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Agenda Reg 07-10-01City of Delray Beach Regular Commission Meeting Tuesday, July 10, 2001 Regular Meeting 6:00 p.m. Public Hearings 7:00 p.m. Commission Chambers Delray Beach City Hall 100 NW 1st Avenue Delray Beach, Florida 33444 Phone: (561) 243-7000 Fax: (561) 243-3774 RULES FOR PUBLIC PARTICIPATION 1. PUBLIC COMMENT: The public 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 Pubhc: 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 ernst and at the discretion of the Commission, citizens may speak on any official agenda item under these sections. 2. SIGN IN SHEET: Prior to the start of the Commission Meeting, individuals wishing to address public hearing or non-agendaed items should sign in on the sheet located on the right side of the dais. If you are not able to do so prior to the start of the meeting, you may still address the Commission on an appropriate item. The primary purpose of the sign-in sheet is to assist staff with record keeping. Therefore, when you come up to the podium to speak, please complete the sign-in sheet if you have not already done so. 3. ADDRESSING THE COMMISSION: At the appropriate time, please step up to the podium and state your name and address for the record. All comments must be addressed to the Commission as a body and not to individuals. Any person making impertinent or slanderous remarks or who becomes boisterous while addressing the Commission shall be barred by the presiding officer from speaking further, unless permission to continue or a§aln address the Commission is granted by a majority vote of the Commission members present. APPELLATE PROCEDURES Please be advised that if a person decides to appeal any decision made by the City Commission with respect to any matter considered at this meeting, such person v~ll 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 chsablhty an opportunity to participate in and en}oy the benefits of a service, program, or activity conducted by the City. Contact Doug Randolph at 243- 7127 (voice) or 243-7199 (TDD), 24 hours pnor to the event in order for the City to accommodate your request. Adaptive hstemng devices are available for meetinas in the Commission Chambers. 2. 3. 4. 5. ROI.l. C^LL. INVOCATION. PLEDGE OF ALLEGIANCE TO THE FLAG. AGENDA APPROVAL. APPROVAL OF MINUTES: · Regular Meeting - May 15, 2001 · Regular Meeting -June 5, 2001 PROCLAMATIONS: A. Commending the Delray Beach Youth Basketball Teams (Junior, Intermediate and Senior) PRESENTATIONS: A. Honoring County Commissioner Addie Green B. All America City Presentation CONSENT AGENDA: City Manager Recommends Approval. A. INITIATION OF COMPREHENSIVE PLAN AMENDMENT 2001-02: C0 Formally imtiate Comprehensive Plan Amendment 2001-2 pursuant to Sectaon 9.2.1 of the Land Development Regulations. ACCEPTANCE OF UTILITY EASEMENTS/FOXE CHASE: Approve and accept a uttlity easement from Mano Shlesinger and from Michael and Mlchelle Kaufman, (Foxe Chase Lot 15 and Lot 16), for the installanon of an 8" water mare from the Hammock Reserve Project to Bridlewood Circle wlthm the Foxe Chase Development. ACCEPTANCE OF UTILITY EASEMENT/SPANISH WELLS Do CONDOMINIUM ASSOCIATION: Approve and accept a utthty easement deed from Spanish Wells Condonumum Associauon for the extension of a sanitary sewer mare located in the Spamsh Wells Subdivision to the new Valencia Court Development. FINAL PLAT/VALENCIA COURT: Approve a final sub&vision plat for Valencia Court, a proposed 6 lot subdivision, located on the north side of Old Germantown Road, east of the Spanish Wells Subdivision. FINAL PLAT/RECTORY PARK: Approve the boundary plat for Rectory Park located on the southwest comer of the intersection of Atlantic Avenue and Swinton Avenue. 07-10-01 FINAL PLAT/FIDELITY FEDERAL BANK: Approve the final plat for the Fidehty Federal Bank located south of SE l't Street between the Federal Highway pairs. FINAL PLAT/WATERFORD PARK: Approve the final plat for Waterford Park located south of the intersection of Lmdell Boulevard and SW 10th Avenue. CONSENT TO SUBLEASE/MONTEREY HOUSE: Approve the Consent to Sublease for property known as the Monterey House between the Florida Department of State's Division of Historical Resources (FDSHR) and the Dekay Beach I--hstorical Society (DBHS) for a one (1) year term ending August 1, 2002. POLICE SUBSTATION LEASE AGREEMENT/MDN LAKE IDA, INC: Jo L0 Approve the lease agreement between MDN Lake Ida, Inc. and the City of Dekay Beach for a Police Substatton located at 600 North Congress Avenue, Umt #420, for a term ending December 31, 2001. FUNDING AGREEMENT WITH PALM BEACH COUNTY/JP MORGAN TENNIS CHALLENGE: Approve an agreement between the City of Delray Beach and Palm Beach County for funding in the amount of $25,000 to help offset the City's costs associated with the JP Morgan Chase Tenms Challenge Event. SECOND AMENDMENT/PALM BEACH COUNTY/WEED AND SEED PROGRAM: Approve the Second Amendment to the Interlocal Agreement between the City of Dekay Beach and Palm Beach County for the Weed and Seed Program, extendmg the City's services as fiscal agent through September 30, 2002. SERVICE AUTHORIZATION # 99-03/LAWSON, NOBLE & WEBB/SW AREA #3: Approve Service Authorization #99-03 in the amount of $66,677.26 with Lawson, Noble & Webb for rrnprovement m the SW Area III and NW 13th & NW 14th Avenue. Funding from 370-3162-541-65.59 (SW Area III/NW 13th & 14~h Avenue). REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the acuons and decisions made by the Land Development Boards for the period June 18, 2001 through July 6, 2001. AWARD OF BIDS AND CONTRACTS: Bid award to multiple vendors for the purchase of chemicals and fertihzers, via the City of Delray Beach Co-op Bid #2001-25 at an estimated annual cost of $183,000. Funding in the estimated annual cost of $69,000 from Parks and Recreation Operating Budget and in the estimated annual cost of $114,000 from the Dekay Beach Mumcipal Golf Course and Lakevlew Golf Course operating budgets. Approve the contract renewal with Office Depot via the Florida Atlantic University Agreement #OP AS0 for the purchase and delivery of office supphes for an esmnated annual cost of $126,350. Funding from various departments operating budget. -3- 07-10-01 REGULAR AGENDA: A. APPEAL OF SITE PLAN REVIEW AND APPEARANCE BOARD ACTION: Consider an appeal of the Site Plan Review and Appearance Board's action to deny a sidewalk waiver associated with a Class II S~te Plan Modification for Ocean Hammock. Quasi-Judicial Hearing CONDITIONAL USE REQUEST: Consider a conditional use request to allow the estabhshment of an assxsted hying facihty for Mt-Atlantic, located on the west side of Military Tratl approxtmately 650 feet south of West Adanuc Avenue. Quasi-Judicial Hearing RATIFICATION OF COLLECTIVE BARGAINING AGREEMENT & MEMORANDUM OF UNDERSTANDING/POLICE BENEVOLENT De Fo ASSOCIATION: Ranfy and approve the Collecuve Bargaining Agreement and Memorandum of Understanding between the C~ty and the Pohce Benevolent Assocmtion (Pohce Officers and Sergeants) for the three year period October 1, 2001 through September 30, 2004. RESOLUTION NO. 45-01: Consider approval of Resolutton No. 45-01 which supports Amtrak passenger raft service between Jacksonville and Miami along the East Coast of Florida. DESIGNATION OF VOTING DELEGATE/FLORIDA LEAGUE OF CITIES ANNUAL CONFERENCE: Designate voting delegate to the Florida League of Cities' 75th Annual Conference to be held at the Wyndham Palace Hotel & Spa, Lake Buena Vista on August 23-25, 2001. PROPOSAL FOR SETTLEMENT ALWANI v. CITY: Consider a proposal for settlement in the Alwani v. City of Dekay Beach case. APPOINTMENT TO THE DOWNTOWN DEVELOPMENT AUTHORITY: H° Appoint one member to the Downtown Development Authority to fill an unexptred term ending July 1, 2002. The appointment will be made by Comrmssioner Perlman (Seat APPOINTMENTS TO THE NUISANCE ABATEMENT BOARD: Appoint the following members to the Nmsance Abatement Board; three (3) regular members w~th term ending March 31, 2003 and one (1) regular member w~th an unexprred term ending March 31, 2002. Also appoint two (2) alternate members w~th term ending March 2003. The regular member appointments will by made by Commissioner Levinson (Seat R3), Commissioner McCarthy (Seat R4), Mayor Schmidt (Seat RS), Commissioner Perlman (Seat #1), and the alternate members by Commissioner Archer (Seat R2) and Commissioner Levmson (Seat R3). 07-10-01 10. PUBLIC HEARINGS: 11. 12. 13. 14. ORDINANCE NO. 37-01 (SECOND READING/SECOND PUBLIC HEARING: An ordinance amending Land Development Regulataons, Secuon 4.4.13 Regarding the Parking Reqmrements m the CBD zone district to accommodate reqmred parking utrhzmg valet or tandem parking, and Section 4.6.9 establishing desagn standards and regulations for valet and tandem parking arrangements. PUBLIC HEARING/BLOCK 28 AND BLOCK 36 (ATLANTIC GROVE): A Public Hearing regarding the following act_tons relating to the proposed 4.6 acre mLxed- use project located on Blocks 28 and 36 (~4t/antic Grove), on the north side of West Atlantic Avenue, between NW 3rd and NW Sth Avenues: Authorize the subrmttal of a $1.5 million Section 108 Loan Guarantee application to assist with the development of the 4.6 acre rmxed use prolect (continued from the June 19, 2001 Comrmsslon Meeting). (It has been requested that rids item be continued to a date certain of July 24, 2OOZ) COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS FROM THE PUBLIC- IMMEDIATELY FOLLOWING PUBLIC HEARINGS. A. City Manager's response to prior pubhc comments and mqmnes. B. From the Pubhc. FIRST READINGS: ORDINANCE NO. 38-01: An ordinance rezoning from RM (Mechum Density Resldenual) to CF (Commumty Facihties) for the First Presbyterian Church and the abutting Fisler Property located on Gleason Street south of East Atlantic Avenue. If passed, a pubhc hearing will be scheduled for July 24, 2001. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS. A. City Manager B. City Attorney C. City Commission CLOSED ATTORNEY/CLIENT SESSION pursuant to F.S.286.011 (8) regarding the case of City of Delray Beach v. Florida Department of Agriculture and Consumer Services and Terry L. Rhodes, m her capacity as Cornrmssioner of Florida Department of Agriculture and Consumer Service, Case No. CL 01-2707 AD. 07-10-01 Attendees: Purpose: Mayor David Schmidt Commissioner Patricia Archer Commissioner Alberta McCarthy Commissioner Jeff Perlman City Manager David T. Harden City Attorney Susan Ruby Assistant City Attorney Jay Jambeck A cerufied court reporter The City has scheduled a closed attomey-chent session pursuant to Florida Statutes 286.011 (8) m the case of City of Delray Beach v. Florida Department of Agriculture, et al. The estimated length of the closed session shall be 20 minutes. -6- 07-10-01 CITY COMMISSION CITY OF DELRAY BEACH, FLORIDA REGULAR MEETING - JULY 10, 2001 6:00 P.M. - COMMISSION CHAMBERS AGENDA MODIFICATION THE CONSENT AND REGULAR AGENDA IS AMENDED BY MODIFYING THE FOLLOWING ITEMS: 8. CONSENT AGENDA L. SERVICE AUTHORIZATION # 99-03/LAWSON, NOBLE & WEBB/SW AREA e #3: Approve Service Authorization #99-03 in the amount of $66,677.26 with Lawson, N'~ble & Webb for improvement in the SW Area III and NW 13th & NW 14th Avenue. Funding from 442-5178-536-65.59 (W&S Renewal and Replacement/SW Area III/NW 13tn & 14th Avenue.) (Funding modified). REGULAR AGENDA D. RESOLUTION NO. 45-01: Consider approval of Resolution No. 45-01 which supports Amtrak passenger rail service between Jacksonville and Miami along the East Coast of Florida. (Section 3 modified). Please be advised that if a person decides to appeal any decision made by the City Commission with respect to any matter considered at this meeting, such person will need to ensure that a verbatim record includes the testimony and evidence upon which the appeal is based. The City neither provides nor prepares such record. MEMORANDUM TO: FROM: SUBJECT: MAYOR AND CITY COMMISSIONERS CITY MANAGE~o' AGENDA ITEM ~'/~' - REGULAR MEETING OF [LrLY 10, 2001 SERVICE AUTHORIZATION #99-03/LAWSON, NOBLE & WEBB AREA III/NW 13TM & NW 14TM AVENUE) DATE: JULY 9, 2001 (SW This is' before the City Commission to approve Service Authorization #99-03 in the amount of $66,677.26 with Lawson, Noble & Webb, Inc. for preliminary and final design services associated with the improvements on SW 15m Avenue, SW 13~h Avenue, (SW Area III) and NW 13th Avenue, NW 14~h Avenue and the retention pond at NW 15m Avenue and NW 3~d Street. This project is part of the 2000 Capital Improvement Plan. In general, the scope of the project indudes water main upgrades, tie-ins, stub-outs, services, swales, fare hydrants and drainage improvements. Funding will be from 442-5178-536-65.59 (W&S Renewal & Replacement/SW Area III/NW 13~h & 14* Avenue). Recommend approval of Service Authorization #99-03 with Lawson, Noble & Webb for professional services related to the SW Area III and NW 13~ and NW 14~h Avenue Improvement projects. (MODIFIED FUND~G 7-9-01) Ref'.Agmemo 16.ServiceAuth. #99-03.Lawson Noble. SWAreallI &NWl 3th & NW14thImp07.10.01 ,Garito, Barbara From: Sent: To: SubJect: Owens, Maureen Tuesday, July 10, 2001 10:21 AM Garito, Barbara Hasko, Richard; Krejcarek, Randal SW AREA Ill-LAWSON ,NOBLE ,& WEBB INC. Please change the account n,,m~er for the agenda item being requested for approFal by the City Co~4ssion (meeting July 10, 2001). Service Authorization (#99-03) for the prel ~m4nary and final design for ~mproFements including the water main upgrades and drainage improvements to be done by Lawson, Noble & Webb, Inc. for SW Area III, NW 13th & I4th Ave (Project #2001-48). Please change the account n,,m~er from 370-3162-541-65.59 to 442-5178-536-65.59 for $66, 677.26. A budget transfer for $176,299 is being processed to proFide funds the needed for this project. Please call or e-mail if you haFe any questions. MEMORANDUM TO: FROM: SUBJECT: MAYOR AND CITY COMMISSIONERS AGENDA ITEM ~ D - REGULAR MEETING OF JULY 10, 2001 RESOLUTION NO. 45-01 (SUPPORTING THE ESTABLISHMENT OF AMTRAK PASSENGER RAIL SERVICE BETWEEN JACKSONVILLE AND WEST PALM BEACH ALONG THE EAST COAST OF FLORIDA) DATE: JULY 10, 2001 Amtrak and the Florida East Coast Railroad have announced they have signed an agreement that will make possible passenger and improved freight rail service to the East Coast of Florida. They will provide two daily round trip passenger trains between Jacksonville and Miami. In addition to stops from West Palm Beach south, these trains will provide stops in St. Augustine, Daytona Beach, Tituswille, Cocoa/Pon Canaveral, Melbourne, Vero Beach, Ft. Pierce and Stuart which are not accessible by passenger rail service. Resolution No. 45-01 supports the establishment of this new rail service and urges the Florida Department of Transportation, the Florida State Legislature and Governor Jeb Bush to support the funding for this project and to continue to provide alternative transportation for Florida reft&ms and tourists thus reducing our overcrowded highways. Recommend approval of Resolution No.45-01 supporting the establishment of Amtrak passenger trial service between Jacksonville and Miami along the East Coast of Florida. Section 3 has been modified to indude; "The C/ty ofDdray Bea& a/so uvge~ that~ ra//ser~ m the Florida East ~ Railroad tracks ~ b'dude stops in Ddray Bead~ ard ~ ~ bemm~ West Palm Bead~ and Miami in additim to stops in ci_~__~_ north of West Pabn t~.ad~". Ref:Agmemo 14_Res.45-01SupportingAmtrak RESOLUTION NO. 45-01 A RESOLUTION OF THE crTY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, SUPPORTING THE ESTABLISHMENT OF AMTRAK PASSENGER RAIL SERVICE BETWEEN JACKSONVILLE AND MIAMI ALONG THE EAST COAST OF FLORDA; AND AN EFFECTIVE DATE. WHEREAS, Amtrak and the Florida East Coast Railroad have announced they have signed an agreement that w~l make possible passenger and improved freight rail service to the East Coast of Florida; and WHEREAS, the passenger service will consist of two daily round trip trains, with each train carrying up to 300 passengers; and WHEREAS, this critical addition of our transportation infrastructure depends on a one-time Florida Department of Transportation investment of approximately $62.5 million, of which $15.5 million is already set aside; and WHEREAS, Amtrak trains will provide stops in St. Augustine, Daytona Beach, Titusville, Cocoa/Port Canaveral, Mdboume, Vero Beach, Ft. Pierce and Stuart; and WHEREAS, these commtmiries are not presently accessible by passenger rail service; and WHEREAS, the project will offer rail transportation as an alternative to residents and tourists and hdp ease our overcrowded highways; and WHEREAS, the train service is part of a larger restructuring of Amtrak service to Florida that wll result in increased service to many parts of the state. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. The City of Delray Beach supports the establishment of Amtrak passenger rail service between Jacksonville and Miami along the East Coast of Florida. Section 2. The City of Delray Beach urges the Florida Department of Transportation, the Florida State Legislature and Governor Jeb Bush to support and fund the establishment of such passenger rail service. Section 3. The City of Delray Beach also urges that passenger rail service on the Florida East Coast Railroad tracks should indude stops in Ddray Beach and other dries between West Palm Beach and Miami in addition to stops in dries north of West Palm Beach. Section 4. That this resolution shall become effective immediately upon adoption by the City Commission of the City of Ddray Beach, Florida. PASSED AND ADOPTED in regular session on this the l0th day of July, 2001. ATTEST: MAYOR Acting City Clerk JUNE 5~ 2001 A Regular Meeting of the City Commission of the City of Delray Beach, Florida was called to order by Mayor David Schmidt in the Commission Chambers at City Hall at 6:00 p.m., Tuesday, June 5,2001. Roll call showed: Present - Commissioner Patricia Archer Commissioner Jon Levinson Commissioner Alberta McCarthy Commissioner Jeff Perlman Mayor David Schmidt Absent - None Also present were - City Manager David T. Harden and City Attorney Susan A. Ruby INVOCATION. Reverend Lionel Cook with Sutton Chapel Church of God in Christ delivered the opening prayer. 3~ The Pledge of Allegiance to the flag of the United States of America was given. 4~ AGENDA APPROVAL. The City Attorney requested that Item 12.B.l.~ Waiver Request with Autobahn Motors Automotive Dealership, be postponed until the second reading of the ordinance. Ms. McCarthy moved to approve the Agenda as amended, seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes. Said motion passed with a 5 to 0 vote. 5~ APPROVAL OF MINUTES: Mr. Perlman moved to approve the Minutes of the Regular Meeting of April 17, 2001, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes. Said motion passed with a 5 to 0 vote. 06/05/01 6. PROCLAMATIONS: 6.A. Recognizing Student Ambassadors: Lexie Brown~ Grant Chang-Chien~ Andrew Chao~ Teresa Garcia and D'Jenie Heine Mayor Schmidt read and presented a proclamation recognizing the Student Ambassadors representing both the City of Delray Beach and the Student Body of Atlantic High School. The following students came forward to accept the proclamation: LEXIE BROWN GRANT CHANG-CHIEN ANDREW CHAO TERESA GARCIA and D'JENIE HELNE 6.B. National Homeownership Week - June 4-8~ 2001 Mayor Schmidt read and presented a proclamation recognizing June 4-8, 2001 as "National Homeownership Week". Lula Butler, Director of Community Improvement, came forward to accept the proclamation. o PRESENTATIONS: CONSENT AGENDA: City Manager Recommends Approval. ACCESS EASEMENT AGREEMENT/CROSSROADS CLUB & ELKS CLUB: Approve an access easement agreement that allows a second point of access from the proposed parking lot for the Crossroads Club over the Elks Club property. The access agreement also provides for access from the Elks Club parking lot over the Crossroads Club parking lot and onto the City owned property. 8.ao AMENDMENT TO THE ENCROACHMENT AGREEMENT WITH THE LAKE WORTH DRAINAGE DISTRICT: Approve the Third Amendment to the Encroachment Agreement between the City and the Lake Worth Drainage District for a five (5) year extension to April 11, 2006. 8.Co ENCROACHMENT AGREEMENT/COMMUNITY CHILD CARE CENTER: Approve an encroachment agreement with the Community Child Care Center which allows the center to place pavers, walkways, overhangs and dumpster pods in the public right-of- way. The initial term of the agreement is twenty-five (25) years with allowable extensions thereafter in ten (10) year increments. 8.D. REPLAT FOR COMMUNITY CHILD CARE FACILITY: Approve the replat for the Community Child Care Facility, located between Lake Ida Road and NW 4th Street. -2- 06/05/01 8.to GRANT AGREEMENT FOR PROGRAMMABLE ELECTRONIC MESSAGE SIGNS: Authorize the Mayor to sign a Grant Agreement with the State of Florida, Department of Community Affairs, for an Emergency Management Preparedness and Assistance Trust Fund grant in the amount of $50,000 to purchase two (2) Programmable Electronic Message Signs specifically designed to further emergency management capabilities. No matching funds are required. 8.F. GRANT APPLICATION TO CHILDREN'S SERVICES COUNCIL: Authorize staff to submit a grant application to the Children's Services Council (CSC) for funding in the approximate amount of $124,680 for the City's out of school program, day camps and summer camp programs. 8.G. CRA INTERLOCAL AGREEMENTS/PINEAPPLE GROVE SPECIAL ASSESSMENTS: Approve the interlocal agreements with the CRA to reimburse the City $50,000 for the Pineapple Grove Entrance Special Assessment District project and $683,283.33 for the Pineapple Grove Way Special Assessment District project. 8oH. AGREEMENT AMENDMENT/GOLDEN MARK MAINTENANCE: Approve an amendment to the agreement between the City and Golden Mark Maintenance to transfer the contract to OneSource Facility Services, Inc. as a result of the merger of two service companies. 8.I. CONTRACT CLOSEOUT/INSITUFORM TECHNOLOGIES~ INC. (REHABILITATION OF GRAVITY SEWER SYSTEMS): Approve the contract closeout with Insituform Technologies, Inc. for the Rehabilitation of Gravity Sewer Systems. 8.J. CONTRACT CLOSEOUT/INSITUFORM TECHNOLOGIES~ INC. (REHABILITATION OF GRAVITY SEWER SYSTEMS/2000 ROADWAY BOND PROJECT): Approve the contract closeout with Insituform Technologies, Inc., Rehabilitation of Gravity Sewer Systems/2000 Roadway Bond Project. 8.g° for the SERVICE AUTHORIZATION NO. 91-45/HELLER-WEAVER AND SHEREMETA~ INC. (2000 ROAD BOND SW AREA I1 IMPROVEMENTS): Approve Service Authorization No. 91-45 with Heller-Weaver and Sheremeta in the amount of $42,240.00 to survey the area encompassing the 2000 Road Bond SW Area II Improvement project. Funding is available from 370-3162-541-65.58 (SW Area II Improvements). 8.L. SERVICE AUTHORIZATION tt 8/MATHEWS CONSULTING~ INC. (SW AREA): Approve Service Authorization # 8 with Mathews Consulting, Inc. for general engineering services for the SW Area II Improvement project. Funding is available from 370- 3162-541-65.58 (SW Area II Improvements). g.M. DEDUCT CHANGE ORDER ti2 & FINAL PAYMENT/AHRENS COMPANIES: Approve deduct Change Order # 2 in the net amount of -$8,854.91 with Ahrens -3- 06/05/01 Companies for completion of the ESD Maintenance & Parks Maintenance Expansion Project, and final payment in the amount of $47,164.85. Funding is available from 334-4131-572-62.10 (Parks Maintenance) -$471.72; and 334-6112-519-62.10 (Building Maintenance/Garage) $8,383.19. 8.N. DELRAY BEACH RENAISSANCE PROGRAM SUBSIDY: Approve a subsidy for one (1) eligible applicant/family in the amount of $11,000.00, property located at 2125 SW 12th Court. This represents the 124th applicant under the Delray Renaissance Program. Funding is available from 118-1924-544-83.01 (SHIP Program). 8.0. SPECIAL EVENT REQUEST/ART & JAZZ ON THE AVENUE: Consider a request for special event approval for Art & Jazz scheduled for June 28, 2001, including temporary use permit and street closure, staff support, use of City equipment, and specified overtime costs. 8.P. SPECIAL EVENT REQUEST/4TM OF JULY: Consider a request for special event approval for the 4th of July Celebration event, including temporary use permit for street closures, waiver to allow banners and flags, waiver to allow assembly on the beach and vendors on A1 A, and staff support. 8.Q. SPECIAL EVENT REQUEST/SUMMER NIGHTS: Consider a request for special event approval for the Summer Nights on the Avenue program, including temporary use permit, staff support with payment to the City for overtime costs exceeding $5,000.00. 8.R. SPECIAL EVENT REQUEST/AVDA 5K WALK: Consider a request for special event approval to allow the 3ra Annual Aid to Victims of Domestic Abuse (AVDA) 5 K Walk to be held on Saturday, October 20, 2001, including temporary use permit, staff support for traffic control with the sponsor paying all overtime costs. 8o8. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Land Development Boards for the period May 14, 2001 through June 1, 2001. goT. AWARD OF BIDS AND CONTRACTS: Purchase award to Fisher Scientific Company for the purchase of forty (40) Self-Contained Breathing Apparatus (S.C.B.A.) cylinders in the amount of $24,035.60. Funding is available from 001-2315-526-64.90 (Other Machinery/Equipment). Contract award to Security Roofing Systems, Inc. for the re-roofing of the beach pavilions along A1A in the amount of $15,796.00. Funding is available from 334-6112-519-62.13 (General Construction/Pavilion Roofs). -4- 06/05/01 Bid award to Red Wing Shoe Store for the purchase of safety shoes via the Palm Beach County Bid #01-078/MW for an annual coat of $21,961.00. Funding is available from various departments' operating expense budget. e Contract renewal via Vero Beach Bid #97-41 with G&K Services for uniform rental at an annual cost of $44,974.00. Funding is available from various departments' operating expense budget. Purchase award via State Contract, to Maroone Dodge in the amount of $16,927.00 for a % ton utility body pickup truck. Funding is available from 441-5123-536-64.20 (Water/Sewer Automotive). e Blanket purchase order increase via Broward County Bid #HD98280M1 to Colonna Asphalt for asphalt and concrete repairs in the amount of $10,000.00. Funding is available from 441-5141-536-34.90 (Water/Sewer-Other Contractual Services). Purchase award to FireCo, Inc. in the amount of $18,650.00 for the purchase of a thermal imaging camera. Funding is from 115-0000-248- 64.00 (Special Projects). Mr. Perlman moved to approve the Consent Agenda, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes. Said motion passed with a 5 to 0 vote. REGULAR AGENDA: 9.A. CONDITIONAL USE REQUEST/BFI: Consider a conditional use request to allow the construction of a 125' high telecommunications tower at the BFI (Browning-Ferris Industries) site, located on the east side of SW 4th Avenue, north of Linton Boulevard (1475 SW 4th Avenue). Quasi-Judicial Hearing. Mayor Schmidt asked the Commission to disclose any ex parte contacts. There were no ex parte contacts noted. Mrs. Archer pointed out that she did have contact with some individuals from BFI at a social function, however, there was no discussion of the tower. The City Attorney stated all involved parties would conduct this item as a quasi- judicial hearing, which allows for presentations, the admission of documents into the record and public testimony. Barbara Garito, Acting City Clerk, swore in those individuals who wished to give testimony on this item. -5- 06/05/01 Paul Dorling, Director of Planning and Zoning, entered the Planning and Zoning project file 2001-86 into the record. Mr. Dorling stated this request is for a 125' manopole telecommunications tower in the industrial area east of S.W. 4th Avenue approximately 800 feet north of Linton Boulevard on property currently occupied by BFI Sanitation Company. The request is to construct 125' manopole with space for five self-providers along with a small ground lease for equipment storage. In 1997, a similar proposal was approved for a 150-foot tower. This approval lapsed as the tower was never constructed. At its meeting of May 21, 2001, the Planning and Zoning Board held a public hearing in conjunction with the request and there was no public testimony regarding the request. After discussing the proposal, the Board voted (6-1, Randolph dissenting) to recommend approval of the 125' high telecommunication tower subject to an additional condition that the tower provide up to five telecommunication service providers. Staff recommends approval of the Conditional Use request to establish a 125' high telecommunication tower at BFI (Browning-Ferris Industries) site, based upon positive findings with respect to Chapter 3 (Performance Standards), Section 2.4.5(E)(5) (Conditional Use Findings), and Section 4.3.3(S) of the Land Development Regulations, and the policies of the Comprehensive Plan, subject to the following conditions as contained in the staff report and further modified by the Planning and Zoning Board to include the capacity for co-location of up to five service providers: That the survey shall be revised to provide the crown elevation of Old Dixie Highway and that the maximum tower height of 125' be provided based on this elevation. That the tower owner shall offer space on the tower with fair, reasonable nondiscriminatory terms, at fair market value, and to negotiate leases promptly and without undue delay. 3. That the maximum height of the barbwire is two feet. That the lease area shall be moved ten-feet to the south in order to preserve the existing landscape island. o That except where superseded by the requirements of other county, state, or federal regulatory agencies possessing jurisdiction over telecommunication towers, the telecommunication tower shall be constructed in neutral colors, designed to blend into the surrounding environment, such as non-contrasting gray. o That a site plan modification be processed with the site plan to be in general conformance with the sketch plan, which addresses the lease area and landscaping issues identified in this report. o That all dead or missing trees, shrubs, ground cover and sod shall be replaced throughout the site. -6- 06/05/01 8. That all exotic plant species such as Australian Pine shall be removed from the site. o That landscape maintenance including weeding, pruning, edging, mulching and fertilizing of all landscape areas shall be accomplished in accordance with direction by the City Horticulturist. 10. That the proper documentation that indicates there will not be a conflict with respect to radio waver interference (Federal Aviation Administration and Federal Communication Commission) shall be submitted. Mark Ciarfella~ speakim, on behalf of Atlantic Coast Tower of Florida~ Inc., stated this was a site that was approved three years ago which is 25 feet lower than the facility that was approved three years ago. Mr. Ciarfella explained this is a different company from the company that had the approval three years ago and since it expired they accepted all of staff's conditions of approval. He believes Atlantic Coast Tower of Florida satisfies the intent of the code in terms of locating it in an industrial area. Mr. Ciarfella stated they will construct this facility for five telecommunications providers which is in excess of what the code allows and that is why they are asking for approval from the Commission. There being no one else who, having been duly swom, who wished to address the Commission in support or in opposition of the application, the public hearing was closed. Ms. McCarthy moved to approve the Conditional Use request to establish a 125' high telecommunication tower at Browning-Ferris Industries (BFI) site, based upon positive findings with respect to Chapter 3 (Performance Standards), Section 2.4.5(E)(5) (Conditional Use Findings), and Section 4.3.3(S) of the Land Development Regulations, and the policies of the Comprehensive Plan, subject to the conditions contained in the staff report and further modified by the Planning and Zoning Board to include the capacity for co-location of up to five service providers, seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes. Said motion passed with a 5 to 0 vote. 9.B. SANDOWAY PARKING LOT: Consider the statistical data collected during the test period, from January 2001, through April 2001, associated with extending the closing time of the Sandoway Parking Lot from 8:00 p.m. to 9:00 p.m. and establish the official lot closing time. Paul Dorling, Planning Director, stated on January 16th of this year the Commission approved extending the Sandoway Lot closing time from 8:00 p.m. until 9:00 p.m. on a trial basis to ascertain utilization of the lot beyond the 8:00 p.m. closing time. The test period began mid-month (January 16th) and there was no utilization of the lot late in the evening. This lack of utilization was probably due to citizens not being aware of the extended operating hours. However, February and March showed increased activity with a total of twenty-two (22) and twenty-one (21) cars parked respectively. In April with the onset of -7- 06/05/01 Daylight Savings Time, the lot accommodated forty-four (44) cars parked after 8:00 p.m. It is noted that the lot utilization in February and March is probably higher than reported as these counts are based on incomplete data (missing days). Mr. Steve Daniels, attorney representing Ocean Place Condominium, appeared before the Parking Management Advisory Board at their May 22nd meeting in opposition to the later closing time stating that the marginal use of the parking lot did not necessitate the later closing time. After discussion, based on the increased usage particularly with Daylight Savings Time, the Board voted 5-2 (Madncola, Onnen and Radabaugh absent), in favor of continuing the test period of the Sandoway Lot's 9:00 p.m. closing time for an additional six-month period, ending October 31. Mr. Perlman moved to approve the continuation of the test period of the Sandoway Lot 9:00 p.m. closing time for an additional six-month period, ending October 31st, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes. Said motion passed with a 5 to 0 vote. 9.Co HOMEOWNERS AGREEMENT/ANDOVER HOMEOWNERS ASSOCIATION: Approve an agreement between the City and the Andover Homeowners Association with the City providing supplies needed for the construction of drainage improvements near the entrance to Andover. Randal Krejcarek, City Engineer, stated this is an agreement with the Andover Homeowners' Association. The City is providing materials to Andover to facilitate the construction of drainage improvements at their entrance on Germantown Road to be completed by Andover. The City will provide the following: 50 lineal feet of 18" HDPE Exfiltration Pipe. 2 Type "C" Inlets with Grates. 16 cubic yards of#57 stone. The City will have no continuing obligation with regard to the proposed improvements or materials. Andover agrees to indemnify and hold the City harmless for any claims arising from the installation of the drainage which is simply the drainage improvements, including installation of the materials. The City Attomey noted a typographical error to paragraph #8 (page two) of the agreement in the second line there should be a period placed after the word "parties" and the words "as it relates to settlement discussions" should be deleted. Mrs. Archer moved to approve the agreement between the City and the Andover Homeowners' Association with the City providing supplies needed for the construction of -8- 06/05/01 drainage improvements near the entrance to Andover as amended, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes. Said motion passed with a 5 to 0 vote. 9oDo AMENDMENT Itl TO DEVELOPER'S AGREEMENT/OCEAN HAMMOCK HOMES: Approve Amendment #1 to the developer's agreement with Ironwood Properties for the Ocean Hammock Coach Homes project. Randal Krejcarek, City Engineer, stated this amendment is to an existing agreement the City has with Ocean Hammock Homes and the reason for the amendment is that at the last minute the City requested that the developer's engineer revise the design. Mr. Krejcarek stated he is referring to the road on Pelican Lane, which is the boundary between the Town of Gulf Stream and the City of Delray Beach. The City's request was to shift the road approximately 10 feet south of its current location. As a result of this request, the developer has incurred additional design expenses. However, this has also reduced the need for a retaining wall along Pelican Lane and therefore, reduced the quantities of some of the materials listed on the original Exhibit "A". Mr. Krejcarek stated the total amount of the agreement is $62,550.00 and has not changed. All that is being done is they are subtracting out the quantity for the retaining wall and then adding it back in for the design (a wash). Mr. Perlman moved to approve Amendment #1 to the developer's agreement with Ironwood Properties for the Ocean Hammock Coach Homes project, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes. Said motion passed with a 5 to 0 vote. 9.E. LEASE AGREEMENT AT&T/POLICE DEPARTMENT TOWER: Consider approval of a lease agreement with AT&T Wireless Services of Florida for location of their communications equipment on the Police Department Tower. The initial term is for five (5) years. The City Attomey stated this agreement is for an initial term of five years with additional five-year terms. AT&T will pay the City a monthly rental payment of $2,000. Beginning with year two of the initial term, and each year thereafter, including throughout any option terms exercised, the monthly rent will escalate by three percent (3%) over the previous year's rent on a compounded basis. Mr. Levinson asked how the City arrived at the monthly rental payment of $2,000? In response, Amanda Solomon, Telecommunications Systems Manager, stated she called several cities and counties to see what the standard rates were for co-location and feels this is a competitive rate. Mrs. Archer moved to approve the lease agreement with AT&T Wireless Services of Florida for location of their communications equipment on the Police Department Tower, -9- 06/05/01 seconded by Mr. Perlman. Upon roll call the Commission voted as follows: Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes. Said motion passed with a 5 to 0 vote. 9.F. SPECIAL EVENT REQUEST/JOIN HANDS DAY FESTIVAL: Consider a request for special event approval for the First Join Hands Day Festival to be held on Saturday, June 16, 2001 at Currie Commons Park, including the use of the park, temporary use permit, staff support and waiving overtime costs. Robert A. Barcinski, Assistant City Manager, explained this is a request to consider approval of the First Join Hands Day Festival sponsored by the Toussaint L'Ouverture High School for Arts and Social Justice, the Joint Venture and the Osceola Park Homeowners' Association to be held on Saturday, June 16, 2001 from 11:00 a.m. to 6:00 p.m. at Currie Commons Park. Staff is also requesting to grant a temporary use permit per LDR's Section 2.4.6(H) for the use of the park, to provide staff support for security, stage set up, and trash removal and clean up, and to waive all overtime costs. This is a new event and would exceed the 50-event limit set by the City Commission. Mr. Barcinski stated because it appears that this event would support one of our major five-year goals, Community Unity, the expected workload for City staff is relatively minor. The event is outside the downtown area and the Commission may wish to allow it as an exception to the 50-event limit. If the Commission decides to allow the event, staff recommends approving use of the park, providing staff support as requested and waiving overtime costs. Mayor Schmidt commented that he is pleased to see the partnership between the Joint Venture and the Osceola Park Homeowners' Association and the high school. He stated he realizes the 50-event limit, but would support making an exception for this event. The Commission concurred with Mayor Schmidt's comments. Ms. McCarthy moved to approve the special event request for First Join Hands Day Festival sponsored by the Toussaint L'Ouverture High School for Arts and Social Justice, the Joint Venture and the Osceola Park Homeowners' Association to be held on Saturday, June 16, 2001 from 11:00 a.m. to 6:00 p.m. at Currie Commons Park including a temporary use permit per LDR's Section 2.4.6(H) for the use of the park, to provide staff support for security, stage set up, and trash removal and clean up, and to waive all overtime costs, seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes. Said motion passed with a 5 to 0 vote. 9oG. PROPOSAL FOR SETTLEMENT/JAMES TYLKE v. CITY OF DELRAY BEACH~ et. al: Consider proposal of settlement in the James Tylke v. City of Delray Beach, et. al. The City Attorney stated this is a proposal for settlement in the amount of $1,501.00 as to Sergeant Berry, $2,501.00 as to former Sergeant Jeff Rancour and $3,501.00 as -10- 06/05/01 to the City. Mr. Perlman moved to approve the proposal of settlement in the James Tylke v. the City of Delray Beach, et al, seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes. Said motion passed with a 5 to 0 vote. 9.H. RFP FOR NAMING RIGHTS/TENNIS FACILITY: Consider approval of the RFP for naming rights/and or philanthropic donations for the Tennis Facility. Robert A. Barcinski, Assistant City Manager, stated this is before the Commission for review and consideration for approval prior to staff going out and advertising requesting proposals from firms to solicit naming rights and/or philanthropic donations for the Tennis Center and Stadium. Mr. Barcinski stated there were a few RFP samples, which he was able to utilize. Both the County and City of Miami just recently came out with an RFP for the Orange Bowl naming rights. Mr. Barcinski stated the dates are somewhat optimistic, but if we utilize advertising with some of the major sports publications the dates may be extended a little bit. Mr. Barcinski stated the key would be to get to firms and get information out to submit proposals. Ms. McCarthy asked if Mr. Barcinski would like to use June l0th as a tentative date and if we do not get responses, then at that point extend the date? In response, Mr. Barcinski stated before this is finalized he will have to call to see how long it may take and possibly extend the timeframe. With regard to Matchpoint, Mr. Levinson stated it is unclear that if there is a naming right sold for a tournament it appears that they get 50% of the revenue, but if a naming right is sold which is different from a tournament function for the stadium, it is unclear whether or not they are entitled to the fee. The City Attorney stated quite some time ago during the naming of the stadium was an issue and explained this is different then a sponsorship (i.e. for an event). Mr. Perlman stated he feels this is a great RFP and stated the key is going to be where this is advertised. Mr. Perlman commented about The International Tennis Championships and asked if CITRIX has pulled out? In response, Mr. Barcinski stated CITRIX has not renewed their contract so Matchpoint is calling it another name until they secure another sponsor. Ms. McCarthy moved to approve the RFP to allow latitude on the advertising dates, seconded by Mr. Levinson. Prior to the vote, the following discussion ensued. -11- 06/05/01 At this point, Mr. Perlman stated under the naming right qualifier #2 on page three it talks about Flight Media contract and asked if Flight Media still maintains the rights to companies they have contacted even though they are not under contract? Mr. Barcinski explained only Southwestern Bell Communications, Inc. or a subsidiary thereof or Sun America Companies. Mr. Perlman asked how long they could maintain this? Mr. Barcinski explained one year after the expiration. Upon roll call the Commission voted as follows: Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes. Said motion passed with a 5 to 0 vote. 9.I. CHARTER REVISION COMMITTEE: Commission to provide direction to the recently appointed Charter Revision Committee. Committee, direction: Mayor Schmidt stated Ken Ellingsworth, Chairman of the Charter Revision requested that the following items be placed on the agenda for Commission 1. If Charter changes are made, what ballot would the Commission like them to go on? November 2001 or March 2002? It was the consensus of the Commission to place any changes related to the Charter on the March 2002 ballot. 2. Does the Commission want the Committee to review both the Charter and election ordinance? It was the consensus of the Commission to have the Charter Revision Committee to review both the Charter and Chapter 34 (Elections). 3. Does the Commission want specific areas of the Charter to be addressed (i.e., date of elections, qualification to run, term limits, etc.) or do they want the entire Charter and election ordinance to be reviewed? It was the consensus of the Commission to review the entire Charter and election ordinance. It was the consensus of the Commission to have public input early in the process for a maximum of two or three meetings so the Charter Revision Committee has time to form their organization and identify their tasks. In addition, the Commission concurred to hold the first couple of Charter Revision Committee meetings in different locations throughout the City. 12. FIRST READINGS: 12.A. ORDINANCE NO. 35-01: An ordinance amending Chapter 91, "Animals" of the -12- 06/05/01 Code of Ordinances and amending Section 91.51 "Lighting Restrictions Along Beach", to provide for a change in the dates and times that artificial lighting along the beach shall be prohibited. If passed, a public hearing will be scheduled for June 19, 2001. The City Manager presented Ordinance No. 35-01: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, AMENDING THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, CHAPTER 91, "ANIMALS"; BY AMENDING SECTION 91.51, "LIGHTING RESTRICTIONS ALONG BEACH", TO PROVIDE FOR A CHANGE IN THE DATES AND TIMES THAT ARTIFICIAL LIGHTING ALONG THE BEACH SHALL BE PROHIBITED; PROVIDING A GENERAL REPEALER CLAUSE, SAVINGS CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 35 -01 is on file in the City Clerk's office.) The City Attorney read the caption of the ordinance. Paul Dorling, Planning Director, the County's Land Development Regulations requires that County funds expended for shore protection projects within municipalities be contingent upon full enforcement of their LDR Section 91.51 which includes sea turtle protection and sand preservation ordinances or adoption by municipalities of an equally stringent ordinance. The changes provide that lighting restrictions shall be in place from dusk to dawn rather then from 11:00 p.m. to 6:00 a.m. and shall extend from March 1, rather than May 1, until October 31 st of each year. Mr. Levinson stated the City of Boca is trying a new lighting scheme, which is in the ground and asked if that works do we need to amend this ordinance? In response, Mr. Dorling stated this ordinance would not need to be amended and stated he believes the City of Boca has this funding through the State. Mr. Dorling informed everyone that this would be a ground lit system, which the County is endorsing. Mrs. Archer inquired if the City of Delray Beach will have an opportunity to go with a similar system. Mr. Dorling stated this is a test system and staff will address the specifics of the system. Mrs. Archer stated several individuals have contacted her regarding the inadequate lighting at the north end of the beach. Evidently, Mrs. Archer stated there are a lot of joggers who jog in this area and are concerned for their safety. She feels this could be a potential problem and should be addressed immediately. -13- 06/05/01 Mr. Dorling stated there is a part of the ordinance, which addressed these two issues. There are some additional lighting issues that the County has approached the City about and staff is working with them on those. However, these are clearly concerns that are inconsistent with the County's regulations. Mrs. Archer moved to approve Ordinance No. 35-01 on FIRST Reading, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes. Said motion passed with a 5 to 0 vote. 12.B. ORDINANCE NO. 32-01: An ordinance rezoning from GC (General Commercial) to AC (Automotive Commercial) for a parcel of land located on the west side of North Federal Highway approximately 920 feet north of Lake Avenue for Autobahn Motors, Inc. If passed, a public hearing will be scheduled for June 19, 2001. The City Manager presented Ordinance No. 32-01: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED GC (GENERAL COMMERCIAL) DISTRICT TO AC (AUTOMOTIVE COMMERCIAL) DISTRICT; SAID LAND BEING A PARCEL OF LAND LOCATED ON THE WEST SIDE OF NORTH FEDERAL HIGHWAY, APPROXIMATELY 920' NORTH OF LAKE AVENUE, AS MORE PARTICULARLY DESCRIBED HEREIN; AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, 2000"; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 32-01 is on file in the City Clerk's office.) Paul Dorling, Planning Director, stated this property was annexed into the City in 1979 and contained the former Arrow Trailer Park. This use was demolished to make way for redevelopment of the site. A rezoning request is before the Commission this evening to accommodate a "high end" facility and a new electric automobile dealership. In a separate related application there was also a conditional use application to establish a full service vehicle repair facility on the site to service both the electric cars and the regular cars. The required findings of Section 3.2.2 and 3.1.1 are made in the Planning and Zoning Staff Report including the rezoning standards, findings relating to the future land use map, concurrency, consistency and compliance with the LDR's. With respect to consistency, several comp plans are identified in the staff report and this request is consistent with those particularly Future Land Use Element Policy A-2.4 that directs automobile uses to this area of the City, Future Land Use Element Policy C-1.4 relating to consistency with the Federal -14- 06/05/01 Highway Redevelopment Plan and the Future Land Use Element Objective A-1 relating to the intensity of uses. With respect to the compliance and the LDR's Mr. Dorling stated this meets all the requirements with the exception of the minimum size of 1.5 acres of AC (Automotive Commercial) use. This site in its gross acreage is 1.8 acres, after a significant dedication for both Dixie Highway and Federal Highway this site ends up at approximately 1.42 acres. At its meeting of May 21, 2001, the Planning and Zoning Board held a public hearing in conjunction with the requests. After reviewing the staff report and discussing the proposal, the Board voted 7-0 to recommend that the requests be approved, based upon positive findings with respect to Chapter 3 (Performance Standards) and Section 2.4.5(D)(5) of the Land Development Regulations, and policies of the Comprehensive Plan. Mr. Dorling noted he spoke with a representative from the North Federal Highway who expressed some concerns that they did not want to see hoods up on cars and flags, etc. Mr. Dorling stated these concerns are already addressed because those things are prohibited in the AC (Automotive Commercial) zoning requirements. The City Attorney announced that there would be a quasi-judicial hearing on this rezoning ordinance as well as the waiver on Tuesday, June 19, 2001. Mr. Perlman moved to approve Ordinance No. 32-01 on FIRST Reading, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman- Yes; Mrs. Archer - Yes. Said motion passed with a 5 to 0 vote. WAIVER REQUEST/AUTOBAHN MOTORS AUTOMOTIVE DEALERSHIP: Consider a waiver to LDR Section 4.4.10(F)(2)(d), which requires a minimum lot area of 1.5 acres for Autobahn Motors Automotive Dealership, located on the west side of North Federal Highway, approximately 920' north of Lake Avenue. This item was deferred to the second reading of the June 19, 2001 Regular City Commission Meeting. 12.C. ORDINANCE NO. 36-01: An ordinance amending Chapter 33, "Police and Fire Departments" of the City Code of Ordinances, by amending Section 33.685, "Deferred Retirement Option Plan", authorizing the Pension Board to select a third party administrator to provide a self-directed investment program for DROP Accounts. If passed, a public hearing will be scheduled for June 19,2001. The City Manager presented Ordinance No. 36-01: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 33, "POLICE AND FIRE DEPARTMENTS", -15- 06/05/01 SUBHEADING 'PENSIONS", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SECTION 33.685, "DEFERRED RETIREMENT OPTION PLAN"; AUTHORIZING THE PENSION BOARD TO SELECT A THIRD PARTY ADMINISTRATOR TO PROVIDE A SELF-DIRECTED INVESTMENT PROGRAM FOR DROP ACCOUNTS; PROVIDING A VALIDITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. (The official copy of Ordinance No. 36-01 is on file in the City Clerk's office.) The City Attorney read the caption of the ordinance. Mrs. Archer asked if this would have any adverse financial impact on the City in any way? The City Attomey stated this would not have any adverse financial impact on the City. Mayor Schmidt commented that it was a concern that the plan participants have a little more flexibility in what they are doing with their investments. Ms. McCarthy moved to approve Ordinance No. 36-01 on FIRST Reading, seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes. Said motion passed with a 5 to 0 vote. At this point, the time being 6:50 p.m., the Commission moved to Item ll.B., Comments and Inquiries on Non-Agenda Items from the Public. 11~ COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS FROM THE PUBLIC- IMMEDIATELY FOLLOWING PUBLIC HEARINGS. ll.B. From the Public. ll.B.1. Jay Slavin, 2601 N.W. l0th Street, expressed concern regarding the Charter Revision Committee Meetings being made public. She recently looked up the Charter Revision Committee members from June 1991 and stated the meetings were made very public and the Committee did an excellent job. ll.B.2. Kevin Warner~ 248 Venetian Drive, expressed concern over a variety of issues (i.e. Citrus Canker, Billboards, Boca Raton Airport problems, and drug rehab centers) where a controlling authority goes beyond the City. He stated these are issues where other legal bodies are involved and the City cannot do anything about it. Mr. Warner suggested engaging Kathy Daley, City Lobbyist, to recognize that she is also working for other cities that may have similar views and when it is appropriate give her direction on what might be items of pursuit. Mr. Warner stated he was informed by the City Manager's office that there is no status report of her -16- 06/05/01 activities on file and respectfully requests to review this in order to see what her thoughts are and see the progress she has made. Secondly, Mr. Warner wished the Commission good luck with the upcoming budget season. ll.B.3. Mar~. Alford, 31 N.W. 14th Avenue, thanked the City Manager for the letter in response to the issue that was presented at the last meeting regarding left turn signals. She asked whether or not someone from the City would be there when FDOT monitors this problem? In addition, she asked for a copy of all the accident reports that may have occurred in that area for this year and stated it would be a big help to the Gateway Homeowners' Association in determining how they will approach this matter. Mayor Schmidt asked ifFDOT would notify the City ahead of time when they are going to monitor something like this? The City Manager stated it depends on what they are doing. For example, if FDOT is putting out traffic counters then usually they do not. If they are sending someone to actually observe the intersection then FDOT may let the City know or they may not. However, the City Manager stated the City can request that FDOT notify the City ahead of time when they are going to monitor this area. At this point, Ms. McCarthy questioned the validity of a traffic counter and whether or not they would have the knowledge to know if there would be a need for a left-hand turn signal? In response, the City Manager stated yes because one major factor they consider is the volume on the two streets. The City Manager stated that although the Commission may not agree with this, it is one of the criteria that FDOT uses. Ms. McCarthy stated she wants to be reassured that if FDOT decides to monitor this intersection by traffic count, then is it correct to assume that they will put the counters on the north and the south sides of the street? The City Manager explained that FDOT would put counters on both the north and south sides of the street. ll.B.4. John Bennett, 137 Seabreeze Avenue, speaking on behalf of Progressive Residents of Delray (PROD), read the following into the record per direction from the Board (a copy is attached hereto and incorporated herein as an official part of the minutes): "In the near future, the terms of several CRA Commissioners will expire. Given that the CRA is now emphasizing the priority of action in an area that has seen little redevelopment activity until now, PROD feels that it is appropriate and desirable to re-examine the policy of automatically reappointing incumbent CRA Commissioners to second four-year terms. This policy allows an individual to continue on the CRA even beyond the period of service of the City Commissioner who appointed him or her and who has twice won reelection. A single four-year term is already the equivalent of two full terms on most of the City's other Boards and exceeds the term of service on all except two or three other City Boards." -17- 06/05/01 "To recommend henceforth limiting CRA Commissioners to a single four-year term, is in no way to suggest that the performance of our present Commissioners has been anything less than praiseworthy. Indeed, we are mindful of the many valuable contributions made by incumbent Commissioners. Nonetheless, as we move into a new phase of redeveloping the City, we should make room for new ideas and new faces. The process will certainly operate more smoothly if future appointments to the CRA provide greater representation of the populace most directly affected by the redevelopment efforts, although that should not be the sole source of appointments." At this point, the time being 7:00 p.m., the Commission moved to the duly advertised Public Hearings portion of the agenda. 10. PUBLIC HEARINGS: 10. ORDINANCE NO. 34-01: An ordinance amending Chapter 32 "Departments, Boards and Commissions" of the City Code of Ordinances by modifying Section 32.07 "Membership Qualification/Requirements". Prior to consideration of passage of this ordinance on Second and FINAL Reading, a public hearing has been scheduled to be held at this time. The City Manager presented Ordinance No. 34-01: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, CHAPTER 32, "DEPARTMENTS, BOARDS, AND COMMISSIONS", HEADING "GENERAL PROVISIONS"; BY AMENDING SECTION 32.07, "MEMBERSHIP QUALIFICATIONS/ REQUIREMENTS", TO PROVIDE EMPLOYMENT WITHIN THE CITY AS AN ADDITIONAL QUALIFICATION; PROVIDING A GENERAL REPEALER CLAUSE, SAVINGS CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 34 -01 is on file in the City Clerk's office.) The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. Mayor Schmidt declared the public hearing open. John Bennett speaking on behalf of PROD, stated PROD opposes this ordinance on several grounds. First, as a matter of policy making, Mr. Bennett asked why the City is doing things in this disjointed method instead of having the comprehensive review? Secondly, Mr. Bennett asked why the City is doing this at all? Mr. Bennett stated he reviewed -18- 06/05/01 the agenda backup material and feels it provides no rationale or justification. Mr. Bennett stated the ordinance itself has a "whereas" clause that says: "whereas the City desires to do this" and asked why does the City desire to do this? Jean Beer~ 2145 S.W. 26th Terrace, wholeheartedly agrees with comments expressed by Mr. Bennett and stated there is no reason for this. Ms. Beer feels this is an insult to all the people who sign up for Boards to even suggest that someone who merely works for a company in the City should sit on the most important Board the City has. Furthermore, Ms. Beer stated this is the very basis of how we govern our City and feels Charter Revision Committee should be the people's choice and not someone who has no connection to the City. Henr~. Williams~ 310 N.W. 3ra Avenue, questioned the ordinance and stated he wished there was a way to make a law that a person who serves so many years cannot be allowed to run again for that same seat. Mr. Williams agrees wholeheartedly with comments expressed by Ms. Beer and Mr. Bennett regarding the Board and Committees and membership qualifications/requirements and stated everyone is being selfish. Alice Finst~ 707 Place Tavant, stated she questions this ordinance and does not understand with all the people who volunteer in the City why the City is making the effort to have an ordinance to allow someone who does not live in the City to serve on one of the City Boards. Ms. Finst stated she would expect the Commission to be looking for people who attend the City Commission Meetings, who understand what is happening in the City, and who understand how the Boards operate. Ms. Finst stated to open up our City to people who do not pay taxes and who are only employed here seems truly unusual. There being no one else who wished to address the Commission, the Public Hearing was closed. Discussion by the Commission followed. Mr. Levinson stated at the last meeting he expressed concerns with an employee who was not in a position of responsibility on behalf of the business who could make decisions for the business because he thought this at least made some sense if it were a public company or private company. Mr. Levinson stated he received numerous calls regarding this and stated he does have concerns with an employee who is not in an official position and expressed concerns with this being a perception issue. Mayor Schmidt stated that over the years with certain positions on Boards the City has had a tremendous amount of difficulty finding people to serve on these Boards because either they do not live in the City or they do not own a business in the City. Mayor Schmidt feels the people who spoke this evening on this ordinance and directed their comments to the person he nominated to the Charter Revision Committee owe him an apology. Mayor Schmidt commented that just the fact that someone may not know him does not mean that he is not involved in this community and feels he should not be criticized for choosing not to live in the -19- 06/05/01 City. Mayor Schmidt stated one reason this particular person was nominated to the Charter Revision Committee was because he wanted someone that he knew that would be independent. Mrs. Archer stated she had a great deal of difficulty trying to find a qualified applicant for the Pension Board. Mrs. Archer stated she was able to find two very qualified people but because they held officer/management positions but were not owners of the company they could not serve. She stated this is a problem that comes up on a day-to-day working basis in the City. Mrs. Archer stated there are some excellent people who are very concerned about what goes on in the City and have some excellent input to give in their particular expertise. However, because they do not live in the City or own a business in the City that cannot serve on a City Board. Mr. Perlman stated that Pat Warren, Executive Assistant/Board Liaison, works very hard to recruit people for the Boards and also enlists the Commission to do the same. Mr. Perlman is gratified to see that there is an interest in various Boards. Mr. Perlman stated he agrees with Mr. Bennett's philosophy, however, he is disturbed by the tone because he does not feel that anyone has been desultory or lazy as far as trying to get people to serve on the various Boards. Mr. Perlman stated as a liaison for the Education Board, he is glad that we have a line up for the Education Board. Mr. Perlman reiterated comments expressed by Mr. Levinson regarding other language in the ordinance and feels the ordinance should reflect an employee in a supervisor position not necessarily an employee. Furthermore, Mr. Perlman stated he has a problem with someone from outside the City coming in and making policy recommendations. Mrs. Archer stated she is in favor of this particular ordinance change but reiterated that she would like to see it indicated wording to read: "and/or an officer, manager, or director of a company" rather than just an "employee". The City Attorney suggested that the Commission bring this ordinance back for a Second Reading/Second Public Hearing on June 19th and treat this ordinance as a First Public Hearing. The City Attorney recommended that the new ordinance reflect the change to read: "and/or an officer, manager, or director employed within the City". Mrs. Archer moved to approve to bring this ordinance back as a new ordinance on Second Reading/Second Public Hearing reflecting the following change "and/or an officer, manager, or director employed within the City", seconded by Mr. Levinson. Ms. McCarthy stated she feels this is a reasonable compromise. However, she stated her perception is different and believes there are people who are employed in the City who spend more hours in the City working then they do at home. There are other people who live in other cities who have their children in the school system and work in the City as well. Ms. McCarthy feels these people have a strong vested interest in what goes on in the City but as a compromise would accept the amendment change to the ordinance. Ms. McCarthy stated a person who is currently employed in the City and would like to start a business in the City would have to be told they are not qualified to serve on a -20- 06/05/01 Board because their business is not in place yet. Ms. McCarthy emphasized she wanted to bring this to everyone's attention so that when this is reviewed again, that component is actually put into place. Upon roll call the Commission voted as follows: Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes. Said motion passed with a 5 to 0 vote. At this point, the time being 7:25 p.m. the Commission reopened Item ll.B., Comments and Inquiries on Non-Agenda Items from the Public. lI.B.5. Henry. Williams~ 310 N.W. 3ra Avenue, asked the Commission to explain the membership qualifications/requirements for the Boards and Committees. 11.B.6. Alice Finst~ 707 Place Tavant, stated it is very difficult to hear the Commission speaking. She stated that either the Commission is not speaking directly into the microphones or the City needs a new sound system. Secondly, Ms. Finst suggested that there be some sort of display for presentations and stated the easel is working its way out the exit door. Ms. Finst stated she has witnessed this at other forums where plans are presented and she feels it is embarrassing to have to get out of your seat and walk around in the middle of a meeting to see what is going on. The City Manager stated he would have to speak to other forums. However, for City Commission meetings, the City Manager stated staff is supposed to direct anyone that is making a presentation to use PowerPoint or some other means that can be projected on the screen. Ms. Finst inquired about the budget hearing presentations and inquired when the Department Heads or Committees will be giving their presentations because there are a lot of concerns people have regarding items that have not been included in the budget in previous years. Ms. Finst suggested that there be a Code Enforcement Officer available on the weekends. Ms. Finst stated when our parks are most active the City does not have a full working staff for cleanup, maintenance, care, and supervisor in the parks. She stated she has discussed this with Joe Weldon, Director of Parks and Recreation, and stated even with some creative shuffling the funds are not available to pay staff overtime. Ms. Finst stated there is just not enough staff, money, or time to do what has to be done. Ms. Finst stated if the City does not have any Workshop Meetings planned, then she would like to see this input put in that the City needs additional funds for full time code enforcement on the weekend and for the Parks and Recreation Department. Mr. Perlman stated the City did hold some Workshop Meetings last year. Per the direction of the City Commission, staff held workshop meetings early enough in the process to make some changes and Mr. Perlman stated he would image the City would do this again. Mayor Schmidt noted the City held a few special presentations but only a few people attended. -21- 06/05/01 Ms. Finst stated there are some input meetings being held through the Parks and Recreation Department and suggested that the City put out advertising at those meetings because people could then give ideas on how they would like money spent on recreation activities. ll.B.7. Mr. O'Clark~ President of Atlantic Park Gardens Homeowners' Association, thanked the Commission for approving the grant for the community improvement of the area where he lives. Mr. O' Clark inquired about the Alexander House located at 45 S.W. 13th Avenue and suggested the house be demolished because he feels the house is an eyesore. Secondly, with regard to the absentee owners, Mr. O'Clark asked if the City has a program where an apartment could be converted into a single family home in an effort to help get rid of the absentee owners and eliminate the drug problem. With regard to the single family homes being placed on vacant lots, Mr. O'Clark suggested the City consider replacing some more single family homes on 13th Avenue and 14th Avenue in addition to 10th and 12th Avenue. He feels this would not only help with the drug problem but would also help improve the appearance of the neighborhood. Lastly, Mr. O'Clark stated the Police have responded very well and thanked the Police Department for the signs. He asked that the Police force start focusing on the buyers instead of the drug dealers. Mr. O'Clark stated if there is something that can be done to help eliminate most of the people buying, that would probably help the dealers from going into the neighborhoods. 13. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS. 13.A. City Manager. With regard to expanding our trees in the City and getting free seedlings, the City Manager stated the City has an "Adopt a Tree" Program that allows neighborhoods to apply for trees to be planted along their streets. The trees are typically 8 feet in height at the time of installation. The City Manager explained Winston Hudson, Neighborhood Program Specialist, coordinates this. Neighborhoods need to get support of at least half of the residents on a given street and those residents have to agree to adopt the trees and ensure that the trees are properly maintained. Seedlings would be difficult to get established in a right-of-way since there is no protection from lawn mowers. In response to a previous comment made by Commissioner Levinson regarding Arbor Day, the City Manager stated one of the things the City has to do in order to be considered a "Tree City" is have Arbor Day celebrations which has not been done in the last three years. Nancy Davila, City Horticulturist, and Jennifer Buce, Recycling Coordinator, work with the schools and are involved with Earth Day celebrations where all sorts of growing things (including trees) are given to the children to take home to plant. They have discussed reinstating the Arbor Day Program through the schools hopefully in January 2002. The City Manager stated -22 - 06/05/01 this is really the only item the City needs to get back in gear in order to be eligible for the "Tree City" award again. With regard to a concern expressed by Ms. Finst regarding the area behind the Palm Beach County Administrative Complex next to the Tri-Rail Station on Congress Avenue that has the remains of an old abandoned backstop and what appears to have been a walking trail, the City Manager stated this is part of the property the County purchased for the Administrative Complex. This property is not under the jurisdiction of the County Parks and Recreation, but has been made available to the consultant working on the master plan so they can review it and consider it in their planning. With regard to Ms. Alford's previous comments regarding the protected left turn signal for N.W. 12th Avenue and Atlantic Avenue, the City Manager stated the City requested Florida Department of Transportation (FDOT) to consider installing a protected left turn signal at this intersection in May 1997, October 1999, and March 2001. In 1997, the City Manager stated the City also requested that N.W. l0th Avenue and N.W. 8th Avenue as well as N.W. 12th Avenue. The City's requests were denied both in 1997 and 1999 based on FDOT warrant studies and we have not received any official response to the March 7, 2001 request. The City Manager stated the City will follow up and try to do the things Ms. Alford suggested as far as seeing if we can have a City staff person there when FDOT is doing some of their counts. In response to a previous comment from Mr. Bums regarding the sidewalk Caf6s in the downtown area, the City Manager stated all restaurants are required to have their outside dining areas approved by the City annually. The City Manager stated the City started installing markers in the brick sidewalk that delineates the approved area. Code Enforcement staff can easily address non-compliance matters during a regular business day. Most of the problems encountered are encroachment in the required five-foot clear pedestrian walkway. The markers were installed to make it easier for police to respond to citizen complaints during the evenings and weekends. The Code Enforcement Division has implemented a random evening and weekend inspection strategy as of May 1st to address this problem and the City is enforcing a zero tolerance policy during these inspections. This past week the City staff removed tables, chairs, and planters from the Cheeburger Cheeburger Restaurant after the owner refused to cooperate. Additionally, staff is addressing problems associated with temporary sandwich signs as well as the owners' responsibility to clean up the sidewalk. Most restaurant owners will comply at the time of a visit made by Code Enforcement staff. However, there are a few owners that choose to ignoring the rules and these are being worked on. On a more personal note, the City Manager announced that his youngest son is in Katmandu and stated he is learning more about Nepal politics then he ever cared to know. The City Manager stated his son is expected to return home next Wednesday. 13.B. Ci.ty Attorney. The City Attorney had no comments and inquiries on non-agenda items. -23- 06/05/01 13.C. 13.C.1. CiW Commission. Commissioner Archer Mrs. Archer announced that after the Commission Meeting of June 19th, she will be leaving for vacation and will not return until July 8th. 13.C.2. Commissioner Perlman Mr. Pedman stated the Downtown Charrette Steering Committee held a meeting last evening regarding the MacArthur Grant process and the consensus was the Steering Committee would continue on and drive the process. Mr. Perlman suggested moving quickly on design guidelines and codes so that we do not loose any parcels and at the same time keep the spirit of the Charrette alive. Mr. Perlman commented that he is pleased to see that Spady Elementary School is an "A" school and feels this is a tremendous achievement. In addition, Mr. Perlman stated most of the schools in Delray did very well in the FCAT. With regard to the vendors selling fruit along Lake Ida Road (west of Congress Avenue on the north side), Mr. Perlman stated one day while driving he witnessed someone in a car who veered off the road and cut-off everyone in order to get to a watermelon stand. He emphasized that this could be a hazard for people driving in this area. 13.C.3. Commissioner Levinson Mr. Levinson stated he was intrigued with the memo regarding the bus shelters and asked if the City is planning to do anything with the $1,000,000 that is available in the pot? Mr. Perlman stated he and Diane Dominguez, CRA Director, went to a meeting last week and people from Palm Tran were there and they are willing to work with cities on ad free bus shelters. Mr. Levinson inquired about the status of the Police Chief's situation and asked about any process that the City Manager intends to utilize with regard to selections? In response, the City Manager stated he has discussed the position with all the Captains and needs to discuss this with Major Schroeder. With regard to the airport meeting, Mr. Levinson asked if Mr. Schwartz reported back any information? In response, Mayor Schmidt stated he did hear back from Mr. Schwartz and it is an ad hoc group they would like the City to join to lend support. Mayor Schmidt stated the focus of that meeting was the appointments that the City Commission was going to make to the airport authority and did not really get into noise issue or the Part 150 Study. Mr. Levinson commented that he is still getting calls regarding this issue and it appears that Tropic Isle seems to directly in the flight path. -24- 06/05/01 With regard to the Boards and maybe getting input from staff, Mr. Levinson asked if there is anything the Commission should be reviewing in regards to the frequency, time of day, or scope of work? The City Manager stated there is nothing for the Commission to review yet. July 15th. Mr. Levinson announced that he would be out of town from June 22na through 13.C.4. Commissioner McCarthy With regard to Mr. Levinson's comments, Ms. McCarthy asked if the applications are completed so that the City can take advantage of the opportunity of the $1,000,000 that is available? In response, the City Manager stated the City had identified where there is a need for bus shelters and will make every attempt to go after the money. 13.C.5. Mayor Schmidt Mayor Schmidt announced that he would not be attending the Workshop Meeting next week because he will be in Japan and stated he is looking forward to the trip. Secondly, Mayor Schmidt stated June 25, 2001 is Delray Beach night at the Florida Marlins stadium. He announced there will be a bus going down to the game with the cost being $15.00 per person and if anyone is interested in attending then they must inform the Parks and Recreation Department. at 8:00 p.m. There being no further business, Mayor Schmidt declared the meeting adjourned Acting City Clerk ATTEST: MAYOR The undersigned is the Acting 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 June 5, 2001, which minutes were formally approved and adopted by the City Commission on -25- 06/05/01 Acting 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. -26- 06/05/01 PROD Progrcssivc Residents of Dclray P.O. Box x3ox DclrayBcach, FL 33~.~.7 June 5, 2001 TO THE MAYOR AND COMMISSIONERS OF DELRAY BEACH: In the near future, the terms of several CRA Commissioners will expire. Given that the CRA is now emphasizing the prioriW of action in an area that has seen little redevelopment activity until now, PROD feels that it is appropriate and desirable to re-examine the policy of automatically reappointing incumbent CRA Commissioners to second four-year terms. This policy allows an individual to continue on the CRA even beyond the period of service of the City Commissioner who appointed him or her and who has twice won reelection. A single four-year term is already the equivalent of two full terms on most of the City's other Boards and exceeds the term of service on all except two or three other City Boards. To recommend henceforth limiting CRA Commissioners lo a single four-year term, is in no way to suggest that the performance of our present Commissioners has been anything less than praiseworthy. Indeed, we are mindful of the many valuable contributions made by incumbent Commissioners. Nonetheless, as we move into a new phase of redeveloping the City, we should make room for new ideas and new faces. The process will certainly operate more smoothly if future appointments to the CRA provide greater representation of the populace most directly affected by the redevelopment efforts, although that should not be the sole source of appointments. ~R,Y 10~ 2001 A Regular Meeting of the City Commission of the City of De[ray Beach, Florida, was called to order by Mayor David Schmidt in the Commission Chambers at City Hall at 6:00 p.m., Tuesday, July 10, 2001. 1. Roll call showed: Present- Commissioner Patricia Archer Commissioner Alberta McCarthy Commissioner Jeff Perlman Mayor David Schmidt Absent - Commissioner Jon Levinson Also present were - City Manager David T. Harden and City Attorney Susan A. Ruby 2_. Reverend Matthew "Bump" Mitchell with Christ delivered the opening prayer. Missionary Baptist Church 0 The Pledge of Allegiance to the flag of the United States of America was given. AGENDA APPROVAL. Mayor Schmidt noted the modification to the funding code for Item 8.L., Service Authorization #99-03/Lawson~ Noble & Webb/SW Area #3, and the amendment to Item 9.D., Resolution No. 45-01. The City Attorney requested that Item 14.A., Disposition of the case of the City of Delra¥ Beach v. the Department of Agriculture and Consumer Services be added to the agenda in the event the City would need to take any action. Mrs. Archer McCarthy moved to approve the Agenda as amended, seconded by Mr. Perlman. Upon roll call the Commission voted as follows: Mr. Perlman - Yes; Mrs. Archer - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes. Said motion passed with a 4 to 0 vote. APPROVAL OF MINUTES: Ms. McCarthy moved to approve the Minutes of the Regular Meeting of May 15, 2001, seconded by Mr. Perlman. Upon roll call the Commission voted as follows: Mrs. Archer - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes. Said motion passed with a 4 to 0 vote. Mr. Perlman moved to approve the Minutes of the Regular Meeting of June 5, 2001, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Ms. 07/10/01 McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes. Said motion passed with a 4 to 0 vote. 6~ PROCLAMATIONS: 6.A. Commendine the Delray Beach Youth Basketball Teams (Junior~ Intermediate and Senior) Mayor Schmidt read and presented a proclamation proclaiming the Delray Beach Youth Basketball to be "Champions among Champions and Ambassadors of Good Will and Sportsmanship for the City of Delray Beach, Florida." Mrs. Williams came forward to accept the proclamation and thanked the children. Roger Ribeiro, Parks and Recreation Superintendent introduced Mr. Tom Maloney, Athletics Supervisor and Mr. and Mrs. Williams. Mr. Ribeiro stated Mr. and Mrs. Williams have put their heart and soul into the children of Delray Beach and feels the City is truly blessed to have devoted residents of this community who spend time with the children to advance them in the athletic and academic endeavors. Mrs. Williams thanked the City, introduced the coaching team staff, and thanked all the dedicated parents for their participation. Mrs. Williams stated she is very proud of the girls teams and feels fortunate that the teams represent the All America City. PRESENTATIONS: 7.Bo All America City Presentation Jay Alperin, Co-Chair of the All America City Committee, announced the City of Delray Beach was one of the ten finalists to win the All America City Award and introduced Chuck Ridley, also Co-Chair for the All America City Committee. At this point, Mr. Alperin presented Mayor Schmidt with a plaque of the All America City Award recognition and a photograph of the entire delegation. Secondly, Mr. Alperin presented Bill Wood, Director of the Chamber of Commerce, with a certificate. Also, Mr. Alperin introduced Joe Gillie, Director of Old School Square. Joe Gillie, Director of Old School Square, displayed the "Patchwork of Pride" quilt and explained the idea behind this quilt emerged fi.om a standpoint that when you think of a quilt you think of the many layers of the community and the many pieces that come together to create this giant oneness. He stated the "Patchwork of Pride" represents programs such as the Enrichment Program, the Village Academy, and the Community Helping Neighbors. Mr. Gillie stated the trip to Atlanta was expensive and thanked a lot of the businesses who came forward to help make this happen with their pledges before the City even was accepted as a finalist. Mr. -2- 07/10/01 Gillie stated the community raised over $30,000 in order for the delegation to attend the All America City presentation in Atlanta. Mr. Gillie thanked Kevin for his help with the coordination of putting the quilt together. The quilt is displayed here at City Hall and will then be moved and displayed throughout the community. Mr. Gillie urged everyone to continue to support the Enrichment Program, the Village Academy, and the Community Helping Neighbors and stated he is so proud to represent the community and thanked the Commission for all their support. Lula Butler, Director of Community Improvement, thanked the City Manager and the Commission for allowing her the oppommity to do this and for all their support. Ms. Butler introduced the Steering Committee and thanked them for all their hard work. At this point, Mr. Gillie presented a ten-minute video of the All America City presentation. Mayor Schmidt distributed photos to Joe Gillie, Jay Alperin, Chuck Ridley, Bill Wood, and Marjorie Fen'er. 7oA. Honoring Court ,t3' Commissioner Addie Green On behalf of the City of Delray Beach, Mayor Schmidt presented the newest County Commissioner Addie Green with a "Key to the City" and welcomed her to her new office in Delray Beach. Mayor Schmidt stated Ms. Green is very committed to working with all the cities within her district and helping as much as she can. He feels this is a very positive attitude for a County Commissioner to have and thanked her for her commitment. On behalf of County Commissioner Mary McCarty and County Commissioner Addie Green, Ms. Green in retum presented a proclamation to the City of Delray Beach for winning the All America City Award. CONSENT AGENDA: City Manager Recommends Approval. 8.A. INITIATION OF COMPREHENSIVE PLAN AMENDMENT 2001-02: Formally initiate Comprehensive Plan Amendment 2001-2 pursuant to Section 9.2.1 of the Land Development Regulations. 8.B. ACCEPTANCE OF UTILITY EASEMENTS/FOXE CHASE: Approve and accept a utility easement fi.om Marlo Shlesinger and fi.om Michael and Michelle Kaufman, (Foxe Chase Lot 15 and Lot 16), for the installation of an 8" water main from the Hammock Reserve Project to Bridlewood Circle within the Foxe Chase Development. 8oCo ACCEPTANCE OF UTILITY EASEMENT/SPANISH WELLS CONDOMINIUM ASSOCIATION: Approve and accept a utility easement deed fi.om Spanish -3- 07/10/01 Wells Condominium Association for the extension of a sanitary sewer main located in the Spanish Wells Subdivision to the new Valencia Court Development. 8.D. FINAL PLATNALENCIA COURT: Approve a final subdivision plat for Valencia Court, a proposed 6 lot subdivision, located on the north side of Old Germantown Road, east of the Spanish Wells Subdivision. 8.E. FINAL PLAT/RECTORY PARK: Approve the boundary plat for Rectory Park located on the southwest comer of the intersection of Atlantic Avenue and Swinton Avenue. 8.F. FINAL PLAT/FIDELITY FEDERAL BANK: Approve the final plat for the Fidelity Federal Bank located south of SE 1st Street between the Federal Highway pairs. 8.G. FINAL PLAT/WATERFORD PARK: Approve the final plat for Waterford Park located south of the intersection of Lindell Boulevard and SW l0th Avenue. 8.H. CONSENT TO SUBLEASE/MONTEREY HOUSE: Approve the Consent to Sublease for property known as the Monterey House between the Florida Department of' State's Division of Historical Resources (FDSHR) and the Delray Beach Historical Society (DBHS) for a one (1) year term ending August 1, 2002. 8.I. POLICE SUBSTATION LEASE AGREEMENT/MDN LAKE IDA~ INC: Approve thc lease agreement between MDN Lake Ida, Inc. and the City of Delray Beach for a Police Substation located at 600 North Congress Avenue, Unit #420, for a term ending December 31, 2001. 8.Jo FUNDING AGREEMENT WITH PALM BEACH COUNTY/JP MORGAN TENNIS CHALLENGE: Approve an agreement between the City of Delray Beach and Palm Beach County for funding in the amount of $25,000 to help offset the City's costs associated with the JP Morgan Chase Tennis Challenge Event. SECOND AMENDMENT/PALM BEACH COUNTY/WEED AND SEED PROGRAM: Approve the Second Amendment to the Interlocal Agreement between the City of Delray Beach and Palm Beach County for the Weed and Seed Program, extending the City's services as fiscal agent through September 30, 2002. 8.L. SERVICE AUTHORIZATION # 99-03/LAWSON~ NOBLE & WEBB/SW AREA #3: Approve Service Authorization #99-03 in the amount of $66,677.26 with Lawson, Noble & Webb for improvement in the SW Area III and NW 13th & NW 14th Avenue. Funding fi.om 370-3162-541-65.59 (SW Area IH/NW 13th& 14th Avenue). 8.Mo REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Land Development Boards for the period June 18, 2001 through July 6, 2001. OWIO~I ~ 8.N. AWARD OF BIDS AND CONTRACTS: Bid award to multiple vendors for the purchase of chemicals and fertilizers, via the City of Delray Beach Co-op Bid #2001-25 at an estimated annual cost of $183,000. Funding in the estimated annual cost of $69,000 fi.om Parks and Recreation Operating Budget and in the estimated annual cost of $114,000 from the Delray Beach. m Municipal Golf Course and Lakeview Golf Course operating budgets. Approve the contract renewal with Office Depot via the Florida Atlantic University Agreement #OP A80 for the purchase and delivery of office supplies for an estimated annual cost of $126,350. Funding fi.om various departments operating budget. Mr. Perlman moved to approve the Consent Agenda as modified, seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes; Ms. McCarthy - Yes. Said motion passed with a 4 to 0 vote. At this point, the Commission moved to Item 9.C. of the Regular Agenda. REGULAR AGENDA: 9.C. RATIFICATION OF COLLECTIVE BARGAINING AGREEMENT & MEMORANDUM OF UNDERSTANDING/POLICE BENEVOLENT ASSOCIATION: Ratify and approve the Collective Bargaining Agreement and Memorandum of Understanding between the City and the Police Benevolent Association (Police Officers and Sergeants) for the three year period October 1, 2001 through September 30, 2004. At this point, Ms. McCarthy left the dais. Mr. Perlman moved to approve the ratification of the Collective Bargaining Agreement & Memorandum of Understanding between the City and the Police Benevolent Association for the three year period October 1, 2001 through September 30, 2004, seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Mr. Perlman - Yes; Mrs. Archer - Yes; Mayor Schmidt - Yes. Said motion passed with a 3 to 0 vote. 9.D. RESOLUTION NO. 45-01: Consider approval of Resolution No. 45-01 which supports Amtrak passenger rail service between Jacksonville and Miami along the East Coast of Florida. The City Manager presented Resolution No. 45-01: A RESOLUTION OF THE CITY COMMISSION OF THE CITY -5- 07/10/01 OF DELRAY BEACH, FLORIDA, SUPPORTING THE ESTABLISHMENT OF AMTRAK PASSENGER RAIL SERVICE BETWEEN JACKSONVILLE AND MIAMI ALONG THE EAST COAST OF FLORIDA; AND AN EFFECTIVE DATE. (The official copy of Resolution No. 45-01 is on file in the City Clerk's office.) The City Manager explained the present plan is you would have to change trains in West Palm Beach. He stated there would be no stops on the FEC Railroad between West Palm Beach and Miami. At this point, Ms. McCarthy returned to the dais. Ms. McCarthy moved to approve Resolution No. 45-01 as amended, seconded by Mr. Perlman. Upon roll call the Commission voted as follows: Mrs. Archer - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes. Said motion passed with a 4 to 0 vote. 9.E. DESIGNATION OF VOTING DELEGATE/FLORIDA LEAGUE OF CITIES ANNUAL CONFERENCE: Designate voting delegate to the Florida League of Cities' 75th Annual Conference to be held at the Wyndham Palace Hotel & Spa, Lake Buena Vista on August 23-25, 2001. Mr. Perlman moved to designate Mayor Schmidt as a voting delegate to the Florida League of Cities' 75th Annual Conference to be held at the Wyndham Palace Hotel & Spa on August 23-25, 2001, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes. Said motion passed with a 4 to 0 vote. 9.F. PROPOSAL FOR SETTLEMENT ALWANI v. CITY: Consider a proposal for settlement in the Alwani v. City of Delray Beach case. The City Attorney is recommending filing this proposal for settlement in the amount of $45,000 fi.om an incident which occurred between an automobile and a City fire truck. Mr. Perlman moved to approve the settlement, seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Mayor Schmidt - Yes; Mr. Peflman - Yes; Mrs. Archer - Yes; Ms. McCarthy - Yes. Said motion passed with a 4 to 0 vote. At this point, the time being 7:00 p.m., the Commission moved to the duly advertised Public Heatings portion of the agenda. 10. PUBLIC HEARINGS: -6- 07/10/01 10.A. ORDINANCE NO. 37-01 (SECOND READING/SECOND PUBLIC HEARING: An ordinance amending Land Development Regulations, Section 4.4.13 Regarding the Parking Requirements in the CBD zone district to accommodate required parking utilizing valet or tandem parking, and Section 4.6.9 establishing design standards and regulations for valet and tandem parking arrangements. Prior to consideration of passage of this ordinance on Second and FINAL Reading, a public hearing has been scheduled to be held at this time. The City Manager presented Ordinance 37-01: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SECTION 4.4.13, "CENTRAL BUSINESS (CBD) DISTRICT, SUBSECTION 4.4.13(D), "CONDITIONAL USES AND STRUCTURES ALLOWED", TO PROVIDE THAT REQUIRED PARKING FOR CERTAIN USES MAY BE PROVIDED AS VALET PARKING, SUBJECT TO CONDITIONS AND SUBJECT TO CONDITIONAL USE APPROVAL; AMENDING SUBSECTION 4.4.13(G)(1)(e), "SUPPLEMENTAL DISTRICT REGULATIONS", AMENDING SECTION 4.6.9, "OFF-STREET PARKING REGULATIONS", SUBSECTION 4.6.9(C)(2)(c), "MULTIPLE FAMILY STRUCTURES", TO PROVIDE THAT PARKING MAY BE PROVIDED IN FRONT OF GARAGE UNITS WITHIN TOWNHOUSE AND TOWNHOUSE-TYPE DEVELOPMENTS, SUBJECT TO CONDITIONS; AMENDING SUBSECTION 4.6.9(F), "SPECIAL PROVISIONS", BY ENACTING A NEW SUBPARAGRAPH 4.6.9(F)(3) TO ESTABLISH DESIGN STANDARDS AND REGULATIONS FOR VALET AND TANDEM PARKING ARRANGEMENTS; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 37-01 is on file in the City Clerk's office.) The City Attomey read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. Mayor Schmidt declared the public hearing open. There being no one from the public who wished to address the Commission on this issue, the public hearing was closed. -7- 07/10/01 Mr. Perlman moved to adopt Ordinance No. 37-01 on Second Reading/Second Public Hearing, seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Mr. Perlman - Yes; Mrs. Archer - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes. Said motion passed with a 4 to 0 vote. 10.B. PUBLIC HEARING/BLOCK 28 AND BLOCK 36 (ATLANTIC GROVE): A Public Heating regarding the following actions relating to the proposed 4.6 acre mixed-use project located on Blocks 28 and 36 (Atlantic Grove), on the north side of West Atlantic Avenue, between NW 3rd and NW 5th Avenues: 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. Authorize the submittal of a $1.5 million Section 108 Loan Guarantee application to assist with the development of the 4.6 acre mixed use project (continued fi.om the June 19, 2001 Commission Meeting). (It has been requested that this item be continued to a date certain of July 24, 2001.) Mrs. Archer moved to approve to continue the public heating to a date certain of July 24, 2001, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mrs. Archer - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes. Said motion passed with a 4 to 0 vote. At this point, the Commission moved to Item 11, Comments and Inquiries on Non-Agenda Items from the Public-Immediately Following Public Hearings. 11. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS FROM THE PUBLIC-IMMEDIATELY FOLLOWING PUBLIC HEARINGS. ll.A. Ci .i3' Manager's response to prior public comments and inquiries. With regard to roadside vendors on Lake Ida Road, the City Manager stated Code i~nforcement officers have been checking the area on Saturdays. Also, Captain Gillard who is in charge of this district was alerted to the situation so the police patrol in that area could also be on the look out. The City Manager emphasized that roadside vendors are not allowed. With regard to the bus shelters, the City Manager stated the Metropolitan Planning Organization (MPO) has not yet released the applications. The City Manager explained they are awaiting the award of the Palm Tran bus shelter contract that will include a standardized design for shelters without advertising. This design can then be used by cities that do not want to create their own unique design. The City Manager stated the process will continue to be monitored and as soon as the applications are available the City will be filing them. ll.B. From the Public. -8- 07/10/01 11.B.1. Alice Finsh 707 Place Tavant, stated on behalf of the Homeowners' League of Chatelaine, she would like to extend compliments to the Code Enforcement officers. She recognized Tom Meteer and Susan Passero for doing an excellent job with the neighborhood. Secondly, Ms. Finst extended her appreciation to Jay Jambeck, Assistant City Attorney, in his efforts on behalf of the Homeowners' League of Chatelaine before Judge Wilkie Ferguson. Ms. Finst stated she hopes the City keeps hanging in there regarding Citrus Canker and stated it is a shame that 700 trees are being cut down in Delray Shores because we cannot seem to get our public rights established. She urged the Commission to continue supporting Mr. Jambeck in his efforts on behalf of the Homeowners' League of Chatelaine. Regarding the scheduling of events in Delray Beach, Ms. Finst stated on Thursday, June 28th there were numerous events scheduled that were all very important. Ms. Finst explained on June 28th there was Jazz on the Avenue, the Parks and Recreation Citizen Hearing at West Park Baptist Church, the CDBG Grant at Pompey Park Recreation Center, and the Charter Revision Committee at City Hall. Ms. Finst feels if someone wanted to be an informed citizen on June 28th they would have had a very difficult time running between these different locations. Ms. Finst stated it appears that the Historic Preservation Board (HPB) and the Site Plan Review and Appearance Board (SPRAB) are meeting at the same time on Wednesdays and suggested that the Commission stagger the meetings to alternate Wednesdays. Ms. Finst stated tomorrow evening HPB and SPRAB are meeting at City Hall and the Parks and Recreation study is being reviewed at the library. She suggested that staff come up with a calendar so that these important meetings can be scheduled and people can attend. Ms. Finst encouraged everyone to attend the SPRAB Board meeting tomorrow evening where the Vista Del Mar Hotel will be discussed. To construct this building as its been proposed with a 30 foot deep basement next to a zero lot line building, Ms. Finst inquired as to how this entire block is going to remain standing with the construction that is proposed for this area. Ms. Finst suggested that the public address system be fixed because she cannot hear the conversation coming fi.om the dais. Lastly, Ms. Finst stated she has not seen anything posted about when the Budget Hearings are scheduled and her neighborhood has had no opportunity to put anything into the budget and would like to know when they will have the opportunity to do this. ll.B.2. John Benneth speakine on behalf of Progressive Residents of Delray (PROD), stated there have been reports in the newspaper about the affect of school concurrency since the builders out west are trying to claim all the money for schools. Mr. Bennett stated he is -9- 07/10/01 sure this is in good hands but would like to be reassured that we are looking after these schools particularly those in Delray Beach. Secondly, with regard to the budget, Mr. Bennett inquired about the City's pension situation. Lastly, Mr. Bennett stated he is concerned with the effort to wind up the Charter Revision Committee meetings so quickly when not much has been done in the aspect of making it readable. He feels there has been little effort to make it readable other than one or two phrases that have been pointed out as being particularly awkward. Mr. Bennett stated the original schedule called for meetings through November 1st and feels there is plenty of material to be addressed in the Charter. 11.B.3. Louis Martinez~ 506 Southridlle Road, thanked the Commission for speeding up the construction for paving the roads in the Southwest area. However, Mr. Martinez stated there is still problems with the lots located next to his property that needs to be cut. He has notified the Code Enforcement division regarding the overgrown grass. Secondly, Mr. Martinez expressed concern about there not being proper lighting in his neighborhood and inquired about what procedure he should follow in order to get a light installed on an existing pole? Mr. Martinez stated he contact FPL and they informed him the City is responsible for putting in a new light. The City Manager stated he would have Mr. Barcinski, Assistant City Manager, look into this matter and then get back in touch with Mr. Martinez. Mayor Schmidt asked where the light pole is exactly located. Mr. Martinez stated the light pole is located between his house and two empty lots. Mr. Martinez reiterated that this area is much too dark and more street lighting is needed is this area. 11.B.4. Santalicio Martinez~ 506 Southridge Road, echoed comments expressed by his son. In addition, he pointed out that people drive too fast in this area and a sign should be posted to inform people to slow down. 11.B.5. Jim Smith~ 1225 S. Ocean Boulevard, stated he moved to Delray approximately eleven months ago and expressed the following concerns. One, Mr. Smith encouraged the Commission to keep up the good things they are doing throughout the City. He stated when he and his wife first moved to Delray they had certain expectations about what living here would be like and alter being here for eleven months it has exceeded his expectations. Secondly, Mr. Smith asked the Commission to consider removing the graffiti on the sidewalk on Ocean Boulevard along the public beach (specifically meter #119). Mr. Smith stated he is not only concerned about the graffiti but is concerned that there appears to be no procedure for spotting this graffiti. Mr. Smith suggested that the City consider making a proclamation that the area on Ocean Boulevard becomes the "graffiti free zone". In addition, he -10- 0'7/10/01 suggested that the volunteers in the Police department (Citizens Observer Patrol) perhaps add to their job description to check the sidewalk each day and insure the graffiti is cleaned up the next day. Mr. Smith expressed concern over the "S" shaped curve where the Seagate Beach Club is located and feels this area is very dangerous. Mr. Smith stated people who are crossing from the west side of the street over to the east side of the street where the asphalt runs out have to step onto the City sidewalk. They do not cross at the traffic light but instead cross where the valet parking is for the beach club. Mr. Smith stated other areas along A-1-A where there is an "S" shape curve are clearly marked with traffic signs that read "slow" or "15 MPH". He feels a sign indicating "15 MPH" should be erected near the beach club because this area is a safety hazard. Mayor Schmidt stated the Engineering staffwould look into this matter. 11.B.6. Helene "Cookie" Miller~ 2220 S. Ocean Boulevard #504, stated she joined the Chamber of Commerce and volunteers approximately 10 hours per week. Ms. Miller stated Palm Beach County just completed roadwork a few months ago on Federal Highway and Linton Boulevard. However, Ms. Miller stated there is no street sign at the intersection that designates it is Linton Boulevard or Federal Highway. Ms. Miller respectfully urged the Commission to contact the County and ask them to erect a sign as soon as possible so our visitors as well as the citizens do not get lost. ll.B.7. Barry. Silveh Attorney representing Delray Shores for Citrus Canker, thanked thc City of Delray for getting involved in the litigation to try and protect the citrus trees. Mr. Silver thanked the City for "going out on a limb" in order to protect these citrus trees and especially thanked the City Attorney and Jay Jambeck for their efforts and hard work. Lastly, Mr. Silver congratulated the City for being one of the ten finalists and winning the All America City Award. At this point, the time being 7:25 p.m., the Commission moved back to Item 9.A. of the Regular Agenda. 9.A. APPEAL OF SITE PLAN REVIEW AND APPEARANCE BOARD ACTION: Consider an appeal of the Site Plan Review and Appearance Board's action to deny a sidewalk waiver associated with a Class II Site Plan Modification for Ocean Hammock. Quasi- Judicial Hearing At this point, Mayor Schmidt asked the Commission to disclose any ex parte contacts. No ex parte contacts were noted. The City Attorney stated all involved p~h'ties would conduct this item as a quasi- judicial hearing, which allows for presentations, the admission of documents into the record and public testimony. -11- 07/10/01 Barbara Garito, Acting City Clerk, swore in those individuals who wished to give testimony on this item. Jeff Costello, Principal Planner, entered into the record the Planning and Zoning Department project file #2001-174. The subject property is located on the southwest comer of Pelican Lane and Ocean Boulevard. The Site Plan Review and Appearance Board (SPRAB) approved a site plan for Ocean Hammock Townhomes on September 27, 2000. The project, which is currently under construction, includes 10 townhomes which front on and take access from Pelican Lane. Pelican Lane has a 40 foot fight-of-way, of which the north 10 feet is located within the Town of Gulf Stream and the south 30 feet, is located within the City of Delray Beach. Following the site plan approval for Ocean Hammock, the plans for reconstruction of Pelican Lane were modified to shift the pavement to the south so that the entire paved surface would be located with the City of Delray Beach. The waiver was denied by SPRAB on June 20, 2001. The applicant is now seeking an appeal to the SPRAB action. Staff presented the item to the Board and recommended denial since there are two additional alternatives to providing the sidewalk immediately adjacent to the curb and gutter, beyond eliminating the sidewalk. The first is to relocate the sidewalk to the north side of the street within the Town of Gulf Stream. The second alternative is for the applicant to provide an easement along the north side of the development, adjacent to Pelican Lane to allow the sidewalk to be located 5feet behind the curb and gutter. Staff's recommendation is to uphold the decision by the Site Plan Review and Appearance Board and deny the request for the sidewalk waiver, based upon a failure to make positive findings with respect to LDR Section 2.4.7(B)(5). Cary Glickstein~ President of Ironwood Properties~ stated he is not objecting to the sidewalk because it was in the original plan. However, Mr. Glickstein stated the problem now is they have compressed the area within which to do a lot of the things required for these homes. Mr. Glickstein stated the sidewalk is not good for this development. There is a very steep grade change on the property, which has been alleviated to some degree in connection with improving the drainage improvements on that entire road. In an effort to create a safety area, he stated in his view what is actually being created is a relatively unsafe condition with quite a bit of up and down undulation in a relatively short area. Mr. Glickstein reiterated that in trying to alleviate safety concerns in a general sense, sidewalks are good. However, Mr. Glickstein stated they are creating some site specific problems which warrant the waiver request. Furthermore, Mr. Glickstein stated the people that have purchased in this community do not want the sidewalks. There being no one else who, having been duly swom, wished to address the -12- 07/10/01 Commission on this issue, the public hearing was closed. Mayor Schmidt stated that he noticed on the site plan the right-of-way for Pelican Lane is only 40 feet and asked if there was any reduction granted for that? In response, Mr. Costello stated for existing streets during the site plan review process the Development Services Management Group has the authority to reduce the right-of-way width. Typically, Mr. Costello stated 60 feet would be required but due to the fact that they were going to be able to deal with the reconstruction of Pelican Lane and put the sidewalk only on one side there was no reason for additional dedication. As noted by Mr. Glickstein, Mr. Costello stated through the reconstruction process there were changes made and this is the reason for the 5 foot sidewalk easement which prevented having to move the buildings back. Mr. Glickstein noted that there has never been a sidewalk on Pelican Lane prior to the reconstruction. In checking with the Police Department, other than periodic flooding on that street, there has never been a traffic incident involving a pedestrian. Mayor Schmidt expressed concern over the reduced right-of-way on that street and stated he would have to support the recommendation by the Site Plan Review and Appearance Board to deny the waiver. Mrs. Archer agrees with Mayor Schmidt and expressed concern over the reduced 5-foot right-of-way. She feels the fact that there will be homeowners' on this street will induce more traffic to the street not only from the homeowners' but also from people cutting through. Therefore, Mrs. Archer stated she supports the sidewalk as well. Mr. Glickstein stated that in all areas you get into a safety esthetic issue and stated the entire Barrier Island has no sidewalks. Mr. Glickstein stated the 30-unit hotel that was previously there generated far more traffic then this will ever generate given that the people who bought there none of them do not live here year round. Mrs. Archer moved to deny the request for the sidewalk waiver, based upon a failure to make positive findings with respect to LDR Section 2.4.7(B)(5), seconded by Mr. Perlman. Upon roll call the Commission voted as follows: Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes. Said motion to deny passed with a 4 to 0 vote, upholding SPRAB's decision. 9.B. CONDITIONAL USE REQUEST: Consider a conditional use request to allow the establishment of an assisted living facility for Mil-Atlantic, located on the west side of Military Trail approximately 650 feet south of West Atlantic Avenue. Quasi-Judicial Hearing Mayor Schmidt asked the Commission to disclose any ex parte contacts. No ex parte contacts were noted. The City Attorney stated all involved parties would conduct this item as a quasi- -13- 07/10/01 judicial hearing, which allows for presentations, the admission of documents into the record and public testimony. Barbara Garito, Acting City Clerk, swore in those individuals who wished to give testimony on this item. Jeff Costello, Principal Planner, entered into the record the Planning and Zoning Department project file #2001-167. Mr. Costello explained that this is a Conditional Use request to establish an Assisted Living Facility (ALF), Independent Living Facility (ILF), and Adult Day Care for a project known as Mil-Atlantic. The City Commission on January 5, 1999 previously approved this development, with an approval period of eighteen (18) months. The facility was not constructed and a timely extension request was not submitted and the approval has expired. At its meeting of June 18, 2001, the Planning and Zoning Board held a public hearing in conjunction with review of the request. No one from the public spoke on the item. The Board voted 4-0 to recommend that the Conditional Use request to establish an ALF/ILF, and Adult Day Care for Mil-Atlantic be approved, based upon positive findings with respect to Chapter 3 (Performance Standards) and Section 2.4.5(E)(5) of the Land Development Regulations, and policies of the Comprehensive Plan subject to the following revised conditions of approval: That the ALF/ILF be limited to 230 units (310 beds), and the Adult Day Care to fifteen (15) patients; That a full site plan application be processed pursuant to Section 2.4.5 of the Land Development Regulations and that it be in general conformance with the sketch plan; That a 30' wide road easement be provided parallel to the north property line, which does not contain any back-out parking; and, e That a wall be provided along the south and west property lines where it abuts the single-family subdivisions, unless an alternative is suggested by the City Horticulturist with respect to saving the majority of the trees. Mr. Costello stated staff is recommending approval of the Conditional Use request to establish an ALF/ILF, and Adult Day Care for Mil-Atlantic based upon positive findings with respect to Chapter 3 (Performance Standards), Section 2.4.5(E)(5) of the Land Development Regulations, and the policies of the Comprehensive Plan subject to the conditions recommended by the Planning and Zoning Board. Phillip Perlman, managing oartner of the owner & developer of the property. -14- 07/10/01 Mil-Atlantic~ stated this property was approved as an Assisted Living Facility (ALF) previously. The financing slowed them down and therefore they ran out of time and thus this is why the applicant is reappearing before the Commission. Mr. Perlman stated this is a less intense use then what was previously approved. Furthermore, Mr. Perlman stated the open space is in excess of the code requirement, lot coverage is less than the code requirement, they exceed the parking requirements and setbacks, and there are no variances with regard to open space, landscaping, parking setbacks and the like. Mr. Perlman feels there is a great need for this facility and respectfully requests approval from the Commission. Mayor Schmidt asked if Mr. Perlman agrees with the four conditions as listed in the Planning and Zoning Staff Report? The applicant stated he agrees with the four conditions as listed. There being no one else who, having been duly sworn, wished to address the Commission on this issue, the public hearing was closed. Commissioner Perlman stated for the record that there is no relation between he and the applicant. He commented about this development proposal being approved in January 1999, and then there was 18 months that went by and the development was not constructed. Commissioner Perlman asked if this would actually be developed at this point? Mr. Phillip Perlman stated he is hopeful that this will move forward because of the financing conditions of the market. Ms. McCarthy stated she can vouch for the fact that financing for these types of facilities were a little stagnated and the government is being much more proactive in making things successful as far as being able to obtain these funds. Mr. Perlman moved to approve the Conditional Use request subject to the conditions recommended by the Planning and Zoning Board, seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes; Ms. McCarthy - Yes. Said motion passed with a 4 to 0 vote. 9oG. APPOINTMENT TO THE DOWNTOWN DEVELOPMENT AUTHORITY: Appoint one member to the Downtown Development Authority to fill an unexpired term ending July 1, 2002. The appointment will be made by Commissioner Perlman (Seat #1). Commissioner Perlman moved to appoint Richard McGloin as a member to the Downtown Development Authority to fill an unexplored term ending July 1, 2002, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mr. Perlman - Yes; Mrs. Archer - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes. Said motion passed with a 4 to 0 vote. 9.H. APPOINTMENTS TO THE NUISANCE ABATEMENT BOARD: Appoint the following members to the Nuisance Abatement Board; three (3) regular members with term -15- 07/10/01 ending March 31, 2003 and one (1) regular member with an unexpired term ending March 31, 2002. Also appoint two (2) alternate members with term ending March 2003. The regular member appointments will by made by Commissioner Levinson (Seat #3), Commissioner McCarthy (Seat #4), Mayor Schmidt (Seat #5), Commissioner Perlman (Seat #1), and the alternate members by Commissioner Archer (Seat #2) and Commissioner Levinson (Seat #3). Via a letter from Mr. Levinson he stated he wished to appoint Robert A. Gillespie as a regular member to the Nuisance Abatement Board to fill a vacancy with the term ending March 31, 2003. Mr. Perlman so moved, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mrs. Archer- Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes. Said motion passed with a 4 to 0 vote. Mrs. McCarthy moved to appoint Evelyn Dobson as a regular member to the Nuisance Abatement Board for a term ending March 31, 2003, seconded by Mr. Perlman. Upon roll call the Commission voted as follows: Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Peflman - Yes; Mrs. Archer - Yes. Said motion passed with a 4 to 0 vote. Mayor Schmidt stated he wished appoint Jose Ramirez as a regular member to the Nuisance Abatement Board for a term ending March 31, 2003. Ms. McCarthy so moved, seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Mayor Schrnidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes; Ms. McCarthy - Yes. Said motion passed with a 4 to 0 vote. Mr. Perlman moved to appoint Marilyn Alford to the Nuisance Abatement Board as a regular member for an unexpired term ending March 2002, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mr. Perlman - Yes; Mrs. Archer - Yes; Ms. McCarthy - Yes; Mayor Schmidt- Yes. Said motion passed with a 4 to 0 vote. Mrs. Archer moved to appoint John Miller, Jr. as an alternate member to the Nuisance Abatement Board as an alternate member with a term ending March 2003, seconded by Mr. Perlman. Upon roll call the Commission voted as follows: Mrs. Archer - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Peflman - Yes. Said motion passed with a 4 to 0 vote. Via letter, Mr. Levinson stated he wished to appoint Vera M. Scott as an alternate member to the Nuisance Abatement Board as an alternate member with a term ending March 2003. Mrs. Archer so moved, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes. Said motion passed with a 4 to 0 vote. FIRST READINGS: 12.A. ORDINANCE NO. 38-01: An ordinance rezoning fi.om RM (Medium Density Residential) to CF (Community Facilities) for the First Presbyterian Church and the abutting -16- 07/10/01 Fisler Property located on Gleason Street south of East Atlantic Avenue. If passed, a public hearing will be scheduled for July 24, 2001. Quasi-Judicial Hearing The City Manager presented Ordinance No. 38-01: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED RM (MULTIPLE FAMILY RESIDENTIAL-MEDIUM DENSITY) TO CF (COMMUNITY FACILITIES) ZONING DISTRICT, SAID LAND BEING A PARCEL OF LAND LOCATED SOUTH OF EAST ATLANTIC AVENUE AND EXTENDS WEST OF GLEASON STREET AND EAST OF BRONSON AVENUE AND CONTAINS 3.5 ACRES, AS MORE PARTICULARLY DESCRIBED HEREIN; AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, 2001"; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 38-01 is on file in the City Clerk's office.) The City Attorney stated all involved parties would conduct this item as a quasi- judicial heating, which allows for presentations, the admission of documents into the record and public testimony. Barbara Garito, Acting City Clerk, swore in those individuals who wished to give testimony on this item. Jeff Costello, Principal Planner, entered into the record the Planning and Zoning Department project file #2001-164. The First Presbyterian Church was originally founded in 1924 and was the first church to be built east of the Intracoastal Waterway. The original structure (which was designated to the Local Register of Historic Places by the City Commission on November 16, 1999) remained the Presbyterian sanctuary until their new church was constructed in 1977 at 33 Gleason Street, just to the west of the original building. After the construction of the new sanctuary, the original building became the congregation Fellowship Hall. At its meeting of May 15, 2001, the City Commission approved the abandonment of that portion of Bronson Avenue lying adjacent to the church. The vacated right-of-way has been incorporated within the church's campus. At its meeting of June 18, 2001, the Planning and Zoning Board held a public hearing in conjunction with the request. After reviewing the staff report and discussing the proposal, the Board voted 4-0 to recommend that the request be approved, based upon positive -17- 07/10/01 findings with respect to Chapter 3 (Performance Standards) and Section 2.4.5(D)(5) of the Land Development Regulations, and policies of the Comprehensive Plan. Staff is recommending approval on first reading of the ordinance for a zoning designation change from RM (Medium Density Residential) to CF (Community Facilities) based on positive findings with respect to Chapter 3 (Performance Standards), LDR Sections 2.4.5(D)(5), and policies of the Comprehensive Plan. There being no one who, having been duly sworn, wished to address the Commission on this issue, the public hearing was closed. Mr. Perlman moved to approve Ordinance No. 38-01 on FIRST Reading, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes; Ms. McCarthy - Yes. Said motion passed with a 4 to 0 vote. 13. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS. 13.A. CiW. Manager. The City Manager had no comments or inquiries on non-agenda items. 13.B. Ci,ty Attorney. The City Attorney stated she had a nice vacation. 13.C. 13.C.1. Ci~, Commission. Commissioner Archer Mrs. Archer stated she had a nice vacation and commented that the biggest highlight of her vacation was when she was in Atlanta watching the All America City Presentation. Mrs. Archer stated anyone who has ever said anything about not making the opportunity to present for the All America City Award has in her opinion never attended a presentation. She feels just the act of making the presentation (winning or not) is enough to encourage such pride in our City. Secondly, Mrs. Archer stated she is very proud of the Delray Beach Youth Basketball Team players and feels they did a wonderful job. She stated it is such a pleasure to see so many kids involved in the program and spending their time in a constructive manner by participating in sports. Mrs. Archer commented that she would very much like to see the bronze bust of Spencer Pompey placed at Old School Square since this is the center of our City. -18- 07/10/01 13.C.2. Commissioner Perlman Mr. Perlman echoed comments expressed by Commissioner Archer regarding the All America City presentation in Atlanta. Mr. Perlman stated it was an incredible experience to attend the presentation. With regard to whether or not we should always do these types of things and whether or not it is worth it, Mr. Perlman stated Nilsa McKinney described it best when she put into words "the worst thing that can happen is that you have a bonding experience". Mr. Perlman stated Delray Beach hit the heartstrings and feels very proud of our City. Mr. Perlman announced a local artist is going to be doing a bronze bust of Spencer Pompey and they are looking for a home for the bust. Mr. Perlman stated the work would begin next Monday and Tuesday and invited everyone to come and look at the project. Mr. Perlman commented that Spencer Pompey is a living legend and feels there could not be a more worthwhile person to sculpt. Furthermore, Mr. Perlman suggested that Pompey Park would be the most appropriate location for the bronze bust of Spencer Pompey. Mr. Perlman stated on Friday, July 13th, as a continuance of the MacArthur Grant there is a delegation of approximately six people who will be traveling to Kansas City to share experiences about this project and to learn more about connecting communities. Mr. Perlman stated there will be several other major foundations in attendance and is hoping to get additional contacts and additional grants. 13.C.3. Commissioner McCarthy Ms. McCarthy stated she was in attendance at the All America City Competition in Atlanta as well. Ms. McCarthy noted this is the first time she has ever attended in person and commented that it was an extremely emotional experience and well worth attending. In addition, Ms. McCarthy stated she is very proud of our City. Secondly, Ms. McCarthy stated she was in the Delray Shores neighborhood this weekend trying to prepare the citizens for what was going to begin at 8:00 a.m. on Monday morning. Ms. McCarthy stated the citizens want to thank the City for at least trying and not ignoring their concerns. With regard to the Kansas City trip on Friday, Ms. McCarthy reminded Mr. Perlman to keep in mind economic dollars for businesses. Ms. McCarthy stated she would like to see the bronze bust of Spencer Pompey located where it will be more visible because she feels he is a hero for the entire City. 13.C.5. Mayor Schmidt -19- 07/10/01 Mayor Schmidt stated other than winning, the bonding process that went on in Atlanta was the most enjoyable part of the presentation. Secondly, Mayor Schmidt stated he and Vice-Mayor McCarthy were at the Community Child Care Center today for a presentation and noted the center received a grant in the amount of $15,000 from the Publix Foundation for their visual arts center. From the way the Publix representative was embracing the kids, Mayor Schmidt stated he has a feeling there may be some additional money forthcoming from Publix. At this point, the time being 7:55 p.m., Mayor Schmidt adjourned the regular meeting to the closed attorney/client session. 14. CLOSED ATTORNEY/CLIENT SESSION pursuant to F.S.286.011(8) regarding the case of City of Delray Beach v. Florida Department of Agriculture and Consumer Services and Terry L. Rhodes, in her capacity as Commissioner of Florida Department of Agriculture and Consumer Service, Case No. CL 01-2707 AD. Attendees: Mayor David Schmidt Commissioner Patricia Archer Commissioner Alberta McCarthy Commissioner Jeff Perlman City Manager David T. Harden City Attomey Susan Ruby Assistant City Attorney Jay Jambeck A certified court reporter Purpose: The City has scheduled a closed attorney-client session pursuant to Florida Statutes 286.011(8) in the case of City of Delray Beach v. Florida Department of Agriculture, et al. The estimated length of the closed session shall be 20 minutes. Mayor Schmidt read the following statement for the record: "The City has scheduled a closed attorney-client session pursuant to Florida Statutes 286.011(8) in the case of City of Delray Beach v. Florida Department of Agriculture, et al. The estimated length of the closed session shall be 20 minutes. The following persons will be attending: Mayor David Schmidt, Commissioners Patricia Archer, Alberta McCarthy, Jeff Perlman and City Manager David Harden, City Attorney Susan Ruby, Assistant City Attorney Jay Jambeck, and a certified court reporter." At this point, the time being 8:15 p.m., Mayor Schmidt reconvened the regular meeting and announced that the closed session was terminated. 14.A. DISPOSITION OF THE CASE OF THE CITY OF DELRAY BEACH V. THE DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES -20- 07/10/01 Mr. Perlman moved to voluntarily dismiss the State case and proceed to challenge the rule in conjunction with others, seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Mr. Perlman - Yes; Mrs. Archer - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes. Said motion passed with a 4 to 0 vote. at 8:16 p.m. There being no further business, Mayor Schmidt declared the meeting adjourned Acting City Clerk ATTEST: MAYOR The undersigned is the Acting City Clerk of the City of Delray Beach, Florida, and the information provided herein is the minutes of the Regular City Commission Meeting of July 10, 2094, which minutes were formally approved and adopted by the City Commission on Acting 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. -21- 07/10/01 WHEREAS, the Delray Beach Youth Basketball Program is sponsored by the Delray Beach Parks and Recreation Department, and the players proudly represent the City of Delray Beach; and WHEREAS, three age division teams (Junior, Intermediate and Senior) advanced to the final round playoffgame in the League Championship; and WHEREAS, in the Junior Division (ages 7-9) the regular season champion was Magic I coached by Curtis Williams. The Junior Division Playoff Championship was played on April 7, 2001 at Pompey Park. Kiwanis won the PlayoffChampionship; and WHEREAS, in the Intermediate Division (ages 10-11) the regular season champion was Magic Il coached by Eric Battle and Lovett Lenard. The Intermediate Division Playoff Championship was played on April 14, 2001 at Pompey Park. Magic Il won the Playoff Championship; and WHEREAS, in the Senior Division (ages 12-15) the regular season champion was Kiwanis. The Senior Division PlayoffChampionship was played on April 14, 2001 at Pompey Park. Magic III won the Playoff Championship. They were coached by Gerald Lewis and Johnnie Hayes; and WHEREAS, as a spinoff of the regular season basketball teams, six traveling basketball teams were formed: 2 girls' team (12 and Under, and 14 and Under) and 4 boys' teams (11 and Under, 12 and Under, 14 and Under and 15 and Under). The 12 and Under Girls came in l0th place in the State. The 14 and Under Girls ranked 8th in the State. The 11 and Under Boys came in 3rd place in the State. The 12 and Under Boys ranks 10th in the State, and the 15 and Under boys ranked 2nd in the State; and WHEREAS, in the Youth Basketball of America (YBOA) State Tournament, Willie Jackson, Moses Hinton and Jermane Taylor were All Tournament players in the 15 and under boys division. Jamar Dean, Turnell Owens and Dimitrius McClendon were named Most Valuable Players. All Tournament Players in the Boys' State Tournament were Karnell Hatcher, Dominique Battle, Steven Bailey, Dustin Weatherspoon, Jeffrey Walker, R. J. Neal, Anthony Davis and Marcus Gross All during the season the boys have received many medals and awards in this age division; and WHEREAS, in the week of July 21, 2001 the Boys I 1 and Under, Boys 12 and Under, and the Boys 15 and Under all qualified to play in the Boys' National/International Championship Tournament; and WHEREAS, the traveling team coaches Curtis Williams, Zerlean Williams, Chris Blake, Eric Battle, Johnny Haynes and Gerald Lewis were all outstanding coaches during the tournaments; and Vt~I:IEREAS, the parents, friends, and sponsors of the Delray Beach Youth Basketball represented the City of Delray Beach in support of the accomplishments of these young men and women and their coaches. NOW, THEREFORE, I, DAVID W. SCHMIDT, Mayor of the City of Delray Beach, Florida, on behalf of the City Commission, do hereby proclaim the Delray Beach Youth Basketball to be "CHAMPIONS AMONG CHAMPIONS AND AMBASSADORS OF GOOD WILL AND SPORTSMANSHIP FOR THE CITY OF DELRAY BEACH, FLORIDA." IN WITNESS WHEREOF, 1 have hereunto set my hand and caused the official seal of the City of Delray Beach, Florida, to be affixed this l0th day of July, 2001 DAVID W. SCHMIDT MAYOR CITY COMMISSION DOCUMENTATION TO: THRU: FROM: SUBJECT: DAVID T. HARDEN, CITY MANAGER (~~')~,, Z~.G PAUL DORLING, DIRECTOR OF PLANNI~.~G & 2001-2 The action requested of the City Commission is initiation of Comprehensive Plan Amendment 2001-2. Pursuant to LDR Section 9.2.1, amendments to the Plan must be formally initiated by the City Commission. By Florida State Statutes the City is allowed to process two Comprehensive Plan amendments each year. This amendment represents the second amendment for the year 2001. This amendment includes two City initiated Future Land Use Map amendments and one privately initiated Future Land Use Map amendment, updates to several maps and tables, and modification of Goal Area "D" of the Future Land Use Element. The amendment also includes a privately initiated modification to Policy C-5.1 of the Coastal Management Element, and description of the Transitional Land Uses in the Future Land Use Element. The items suggested for inclusion in the Plan Amendment are listed below: Future Land Use Map Amendments (City Initiated)' City initiated Future Land Use Map amendment for the Atlantic Grove parcel (Lot 9, Block 28, Plat of the Town of Linton), approximately 0.23 acres in size, from LD (Low Density, 0-5 du/acre) to CF (Community Facilities); City initiated corrective Future Land Use Map amendment for the Rinaldi parcel (North % of Lot 7, Block 2, Plat of Ocean Park), from MD (Medium Density, 5-12 du/acre) to CC (Commercial Core). The parcel is approximately 0.03 acres in size and is located on the east side of Bronson Avenue, approximately 100 south of Atlantic Avenue; Future Land Use Map Amendments (Privately Initiated): Privately initiated Future Land Use Map amendment and annexation of an 8.60 acre parcel located on the north side of Gulf Stream Boulevard, adjacent to the west of the FEC Railroad. The parcel will receive an initial Future Land Use Map designation of TRN (Transitional), from the current County Land Use Map designation of MR-5 (Medium Residential 5 units/acre). City Commission Documentation Initiation of Plan Amendment 2001-2 Page 2 Text Amendments (City Initiated): · General update of Goal Area "D" of the Future Land Schools; Use Element, relating to Creation of Policy in Goal Area "C", Objective C-4 of the Future Land Use Element which provides that the City will participate, along with the CRA, in funding the development of public/private parking lots in the Pineapple Grove Main Street area. Modification of the following maps and table in the Transportation Element: A. Map #12 Map #14 Table T-1 Future Traffic Network Functional Classifications & Maintenance Agency - Street Classification, Responsible Agency and Ultimate Right-of-Way Reclassification of SW 4th Avenue, from S.W. 10th Street to Linton Boulevard as a City Collector. Map #15 - Existing (1995) Annual Average Daily Traffic Conditions Map #16 - Existing Peak Season PM Peak Hour Peak Direction Traffic Conditions Update all maps to reflect most current available data. Modification of the Five-Year Schedule of Capital Improvements in the Capital Improvement Element, in order to reflect changes associated with the adopted 2001- 02 Capital Improvement budget. · Modification to all maps and numerous text changes to reflect the expanded Planning Area. Text Amendments (Privately Initiated): · Modification of Coastal Management Element Policy C-5.1, in order to change the method for calculating the height of a structure along the ocean shoreline; Modification to the description of the "Transitional Land Uses" designation, in the Future Land Use Element, which will increase the maximum allowable density from 12 units/acre to 20 units/acre. City Commission Documentation Initiation of Plan Amendment 2001-2 Page 3 SCHE D ULE~' FO' R The tentative schedule for processing Plan Amendment 01-2 is as follows: July 10, 2001 August 20, 2001 August 21, 2001 October 10, 2001 November 19, 2001 November 20, 2001 January 4, 2002 Initiation by City Commission Planning and Zoning Board Hearfng City Commission Transmittal Public Hearfng Receipt of ORC Report P&Z Adoption Hearing City Commission adoption Effective date The Planning and Zoning Board considered the initiation request at their meeting of June 18, 2001. There was no discussion by the public and the Board unanimously recommended approval on a 4-0 vote. It should be noted that the items for the privately initiated annexation and FLUM change for the 8.60 acre parcel, all related modifications relating to the expanded Planning Area, and modification to the Transitional Land Use description were not considered by the Planning & Zoning Board as they were added to the amendment subsequent to the Initiation recommendation meeting. By motion, approve the initiation of Comprehensive Plan Amendment 2001-2, containing the material stated in this staff report. S.\LongRange\comp\01-2 CC Initiation [ITY OF DELRfl¥ BEI1[H CiTY ATTORNEY'S OFFICE 200 NW 1st AVENUE · DELRAY BEACH, FLORIDA 33444 TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755 Writer's Direct Line: 561/243-7091 1993 DATE: June 21, 2001 TO: FROM: City Commission David Harden, City Manager Brian Shun, Assistant City Attorney SUBJECT: Acceptance of Easemem Deeds from Mario Shlesinger and Michael & Michelle Kaufman The following easemem deeds gram to the City the means to install/maintain a water main from the Hammock Reserve project to Bridlewood Circle within the Foxe Chase development pursuant to the attached memo from Barton Caronite, Asst. City Engineer. Our office requests that this item be placed on the July 10, 2001 City Commission agenda for acceptance. Please call if you have any questions. Attachment CC: Barbara Garito, Acting City Clerk Barron Caronite, Asst. City Engineer City Of Delray Beach Department of Environmental Services T R A N S M I T T A L TO: FROM: DATE: SUBJECT: Brian Shutt, Assistant City Attorney Barton E. Caronite, PE, Assistant City Englne~- June 19, 2001 Utility Easement for Foxe Chase Lots 15 & 16 Please find attached two original utility easements; one for lot 15 Foxe Chase and the other for lot 16 Foxe Chase. The utility easements are being provided.._fgr the extension of an 8" water main from the Hammock Reserve project to Bridlewood Circle within the Foxe Chase development. The water main extension will provide water service to lots 15 and 16 and will provide a fire hydrant at Bridlewood Circle. Both property owners are entering into water service agreements. Please review the attached documents for legal sufficiency. The agent, Press Tompkins, PE, can be reached at 998-0955. If you have any questions, please call me at x7326. Thanks. s'tengadmtn~taclfoxe chase lots 15 & 16[ Transmttta of easements, doc Peepa~ed by. RETUILN' David N Tolc~s, Esq City Attorney's OlIic~ 200 N W i'~ Avenue Dclray Beach, Florida 3444 EASEMENT DEED THIS INDENTURE made this -~...L{ day of ~]~xx~ ,2001, by and between ,nailiagaddressof.._'Xok'?,.].~7~ C_.hO~\%~,~.kl.' .~C~ %~% ~¥,~.~ ~'~ ~.~%~ party of the first part, and the CITY OF DEEP, AY BEACH, with a mailing address ell00 N W. l" Avenue, Delray Beach, Florida 33444, a municipal corporation iii Palm Beach County, State of Florida, party of the second part: WITNESSETH: That the party of the first pan, for and in consideration of the sum ofTen ($10,00) Dollars and other good and valuable considerations to it ill hand paid by the said party of the second part, the receipt of which is hereby acknowledged, does hereby grant, bargain, sell, and release unto the party of the second part, its successors and assigns, a right of way and perpetual easement for the purpose of installation and maintenaqce of utilities with full and free right, liberty, and authority to enter upon and to install, operate, and nufintain such utilities well under, across, through and upon, over, under or within the following described property located itl Pahn Beach County, Florida, to-wit' .D..ESCPdPTION S~ Enhibit "A" Concomitant and coextensive with this right is the further right in the party of the second party, its successors and assigns, of ingress and egress over and on that portion of land described above, to the affect the purposes of the easement, as expressed hereinafter That this easement shall be subject only to those easements, restrictions, and reservations of record. That the party oftbe first part agrees to provide for the gelease of any and all mortgages or liens encumbering this easement. The party oftbe first part also agrees to erect no building or effect ant other kind of construction or improvements upon the above-described property It is understood that upon completion of said installation, all lands disturbed thereby as a result of such installation or spoilage deposited thereon, will be restored to its original conditiou or better without expense to the property owner Party of the first part does hereby fully warrant the title to said land and will defend the same against the lawful claims of all persons whomsoever claimed by, through or under it, that it has good right and lawful authority to grant the above-described easement and that the same is unencumbered. Where the context of this Easement Deed allows or permits, the same shall include the successors or assigns of the parties IN WITNESS WHEREOF, tile parties to tiffs Easement Deed set their hands and seals the day and year first above written WITNESS #2: .~ (name printed or typed) PARTY OF THE FIRST PART Print Nan~e ~,~ ,.~ x ~ ~-N.,,\ ~.~-, \~.. ~. STATE Or FLO aDA COUNTY OF The lbregoing instrument w~ acknowled; ;~d before me tNs ~[~ay of ~,~ ,2001 by . _ ~ame ofoffscer or agent, title of officer or agent) ~ (name o~,~ o~a~ion ac~owledging), a (state or place ofineo~oration) corporation, on behalf of the corporat~n H~She is personally ~own to me or has produced~GaaaltNEOo~ (type of identificatiOn} as identi~cat~ and did (did not) take an oath. -- ' ~;~= ,'OfflCl~ SEAOigna~e ofNota~ PU~I~/~tate ~c A~ Madene R. Mejia of F(orida E~MENT DED BA TTA GLIA LAND SURVEYORS, 1692 MADRID WAY, BOCA RATON, FL. 33432 OFFICE (561) 750-8108 FAX (561) 750-8110 INC DESCRIPTION: 12' UTILITY EASEMENT A strip of land 12 feet in width lying within Lots 15 & 16 of"FOXE CHASE" according to the Plat thereof as recorded in Plat Book 38, Page 2 of the Public Records of P.,dm Beach, Florida. COMMENCING at the Northeast comer of said Lot 16, run along a curve, concave to the Northeast (a radial line to the radius point from the Point of Commencement is North 49°44'17" East) with a radius of 100.00 feet, whose central angle is 04°59'50'', with an arc length of 9.59 feet to a point on the East Line of said Lot 16, said point also being the POINT OF BEGINNING. Thence run along said cemerline South 55°04'40'' West, for a distance of 42.81 feet; thence South 52o04'39" West, for a distance of 55.56 feet; thence South 59°13'06" West, for a distance of 17,51 feet; thence South 74042'42'' West, for a distance of 26.80 feet; thence South 74042'42'' West, for a distance of 26.80 feet; thence South 63°15'48'' West, for a distance of 7.15 feet; thence South 71°04'32'' West, for a distance of 41.71 feet; thence North 80°44'56'' West, for a distance of 23.18 feet to a point on the West line of said Lot 16, said point also being the end of said centerlinc. The side lines of this easement are to he shorlened or lengthened so as to provide a continuous easement in width and to intersect applicable lot lines. Subject to restrictions, reservations, easements, and/or rights-of-way record. Said 'lands situat,~l in Palm Beach County, Florida. ; Ce~cme: 1 HEREBY CERTIFY THAT THIS DESCRIPTION AND SKETCH WAS PREPARED UNDER MY RESPONSIBLE CHARGE AND MEETS THE MINIMUM TECI INICAL STANDARDS AS SET FOURTII BY TIlE FLORIDA BOARD OF PROFESSIONAL LAND SURVEYORS AND MAPPERS IN CIIAPTER 61017-6, FLORIDA STATUTES, AND TIIAT IT IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF. · i~6BER'r 6 BATTAOLI~,~P~L.S. REG. LAND SUI~rEYOR #5161 Sheet I of 2 Job No. 100-03-071 Date: April 23, 2001 Revised: May 23, 2001 Revised: May 30, 2001 0111~1 CH lip LI~IJAL Lll.~3'Cl(ltS'l'.l{JJ¥ (SHEET 2 OF 2) SCALE: 1"=;30' NOI"O795"W 12§.00' LOT 15 ~ "~' "FOXE CHASE" ~ ~° (p.B. ;3B, PG. e, P.B.¢.R.) CENTERUNE Of [ L=9,59' A : ~C LEN~H ~ D = DELTA P.a. = P~T BOOK LOCATION HAP (NOT TO SCALE) NOI°O7'35"W 280.00' WEST LINE OF LOT 16j LOT 1 6 "FOXE CHASE" (P.B. 38, PG. 2, P.B.C.R.) P.B.C.R. = PALM BEACH COUNTY RECORDS P.O.B. = POINT OF BEGINNING P.O.C. = POINT OF COMMENCEMENT R = RADIUS REVISIONS 05/30/01 REVISE EASEMENT TIE-IN 05/2.5/01 REVISE EASEMENT LOCATION DA TE DESCRIP 'I-ION BA TTA GLIA LAND SURVEYORS, INC. 1692 MADRID }VA}'. BOCA RATON, FL JJ432 OFFICE (560 750-8108 FAX (56D 750~8110 1"=,0' , LEGAL DE$CRIPTiON[ ...... J. J L KAUFMAN / $HLE$1NGER RESIDENCE MIKE lid UFMAN I 100-05-071 David N Tolces, Esq City Attom~'s Office 200 N.W 14 Avcnu~ Delray Beach, Florida 3444 EASEMENTDEED THIS INDENTURE, made this Z~*" day of _K~..a_~ ,2001, by and between ~ea,aa,~,.. ~ [~.c,a,--~ ,~ ~-~.,.~-~aA~ _ . with a mailing addr~s~ if' ~1 t"/ ~n-~ ~.,:L'~.~a-x. ~3,,~--~-,~.~.L~'$,-a,t.~4 .'~' _. party of the first part, and the CITY OF DELRAY BE~-cH, ~arith a mailing address o~ lb~ N.W 1'~ Avenue, Delray Beach, Florida 33444, a municipal corporation in Palm Beach County, ~State of Florida, party of the second part: WITNESSETH: That the party of the first part, for and in consideration of the sum ofTen ($10.00) Dollars and other good and valuable considerations to it in hand paid by the said party of the second part, the receipt of which is hereby acknowledged, does hereby grant, bargain, sell, and release unto the party of the second part, its successors and assigns, a right of way and perpetual easement for the purpose of' installation and maintenance of utilities with full and free right, liberty, and authority to enter upon and to install, operate, and maintain such utilities well under, across, through and upon, over, under or within the following described property located in Palm Beach County, Florida, to-wit DESCRIPTION See Exhibit "A" Concomitant and coextensive with this right is the further right in the party of the second party, its successors and assigns, of ingress and egress over and on that portion of land described above, to the affect the purposes of the easement, as expressed hereinafter That this easement shall be subject only to those easements, restrictions, and reservations of record That the party of the first part agrees to provide for the release of any and all mortgages or liens encumbering this easement The party of the first part also agrees to erect no building or effect ant other kind of construction or improvements upon the above-described property. It is understood that upon completion of said installation, ali lands disturbed thereby as a result of such installation or spoilage deposited thereon, will be restored to its original condition or better without expense to the property owner Party of the first part does hereby fully warrant the title to said land and will defend the same against the lawful claims of all persons whomsoever claimed by, through or under it, that it has good right and lawful authority to grant the above-described easement and that the same is unencumbered. Where the context of this Easement Deed allows or pernuts, the same shall include the successors or assigns of the parties IN WITNESS WHEREOF, the parties to this Easement Deed set their hands and seals the day and year first above written WITNESS #1' (name printed or typed) WITNESS//2: ~, STATE OF FLORIDA PARTY OF THE FIRST PART Print Nam ,~KI l r_~,~-~ ~ ~-~'trJfiq The foregoing instrument was acknowledged before me this $o ~ day of ,2001 by m, ~,,f~¢./ [~,~v ~'~a ~ (name of officer or agent, title of officer or agen . (name of cororation 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 and did (did not) take an oath. ~'"'"'.._ ~.,~,~ 0,11., ~ ~ ~~m~u~on # ~ II1"~# Signature of Notary Public - State ~ ~ ~, ~01 of Florida EA~MEI~rI' DED BA TTA GLIA LAND SURVEYORS, 1692 MADRID WAY, BOCA RATON, FL. 33432 OFFICE (561) 750-8108 FAX (561) 750-81 l0 INC DESCRIPTION: 12' UTILITY EASEMENT A strip of land 12 feet in width lying within Lots i 5 & 16 of"FOXE CHASE" according to the Plat thereof us recorded in Plat Book 38, Page 2 of the Public Records of Palm Beach, Florida. COMMENCING at the Northeast comer of said Lot 16, run along a curve, concave to the Northeast (a radial line to the radius point ~om the Point of Commencement is North 49°44'i7" East) with a radius of 100.00 feet, whose central angle is 04°59'50'', with an arc length of 9.59 feet to a point on the East Line of said Lot 16, said point also being the POINT OF i BEGINNING. ' Thence nm along said eenterline South 55°04'40" West, for a distance of 42.81 feet; thence South 52004'39" West, for a distance of 55.56 feet; thence South 59013'06" West, for a distance of 17.51 feet; thence South 74°42'42' West, for a distance c~f26.80 feet; thence South 74042'42" West, for a distance of 26.80 feet; thence South 63015'48" West, for a distance of 7.15 feet; thence South 71004'32" West, for a distance of 41.71 feet; thence North 80044'56'' West, for a distance of 23.18 feet to a point on the West line of said Lot 16, said point also being the end of said centerline. The side lines of this easement are to be shortened or lengthened so as to provide a conlinuous easement in width and to intersect applicable lot lines. Subject to restrictions, reservations, easements, and/or rights-of-way record. Said lands situated in Palm Beach County, Florida. Certificate: I HEREBY CERTIFY THAT THIS DESCRIPTION AND SKETCH WAS PREPARED UNDER MY RESPONSIBLE CHARGE AND MEETS THE MINIMUM TECIINICAL STANDARDS AS SET FOURTII BY TIlE FLORIDA BOARD OF PROFESSIONAL LAHD SURVEYORS AND MAPPERS IH CI IAPTER 61G 17-6, FLORIDA STATUTES, AND TI IAT IT IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF. ' ~OBERT G. BA ~TT~,G~IA, P.L.S. REG. LAND SURVEYOR #5161 Sheet 1 of 2 Job No. 100-03-071 Date: April 23, 2001 Revised: May 23, 2001 Revised: May 30, 2001 oaf_~ l L~I-I L~I~' I.,I~L~./'IL ILtlZJLKII'I IOI¥ (SHFET 2 OF 2) SCALE: LOCATION HAP (NOT TO SCALE) NOI°O7'$$"W 125.00' ?. !~ NOIOO7'$3'°W 280.00' · . . ~5/~o/o~I DA~ I LOT 1 6 "FOXE CHASE" (P.e. 38, PG. 2, P.B.C.R.) LOT 15 "FOXE CHASE" (P.B. 38, PO. 2, P.B.C.R.) CENTERLINE O,F .... = ....... P.O.B. = POIm OF BEGINNING E r . . ~.o.c. = ,o,~ o~ c~c .~ Re~S~S BA ~A GLIA ~D SURVEYORS, INC. 1692 MAD~D WAY. ~A ~N, FL 33432 "~ o~a~ LEGAL DESC~PTION ' ~.a.~ RE,SE EASEMENT ~E-IN J. &L ~F~ / $HLESlNGER ~ENCE RE,SE EASEM~T LOCA ~ ]J.J.L. S~Y FOR: DESCRIP~ON ] BY M~ ~UF~ ] t0~03~71 [ITY OF DELRI:IY BEI:I[H CITY ATTORNEY'S OFFICE 200 NW 1st AVENUE · DELRAY BEACH, FLORIDA 33444 TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755 Writer's Direct Line 561/243-7091 1993 DATE: June 21, 2001 TO: FROM: City Commission David Harden, City Manager Brian Shutt, Assistant City Attorney SUBJECT: Acceptance of Easement Deed from Spanish Wells Condominium Assoc. The following easement deed allows the City the means to extend a sanitary sewer main from the existing sanitary sewer main located in the Spanish Wells Subdivision to the new Valencia Court Development. Our office requests that this item be placed on the July 10, 2001 City Commission agenda for acceptance. Please call if you have any questions. Attachment CC: Barbara Garito, Acting City Clerk Barron Caronite, Asst. City Engineer Dan Marfino, Principal Planner Prepared by: RETURN: R. Brian Shutt, Esq. Cily Attorney's Office 200 N.W. 1 st Av~uc Delray Beach, Florida 33444 PID#: EASEMENT DEED THIS INDENTURE, made this x,5'" day of x~'UA,'~__ , 2001, by and between .5'.~A,/.r.yc (-d~C~'~ (-~/,~d~),a,,r.o/~.'~ ,'9~G~x'%~)-r~./,~.~. , with a mailing address of ,fi ¢",,¢g" .3-/p,,/~-4o'~,d ~6//.oo 0~..4~(.~4y'~,,~de'~.,t'~- ~ party of the first part, and the CITY OF DELRAY BEACH, with a mailing address of 100 N.W. 1st Avenue, Delray Beach, Florida 33444, a municipal corporation in Palm Beach County, State of Florida, par~.._ _of the second part: WITNESSETH: That the party of the first part, for and in consideration of the sum of Ten ($10.00) Dollars and other good and valuable considerations to it in hand paid by the said party of the second part, the receipt of'which is hereby acknowledged, does hereby grant, bargain, sell and release unto the party of the second part, its successors and assigns, a right of way and perpetual easement for the purpose of: installation and maintenance of' utilities with full and free fight, liberty, and authority to enter upon and to install, operate, and maintain such utilities well under, across, through and upon, over, under or within the following desefibed property located in Palm Beach County, Florida, to-wit: DESCRIPTION See Exhibit "A" Concomitant and coextensive with this fight is the further fight in the party of the second party, its successors and assigns, of ingress and egress over and on that portion of land described above, to effect the purposes of the easement, as expressed hereinafter. That this easement shall be subject only to those easements, restrictions, and reservations of record. That the party of the first part agrees to provide for the release or subordination of any and all mortgages or liens encumbering this easement. The party of the first part also agrees to erect no building or effect any other kind of construction or improvements upon the above- described property. It is understood that upor~ completion of such installation, all lands disturbed thereby as a result of such installation or spoilage deposited thereon, will be restored to its original condition or better without expense to the property owner. Party of the first part does hereby fully warrant the rifle to said land and will defend the same against the lawful claims of all persons whomsoever claimed by, through or under it, that it has good right and lawful authority to grant the above-described easement and that the same is unencumbered except as provided above. Where the context of this Easement Deed allows or permits, the same shall include the successors or assigns of the parties. IN WITNESS WHEREOF, the parties to this Easement Deed set their hands and seals the day and year first above written. PARTY OF THE FIRST PART Print Name: ~--~ ~rT[~'o.c~_~ Print Name: ~"7/,t/~'x~x./~ ~'~,'/r.// STATE OF FLORIDA co xr¥ The foregoing instrument was acknowledged before me this ~"- day of · ,7'o~ ,2001 by ~"//d~t.~¢~'~/ ,5~.~t/ (name o~r agent, title of officer or agent) of ~<'/°~,,,~4~ r~:~.~ ~O~,09 'Jt$~,a~(name of corporation acknowledging), a 7~O~,'~,4- (state or place of incorporation) corporation, on behalf of the corporation. He/She i~ p~~y known to me.~r has produced - -- (type of identificafi~o ) as identification. ~ta~ Public- State of Horida .,~,, 8tephon E. 2 SKETCH OF DESCRIPTION SPA NISH WELL S PHASE ONE (PLA T BOOK 54, PAGES 19-20) N.9OoOO'OO"W. 65.00' 6.5.00' N. go°oo'oo"w. 65.00' N.9OoOO'OO"W. SPANISH W-ELL S PHAS,E ONE (PLA T BOOK 54, PAGES 19-20) A 12 FOOT EASEMENT BEING IN A PORTION OF SPANISH WELLS, ACCORDING TO THE PLA T THEREOF AS RECORDED IN PLA T BOOK `34, PAGES 19 AND 20, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, THE CENTERLINE OF WHICH BEING MORE PARTICULARLY DESCRBED AS FOLLOWS: COMMENCING A T THE MOST SOUTHERLY CORNER OF SAID PLA T OF SPANISH WELLS PHASE ONE, SAID POINT BEING THE INTERSECTION OF THE NORTH RIGHT OF WA Y LINE OF GERMANTOWN ROAO WITH THE WEST LiVE OF THE EAST QUARTER TEl:tEll4 OF THE SOUTHEAST 9UQRT. E.R (S.E..I/4) OF NORTHEAST QUART. ER (N..E...1/4) OF THE NORTHEAST QUARTER (N.E..1/4) OF SECTION 25, TOWNSHIP 46 SOUTH, RANGE 42 EAST, PALM BEACH COUNTY, FLORIDA: THENCE N.O°OO'OO"E., ALONG SAID WEST LINE, A DISTANCE'OF 24,3.50 FEET TO THE POINT OF BEGINNING; THENCE N. 90°OO'OO"W., A DISTANCE OF 65.0 FEET TO THE TERMINUS POINT OF SAID EASEMENT THE SIDE LINES OF SAID EASEMENT TO BE EXTENDED OR SHORTENED TO MEET A T ANGLE POINTS. NO TES: THIS IS NOT A SURVEY P.O.B. = POINT OF 8EC,4teI~G THE WEST LiVE OF THE £1/4 OF THE SE. 1/4 OF THE NE.. 1/4 OF .THE N. E 1/4 OF-- .SEC TION 25/46/42 IS A_SSUMEO TO BEAR N.O°OO'OO"E. SECTION 25/46/42 = SECTION 25, TOWNSH~ 46 SOUTH, RANGE 42 EAST NN'-MOST SOUTHERLY CORNER OF SPANISH WELLS PHASE ONE (PLA T BOOK `34, PAGES 19-20) EXHIBIT 'A " SHEET I OF 1 PAUL O. E, NGLE '~? ~ SURVEYOR AND MAPPER//5708 DA TE: blA Y 9, 2001 O'BRIEN, SUITER & O'BRIEN, INC CERTIFIGATE OF AUTHORIZATION t~ILB`75`7 SURVEYOR AND blAPPER IN RESPONSIBLE CHARGE: PAUL O. ENGLE 2601 NORTH FEDERAL HIGNWAY OELRAY BEACH FLORIDA .73483 (561) 276-4501 (561) 7,72-`7279 TO: THRU: FROM: SUBJECT: CITY COMMISSION DOCUMENTATION MEETING OF JULY 10, 2001 ~ ~'~ APPROVAL OF A COMBINED PRELIMINARY/FINAL PLAT FOR A ~.415 ACRE FEE SIMPLE SINGLE-FAMILY DETACHED SUBDIVISION KNOWN AS VALENCIA COURT, LOCATED ON THE NORTH SIDE OF OLD GERMANTOWN ROAD, WEST OF HOMEWOOD BOULEVARD. BACKGROUND I The proposed plat consists of six fee-simple single-family detached lots, with all parcels fronting and taking access from a newly created private road, Valencia Court. Lots will range in frontage from 36- feet (on a cul-de-sac), to 80.56 feet, and in total area from 7,520 square feet to 8,668 square feet. The plat includes a non-vehicular access easement along the south line of Lot 1, (adjacent to Old Germantown Road), as all vehicular access will be accommodated from Valencia Court. Additionally, the plat includes a 15-foot drainage easement along the north and east sides, and a 12-foot utility easement along the west side. The proposed plat requires waivers to several LDR Sections as listed below. As per LDR Section 2.4.7(B)(1)(b), the City Commission has the authority to grant relief to all of the following standards: · LDR Section 6.1.3(B)(1) (Sidewalks): Waive requirement for a 5-foot sidewalk to the front of Lots 4, 5, and 6. · LDR Section 5.3.1(D)(2) (Right-of-Way Dimensions): Reduction of required width for a private street (Valencia Court) from 60-feet to 50-feet. · LDR Section 6.1.2(C)(4)(d) (Cul-De-Sac Turnaround Design Standards): Reduction of required width of a cul-de-sac from 100-feet to 80-feet. · LDR Section 4.3.4 (K) (Development Standards Matrix): Reduction of required frontage of Lot 1 from 80-feet to 68.58-feet, and reduction required depth of Lot 4 from 100-feet to 97-feet. PLANNING AND ZONING BOARD CONSIDERATION The Planning and Zoning Board considered the proposed plat, and the associated waivers, at their meeting of May 21, 2001. After reviewing the staff report, the Board voted7 to 0 to recommend approval of the waivers. By separate motion, the Board 7 to 0 to recommend approval of the preliminary/final plat of Valencia Court, with the condibon thatall comments under the "Technical Items" section of the staff report be addressed prior to scheduling the plat for City Commission action. All technical items have been satisfactorily addressed. RECOMMENDED ACTION I By motion, approve the preliminary plat for Valencia Court 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, and approve all listed waivers of LDR Sections as necessary and appropnate, based upon positive findings with respect to LDR Section 2.4.7(B)(5). Attachment: · P & Z Staff Report of May 21, 2001 S:i P&Z~boards~citycommissiont ValCourt-CCdoc. doc PLANNING AND ZONING BOARD CITY OF DELRAY BEACH ---STAFF REPORT--- MEETING DATE: AGENDA ITEM: ITEM: May 21, 2001 V.A. Combined Preliminary/Final Plat for Valencia Court, a Proposed 6 Lot Subdivision, Located on the North Side of Old Germantown Road, East of the Spanish Wells Subdivision. BOULEVARD ,~,Tk,, I ~ ((11111 GENERAL DATA: Owner/Applicant ........................ Constance Amps Agent..,. ...................................... Ron Lasota Location ..................................... North side of Old Germantown Road, east of the Spanish Wells Subdivision Property Size ............................. 1.415 Acres Future Land Use Map ................ Medium Density Residential (5-12 d.u./acre) Current Zoning .......................... RM-8 (Multiple Family Residential-8 units/acre) Adjacent Zoning ............... North: RM (Multiple Family Residential-Medium Density) East: A (Agriculture) South: R-l-AAA (Single Family Residential) & A West: RM Existing Land Use .................... Single Family Residence Proposed Land Use ................... Combined Preliminary/Final Plat for Valencia Court, a proposed 6 lot single family detached subdivision. Water Service ............................ n/a. Sewer Service ........................... n/a. V.A. iTEM:!?BEFORE THE · BOARD The item before the Board is that of approval of a combined preliminary/final plat for a 1.415 acre fee simple single-family detached development known as Valencia Court. The subject property is located on the north side of Old Germantown Road, approximately ~ mile southeast of Linton Boulevard. This plat is being processed pursuant to LDR Section 2.4.5(J), Major Subdivisions. The subject property contains 1.415 acres and is currently unplatted. Currently the site contains a one story single-family residence, situated on the southeast corner of the site. The subject parcel was annexed into the City in 1988, with an initial zoning of ART (Agricultural Residential Transitional). In 1990, the parcel received a zoning of A (Agricultural), with the citywide rezonings and adoption of the Land Development Regulations. In 1997, an application was submitted to rezone the parcel from A to RM (Medium Density Residential), in order to facilitate the construction of a 17 unit townhouse development. At its meeting of April 14, 1997, the Planning & Zoning Board recommended approval of the requested rezoning, but with a density suffix of 8 units. The applicant withdrew the application before the City Commission could take final action. In 1999, the new and current owner of the parcel again submitted an application to rezone the site to RM, in order to construct an 11 unit townhouse development. The Planning & Zoning Board, at its meeting of February 22, 1999, recommended approval of the rezoning request, subject to a density suffix of 8 units per acreu The City Commission approved the request at its meeting of March 16, 1999. The proposed plat consists of six fee-simple single-family detached lots, with all parcels fronting and taking access from a newly created private road, Valencia Court. Lots will range in frontage from 36-feet (on a cul-de-sac), to 80.56 feet, and in total area from 7,520 square feet to 8,668 square feet. The plat includes a non-vehicular access easement along the south line of Lot 1, (adjacent to Old Germantown Road), as all vehicular access will be accommodated from Valencia Court. Additionally, the plat includes a 15-foot drainage easement along the north and east sides, and a 12-foot utility easement along the west side. Planning and Zoning Board Staff Report Valencia Court Plat Page 2 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 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 Consistency with the Comprehensive Plan and Compliance with the Land Development Regulations. Section 3.1.1(A) - Future Land Use Map: The subject parcel has a Future Land Use Map designation of MD (Medium Density Residential) and is currently zoned RM-8 (Medium Density Residential, 8 units/acre). The RM-8 zone district is consistent with the MD Future Land Use Map designation and the proposed single-family development is allowed as a permitted use in the RM zone district [LDR Section 4.4.6(B)(1)]. Thus, it is appropriate to make a positive finding with respect to consistency with the Future Land Use Map. Section 3.1.1(B) - Concurrency: Pursuant to Section 3.1.1(B) Concurrency as defined pursuant to Objective B-2 of the Land Use Element of the Comprehensive Plan must be met and a determination made that the public facility needs of the requested land use 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 will be provided to the site via an 8" water main extension from both a 10" main and a 8" main, which are located in a utility easement west of and adjacent to the site (Spanish Wells). Sewer service is provided to the site via an 8" sewer main extension from an existing 8" main located in the adjacent Spanish Wells development. This will require the creation of a utility easement on the Spanish Wells property, in order to connect to the existing main. The additional 6 single-family dwelling units will have a minimal impact on water and sewer demands as it relates to this level of service standard. Streets and Traffic: The 6-lot development will generate 60 daily trips (10 trips per lot). There is adequate capacity on the surrounding roadway network to accommodate the Planning and Zoning Board Staff Report Valencia Court Plat Page 3 additional trips. Developments generating less than 200 daily do not require review with respect to the Palm Beach County Traffic Performance Standards Ordinance. Parks and Recreation Facilities: The proposed 6 new residential units will not have a significant 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 $3,000 will be required of this development for parks and recreation purposes. Solid Waste: Trash generated each year by the 6 proposed units is 1.99 tons of solid waste per unit per single-family unit or 11.94 total tons of solid waste per year. The trash generated by this proposal can be accommodated by existing facilities. A positive finding with respect to this level of service standard can be made. Drainacle : Drainage will be accommodated on site via sheet flow and an exfiltration trench, via a catch basin system in the 15-foot drainage easement on the north and east sides of the project. 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 Regulations: Pursuant to LDR Section 4.4.6(F)(1) development standards for the R-1-A Zone District shall apply to single-family detached dwellings within the RM Zone District. LDR Section 6.1.3(B)(1) (Sidewalks): According to the above referenced LDR Section, 5-foot sidewalk is required along one side (which all lots front) of the private street. The proposed plan shows a 5-foot sidewalk in directly adjacent to Lots 1, 2 & 3, within Tract "A" (Valencia Court), but no sidewalk adjacent to Lots 4-6. Pursuant to LDR Section 6.1.3(D)(1)(b), relief from these standards can be granted by the City Commission, providing the City Engineer concurs with the granting of the waiver. The applicant has requested and received the necessary support Planning and Zoning Board Staff Report Valencia Court Plat Page 4 from the City Engineer for relief of the required sidewalk serving Lots 4, 5, and 6. · LDR Section 5.3.1(D)(2) (Right-of-Way Dimensions): The required right-of-way width for Valencia Court, as per LDR Section 5.3.1(D)(2), is 60 feet. The submitted plat shows a 50-foot right-of-way. Pursuant to LDR Section 5.3.1(D)(4) (Reduction in Width), reduction in the required right-of-way width may be granted by the City Commission, if there is support from the City Engineer. The applicant has requested and received the necessary support from the City Engineer for a reduction from 60 feet to 50 feet. LDR Section 6.1.2(C)(4)(d) (Cul-De-Sac Turnaround Design Standards): The required diameter for a cul-de-sac, as per the above referenced LDR Section is a minimum of 90 feet to the edge of pavement and 100 feet to the property line. The submitted plat shows an 80 foot cul-de-sac to the property line. Pursuant to LDR Section 2.4.7 (B)(1)(a), relief from this standard can be granted by the City Commission, providing the City Engineer concurs with the granting of the waiver. The applicant has requested and received the necessary support from the City Engineer for the reduction in the cul-de-sac standards. The City's Fire Department has reviewed the requested design, and with respect to this development only, approved the waiver, upon the following conditions: 1. That there will be no more than six (6) dwelling units and the dwelling units will only encompass one-half the cul-de-sac. 2. The east side of the roadway and cul-de-sac shall be provided with sod and there shall be no other obstacles to prevent movement of the fire apparatus. 3. The cul-de-sac shall be provided with Florida style curbing. No D style curbing will be accepted. In addition, LDR Section 2.4.7(B)(2) requires that the applicant provide a written justification for granting the waiver. The applicant has submitted this justification, and it is attached to this report. Planning and Zoning Board Staff Report Valencia Court Plat Page 5 · LDR Section 4.3.4 (K) (Development Standards Matrix): Required Frontage and Depth As the subject property is currently zoned RM-8, the development standards for the R-1-A Zone District are applied for single family development. Accordingly, the required lot frontage for corner lots is 80-feet, and interior lots is 60-feet. As per LDR Section 4.3.4 (E)(2), the required frontage for lots located on a cul-de-sac can be reduced by 40%. All lots within the proposed subdivision meet this requirement, with the exception of Lot 1, which shows a frontage of 68.58 feet. As Lot 1 is a corner lot, and because staff has requested a "non- vehicular access easement" be applied to the south side of this lot (adjacent to Old Germantown Road), the west lot line (adjacent to Valencia Court) becomes the front with a requirement of 80-feet. Development standards for the R-1-A Zone District also require a minimum lot depth of 100-feet. All lots within the proposed subdivision meet or exceed this requirement with exception Lot 4, which has a depth of 97-feet. Pursuant to LDR Section 2.4.7 (B)(1)(a), relief from these standards can be granted by the City Commission, providing the City Engineer concurs with the granting of the waiver. The applicant has requested and received the necessary support from the City Engineer for the reduction in the frontage standard for Lot 1 and the lot depth standard for Lot 4. In addition, LDR Section 2.4.7(B)(2) requires that the applicant provide a written justification for granting the waiver. The applicant has submitted this justification, and it is attached to this report. Required Findings for Grantinq Waivers: Pursuant to LDR Section 2.4.7(B)(5), prior to the granting of a waiver, the approving body must make a positive finding with respect to the following: (a) Shall not adversely affect the neighboring area; Given that the proposed development is designed as a single family subdivision with an overall density 4.24 units/acre, and the surrounding area is multi-family to the north and west, vacant to the east, and single family to the south, it will not negatively impact the surrounding neighborhood. (b) Shall not significantly diminish the provision of public facilities; As previously discussed under Concurrency, the proposed subdivision will not significantly degrade the level of service of any of the reviewed urban services. Additionally, the City's Environmental Services Department (water and Sewer), Planning and Zoning Board Staff Report Valencia Court Plat Page 6 and all major utility companies have reviewed this proposed plat, and found the provided easements to be acceptable. (c) Shall not create an unsafe situation; As the City's Fire Department has reviewed the proposed plat, and found the requested waivers would not impair emergency services, and given that the site will be developed at a density that is approximately one-half the permitted density (4.24 du/ac vs. 8 du/ac), which will yield lower traffic counts as a result, the requested waivers will not create an unsafe situation. (d) Does not result in the grant of a special privilege in that the same waiver would be granted under similar circumstances on other property for another applicant or owner. Given the location, unusual configuration (due to diagonal slant of Old Germantown Road), and significantly lower proposed density than what is permitted, the granting of the described waivers will not result in the allowance of a special privilege. The plat must address the following staff comments, prior to the scheduling of consideration by the City Commission. Plat Comments: Change "Reviewing Surveyor Statement" to read: This is to certify that the undersigned Professional Surveyor and Mapper, under contract with the City of Delray Beach, Florida, has reviewed this plat of the Valencia Court, as required by Chapter 177.081 (1), Florida Statutes, and finds that it complies with all the requirements of Chapter 177, Part I, Florida Statutes. 2. Tie plat to section corner. 3. Indicate distance of west line of Tract "A", on the plat. 4. The dedication statement for Tract "A" does not reflect use as a utility easement, as shown on engineering plans. 5. Provide non-vehicular access easement line along the south line of Lot 1, to a point approximately 30-feet south of the northwest corner. 6. Drainage easement is different on engineering plans vs. plat (12' vs. 15'). Planning and Zoning Board Staff Report Valencia Court Plat Page 7 En.qineerinq Technical Comments: 1. Provide offsite sanitary sewer easement including sketch and description. 2. Provide proposed cross section of Tract A and any swales in the drainage easements. 3. Indicate sight distance at egress drive to Germantown road. 4. Indicate existing sidewalk on Germantown road, if any. 5. Provide HRS permit for Sewer main Extension. 6. A certified cost estimate, 110% surety and 2% engineering inspection fees will be required for water and sewer improvements. 7. Provide typical sections at all perimeter property lines: North, East, and West. 8. Maximum slope to existing grade is 1V:3H. Provide depressed area inside property line. 9. Indicate all available valves for water main modifications. If valves are not available, provide line stops. 10.15' perimeter drainage easement indicated on the plat does not appear to contain drainage area on the engineering plans. 11. Record off-site utility easement to accommodate the extension of an 8' sewer main from the Spanish Wells site. Landscape Comments: 1. Street trees are required to be planted along the front of each lot, typically every 35-40 feet. Please show location on plan. 2. Provide proposed location of all street lighting. ,,REVIEW:~' OTHERS, ~ ~ The development proposal is not located in an area that requires review by the Historical Preservation Board (HPB), the Community Redevelopment Agency (CRA), or the Downtown Development Authority (DDA). Planning and Zoning Board Staff Report Valencia Court Plat Page 8 Courtesy Notice: A courtesy notice has been sent to the following neighborhood/condominium associations: · Progressive Residents of Delray · President's Council Letters of objection or support, if any, will be presented at the Planning and Zoning Board meeting. 'ASSESSMENT, ~AND CONCLUSION The development proposal is to subdivide the subject property into six (6) fee simple single-family lots, which is consistent with the Zoning District, Future Land Use Map designation, and development patterns for the surrounding area. Furthermore, the proposal represents a significant reduction in intensity (4.24 du/ac proposed vs. 8 alu/ac permitted), and the development of single family homes will provide a better and more desirable product. This is especially true when considering the small size of the project (1.415 acres). Positive findings can be made with regard to Concurrency and Comprehensive Plan consistency, as well as LDR Section 3.2.3. The plat will require several technical modifications, as listed in the "Technical Items" section of this report, before it can advance to the City Commission. ALTERNA~JVEAC~ONS ,,~ ~:~, ?~.. I A. Continue with direction. B: Approve the preliminary plat for Valencia Court 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, 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. Planning and Zoning Board Staff Report Valencia Court Plat Page 9 By Separate Motions: ST~FF RECOMMENDATION~ Waivers: Recommend to the City Commission that the granting of waivers to following LDR Sections is necessary and appropriate, based upon positive findings with respect to LDR Section 2.4.7(B)(5): LDR Section 6.1.3(B)(1) (Sidewalks): Waive requirement for a 5-foot to the front of Lots 4, 5, and 6. · LDR Section 5.3.1(D)(2) (Right-of-Way Dimensions): Reduction of required width for private street (Valencia Court) from 60-feet to 50-feet. · LDR Section 6.1.2(C)(4)(d) (Cul-De-Sac Turnaround Design Standards): Reduction of required width of cul-de-sac from 100-feet to 80-feet. · LDR Section 4.3.4 (K) (Development Standards Matrix): Reduction of required frontage of Lot 1 from 80-feet to 68.58-feet, and reduction required depth of Lot 4 from 100-feet to 97-feet. Plat: Approve the preliminary plat for Valencia Court 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, subject to the following condition: 1. That all comments under the "Technical Items" section of the report be addressed prior to scheduling the plat for City Commission action. Attachment: · Plat · Location Map · Applicant provided Waiver Justifications S : ~Boards/P &Zadv~ ValCourtPlat. doc Planning and Zoning Board Staff Report Valencia Court Plat Page 10 ~ A p p E,N D i X~A~¥/,,~ STANDARDS FOR PLAT ACTIONS At 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 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~I 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 Meets intent of standard Does not meet intent X 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 Planning and Zoning Board Staff Report Valencia Court Plat Page 11 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 physical considerations; complementary to adjacent land uses; and fulfills remaining land use needs. Not applicable Meets intent of standard Does not meet intent X 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 infill projects having fewer than 25 units. Not applicable X Meets intent of standard Does not meet intent ',~ LAKEVIEW ~ w I GREENS TOWNHOMES LIN TON BOULEVARD .~ SAN JUAN DR ~ SUMMIT ¢ ~. ~/~ ~lW m O ~ ~ ( ~ALABRIA WAY ~, ~ %~ ~ ~ m ~,,00~S ~ CANAL ................ ~ ~ ~ I I I OODS CITY OF DELRAY BEACH, FL PLANNING & ZONINGDEPARTMENT VALENCIA COURT ,] --- ~2/¢'11'111 8,~S£ ~ $~F£,I,,l -- MAP REF' LM321 Ron La Sota /Conme Amps 2235 Rabbit Hollowe Cir Delray Beach, Fl. 33445 Mr. Daniel Marfino Principal Planner City of Delray Beach 100 N,W, 1st Ave Delray Beach, Fl. 33444 March 19, 2001 Re: Valencia Court "Waiver" Street Width LDR Section 5.3.1 (14) Dear Mr. Marfino: The site, and Plat plans that have been subnntted to your office regarding "Valencia Court" subdivision indicate the street "right of way" of fifty (50) feet and not the standard sixty (60) feet. See LDR 5.3.1 (14). It is hoped that the P&Z Board will accept flus submission for the following reasons: Germantown Road (of which Valencia Court is adjacent) does not follow the typical East / Westerly direction. In fact, fins road at the juncture of Valencia Court heads in a Northeasterly chrection. This fact has made the subchvision in question to be irregular m shape voth the western boundary being some 66 feet longer than the Eastern boundary. This land contour stresses the limitations of lot size to meet current code guidelines. The proposed street in Valencia Court is less than 200 feet long and serves only three (3) building lots before is jmns the proposed cul-de-sac 2. The street will run parallel to the western boundary of the subdivision of which there are no dwellings or other streets nearby. (Spanish Wells Complex). 3. There is ample room to incorporate all utilities in our proposed fitby (50) foot right- of- way, and access for the City of Delray Beach, and other authorities, to access those utilities. The 10 foot reduction of the street right-of- way, enables these three building lots to be 10 feet longer m depth. This is both aesthetically and financially important to the development of this property to create a six (6) lot subdivision rather than I 1 or 12 apartment rental units as originally planned for this property. 5. This proposed subdivision street does not, or ever will connect to yet another thoroughfare. The street ends in a cul-de-sac "dead end" situation. 6. Since flus street lies adjacent to the western boundary of the subdivision, no other homes or dwelling units may be added All building lots are located to the east side of this street and along the cul-de-sac. Page #2 Waiver Street Width "Valencia Court" In conclusion, our findings indicate that the granting of the requested waiver: A. Shall not adversely affect the neighboring area. B. Shall not significantly diminish the provision of public facilities, C. Shall not create an unsafe situation or, D Does not result in the grant of a special privilege in that the same waiver would be granted under similar circumstances on other property for another applicant or owner. The reduction of the right-of-way to fifty (50) feet has been discussed al length with city engineers and several members of the planmng department,- with no adversity. It is hoped that your department, and the Planning Board will look favorably on this request as the project "as a whole" is a positive for the community, and utilizes the land in question to its most favorable potential. Respectfully Submitted: cc: G. Church P.E. Ron La Sota/ Connie Amps 2235 Rabbit Hollowe Cir. Delray Beach, Fl. 33445 Mr. Daniel Marfino Principal Planner City of Delray Beach 100 N.W 1st Ave Delray Beach, Fl 33444 March 20, 2001 Re: Valencia Court Waiver Sidewalks LDR 6.1.3 Dear Mr. Marfino: We are seeking a waiver to LDR 6.1.3 regarding sidewalks specifically in the cul-de-sac area of Valencia Court subdivision lots g4, #5 and #6 ,for the following reasons: Please note that sidewalks for lots #1, #2 and #3 have been established. 1. The proposed cul-de-sac will serve only three (3) building lots. The subdivision street is located at the extreme western subdivision boundary therefore there are no lots on the ~vestern side of the street. Sidewalks located on the properties adjacent to this cul-de-sac would serve only three dwellings. 2. Because of the extremely low volume of pedestrian traffic ( 6 units in all) the need for sidewalks for "safety" reasons is highly unlikely. 3. S~nce the subdivision is essenually "isolated" from surrounding housing complexes, there will essenually "no outside pedestrian traffic" in Valencia Court. The intention of the subdivision "plat" design allows for each dwelling unit to have room for a back patio and a reasonably sized swimming pool. Aesthetically each dwelling should be as far away from the street pavement giving the appearance of"openness". Lots #1 ,#2,and #3 will be set back from the street the established 25 foot set back plus the swale and sidewalk for a total of a 41 foot set back.. Please note that lots #1, #2 and #3 are 118 feet in depth. If sidewalks are created on the cul-de sac lots which are 100 feet in depth the dwellings built around the cul-de-sac would appear" less open" in that the home would be set back 25 feet from edge of pavement, but only 17 feet from edge of sidewalk (assuming the customary 3 foot grass swale and the 5 foot (60 inch) width of sidewalk. Any further "set back" of a dwelling from the edge of pavement would drastically reduce the space allocated for a back deck and pool. I feel that residents of the cul-de-sac homes would rather have a pool, than a s~dewalk We conclude that the elimination of sidewalks from the cul-de-sac area would: A. Not adversely affect the neighboring areas. B. Shall not significantly diminish the provision of public facilities.: C. Shall not create an unsafe situation Page #2 Valencia Court Waiver Cul-de-sac sidewalks LDR 6.1.3 D. Does not result in a grant of special privilege in that the same waiver would be granted under similar c~rcumstances on other property for another applicant or owner. * Please see attached survey and research material * It is hoped that the Planning and Zoning Board will accept our waiver application. We are trying to develop this parcel so that it is aesthelacally pleasing, and "safe" for its residents. Respectfully Submitted: cc: G Church P.E Mr. Daniel Maffino Principal Planner City of Delray Beach 100 N,W, 1st Ave. Delray Beach, Fl. 33444 March 20, 2001 Dear Mr. Maffino' Ron La Sota / Connie Araps 2235 Rabbit Hollowe Cir. Delray Beach~ Fl. 33445 Re: Valencia Court Waiver Lot #1 Frontage LDR 2.4.7 ( B ) We are seeking a waiver to reduce the frontage of Lot #1 of Valencia Court subdivision from 80 feet as per LDR 2 4.7 ( B ). to 70 feet. The reasons for this request of waiver are as follows: The irregular rhombic shape of the parcel as the result of the Northwesterly direction of Old Germantown Road has posed several problems in developing a plat to precisely conform to the gmdelines and codes as set forth by the city of Delray Beach Planning and Zoning Conmussion. The western boundary of the parcel is some 65 feet shorter in distance than the eastern boundary. The parcel does contain the required square footage to accommodate a six (6) lot subdivision. To achieve ttus however, lot #1 will be short of the otherwise required frontage According to the R-1-A guidelines, a corner lot should have an 80 foot frontage and a depth of at least 100 feet. In addiUon, the lot shall contain a minimum of 7500 square feet of space. This lot, even w~th its reduced frontage, far exceeds all other requirements. The southern boundary is 100 feet in depth, while the northern boundary ~s over 118 feet in depth. The back boundary of this lot is almost 95 feet across, and the lot contains almost 8,300 square feet of space. Lot #l is over 10% larger than required. Although techmcally Lot #1 is a "corner" lot, in reality, it may not be. There exists a "right of way" or buffer zone between the southern boundary of this lot, and Germantown Road. which is 35 feet wide In reality, and for all practical purposes, the actual "frontage" of this "corner" lot may be considered as the sum total of the reduced 70 feet, and the "right of way" of 35 feet, for a total of 105 feet. Any issues of"privacy" or congestion "which I would consider as primary concerns regarding intersections", are clearly addressed by the existence of this 35 foot "right of way". In addition, the southern boundary of lot #1 will incorporate a decorative "privacy" wall which adds to privacy and greatly enhance the subdivisions "street appeal". This reduced frontage plan meets all other essential aspects of established guidelines and does allow for a 90 degree access point from the subdivision street into the driveway of Lot #1. It is our intent to develop this parcel to its fullest potential in a financial, aesthetic, community nunded, and environmental fashion. The optimal way of achieving this is to develop of six (6) lots. or 11 rental umt apartments, as this property is zoned as "Medium De per acre" A remsion to a reduction to 5 lots, or the revamping of the plat to accommoc~.~~,~%~7 apartment scenario, would incur additional engnneefing, surveyor, and architectural . Page #2 Frontage of Lot #1 Waiver We conclude that the reduction of this lot frontage from 80 feet to 70 feet will: A. Not adversely affect the neighboring area. ( This lot will have the largest frontage in the subdivision). B. Shall not significantly diminish the provision of public facilities C. Shall not create an unsafe s~mation D. Does not result in the grant of a ,special privilege in that the same waiver would be granted under similar circumstances on other property for another applicant or owner. In mar),, it is hoped that the Zomng Board will look favorably at this request of waiver so that the community ~ and the environment may prosper Respectfully Submitted: cc: G. Church P.E. Ron La Sota / Connie Amps 2235 Rabbit Hollowe Cir. Delray Beach, Fl. 3345 Mr. Daniel Marfino Principal Planner City of Delray Beach 100 N.W. 1st Ave. Delray Beach. FI. 33444 March 20, 2001 Re: Valencia Court Waiver Cul-de-sac LDR 6.1. I ( B ) Dear Mr. Maffino: We are requesting a waiver regarding the diameter of a cul-de-sac form 90 feet as per LDR 6.1.1 B, to an 80 foot diameter for the following reasons: Because of the northwesterly direction of Germantown Road, the subdivision is of an irregular rhombic shape. Tins creates a challenging scenario for plat design and certain dimensional tolerances, especially the required lot depth of 100 feet to meet R-1-A zoning requirements. The reduction to an 80 foot diameter of the cul-de-sac will enable us to meet the 100 foot depth requirement for the three ( 3 ) building lots that are adjacent to the cul4e-sac. Research had indicawat that public utility vehicles, including fire fighting apparatus which would be summoned to a fire in the subdivision would be able to enter and exit within the 80 foot diameter. It would be expected that the non-commercial or smaller truck would be summoned because of the proximity of the subdiv/sion to a fire station ( less than 1/4/mile away), and because there would be a mammum of 6 dwelhngs in the subdivision. 3. To further insure the accessibility of fire fighting equipment, we will adopt the suggestion of the Fire Department in that there will be no vegetation island within the proposed cul-de-sac. A cul-de-sac situation would appear to be the ideal means of egress and ingress to the subdivision from both aesthetic and convenience standpoints. Alternative options such as a ( turn around T ), or egress from the property through an existing "fire lane" located in adjacent "Spanish Wells" would not be as convement, easy to access, or as aesthetac, as the cul-de-sac method. This parcel is approximately 1.5 acres and is presently zoned ( Medium Density, 8 units per acre). Our intent is to create a six (6) lot subdivision as to insure a return of investment, and of course some profitability. The rejection of tins waiver request to an 80 foot cul-de-sac diameter would result in the ehrmnation of one (1) building lot, and the added expense of additional survey, plat, and engineering costs. We would then seriously reconsider our original plans to construct an eleven ( 11 ) umt rental apartment complex on the subject property A Fire Hydrant has been centrally positioned so that no dwelling is more that 160 feet away from the hydrant. The ~ssue of the cul-de-sac waiver has been discussed and researched by myself and the Fire Department planning division. The results of that research have been favorable. ~,~,,, page//2 Valencia Court Waiver for cul-de-sac reduction LDR 6.1.1.( B ) It is hoped that this request for waiver be accepted by the Planning & Zoning Board, as the project as presented, constitutes the "most appropriate" land use in regards to community planning, aesthetms and desirability. We conclude that the reduction of the cul-de-sac diameter from 90 feet to 80 feet would: A. Not adversely affect the neighboring areas: The alternative T type mm around would be cumbersome and somewhat debilitating. The alternative use of"Spanish Wells" fire lane for fire truck egress "may" have a deleterious effect on "Spanish Wells" B. Shall not significantly dinunish the provision of public facilities: C. Shall not create and unsafe situation: and D. Does not result in a grant of a special privilege in that the same waiver would be granted under similar circumstances on other property for another applicant or owner. See attached survey and research material: Respectfully Submitted cc: G. Church P.E. Ron La Sofa / Connie Araps 2235 Rabbit Hollowe Cir. Delray Beach, F. 33445 Mr Darnel Marlino Pnnmpal ?lanncr City of Dclmy Beach 100NW Is tAre. D~y B~qch. ~ 33444 ~y 15. 200I Re: Valencia Court Waiver Lot it4 Depth D~ar Mi'. Marfino. Wc arc seeking a waiver lo reduce thc "ccnte~oinf' lot depth of lot ~ from !00 fe~t to 97 feat. The l-el4~oll5 ['~r ibis requesz ol'wmvcr from ttxc nor~i~ arc as follows: I Thc ~rregdar rho,nbm shape of 0m subdivision plot as a result of the Northwesterly direction of Gcrmamown Road has posed several problems in developing a plat to precisely conform to lhc guidelines and codes scs for0~ by the City of Delray Beach Planning and Zotfixtg Commission. The wcslcrn houndar.,r m some Gq feet stmrmr tn disc:race than the eastern boundary. The parcel does com;,n thc reqmrcd square Footage Io accommodate a six (6) lot subdivision. To aehic-vc thxs howcx er. thc ccmcrpomt depth of lol ~4 will be 97 feet and not the 100 f~et as Ix:r code. According to R-I-A ~udclmes lot #4 sltotfld be 100 feet in depth. In reality audin calculating a~ area]ge, xt finally ~s more lhan 1o0 feel. iD depth This lo~ boundaries on a cul-de-sac and is therefore trr¢.~tda~ m shape 'D~c qouthern bou,da~' of lot g,4 ,s 118.04 fcet deep and the northern boundary is 106.74 for an average depth of 112 39 feet. Tiffs lot does mee~ the square footage requirement of 7500 square feet ( lhc lot contam.s 7520 sq Il ) and the minimum frontage of 36 feet ( tlxe lot is 72 feet. Ba,scd on lh~e mHculauons wc request thc wan'ct of 97 ~¢t az ccnterpoint. 3 h ,q thc intent of Iht developer to develop dus parcel to its fillies, potential in a financial, aesthetic, commmmy mindcct, and cnmronmcntal manner The optimal way to aclficvc this is either a subdJv~siua ora m,mmum of,, lo~s. or an i ] u,m condo projccL as this parcel is zoned as "Medimn Densi .fy~' g mm, per acre ,'X rev,stoa lo a .q Im rcducuon ar a revamping of the plaI to a Townhouse scenario wa,lid lltct~r adcimonaJ engmccnng, suDcyor, and landscape architectural fees. tt is hoped that thc Zonit~g attd Planning Boards will look favorably at this request of waivex so tttat the COZ~tl~tlintly alld thc C~w~roIIlllCBI may prosper ResI~ctfully Submitted' MEMORANDUM TO: FROM: SUBJECT: MAYOR AND CITY COMMISSIONERS CITY MANAGER ~ AGENDA ITEM # t~r' ~- ' REGULAR MEETING OF JULY 10, 2001 FINAL PLAT APPROVAL/RECTORY PARK DATE: JULY 6, 2001 This ~s before the Commission to approve the final boundary plat for Rectory Park. The project consists of a mixed-use development with residential apartments, retail storefronts and professmnal offices. The project is located on the southwest corner of the intersection of Atlanttc Avenue and Swmton Avenue. All technical and staff comments have been addressed and the plat is ready for approval. Recommend approval of the final boundary plat for Rectory Park. Ref. Agrnemo 10.FmalRectoryPark.07.10.01 City Of Delray Beach - Department of Environmental Services M E M 0 R A N D U M TO: FROM: DATE: SUBJECT: David T. Harden, City Manager Barron E. Caronite, PE, Assistant City Engine~"~ ~-~.~ ,/..-- June 28, 2001 Rectory Park Plat Please find an agenda request for Commission approval of the boundary plat for the Rectory Park Plat attached. I have also enclosed a location map and a reduced copy of the plat. Site plan approval was granted by SPRAB on June 3, 1998. The project consists of a mixed use development with residential apartments, retail storefronts and professional offices. The project is located on the Southwest corner of the intersection of Atlantic Avenue and Swinton Avenue. If this meets with your approval, please place it on the July 10, 2001 Commission meeting for Commission approval. Encl. File: cc; TAC: S:/engadmin/tac/Rectory/agmemo.071001 doc Randall Krejcarek, P.E., City Engineer Dan Marfino, Planmng/Zoning Rectory MAR'fiN WlHER I ~ I i I I I L I a i ATLANTIC AVENUE Z ,.L_ I .1 I1~11 ~~~,,~sE~c~,s,,~,,~~,~.,E~CITY of DELRAY BEACH II ~1 [[Ih---idl I--dl I i LOCATION MAP DATE: 6/28101 RECTORY PARK PLAT ByronSx11.dwg 1 of 1 !:iii [ Request to be placed on: X Regular Agenda Special Agenda Workshop Agenda AGENDA REQUEST Date: June 28, 2001 When: July 10, 2001 Description of item (who, what, where, how much):Approval of the Boundary plat of Rectory Park Plat. ORDINANCE/RESOLUTION REQUIRED: YES/NO DRAFT ATTACHED YES/NO Recommendation: Staff recoq~Ikends approval of th,~ boundary plat Rectory Park Plat. ~ _~~ Department head signature: ~-~' ~ Determination of Consistency with Comprehensive Plan: of City Attorney Review/Recommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): Funding available: YES/NO Funding alternatives (if applicable) Account No. & Description Account Balance City Manager Review: Approved for agenda: Hold Until: Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved cc: tac- Rectory file:s/engadmin/tac/Rectory/ag071001.doc MEMORANDUM TO: FROM: SUBJECT: MAYOR AND CITY COMMISSIONERS CITY MANAGER~_ AGENDA ITEM # ~'/'"- REGULAR MEETING OF JULY 10, 2001 FINAL PLAT APPROVAL/FIDELITY FEDERAL BANK DATE: JULY 6, 2001 This is before the Comrmsslon to approve the final boundary plat for Fidehty Federal Bank. The project consists of the demohtion of the existing Bud's Chicken Restaurant and the construction of a commercial bank budding. The project is located south of SE 1't Street between the Federal Highway pan:s. All techmcal and staff comments have been addressed and the plat is ready for approval. Recommend approval of the final boundary plat for Fidelity Federal Bank. RefAgmemol0.FmalF~dehty FederalBank.07 10 01 City Of Delray Beach Department of Environmental Services M E M 0 R A N D U M TO: FROM: DATE: SUBJECT: David T. Harden, City Manager Barron E. Caronite, PE, Assistant City Enginee~ July 2, 2001 Fidelity Federal Bank - East Delray Plat Please find an agenda request for Commission approval of the boundary plat for the Fidelity Federal Bank- East Delray attached. I have also enclosed a location map and a reduced copy of the plat. Site plan approval was granted by SPRAB on October 25, 2000. The project consists the demolition of the existing Bud's Chicken Restaurant and the construction of a commercial bank building and is located South of SE 1st St. between the Federal Highway pairs. If this meets with your approval, please place it on the July 10, 2001 Commission meeting for Commission approval. Encl. File: cc: TAC: S:/engadmin/tac/Fidelity Federal/agmemo.071001doc Randall Krejcarek, P.E., City Engineer Dan Marfino, Planning/Zoning Fidelity Federal ATLANTIC 1ST N.E, AVENUE L 0 LOCATION MAP FI DELITY FEDERAL BANK EAST DB_RAY I fDATE: 6/28/01 Byron8xl 1 .dwg 1 of 1 Agenda Item No. ~F Request to be placed on: X Regular Agenda Special Agenda Workshop Agenda AGENDA REQUEST Date: June 28, 2001 When: July 10, 2001 Description of item (who, what, where, how much):Approval of the Boundary plat for Fidelity Federal Bank - East Delray. ORDINANCE/RESOLUTION REQUIRED: YES/NO DRAFT ATTACHED YES/NO Recommendation: Staff recommends approval of the boundary plat Fidelity Federal Bank - East De~wr~y Department head signature: DetermSnation of Consistency ~ith Comprehensive Plan: for City Attorney Review/Recommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): Funding available: YES/NO Funding alternatives (if applicable) Account No. & Description Account Balance City Manager Review: Approved for agenda: Hold Until: Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved cc: tac- Fidelity Federal file:s/engadmin/tac/Fidelity Federal/ag071001.doc MEMORANDUM TO: FROM: SUBJECT: MAYOR AND CITY COMMISSIONERS CITY MANAGER ~~rdq AGENDA ITEM # OX/ _ REGULAR MEETING OF JULY 10, 2001 FINAL PLAT APPROVAL/WATERFORD PARK DATE: JULY 6, 2001 Tlus is before the Commission to approve the final sub&vision plat for Waterford Park. The project consists of a 300-umt apartment complex and a 78-umt hotel. The project is located south of the intersection of Lmdell Boulevard and SW 10th Avenue All techmcal and staff comments have been addressed and the plat is ready for approval. Recommend approval of the final subdivision plat for Waterford Park. RefAgmemol0 FmalWaterfordPark 07 10 01 City Of Delray Beach Department of Environmental Services M E M 0 R A N D U M TO: FROM: DATE: David T. Harden, City Manager Barron E. Caronite, PE, Assistant City Engineer~'~~ July 5, 2001 SUBJECT: Waterford Park Please find an agenda request for Commission approval of the subdivision plat for Waterford Park attached. I have also enclosed a location map and a reduced copy of the plat. The project consists the construction of a 300 unit apartment complex and a 78 unit hotel. The project is located just South of the intersection of Lindell Blvd. and SW 10th Avenue. Site plan approval was granted by SPRAB on June 6, 2000 for the 300 unit Alta Meadows apartment complex with approval of the hotel under the original DRI. If this meets with your approval, please place it on the July 10, 2001 Commission meeting for Commission approval. Encl. File: cc; TAC: S./engad min/tac/Waterford/agmemo. 071001doc Randall Krejcarek, P.E., C~ty Engineer Dan Marfino, Planning/Zoning Waterford Village 121 .! ""'"" It,!, !!~ I!~l~ il': 11~1, ~ t~ t tIt i 11 t,~hh~,, dl~ I LIN TON BOULEVARD __ ._, /...:' ~ : : , ,_ .................. ' . "- / ' :4, '- - .- x.,.. ..... /.c.¢2-'" / '~ ~ .-, / ~ E' "' ~" ;' Z__ ~! ~.', '~ ~i ,t //';, d.'~ \, , · , ',, ./ .F~:x - , ,'"/ ,/" , , ',% ."." ..... ', ' U_'_':_-~ ',.'"'" .":-" -- ,.',:..- . ." :,.,.- "~ .... · . ...- .. . ' //,:-'-'~'-':.-- "__ / / x~-~ ~ / / ~ ,,' --'~ ~ I ~/' ; , / _; ~., .,..,., ,-- .............. _.__.:._:._::-:__:.;... ,,,, ~ ,: ~ - ~- ... : -~' "._ L-:....'EE C. L-.7:-_ .............................. , '- .-~ ~'-'- ! ............... ,",. ~!;,x~:.',. ':~: ',:;. - ...... ...... ' ~' '" " " ! i"---' O~ ........., '" ? 'i. ...... ~ ," ...... ,i ." ..................... ,T'- :-...:_~.,,,.__,_. :_ / '-- -J O ~D CITY of DELFIAY BI:::AOH WATERFORB PARI< ENVI~DNMENTAL SEHVICE8 DEPARTMENT LOCATI ON MAP ..,~ .oum ..N~?ON AW.~U~ mU~A',' .r:,~:a ~u:~.m:~ ~*- oo-ooo Agenda Item No. ;~ Request to be placed on: X Regular Agenda Special Agenda Workshop Agenda AGENDA REQUEST Date: July 5, 2001 When: July 10, 2001 Description of item (who, what, where, how much):Approval of the subdivision plat for Waterford Park. ORDINANCE/RESOLUTION REQUIRED: YES/NO DRAFT ATTACHED YES/NO Recommendation: Staff recommends approval of the subdivision plat for Waterford Park. Department head signature: _ Determination of Consistency with Comprehensive Plan: City Attorney Review/Recommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): Funding available: YES/NO Funding alternatives (if applicable) Account No. & Description Account Balance City Manager Review: Approved for agenda: Hold Until: Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved cc: tac- Waterford file:s/engadmin/tac/Waterford/ag071001.doc [ITY OF OELRnY BEfl£H CiTY ATTORNEY'S OFFICE 200 NW 1st AVENUE · DELRAY BEACH, FLORIDA 33444 TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755 Writer's Direct Line: (561) 243-7090 1993 DATE: June 20, 2001 MEMORANDUM TO: FROM: SUBJECT: City Commission David T. Harden, City Manager Monterey House Please find attached a consent to sublease for the property known as the Monterey House. The City currently leases the Monterey House to the Florida Department of State's Division of Historical Resources CFDSHR") for office purposes. FDSHR in turn has subleased a portion of the Monterey House to the Delray Beach Historical Society ("DBHS") also for office purposes. The sublease between FDSHR and DBHS is set to expire in August 1, 2001. The City's lease with FDSHR provides that the City must consent to any sublease of the property. Therefore, the attached consent to sublease would allow FDSHR and DBHS to execute a sublease that would extend their arrangement for a one (1) year term beginning on August 1, 2001. All other terms remain unchanged from the previous sublease that was approved by the City Commission. Both parties have indicated that they find the proposed sublease acceptable. Please do not hesitate to contact me if you should have any questions. By copy of this memorandum to the City Manager, our office would request that this item be placed on the agenda for the July 10, 2001 City Commission meeting. Attachment cc: Barbara Garito, Acting City Clerk CONSENT TO SUBLEASE The undersigned, the CITY OF DELRAY BEACH, a Florida municipal corporation, being the Lessor under that certain agreement dated September 13, 1995, as restated on August 11, 1999, between the CITY OF DELRAY BEACH, and the FLORIDA DEPARTMENT OF STATE, DIVISION OF HISTORICAL RESOURCES, as Lessee, does hereby consent and agree to the sublease between Lessee and the DELRAY BEACH HISTORICAL SOCIETY, for the period described in the sublease as being for a period of one (1) year commencing August 1, 2001, and any renewals provided for in said sublease. IN WITNESS WHEREOF, the undersigned has signed this instrument on this ~ day of July, 2001. ATTEST: By: City Clerk Approve~as to/legal form and Sufficienc}~: ~. By LESSOR: CITY OF DELRAY BEACH, FLORIDA MAYOR SUBLEASE OF THE PROPERTY KNOWN AS THE MONTEREY HOUSE THIS SUBLEASE, made this day of , by and between the FLORIDA DEPARTMENT OF STATE, DIVISION OF HISTORICAL RESOURCES, a political subdivision of the Slate of Florida, party of the first part, and hereinafter called Lessee, and the DELRAY BEACH HISTORICAL SOCIETY, a non-profit corporation, party of the second pan, and hereinafter called the Sub-lessee. WITNESSETH: WHEREAS, the City of Delray Beach owns a certain property as more fully described in Exhibit "A", and leases the property to the Lessee under a restated lease of B , and the property known as the Monterey House, attached hereto as Exhibit" "' WHEREAS, the Lessee seeks to sublet a portion of the property more fully described in Exhibit "A" to Sub-lessee for the purpose of providing Sub-lessee with office space, meeting rooms and venue for public events. NOW, THEREFORE, in consideration of the mutual covenants and promises herein contained, the parties agree as follows: 1. Incorporation of recitals. The Parties hereby represent and warrant that the above recitals are accurate and correct and hereby incorporate them as if fully set forth in this Agreement. 2. Description of Subleased Property. Lessee hereby leases to Sub-lessee, three rooms, designated as the living room~ dining room, and library, on the first floor of the property known as the Monterey House, more fully described in Exhibit "A" attached hereto. Sub-lessee understands and accepts that the use of the leased-property is nonexclusive to the extent that it is subject to unlimited access to the second floor of the property known as the Monterey House via an indoor staircase. 3. Term. The term of this Sublease shall be fir a period of one (1) year commencing August 1, 2001. Upon the expiration of the initial term, this Sublease may be renewed upon the express written agreement of the Lessee and the Sub-lessee, if consent is given by the City of Delray Beach, for successive periods of one (1) year, subject, however, to the continuance of Lessee's lease with th~ City of Delray Beach for the property known as the Monterey House. If the Lessee's lease with the City of Delray Beach shall terminate for any reason, this Sublease between Lessee and Sub-lessee shall terminate therewith. 4. Use of Premises. a. Permitted use. Sub-lessee shall use the leased property for the following purposes: office, meetings, and other public events which carry out the Sub-lessee's business. Sub-lessee agrees to provide furniture and office equipment as needed by Sub-lessee. b. Use of Gallery. With prior notice to and approval from Lessee, Sub- lessee shall be permitted to hold occasional meetings in the Gallery. Sub-lessee's use of the gallery is nonexclusive and subject of the right of the Delray Beach Community Redevelopment Agency which shall also have nonexclusive use of the gallery for occasional meetings. c. Use of handicapped bathrooms. Sub-lessee shall have non-exclusive access to two handicapped bathrooms on the first floor. d. Use of Parking Spaces. Sub-lessee shall have the right to use three parking spaces in the adjacent parking lot out of the nine spaces referenced in the lease between Lessee and the City of Delray Beach. Sub-lessee agrees that its right to use the three parking spaces is nonexclusive and that the City of Delray Beach shall also have the right to use the three spaces for parking when not in use by Sub-lessee and for special events. e. Improvements. Sub-lessee shall make no improvements to the property without the prior written consent of the Lessee and the City of Delray Beach. 5. Rent. Sub-lessee shall pay to Lessee $200 per month for the use of the property, payable on the first day of each month, 6. Utilities. The Lessee shall pay all charges for a security system, pest control, power, water and sewer used in connection with the property. The Sub-lessee shall pay all charges for its own telephone service. 7. Taxes. The Lessee shall pay any ad valorem taxes imposed upon the Property and improvements located thereon during the term of this Sublease. 8. Maintenance. The Sub-lessee shz~ll at all times maintain the leased property in a clean and orderly condition and shall return the property to Lessee at the expiration of this Sublease in such condition, and in good repair, normal wear and tear excepted. Repairs or replacement of structural components, which shall include, but not be limited to, the roof, air-conditioning, plumbing systems and appliances located on the entire property known as the Monterey House shall be the responsibility of Lessee. Sub- lessee agrees that repair or replacement of any such items is in the sole discretion of Lessee and the City of Delray Beach. 9. Assignment/Sublet. Sub-lessee shall not assign, sublet, license or otherwise convey any interest in all or any portion of the property subject to this Insurance. a. Public Liability Insurance. Sub-lessee shall obtain a Public Liability Policy for the leased property in an amount of two million dollars ($2,000,000) covering aggregate claims and in an amount of one million dollars ($1,000,000) for each occurrence. Furthermore, Sub-lessee shall obtain a policy covering Sub-lessee's items of personal property located within the leased premises in an amount of fifteen thousand dollars ($15,000). b. Worker's Compensation Insurance. Sub-lessee shall maintain workers compensation coverage, if required by law, in an amount equal to the statutory limits of employer's liability. c. Additional Insured. The insurance policy obtained by Sub-Lessee shall list the City of Delray Beach and the Lessee as additional insured. d. Certificate of Insurance. Not later than 30 days after Sub-lessee is added to Lessee's Public Liability Policy, the parties shall cause a certificate of insurance to be sent to the City reflecting the addition of Sub-lessee to the policy. 11. Destruction of Property. If the property that is the subject of this Sublease should be destroyed in total or in part, the Lessee shall have the option, with the Sublease. 10. consent of the City of Delray Beach, to continue the Sub-lease or to terminate the Sub- lease by giving Sub-lessor thirty (30) days written notice of such termination. 12. Default and Right of Reentry. In the event that the Sub-lessee shall fail to perform any act required of it under this Sublease or to otherwise comply with any term or provision hereof and such failure shall continue for thirty (30) days or more after written notice given to the Sub-lessee by the Lessee, then the Lessee may terminate this Sublease and the Sub-lessee shall promptly surrender possession and vacate the property, leaving the property in substantially the same condition as existed at the commencement of this Sublease, and the Lessee may, immediately or any time thereafter, enter into the property and repossess the same as of its former estate and expel the Sub-lessee, but without prejudice to any remedies which might otherwise be used by the Lessee for arrears of rent or any other breach of the Sub-lessee's covenants or the waiver of any right of the Lessee. 13. Cancellation. The Lessee and the Sub-lessee each hereby reserve the right to terminate this Sublease at any time in the future (either during the initial term or any renewal), upon sixty (60) days written notice to the other party at the address set forth in this Sublease Agreement. 14. Amendment. No amendment or modification to this Sublease shall be effected unless in writing and signed by both parties hereto. 15. Inspection by Lessee or the City. The Sub-lessee shall permit the Lessee and its agents or representatives, or the City of Delray Beach and its agents or representatives, or both, to enter upon the Property at all reasonable times to examine the condition thereof, and to make any repairs which those parties may see fit to make. 16. To yield up premises. At the expiration of the term of this Sublease', the Sub-lessee shall peaceably yield up to the Lessee the Premises and all buildings thereof, in good repair in all respects, reasonable use and wear and' damage by fire and other unavoidable casualties excepted. 17. Quiet Enjoyment. The Sub-lessee shall peaceably hold and enjoy the subleased property. 18. Equipment and Fixtures. All equipment, furniture, supplies and personal property that are not fixtures installed in the Property by the Sub-lessee shall at all times remain the property of the Sub-Lessee which shall have the right to remove the same from the Property at any time during the term hereof. All fixtures currently existing and any fixtures later installed shall become the property of the City of Delray Beach unless the City orders removal of same. 19. Rules and Regulations. Sub-Lessee acknowledges that Lessee is bound by the rules and regulations of the Delray Beach Historic Homes Property Owners Association and the Block 60 Parking Condominium Association, as may be amended from time to time. Sub-lessee shall cooperate with Lessee to ensure compliance with the rules and regulations applicable to the subject prope~ty. 20. Indemnification. The Sub-lessee covenants that it will save harmless, indemnify and defend the Lessee, its officers, employees, and agents, along with the City of Delray Beach, its officers, employees, and agents, from and against any and all loss, liability or expense that is a result of the Sub-lessee's acts, omissions or negligence which may be incurred by reason of any claim or litigation arising out of or in connection with Sub-lessee's occupancy and use of the subject property, including, but not limited to, any accident with the appliances and fixtures installed by Sub-lessee, or the gas, water or other pipes, or from any damage or neglect by the Sub-lessee arising from or in any way connected with the use, misuse or abuse of all utilities, or from any neglect of the Sub- lessee in not removing foreign objects from the sidewalks, grounds, structure, or roof of the building. 21. Notice. Whenever notice is required hereunder, it shall be by certified mail, return receipt requested, addressed as follows, or delivered by hand to the location as follows until written notice of change of address is given to the other party: Lessee: Sub-lessee: Florida Department of State Division of Historic Resources Palm Beach County Regional Office P.O. Box 1221 20 North Swinton Avenue Delray Beach, FL 33447-1221 Delray Beach Historical Society 20 North Swinton Avenue Delray Beach, FL 33444 22. Number; Gender. As the context herein may require, the singular shall be deemed to include the plural, and the masculine form shall be deemed to include the feminine and neuter. 23. To Bear Risk for Contents. That all building contents and interior improvements of any kind (whether owned by the Lessee, Sub-lessee or City of Delray Beach) that may be on the subject property during the continuance of this Sublease shall be at the sole risk of the Sub-lessee. and that the Lessee or the City of Delray Beach shall not be liable to the Sub-lessee or any other person for any injury, loss or damage to the property or to any person on the property. 24. Not to Injure or Deface. The Sub-lessee covenants that it will not injure. overload or deface, or allow to be injured, overloaded or defaced, the Property or any pan thereof. 25. Other Remedies. Mention in this Sublease of any particular remedy in favor of the Lessee or the City of Delray Beach shall not preciude the Lessee or the City of Delray Beach from any other remedy in law or in equity and shall be in addition to any other remedies conferred upon it by law or in equity. 26. No Waiver. That no assent, expressed or implied, by the Lessee to any breach of this Agreement shall be deemed to be a waiver of any succeeding breach of the same or other covenants. 27. Severability. If any clause, phrase, provision or portion of this Agreement or the application thereof to any person or circumstance shall be held by a court of competent jurisdiction to be invalid or unenforceable under the laws of the State of Florida, or any other pertinent jurisdiction, such event shall not affect, impair or render invalid or unenforceable the application of the remainder of this Agreement or any other clause, phrase, provision or portion hereof to any person or entity in any circumstances. 28. Entire Agreement. This Agreement constitutes the complete understanding and agreement between the parties and supersedes any and all prior oral or written agreements and understandings. IN WITNESS THEREOF, the Lessee and Sub-lessees have set their hands and seals the day and year first above written. Lessee: FLORIDA DEPARTMENT OF STATE DIVISION OF HISTORIC RESOURCES By: Janet Snyder Matthews, Ph.D., Director STATE OF COUNTY OF the corporation. The foregoing instrument was acknowledged before me this 2001, by He/She is personally known to me (type of identification) as identification. day of 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 or has produced Signature of Notary Public-State of Florida Name Typed, Printed or Stamped (SEAL) Sub-lessee: DELRAY BEACH HISTORICAL SOCIETY STATE OF COUNTY OF (SEAL) The foregoing instrument was acknowledged before me this __ day of 2001, by , as the corporation. (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 He/She is personally known to me or has produced . (type of identification) as identification. Signature of Notary Public-State of Florida Name Typed, Printed or Stamped 10 EXHIBIT "A" Lot 12, less the South 4 feet thereof, Block 60, Town of Delray, Florida, as recorded in Plat Book 1, Page 3 of the Public Records of Palm Beach County, Florida RESTATED LEASE OF THE PROPERTY KNOWN AS THE MONTEREY HOUSE THIS RESTATED LEASE is between the CITY OF DELRAY BEACH (the City or Lessor) and FLORIDA DEPARTMENT OF STATE RESOURCES (FDHR or Lessee) is entered into this /// WITNESSETH: DIVISION OF HISTORICAL ~ day o~/,~~9~ , 1999. WI-IEREAS, the Lease dated September 13, 1995 between the City and the entity known as Historic Palm Beach County, Inc. is required to be modified to reflect that the Lessee is the Florida Department of State Division of Historical Resources; and WHEREAS, for ease of future reference, the Lease has been restated as provi'cte'd for herein. NOW, TI-IEREFORE, in consideration of the mutual covenants and promises herein contained, the parties agree as follows: 1. Demise and Description. Lessor hereby leases to Lessee, and Lessee hereby leases from Lessor, that certain property, hereinafter referred to as the "premises," situate in Delray Beach, Palm Beach County, Florida, described as follows: (Attached hereto as Exhibit "A") together with the following described furniture, fixtures, equipment, and other property located in and about the premises, if any: all air conditioning equipment, water heaters, well pumps, and another other mechanical fixtures located on the demised premises; and together with the non exclusive right of and to all easements, rights, privileges and appurtenances thereunto belonging or in any. way appertaining or in any matter connected therewith and relating to the use of the premises included, but not limited to nine (9) parking spaces as shown in property association and condominium documents. 2. Commencement and Term. The term of this Lease shall be for a period of twenty (20) years commencing September 13, 1995 (said date being sometimes hereinafter referred to as the "commencement date" and said month and day being sometimes hereinafter referred to as the Lease "anniversary date"), unless sooner terminated pursuant to the terms herein. Upon the expiration of the initial term, this Lease may be renewed upon the express written agreement of the Lessor and Lessee for successive periods of five (5) years. 3. Use of Premises. It is represented by Lessee that the demised premises will be used for the following purpose(s): office, meetings, and other public events which carry out the Lessee's business. Lessee shall be limited to this use in the absence of Lessor's prior written consent to another use, which may be arbitrarily withheld. -'-' The Lessee understands and agrees that its right to use the second floor room is non- exclusive and that the Delray Beach Community Redevelopment Agency (CRA) shall also have the nonexclusive right to use the second floor room for the lessor of ten (10) years, or the time during which the CRA shall own or occupy the bungalow, located at 24 North Swinton Avenue, adjacent to the subject property. Tt/k Lessee understands and agrees that its right to use the nine parking spaces referred to in Paragraph 1 is non-exclusive and that the City shall also have the right to use the nine spaces for parking when not in use by Lessee and for special events. 4. Rent~ Repair and Replacement; and Initial Landscaping Fee. The fixed annual minimum rent payable by Tenant during the term of this Lease shall be One Dollar ($1.00). Lessee shall also pay a monthly fee in the amount of $230.00 to Lessor payable on the first day of each month,, to cover the estimated cost of repair, and replacement of structural components which shall include, but not be limited to, the roof, air-conditioning and plumbing systems, and appliances, located on the described property. This fee shall be 2 adjusted from time to time in order to create a fund sufficient to cover repair and replacement expenses. The Lessee shall pay to the City $13,500.00 to cover initial landscaping expenses. The payment shall be made as follows: $3,500.00 shall be payable to the City upon the execution of this Lease by the Lessee and the $10,000.00 balance shall be payable in equal installments over a five year period in the amount of $2,000.00 each year, payable by April 1st of each succeeding year, with the f'trst payment due April 1, 1996. 5. Utilities. The Lessee shall pay all charges for telephone, power, water, sewer, gas and any other utilities used in connection with the Property. 6. Taxes. The Lessee shall pay any ad valorem taxes imposed upon the Pf6perty and improvements located thereon during the term of this Lease. The Lessee shall pay any taxes for personal property or improvements owned by the Lessee. 7. Insurance. The Lessee shall pay all premiums and shall maintain and provide insurance for the entire lease term and renewals thereto, in such amounts and under such terms as may be required by Lessor. The Lessor shall review and modify the terms and requirem-~hts of such insurance, if necessary, on a yearly basis. The minimum insurance amounts and terms shall be pursuant to the following requirements: A. Public Liability insurance in coverage limits Insurance: Lessee shall maintain public liability of no less than one million dollars ($1,000,000.00) combined single limit for bodily injury and property damage liability. B. Workers Compensation Insurance: The Lessee shall maintain workers compensation coverage in an amount equal to the statutory limits of employer's liability. 3 C. Professional Liability Insurance: Lessee shall require all design professionals engaged in restoration and/or renovation of the property to have professional liability insurance in an amount acceptable to the Lessor's Risk Manager. D. Additional Insured: The Lessor shall be named as an additional insured on the policy required in Paragraph A. E. Insurance Certificates: The Lessee shall submit insurance certificates evidencing insurance of the type and the amounts above stated or otherwise agreed to be the parties. F. insurance which shall give the Lessor thirty (30) days written notice of cancellation. 8. Alterations and Improvements. The Lessee shall be entitled to make such alterations, changes and improvements to the Property as the Lessee in its discretion deems desirable to carry out its plan for the restoration and development of the Property, and which are consistent with architectural plans and designs as approved by the Lessor (in order to keep the interior and exterior of the property in keeping with its historical purposes) and with the laws ancl-6'rdinances of the State of Florida and the City of Delray Beach. 9. Assignment and Subleasing - Recording. (a) The Lessee may not assign or sublease all or any portion of the Property, to any person, firm, corporation, or other entity, without the prior written approval of the Lessor, which approval shall be in the sole discretion of the Lessor. If approved by the Lessor, the sublease or assignment shall be in writing and expressly be subject to all the terms and conditions of this Agreement and shall conform to all applicable laws, grant requirements and limitations, ordinances and regulations and condominium association, property association documents, rules, regulations and bylaws. Written Notice of Cancellation: The Lessee shall provide certificates of (b) Subparagraph (a) shall not apply to special events or special property uses contemplated in the management agreement or budget, or brief uses of the Property by the public. (c) The Lessee shall not assign any of its rights or obligations under this Lease without the prior written consent of the Lessor. (d) This Lease shall not be recorded. 10. Maintenance . The Lessee shall maintain the leased premises, including but not limited to the heating and air-conditioning equipment and excluding the exterior walls, parking lot, exterior landscaping and irrigation, roof and other structural members of the building in such or better condition as the same were at the commencement of this lea's-e' term or at the renewal thereof, reasonable wear and tear and damage by fire or other unavoidable casualty excepted. It is explicitly agreed that the duty of the Lessee shall include furnishing all necessary janitorial and cleaning services, pest control service, care and maintenance of the structures located on the Property and any interior renovation or redecoration not involving major structural changes. ]]7 Rules and Regulations. Lessee agrees to comply with the maintenance responsibilities and rules and regulations and pay all fees as contained in the association documents, which is estimated to be approximately $295.00 per month at the current time, and as may be amended from time to time. 12. Equipment and Fixtures. All equipment, furniture, supplies and personal property that are not fixtures installed in the Property by the Lessee shall at all times remain the property of the Lessee which shall have the right to remove the same from the Property at any time during the term hereof. 13. Fire or Other Unavoidable Casualty. In case the premises or any part thereof shall at any time during the term of this Lease be destroyed or damaged by fire, act of God or other causes beyond the control of the Lessor, and through no fault or neglect on the part of the Lessor, then the Lessor shall be under no obligation to repair or re-erect the leased structure, provided; however, the Lessor shall refund to the Lessee monies that may be in the repair and replacement fund as set forth in Paragraph 4 which exceeds the City's cost of purchasing the property adjusted for inflation. If the condition of the leased premises should be so rendered unsuitable by the foregoing causes, either party to this Lease Agreement shall have the option to cancel this Lease. Quiet Enjoyment. The Lessee shall peaceably hold and enjoy the---leased 14. premises. 15. Default and Right of Reentry. In the event that the Lessee shall fail to perform any act required of it under this Lease or to otherwise comply with any term or provision hereof and such failure shall continue for thirty (30) days or more after written notice given to the Lessee by the Lessor, then the Lessor may terminate this Lease Agreement and the' L~ssee shall promptly surrender possession and vacate the premises, and the Lessor may, immediately or at any time thereafter, enter into the premises and repossess the same as of its former estate and expel the Lessee, but without prejudice to any remedies which might otherwise be used by the Lessor for arrears of rent or any other breach of the Lessee's covenants or the waiver of any rights of the Lessor. 16. Cancellation. The Lessor and the Lessee each hereby reserve the right to terminate this Lease at any time in the future (either during the initial term or any renewal), upon sixty (60) days written notice to the other party at the address set forth, in this Lease Agreement; provided, however, that in the event of termination by the Lessor, prior to the 6 initial term of the Lease, the Lessor agrees that it shall make reimbursements to the Lessee for any costs for capital expenditure additions to the structure, (less grant funds, bond funds or City funds previously transferred to Lessee), subject to available funding, (but not for regular maintenance or care items) except if such termination be for breach of this Lease Agreement or violation of or failure to comply with any of the covenants set forth herein. 17. Amendment. No amendment or modification to this Lease shall be effected unless in writing and signed by both of the parties hereto. 18. Inspection by Lessor. The Lessee shall permit the Lessor and its agents or representatives to enter upon the Property at all reasonable times to examine the condition thereof, and to make any repairs which it may see fit to make. 19. To Yield Up Premises. At the expiration of the term of this Lease, the Lessee will peaceably yield up to the Lessor the Premises and all buildings thereof, in good repair in all respects, reasonable use and wear and damage by fire and other unavoidable casualties excepted. 20. Indemnification. For additional and separate consideration, receipt of which is hereby acknowledged, the Lessee covenants that it will save harmless, indemnify and defend the Lessor, its officers, employees, and agents, from and against any and all loss, liability or expense that is a result of the Lessee's own negligence which may be incurred by reason of any claim or litigation arising out of or in connection with Lessee's occupancy and use of the leases premises, including, but not limited to, any accident with the appliances and fixtures installed by Lessee, or the gas, water or other pipes, or from any damage or neglect by the Lessee arising from or in any ~vay connected with the use, misuse or abuse of all utilities, or from any neglect of the Lessee in not removing foreign objects from the sidevdalks, grounds, structure, or roof of the building. 21. Notice. Whenever notice is required hereunder, it shall be by certified mail, return receipt requested, addressed as follows, or delivered by hand to the location as follows until written notice of change of address is given to the other party: Lessor: Lessee.' City Manager's Office 100 N.W. 1st Avenue Delray Beach, Florida 33~ Florida Deparunent of State Division of Historic Resources Palm Beach County Regional Office P.O. Box 1221 20 North Swinton Avenue Delray Beach, F1 33447-1221 22. Number; Gender. As the context herein may require, the singular 3'l:ifill be deemed to include the plural, and the masculine form shall be deemed to include the feminine and neuter. 23. To Bear Risk for Contents. That all building contents and interior improvements of any kind (whether owned by the Lessor or Lessee) that may be on the premises during the continuance of this Lease shall be at the sole risk of the Lessee, and that the Lessor shall not be liable to the Lessee or any other person for any injury, loss or damage to the property or to any person on the premises. 24. Not to In, iure or Deface. The Lessee covenants that it will not injure, overload or deface, or allow to be injured, overloaded or defaced, the Property or any part thereof. 25. Other Remedies. Mention in this lease of any particular remedy in favor of the Lessor shall not preclude the Lessor from any other remedy in law or in equity and shall be in addition to any other remedies conferred upon it by law or in equity. 26. No Waiver. That no assent, expressed or implied, by the Lessor to any breach of this Agreement shall be deemed to be a waiver of any succeeding breach of the same or other covenants. 27. Severabilit},. If any clause, phrase, provision or portion of this Agreement or the application thereof to any person or circumstance shall be held by a court of competent jurisdiction to be invalid or unenforceable under the laws of the State of Florida, or any other pertinent jurisdiction, such event shall not affect, impair or render invalid or unenforceable the application of the remainder of this Agreement or any other clause, phrase, provision or portion hereof to any person or entity in any circumstances. 28. Entire Agreement. This Agreement constitutes the complete understanding and agreement between the parties and supersedes any and all prior oral or written agreements and understandings. IN WITNESS THEREOF, the Lessor and Lessees have set their hands and seals the day and year first above written. ATTEST: City. Clerk Approved as to Form: Ci~klorney FLORIDA DEPARTMENT OF STATE DIVI~IxON C~ HISTORIC RESOURCES (SEAL) State of Florida County of R,,k~'~macig Leon The foregoing inslrmnent was aclomwledged before me this 30th day of Direc o-'~6-~-- July , 1999 by James J. Miller, Acting Division (name of officer or agellt, tille of officer or agent) of Division of Historical Resources (name of corporation acknowledging), a Florida State Aqencycorporation (slate or place of incorporation) corporation, on behalf of file corporation. He,tribe is [~ersonall~lll~ or has produced N/A and did (did not) take all oath. (type of identification) as identification Signature of Notary Public-State of Florida Earline M. McCormick Print, Type or Stamp Nmne of Notary Public mome~ay house am¢~Jnt¢ltt.alt 10 EXHIBIT "A" Lot 12, less the South 4 feet thereof, Block 60, Town of Delray, Florida, as recorded in Plat Book 1, Page 3 of the Public Records of Palm Beach County, Florida Delray Beach Police Department 300 West Atlantic Avenue · Delray Beach, Flonda 33444-3695 (561) 243-7888 Fax,(561)243-7816 POLICE LEGAL ADVISOR S OFFICE ~993 MEMORANDUM TO: FROM: City Commission Catherine M. Kozol Police Legal AdvisoH' DATE: June 20, 2001 SUBJECT: District 3 Police Substation Commercial Lease Agreement Attached for your approval are two original commercial lease agreements for the Police Substation located at 600 N. Congress Avenue, #420. The term of the attached lease began January 1, 2000 and will end December 31, 2001. The prior lease term expired in December 2000. Please place this item on meeting. Once the lease signed copy to me. the next Consent Agenda for City Commission has been approved and signed, please forward a If you have any questions, please do not hesitate to contact me regarding this matter. CMK:lbg C: =~.,4t I.;C;;ll~ ~C;II ILL)I /-t~.;I. II I~J r Capt. Lennis Gillard Attachments COMMERCIAL LEASE BY THIS AGREEMENT made and entered into on ~.._, __ ,~-~/ r..JE// between MDN LAKE IDA, INC. herein referred to as Lessor, ti~e CITY OF DELRAY BEACH, herein referred to as Lessee. Lessor leases to Lessee the premises situated at 600 North Congress Avenue in the City of Delray Beach, County of Palm Beach, State of Florida, and more particularly described as follows: 600 North Congress Avenue, #420, Delray Beach Florida 33445, together with all appurtenances, for a term of two (2) years to commence on January 1, 2000 and to end on December 31, 2001 at 11:59 P.M. 1. Rent. Lessee agrees to pay, without demand, to Lessor as rent for demised premises the sum of One Dollar ($1.00) per year upon execution of the agreement and upon the anniversary date of the agreement. Lessee agrees to send payment to 6865 Southwest 18th Street, Suite 10, City of Boca Raton, State of Florida, 33433, or at such other place as Lessor may designate. 2. Quiet Enjoyment. Lessor covenants that on paying the rent and performing the covenants herein contained, Lessee shall peacefully and quietly have, hold, and enjoy the demised premises for the agreed term. 3. Use of Premises. The demised premises shall be used and occupied by Lessee exclusively as a police substation, and neither the premises nor any part thereof shall be used at any time during the term of this lease by Lessee for the purpose of carrying on any business, profession, or trade of any kind, of for any purpose other than as a police substation. Lessee shall comply with all the sanitary laws, ordinances, rules, and orders of appropriate governmental authorities affecting the cleanliness, occupancy, and preservation of the demised premises, and the sidewalks connected thereto, during the term of this lease. 4 Condition of Premises. Lessee stipulates that he has examined the demised premises, including the grounds and all buildings and improvements, and that they are, at the time of this lease, in good order, repair, and a safe, clean, and tenantable condition. 5. Assignment and Subletting. Without the prior written consent of Lessor, Lessee shall not assign this lease, or sublet or grant any concession or license to use the premises or any part thereof. A consent by Lessor to one assignment, subletting, concession, or license shall not be deemed to be a consent to any subsequent assignment, subletting, concession, or license. An assignment, subletting, concession, or license without the prior written consent of Lessor, or an assignment or subletting by operation of law, shall be void and shall, at Lessor's option, terminate this lease. 6. Alterations and Improvements. Lessee shall make no alteration to the buildings on the demised premises or construct any building or make other improvements on the demised premises without the prior written consent of the Lessor. All alterations, changes, and improvements built, constructed, or placed on the demised premises by Lessee, with the exception of fixtures removable without damage to the premises and movable personal property, shall, unless otherwise provided by written agreement between Lessor and Lessee, be the property of Lessor and remain on the demised premises at the expiration or sooner termination of this lease. 7. Damage to Premises. If the demised premises, or any part thereof, shall be partially damaged by fire or other casualty not due to Lessee's negligence or willful act or that of his employee, family, agent, or visitor, the premises shall be promptly repaired by Lessor and there shall be an abatement o~'rent corresponding with the time during which, and the extent to which, the leased premises may have been untenable; but, if the leased premises should be damaged other than by Lessee's negligence or willful act or that of his employee, family, agent or visitor to the extent that Lessor shall decide not to rebuild or repair, the term of this lease shall end and the rent shall be prorated up to the time of the damage. 8. Dangerous Materials. Lessee shall not keep or have on the leased premises any article or thing of a dangerous, inflammable, or explosive character that might unreasonably increase the danger of fire on the leased premises or that might be consider hazardous or extra hazardous by any responsible insurance company. 9. Utilities. The parties hereto agree that due to the fact that the City of Delray Beach Water Utility account and the FPL account for the Premises since the first day of the initial Lease term have been and continue to be in Lessor's name: For the sake of convenience the aforesaid utilities will remain in Lessor's name and that Lessor shall provide Lessee with a monthly invoice which will indicate the amount Lessee owes Lessor for the utilities (75% of the cost thereof). Within ten (10) days of receipt of the invoice, Lessee shall provide Lessor with a check made payable to MDN Lake Ida, Inc. for the amount owed. Lessor agrees to forgive Lessee for past due monthly utility payments, and Lessee's obligation to pay for 75% of all monthly utility costs will commence March 1, 2001 and continue for each month thereafter until the end of the Lease term. 2 10. Maintenance and Repair. Lessee will, at his sole expense, keep and maintain the leased premises and appurtenances in good and sanitary condition and repair during the term of this lease and any renewal thereof. In particular, Lessee shall keep the fixtures in the leased premises in good order and repair; keep the furnace clean; keep the electric bells in order; keep the walks free from dirt and debris; and at his sole expense, shall make all required repairs to the plumbing, range, heating, apparatus, and electric and gas fixtures whenever damage thereto shall have resulted from Lessee's misuse, waste, or neglect or that of his employee, family, agent, or visitor. Major maintenance and repair of the leased premises, not due to Lessee's misuse, waste, or neglect or that of his employee, family, agent, or visitor shall be responsibility of Lessor or his assigns. 11. Animals. Lessee shall keep no domestic or other animals on or about the leased premises without the written consent of Lessor. 12. Right of Inspection. Lessor and his agents shall have the right at all reasonable times during the term of this lease and any renewal thereof to enter the demised premises for the purpose of inspecting the premises in all buildings and improvements thereon. 13. Display of Signs. During the last 30 days of this lease, Lessor or his agent shall have the privilege of displaying the usual "For Sale" or "For Rent" or "Vacancy" signs on the demised premises and of showing the property to prospective purchasers or tenants. Lessee shall be allowed to display signs identifying the unit as a Police Sub-station during the period of the lease. 14. Subordination of Lease. This lease and Lessee's leasehold interest hereunder are and shall be subject, subordinate, and inferior to any liens or encumbrances now or hereafter placed on the demised premises by Lessor, all advances made under any such liens or encumbrances, the interest payable on any such liens or encumbrances, and any and all renewals or extensions of such liens or encumbrances. 15. Holdover by Lessee. Should Lessee remain in possession of the demised premises with the consent of Lessor after the natural expiration of this lease, a new month-to-month tenancy shall be created between Lessor and Lessee which shall be subject to all the terms and conditions hereof but shall be terminated on thirty (30) days written notice served by either Lessor or Lessee on the other party. 16. Surrender of Premises. At the expiration of the lease term, Lessee shall quit and surrender the premises hereby demised in as good state 3 and condition as they were at the commencement of this lease, reasonable use and wear thereof and damages by the elements excepted. 17. Default. If any default is made in the payment of rent, or any part thereof, at the times hereinbefore specified, or if any default is made in the performance or of compliance with any other term or condition hereof, the lease, at the option of Lessor, shall terminate and be forfeited, and Lessor may re-enter the premises and remove all persons therefrom. Lessee shall be given written notice of any default or breach, and termination in forfeiture of the lease, shall not result if, within thirty (30) days of receipt of such notice, Lessee has corrected the default or breach or has taken action reasonably likely to effect such correction within a reasonable time. Likewise, if any default is made in the performance of or compliance with any other term or condition hereof, the lease at-the option of Lessee shall terminate and be forfeited, and Lessee may vacate the premises and remove all persons and personal property therefrom. Lessor shall be given written notice of any default or breach, and termination in forfeiture of the lease, shall not result if within thirty (30) days of receipt of such notice, Lessor has corrected the default or breach or has taken action reasonably likely to effect such correction within a reasonable time. 18. Abandonment. If at any time during the term of this lease Lessee abandons the demised premises or any part thereof for a period of thirty (30) days or more, Lessor may, at his option, enter the demised premises by any means without being liable for any prosecution therefor, and without becoming liable to Lessee for damages or for any payment of any kind whatever, and may, at his discretion, as agent for Lessee, relet the demised premises, or any part thereof, for the whole or any part of the then unexpired term, and may receive and collect all rent payable by virtue of such reletting. If Lessor's right of re-entry is exercised following abandonment of the premises by Lessee, then Lessor may consider any personal property belonging to Lessee and left on the premises to also have been abandoned, in which case Lessor may dispose of all such personal property in any manner Lessor shall deem proper and is hereby relieved of all liability for doing so. 19. Binding Effect. The covenants and conditions herein contained shall apply to and bind the heirs, legal representatives, and assigns of the parties hereto, and all covenants are to be construed as conditions of this lease. 20. Other Terms: A. Sovereign Immunity. Nothing herein shall be shall be deemed a wavier of the city's sovereign immunity as set forth in Florida Statute 768.28. B. Repairs Prior to Enter. Lessor shall be responsible for all repairs, and establishing the premises in good condition on the interior prior to entry, by Lessee. The Lessor shall be responsible for all repairs and establishing the premises in good condition on the exterior, prior to entry by Lessee. C. Lease Termination. Either party may terminate this lease without cause on 30 days notice, in writing, to the other party. If the Lessor elects to terminate the lease pursuant to this section, Lessor agrees to assume all costs for vacating the premises, including Lessee's costs, which costs will not exceed $1,000.00. D. Subordination. Lessee hereby agrees that this lease is and shall be subject to and subordinate to the lien of any mortgaged(s), and/or the lien resulting from any other method of financing or refinancing, which now or subsequently may encumber the land and buildings of which the premises are a part or upon any buildings hereafter placed upon the land of which the premises are a part, and to all term, conditions, and provisions thereof, to all advances made or to be made upon the security thereof, and to any renewals, extensions, modifications or replacements thereof. Lessee further agrees that this Section shall be self-operative, without any further instrument, such as a subordination agreement being required, however, Lessee agrees to promptly execute and deliver to Lessor, within five days of Lessor's request, any independent instrument or instruments evidencing such subordination, in a form and content which may be satisfactory to Lessor's mortgagee(s), and, in default of Lessee's so doing, Lessor is hereby empowered to execute such instrument(s) in the name of Lessee and as the act and deed of Lessee, this authority being hereby declared to be coupled with an interest and irrevocable. Lessee further agrees that Lessee shall, from time to time during the original or any renewal term thereof, promptly execute and deliver to Lessor, within five days of Lessor's request, a statement certifying that this lease is in full force and effect, the date through which other charges hereunder have been paid, and/or any other factual matters requested by the Lessor; in default of Lessee's so doing, Lessor is hereby empowered to execute such statement in the name of Lessee and as the act and deed of Lessee, this authority being hereby declared to be coupled with an interest and irrevocable. In the event any proceedings are brought for the foreclosure of, or in the event of exercise of power of sale under, any mortgage(s) made by the Lessor covering the premises or in the event a deed in lieu of foreclosure of any such mortgage, Lessee shall attorn to the purchaser, or grantee, in lieu of foreclosure, upon any such foreclosure or sale and recognize such purchaser, or grantee in lieu of foreclosure, as the Lessor under this lease. E. Insurance. To the extent permitted by law, Lessor shall be held harmless by Lessee from any liability for damages to any person or any property in or upon the premises including the person or property of the Lessee and its employees and all persons in the premises at its or their invitation, unless such damage is caused by the negligence, malicious acts and/or willful or wanton acts of Lessor's employees, agents, officers and/or officials. This provision shall not waive the City's rights and privileges granted to its pursuant to Florida Statute 768.28. All property kept, stored or maintained on the premises shall be done so at the risk of Lessee only. Upon completion of any work permitted to be performed by Lessee under this lease, Lessee shall furnish Lessor with waivers and affidavits confirming that all contractors, subcontractors, laborers and material men who have performed work on the premises or supplied materials incorporated in the premises have been paid in full. Such waivers and affidavits shall be in form acceptable to the Lessor and in accordance with the applicable Florida Statutes. Notwithstanding any other provision in this lease to the contrary, the Lessee shall have no power or authority to permit construction, mechanic's material men's or other liens to be placed upon the leased property in connection with maintenance, alterations, modifications or otherwise. The interest of the Lessor shall not be subject to liens for improvements made by the Lessee. The Lessor shall not be liable for any work, labor or materials furnished to the premises by or through the Lessee or anyone claiming through the Lessee. No construction liens or other liens for any such work, labor or materials shall attach or affect the interest of the Lessor in and to the premises. The Lessor intends to record a notice as set forth in Section 713.10 of the Florida Statutes. In the event the foregoing exemption from the Florida Lien Law is held invalid for any reason by a Court of competent jurisdiction, or in the event the Lessor has not fully complied with the provisions of Section 713.10, Florida Statutes, to perfect such exemption, and should construction liens or claims thereof be filed against the premises or any portion thereof, and/or any portion of the development owned by Lessor in which the premises are located by reason of Lessee's acts or omissions or because of a claim against the Lessee, the Lessee shall cause the lien to be canceled and discharged of record by bond or otherwise within ten days and after receipt of notice from the Lessor. Should the Lessee fail to cause such lien to be so discharged or bonded, the Lessee shall be in default under this lease, and the Lessor may exercise any remedy provided hereunder with respect to a default upon the part of Lessee or in lieu thereof may, with the 60 days next following the Lessee's failure, discharge the same by paying the amount so paid and all costs and expense incurred by the Lessor, including reasonable attorneys' fees, in processing such discharge. IN WITNESS WHEREOF, the parties have executed this lease at City of Delray Beach, Florida, day and year first above written. 6 MDN LAKE IDA, INC. a Florida ~.~ion Print Name:~g~'V2 (CORPORATE SEAL) STATE OF FLOR1DA~ ~ cou,w o. ! , ,.,The foregoing instrument was acknowledged before me thi~ day of , ,-~./ by , (name of officer or agent, title o~ o~er or agent) of MDN LAKE IDA, INC., a FLORIDA (state or place of inc~~lf of the corporation. ,,' .. Elaine Valenti - ~-~ ,~ignature ~)~ .,~i:~,~ State of Print, Type or Stamp Name of Notary Public By: City of Delray Beach, Lessee by Mayor Jay Alperin MDN LAKE IDA, INC., Lessor ATTEST: City Clerk Approved as to form and Legal Sufficiency: City Attorney - Delray Beach DISTRCT1 doc/doc/agreemen/substlea 7 [IT¥ DF DELRI:I¥ BEI:IgH DELRAY BEACH 1993 100 N.W. 1st AVENUE MEMORANDUM DELRAY BEACH, FLORIDA 33444 561/243-7000 TO: David T. Harden, City Manager FROM: ~/Robert A. Barcinski, Assistant City Manager DATE: July 3, 2001 SUBJECT: AGENDA ITEM ~' ~T- CITY COMMISSION MEETING JULY 10, 2001 APPROVAL - FUNDING AGREEMENT/PALM BEACH COUNTY ACTION City Commission is requested to approve a funding agreement with Palm Beach County in the amount of $25,000 for the April 7, 2001, JP Morgan Chase Tennis Challenge. BACKGROUND Funding was committed for this year's event to pay the $25,000 cash commitment per the contract between the City and the OWL Foundation by County Commissioners Addie Greene and Burr Aaronson from the County Recreation Assistance reserves. Attached is the standard form funding agreement between the City and Palm Beach County for this year's event. The agreement has been approved to form by the City Attorney. RECOMMENDATION Staff recommends approval of the funding agreement between the City and Palm Beach County in the amount of $25,000 for the April 7, 2001 JP Morgan Chase Tennis Challenge. RAB/gb Attachment Pnnted on Recycled Paper THE EFFORT ALWAYS MATTERS ,JUN /\ ~ Department of Parks and Recreation 2700 6th ^venue South Lake Worth, FL 33461 (561) 966-6600 Fax (561) 642-2640 www pbcgov corn Palm Beach County Board of County Commissioners Warren H Newell. Chmrrnan Carol A Roberts. V~ce Chmr Karen T Marcus Mary McCarty Burr Aaronson Tony Mas~lotn Addle L Greene County Administrator Robert Wmsman "An Equal Opportumty Affirmative Action Employer" ~ pnnted on recycled paper June 19,2001 Mr. Bob Barcinski, Assistant Ci~ Manager Ci~ of Delray Beach 100 N.W. 1~ Avenue Delray Beach, FL 33444 RE: PALM BEACH COUNTY DISTRICT 5 AND 7 RECREATION ASSISTANCE PROGRAM FUNDING FOR THE ,JP MORGAN TENNIS CHALLENGE Dear Mr. Barcinski: Attached for execution on behalf of the City of Delray Beach are two originals of an Agreement for funding in an amount up to $25,000 to help offset costs paid by Delray Beach for the JP Morgan Tennis Challenge to benefit the OWL Foundation held at the Delray Beach Tennis Center on April 7, 2001. The Agreement provides for the reimbursement of expenses subsequent to April 4, 2001, subject to Board approval. This funding is being provided from District 5 ($10,000) and District 7 ($15,000) Recreation Assistance Program reserves. Please return both complete originals of the Agreement to me after execution by Delray Beach, and I will place them on the agenda for approval by the Board of County Commissioners. When you return the agreements, please also include the required insurance certification (i.e., an insurance certificate or statement of self insurance written by Delray Beach's Risk Manager) as delineated on Page 3, Section 7 of the Agreement. Reimbursement for this completed Event will be provided upon execution of the Agreement by the City and the County and upon submission of the required reimbursement documentation as delineated in the Agreement, which should be submitted after the Agreement has been approved. If you have any questions on the Agreement, please call Susan Yinger, Contract/Grant Coordinator, at 966-6653. We are pleased to be able to assist the City of Delray Beach in helping offset costs for the JP Morgan Tennis Challenge. Sincerely, Dennis L. Eshleman, Director Parks and Recreation Department DLEISWY Attachment Copy to: Commissioner Burr Aaronson, District 5 Commissioner Addie L. Greene, District 7 Rebecca S. O'Connor, Treasurer, City of Delray Beach Mike Martz Bill Wilsher AGREEMENT BETWEEN PALM BEACH COUNTY AND THE CITY OF DELRAY BEACH FOR FUNDING OF THE JP MORGAN CHASE TENNIS CHALLENGE BENEFIT THIS AGREEMENT is made and entered into on , by and between Palm Beach County, a political subdivision of the State of Florida, hereinafter referred to as "County", and the City of Delray Beach, a Florida municipal corporation, hereinafter referred to as "Delray Beach". WITNESSETH: WHEREAS, Delray Beach owns the Delray Beach Tennis Center, which is located on N.W. 3rd Avenue in Delray Beach; and WHEREAS, Delray Beach sponsored the JP Morgan Chase Tennis Challenge Event (Event) featuring Venus and Serena Williams on April 7, 2001; and WHEREAS, the Event was attended by 4,500 people from throughout the County, and WHEREAS, ticket proceeds benefitted the Oracene Williams Learning Foundation (The OWL Foundation), whose mission is to fund education programs for individuals who need specialized education programs; and WHEREAS, the Event was created and managed by C & H Events, Inc., at a cost of approximately $33,187; and WHEREAS, Delray has requested that County provide $25,000 to help offset costs for said Event to benefit the OWL Foundation, to include costs for the creation and management of the Event paid to C & H Events; and WHEREAS, funding for said Event in an amount not to exceed $25,000 is available from District 5 ($10,000) and District 7 ($15,000) Recreation Assistance Program reserves; and WHEREAS, the Event was open to and benefitted all residents of Palm Beach County; and WHEREAS, both parties desire to enter into this Agreement. NOW THEREFORE, in consideration of the covenants and promises contained herein, the parties hereby agree to the following terms and conditions: 1. On April 7, 2001, Delray Beach held the JP Morgan Tennis Challenge Event to benefit the OWL Foundation, with expenses including costs paid to C & H Events to create and manage the Event, as specifically set forth in "Exhibit A" attached hereto and incorporated herein. 2. County agrees to fund an amount not to exceed $25,000 on a reimbursement basis to Delray Beach for the Event as delineated in "Exhibit ^", attached hereto and incorporated herein. 3. County will use its best efforts to provide said $25,000 to Delray Beach on a reimbursement basis within forty-five (45) days of receipt of the following information: a. A wdtten statement that the Event has been completed; and b. A Contract Payment Request Form and a Contractual Services Purchases Schedule Form, attached hereto and made a part hereof as "Exhibit B", which are required for each and every reimbursement requested by Delray Beach. Said information shall list each invoice as paid by Delray Beach and shall include the vendor invoice number; invoice date; and the amount paid by Delray Beach along with the number and date of the respective check for said payment. Delray Beach shall attach a copy of each vendor invoice paid by Delray Beach along with a copy of the respective check and shall make reference thereof to the applicable item listed on the Contractual Services Purchases Schedule Form. Further, Delray Beach's Project Administrator and Project Financial Officer shall certify the total funds spent by Delray Beach on the Project and shall also certify that each vendor invoice as listed on the Contractual Services Purchases Schedule Form was paid by Delray Beach as indicated. c. The Event was initiated by Delray Beach on April 4, 2001. Those costs incurred by Delray Beach subsequent to the date of said Event initiation are eligible for reimbursement by County pursuant to the terms and conditions hereof. d. Recreation Assistance Program and Bond funds may be used as a match for other local, State, or Federal grant programs, but Delray Beach may not submit reimbursement requests for the same expenses to the County or other funders to receive duplicate reimbursement for the same expenses. 4. Delray Beach warrants that it has completed the Event and will provide accounting data and a reimbursement request to County for same on or before September 30, 2001. 5. The term of this Agreement shall be until September 30, 2001. 6. Delray Beach warrants that the Project described in "Exhibit A", attached hereto and made a part hereof, was open to the general public on a non-discriminatory basis regardless of residency, race, color, religion, disability, sex, age, national origin, ancestry, marital 'status, or sexual orientation. 7. Prior to execution of this Agreement by the County, Delray Beach shall provide either a certificate evidencing insurance coverages as required herein or a statement of self insurance from Delray Beach's Risk Manager. Delray Beach shall, during the term of this Agreement, maintain in full force and effect self insured or commercial general liability insurance, including contractual liability and completed operations liability, in the amounts specified in Section 768.28, Florida Statutes, to specifically cover all exposures associated with the Project and terms and conditions of this Agreement. Where permissible with respect to the above coverages, such policy shall include Palm Beach County as additional insured and shall contain a clause providing the County with at least thirty (30) days prior notice in the event of cancellation, non-renewal, or material adverse change in coverage. Compliance with the foregoing requirements shall not relieve Delray Beach of its liability and obligations under this Agreement. Delray Beach agrees to indemnify, defend, and hold harmless the County for any liability arising out of any negligent act or omission of Delray Beach to the extent the insurance described in this paragraph fails to cover the County. Nothing in this paragraph shall constitute a waiver of either party's sovereign immunity beyond the limits set forth in Section 768.28, Florida Statutes. Delray Beach shall maintain, during the life of this Agreement, adequate Workers' Compensation Insurance and Employer's Liability Insurance in at least such amounts as are required by law for all of its employees providing services in accordance with this Agreement. 8. Delray Beach shall maintain books, records, documents, and other evidence which sufficiently and propedy reflect all costs of any nature that were expended in the performance of this Agreement for a period of not less than five (5) years. Upon advance notice to Delray Beach, County shall have the right to inspect and audit said books, records, documents, and other evidence dudng normal business hours. 9. The County and Delray Beach agree that this Agreement sets forth the entire agreement between the parties and that there are no promises or understandings other than those stated herein. None of the provisions, terms and conditions contained in this Agreement may be added to, modified, suspended or otherwise altered, except by written instrument executed by the parties hereto. 10. The parties may pursue any and all actions available under law to enforce this Agreement including, but not limited to, actions arising from the breach of any provision set forth herein. 11. This Agreement shall be governed by the laws of the State of Florida, and any and all legal action necessary to enforce this Agreement shall be held in Palm Beach County. 12. Any notice given pursuant to the terms of this Agreement shall be in writing and hand delivered or sent by U.S. Mail. All notices shall be addressed to the following: As to the County: Director of Parks and Recreation Palm Beach County Parks and Recreation Department 2700 Sixth Avenue South Delray Beach, Florida 33461 As to the City of Delray Beach: City Manager City of Delray Beach 100 N.W. 1't Avenue Delray Beach, Florida 33444 IN WITNESS WHEREOF, the undersigned parties have signed this Agreement on the date first above written. ATTEST: DOROTHY H. WILKEN, Clerk PALM BEACH COUNTY, FLORIDA, BY ITS BOARD OF COUNTY COMMISSIONERS By: By: Deputy Clerk Warren H. Newell, Chairman ATTEST: By: City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY By: County Attorney CITY OF DELRAY BEACH, BY ITS CITY COUNCIL By: Mayor APPROVED ASTO TERMS AND CONDITIONS By: Dennis L. Eshleman, Director Parks and Recreation Department I. The JPMorgan Chnse Tennis Challenge Hosted by: Oracene W"flliams Beneficiary: The Oracene Williams Learning Foundation (The OWL Foundation) whose mission is to fund education programs for individuals who need specialized education programs. Cre~ted and Managed by: Sports+Plus and C & H Events, Inc. Site: The DeL, ay Beach Tennis Center Delmy Beach, Florida Date: April 7, 2001 Attendance: 4,500 Television Coverage: A two-hour live program was broadcast live in Florida on the Sunshine Network, in Mid-Atlantic region on Comcast SportsNet and throughout New England on NESN. The event was shown via tape delay throughout the country and internationally on regional sports cable networks to include Madison Square Garden Network, FOX Sports Net Rocky Mountain, Super Sport and ESPN/STAR. Nationally the event will be available to 25% of the country. Internationally the event was available throughout Asia and Africa. Media Exposure: Event Schedule: The event received exposure regionally and nationally in newspapers, all local television networks, radio, Internet, regional and national tennis publications and local interest publications. (Media Summary to be Completed) Friday, April 6 Saturday, April 7 7:00 pa~. - 10:00 p.m. 9:00 a.m. - 10:00 a.m. 10:00 a.m. - 12:00 p.m. 12:30 p.m. 2:00 p.m. 3rd Match Player/Sponsor Party Sponsor Clinic Reebok/USA Tennis Carnival Andy Roddick vs. Justin Gimelstob Venus vs. Serena Williams Sisters vs. Jensen Brothers Susan Yinger - OWLexhibit.doc Page 1 Proposal: City of Delray Beach - Owl Foundation/IP Morgan Chase Tennis Challenge Held on April 7, 2001. The follov~ng table shows the City's expense relative to the Owl Foundation/JP Morgan Chase Tennis Challenge. PROJECT BUDGET C&H/Owl Foundation $ 25,000.00 Overtime: Police 3~049.32 Fire 738.81 Public Works 3,876.42 Total Overtime 7,664.55 Eqmpment/Facility Use 522.20 TOTAL: $ 33~186.75 Exhibit A CONTRACT PAYMENT REQUEST Grantee Billing # (Date) Project Billing Period Item Contractual Service Salary and Wages ( % of Salaries) Materials, Supplies, Direct Purchases Grantee Stock Equipment Travel Donated Real Property Indirect Costs TOTAL PROJECT COSTS Certification: I hereby certify that the above expenses were incurred for the work identified as being accomplished in the attached progress reports. Project Costs This Billing Cumulative Project Costs Certification: I hereby certify that the documen- tation has been maintained as required to support the project expenses reported above and is avail- able for audit upon request. Admi nistrator/Date Financial Officer/Date PBC USE ONLY County Funding Participation Total project costs to date County obligation to date County retainage (.__%) County funds previously disbursed County funds due this billing Reviewed and Approved by: $ $ $ ( ( $ PBC Project Administrator/Date Department Director/Date 1 OF2 MEMORANDUM TO: FROM: SUBJECT: MAYOR AND CITY COMMISSIONERS CITY MANAGEP~ AGENDA ITEM ff'/~' - REGULAR MEETING OF JULY 10, 2001 SERVICE AUTHORIZATION #99-03/LAWSON, NOBLE & WEBB AREA III/NW 13TM & NW 14TM AVENUE) DATE: JULY 9, 2001 (SW This is before the City Commission to approve Service Authorization #99-03 in the amount of $66,677.26 with Lawson, Noble & Webb, Inc. for preliminary and final design services associated with the improvements on SW 15m Avenue, SW 13~ Avenue, (SW Area III) and NW lYh Avenue, NW 14~h Avenue and the retention pond at NW 15m Avenue and NW 3rd Street. This project is part of the 2000 Capital Improvement Plan. In general, the scope of the project indudes water main upgrades, tie-ins, stub-outs, services, swales, fire hydrants and drainage improvements. Funding will be from 442-5178-536-65.59 (W&S Renewal & Replacement/SW Area III/NW 13th & 14m Avenue). Recommend approval of Service Authorization #99-03 with Lawson, Noble & Webb for professional services related to the SW Area III and NW 13e and NW 14th Avenue Improvement projects. (MODIFIED FUNDING 7-9-01) Ref'~gmemo 16.ServiceAuth.//99-03.Lawson Noble. SWAreaIII&NW13th & NW14thImp07.10.01 Garito, Barbara From: Sent: To: Cc: Subject: Owens, Maureen Tuesday, July 10, 2001 10:21 AM Garito, Barbara Hasko, Richard; Krejcarek, Randal SW AREA Ill-LAWSON ,NOBLE ,& WEBB INC. Please change the account n-m~er for the agenda item being requested for approval by the City Commission (meeting July 10, 2001). Service Authorization(#99-03) for the preliminary and final design for improvements including the water main upgrades and drainage improvements to be done by Lawson, Noble & Webb, Inc. for SW Area III, NW 13th & 14th Ave (Project #2001-48). Please change the account n~m~er from 370-3162-541-65.59 to 442-5178-536-65.59 for $66,677.26. A budget transfer for $176,299 is being processed to provide funds the needed for this project. Please call or e-mail if you have any questions. MEMORANDUM TO: FROM: SUBJECT: MAYOR AND CITY COMMISSIONERS CITY MANAGER ~ AGENDA ITEM ~ ~'- REGULAR MEETING OF JULY 10, 2001 SERVICE AUTHORIZATION #99-0S/LAWSON, NOBLE & WEBB III/NW 13TM & NW 14TM AVENUE) (SW AREA DATE: JULY 6, 2001 Thxs is before the City Comvcassxon to approve Service Authorxzauon #99-03 ~n the amount of $66,677.26 w~th Lawson, Noble & Webb, Inc. for prelirmnary and final design services associated xmth the maprovements on SW 15th Avenue, SW 13th Avenue, (SW Area III) and NW 13th Avenue, NW 14th Avenue and the retentton pond at NW 15th Avenue and NW yd Street. Thxs prolect ~s part of the 2000 Capital Improvement Plan. In general, the scope of the project mcludes water maxn upgrades, ueqns, stub-outs, servxces, swales, fire hydrants and dramage tmprovements. Funchng will be from 370-3162-541-65.59 (SW Area III/NW 13th & 14th). Recommend approval of Service Authorizatton #99-03 w~th Lawson, Noble & Webb for professional services related to the SW Area III and NW 13th and NW 14th Avenue Improvement projects Ref'Agmemol 6 SermceAuth.#99-03 Lawson Noble SWArealII&NW13th & NW14thlmp07 10 01 City Of Delray Beach Department of Environmental Services M E M 0 R A N D U M TO: THROUGH: FROM: David T. Harden, City Manager Randal Krejcarek, P.E., City Engineer William A. Grieve, E.I., Civil Engineer DATE: July 5, 2001 SUBJECT: SW Area III, NW 13th and NW 14t" Avenue Project # 2001-048 Commission Agenda Item Service Authorization # 99-03 with Lawson, Noble & Webb, Inc. Attached is the agenda item for Commission approval/authorization for the Mayor to execute Service Authorization # 99-03 with Lawson, Noble & Webb, Inc. This Service Authorization covers the Preliminary and Final Design Phases for improvements on SW 15th Avenue, SW 13th Avenue, NW 13th Avenue, NW 14th Avenue and Retention Pond at NW 15thAvenue/NW 3r~ Street. These improvements include: · water main upgrades, tie-ins, stub-outs, services, and fire hydrants · drainage improvements The attached maps show the project location. Total cost for this Service Authorization is $66,677.26 Funding is available from account # ".".2 5",7~-$35-$5.5C. ~'-tO---~ol L,9_--~q- ~.- ~% ,~ ~ If this meets with your approval, please place this item on the July 10, 2001 Commission meeting.-"' ........ enc cc: Richard Hasko, P.E., Director of Env. Svcs. Joseph Safford, Finance Director I~ESSRVOO2~DEPARTMENTS~EngAdminV=rojects~2001t2001-O48~OFFIClAL~agendamemo7-10-01 doc City Of Delray Beach 2000 Capital Improvement Plan SW Area 3 FY 2000-2001 to FY 2004-2005 Environmental Services Department 434 South Swinton Ave 561-243-7322 ~ J [ I l__11 I L__IL__J I I L__J A T L A N T ~ C ,/ A VEN E -- 2ND ST AUBURN CfFfCL£ NORTH t N · SW 13th Ave-3rd to W. Atlantic · SW 15th Ave-3rd to 2nd St. · SW 15th Ave-6th to 4th St. S ~EngAdmmtProjects12000~2000-O44~LettersWW 18 Ave tofo doc January 25, 2001 Page 3 of 26 City Of Delray Beach 2000 Capital Improvements Plan NW 13th/NW 14th Drainage Improvements Fy 2000-2001 to Fy 2004-2005 Environmental Services Department 434 South Swinton Ave 2NO A T L A HTt C / It 1 I ti z 1ST ST AVENUE 561-243-7322 · NW 13th Ave. - W. Atlantic Ave. to NW 2"d St. · NW 14th Ave. - W. Atlantic Ave. to NW 3rd St. (Water Main Fund 442) S '~ngAdmtng°toiectst200012000-O44~ette~sWl~ 15 A~e Jrtfo doc Januat~ 25, 200f Page 3 of 16 EXHIBIT A CONSULTING SERVICE AUTHORIZATION PROJECT NUMBER 2001-048 DATE: SERVICE AUTHORIZATION NO. CITY P.O. NO. TITLE: FOR CONSULTING SERVICES CITY EXPENSE CODE SW Area Improvements Phase III, NW 13th & 14th Avenues This Service Authorization, when executed, shall be incorporated in and shall become an integral part of the Contract. TITLE: Agreement for General Consulting Engineering Services I PROJECT DESCRIPTION Southwest 13th Avenue (SW 3rd Street to Alley South of Atlantic Avenue) · Design for abandonment of existing 2" watermain & construction of an 8" watermain. · Reconstruct swales on both sides of the street. Alley South of Atlantic Avenue (Southwest 13th Avenue to Southwest 12th Avenue) · Design for abandonment of existing 2" watermain & construction of an 8" watermain. · Reconstruct swales on both sides of the alley. Southwest 15m Avenue (Southwest 3rd Street to end of Street) · Location map & specifications for verification of service connections to existing 8" watermain, and connect if required. Northwest 13m Avenue (Alley South of NW 1~ Street to NW 2nd Street) · Design for abandonment of existing 2" watermain & construction of an 8" watermain. · Reconstruct swales on both sides of the street. Alley South of Northwest Ist Street (NW 13th Avenue to NW 12th Avenue) · Design for abandonment of existing 2" watermain & construction of an 8" watermain. · Reconstruct swales on both sides of the alley. Northwest 14th Avenue (End of Street to Northwest 3rd Street) · Design for abandonment of existing 2" watermain & construction of an 6" watermain from the end of street to Northwest 1st Street · Design for abandonment of existing 3" watermain & construction of an 8" watermain from Northwest 1st Street to Northwest 2n'~ Street · Design for a new 8" watermain from Northwest 2nd Street to Northwest 3rd Street. · Design for abandonment of rear yard water services and reconnection to front yard from Northwest 2nd Street to Northwest 3rd Street. · Reconstruct swales on both sides of the street. Northwest 3rd Street (Lincoln Lane to Washington Avenue) Design for construction of a stormwater detention basin along Lots 14-18 in Carver Memorial Park. The plans will detail 2 phases of construction, with Phase I consisting of a detention basin within Lot 14 only, and Phase 2 being the expansion of the detention pond into Lots 15-18 II SCOPE OF SERVICES Phasel-Study and Report Phase Not Applicable. Phasell- Preliminary Design Phase Consultant shall provide preliminary design phase services in accordance with Article 111 .B of the Agreement for Engineering Services with the City, dated May 14, 1999. A preliminary design (letter report) shall be used to accurately define the scope and characteristics of the project. Development of this document will begin immediately after the first project meeting, and will be used to direct the activities necessary to design the facilities and develop construction documents. This document will include verification of all existing right of way. Verification of right of way shall consist of research of recorded plats and other documents on file with the city of Delray Beach and Palm Beach County. A title search is not included. Field reconnaissance of the proposed drainage and watermain corridor's will be performed. Photograph log walk-through will be included. In addition, potential underground existing facilities will be identified. 2 Coordination with utility agencies shall be performed to collect record information. This includes reconciling apparent discrepancies between record information and existing photographic and field-verification information. A preliminary pipeline alignment for new sanitary main, water main, water connections/stubouts, and/or storm drainage improvements will be selected to minimize known utility and structural conflicts. The preliminary pipeline alignments will be discussed with the City for purposes of final pipeline alignments selections. o A preliminary roadway reconstruction/resurfacing schematic shall be developed which shall identify the limits of roadway improvements. Following selected preliminary pipeline layouts and/or roadway improvements for the project area, a preliminary cost opinion including construction cost and allowance for engineering costs and contingencies shall be developed. At the outset of the project, the Consultant shall meet with the appropriate permitting agencies to determine potential permitting requirements. Agencies anticipated to have jurisdiction over the project include: South Florida Water Management District (SFVVMD), Palm Beach County Health Department (PBCHD), and City of Delray Beach. A table listing the identified permitting agencies and associated permit fees shall be prepared and included in the Preliminary Design Report. The Preliminary Design Letter Report shall contain schematic layouts and conceptual design criteria for the proposed pipelines and roadway improvements. A preliminary cost opinion will also be provided. Two copies shall be submitted in draft form for review by City. Consultant shall conduct one preliminary design review meeting with the City following the preliminary design report submittal. The Final Preliminary Design Report will incorporate City comments and five copies shall be submitted. Phase III - Final Desiqn Phase Consultant shall provide final design phase services in accordance with Article III.C of the Agreement for Engineering Services with the City, dated May 14, 1999. Consultant shall prepare construction drawings which shall include: cover sheet, general notes, plan/profile drawings, and detail sheets conforming to the requirements of the current City of Delray Beach Minimum Construction Standards. The drawing scale shall be 1" = 20' for plan and 1" - 2' for profile. Consultant shall prepare the engineering design elements on topographic survey information prepared by Consultant's surveyor using AutoCAD Release 14 format. 3 Contract documents consisting of "front-end" documents and technical specification shall conform to City of Delray Beach Standards and the FDOT Standard Specifications for road and bridge work. Consultant shall furnish digital copy of contract documents in Microsoft Office compatable format. Drawings and specifications (two copies) shall be submitted for City review at 50%, 90% and 100% stages. Consultant shall meet with the City to discuss comments, and incorporate comments into final documents. Each stage will be reviewed via a review meeting with the Consultant. o Consultant shall furnish with the 100% design drawings, one (1) mylar set, one (1) set of CAD files in electronic format on 3-1/2" disk per the City of Delray Beach standards. One (1) set of CAD files in DWF electronic format, and one (1) set of contract specifications and cost estimates in PDF electronic format per the City of Delray Beach standards will also be provided. Prior to bidding, 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- Biddin.q/Ne,qotiation 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. The City shall receive and process deposits for bidding documents and shall maintain a record of prospective bidders to whom bidding documents have been issued. Consultant shall 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 project. Consultant shall provide City with PDF files of all written addenda, and DWF files of all addenda drawings, in electronic format. Consultant shall attend the bid opening, shall prepare and furnish digital copy of bid tab sheets in Microsoft Office comparable format 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. 4 Other- Survey Consultant shall furnish the services of a professional surveyor to provide survey services consisting of field topography and horizontal locations referenced by baseline stationing. All existing facilities and utilities within the full right-of-way of the established construction limits will be referenced by baseline station with an offset distance (left or right) from baseline for the project and will include the following. Topography survey at 50-foot intervals and at major ground elevation changes to depict existing ground profile at proposed project area. This shall be accomplished by creating a baseline in the field to collect pertinent data which shall include the following: 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 limits, including physical objects, roadway pavement, driveways, sidewalks, curb, trees, signs, fences, power poles, buildings, and other encumbrances, including point curvature and point of tangency. Location of all known above ground existing utilities: FP & L, BellSouth, Cable TV, Natural Gas, Potable Water (pipe diameter, TOP, valves, fire hydrants, and meters). Force Mains (pipe diameter, TOP, and valves), Sanitary Sewer (pipe diameter, manhole inverts and direction, rim elevations, laterals, and clean-outs), Storm Sewers (pipe diameter, manhole invert elevations and direction, catch basins, and rim/grate elevations), and all other accessible structures. This will include coordination with the City of Delray Beach. Underground piping shall be pot-holed by City in a timely fashion. Co 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, Iow points and all right-of-way lines. Intermediate grades shall be indicated at all grade breaks, driveways and sidewalks. Sufficient grades shall be indicated in the driveways and parking areas to indicate direction of grade. Provide and reference benchmarks at maximum 600-foot intervals. Elevations to be referenced to an existing established City or County Benchmark. 5 The above topographical survey data will be prepared in AutoCAD (Version 14) format at a scale of 1"=20', as one continuous file. The City of Delray Beach standard layering system shall be followed. The CAD drawing shall also include: · Location of soil borings. · Location of utility pot holing. Other-Soils Investiqation In order to investigate the subsurface soils conditions at the site, the Consulltant shall drill eight (8) soil borings to a depth of 10 feet below the existing grade. Visual classifications of the soils types will be performed on soil samples gathered. A report, prepared by a geotechnical engineer will be provided presenting the results of the soils investigation. Other- Permittin_~ At the outset of the Design Phase the Consultant shall meet with the appropriate permitting agencies to determine potential permitting requirements. Agencies anticipated to have jurisdiction over the project include: South Florida Water Management District (SFWMD), Palm Beach County Health Department (PBCHD), and City of Delray Beach. Permit applications shall be completed for SFWMD, PBCHD, and City of Delray Beach. Associated permit application fees shall be determined by Consultant and paid by City. In addition to preparing the permit applications for appropriate regulatory agencies, Consultant shall assist the City in consultations with the appropriate authorities. Consultation services shall include the following: · Attend up to one (1) pre-application meeting with the staff of each of the regulatory agencies. · Attend up to two (2) meetings with each of the regulatory agencies during review of the final permit applications. · Respond to request(s) for additional information from each agency. ADDITIONAL SERVICES Consultant shall provide additional engineering services related to the provision of water, drainage and roadway improvements to the project area that are not covered under this Service Authorization. These additional services may be required to address uncertainties discovered during survey, soils investigations, field verification of existing facilities and conditions, and potential property or easement acquisitions, 6 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 issues shall contain the following information and requirements. · A detailed description of the work to be undertaken. · A budget establishing the amount of the few to be paid in accordance with the Agreement. · A time established for completion of the work. III. TIME OF PERFORMANCE The completion dates for this work will be as follows (starting at written notice-to- proceed). Engineering Services Time per Phase Cumulative Time Phase II¢) 9 weeks 9 weeks Phase III(2) 6 weeks 15 weeks Phase IV 5 weeks 20 weeks (~) Survey will be prepared during Phase II time period. (2) Permits will be prepared during Phase III time period. IV. COMPENSATION The compensation for services provide shall be billed on an hourly basis plus reimbursable expenses for each phase of work in accordance with Article VII, Method II, up to the following not to exceed cost for each phase. Engineering Services Estimated Fees Phase II - Preliminary Design Phase Phase III- Final Design Phase Phase IV- Bidding Phase Survey Permitting Out-of-Pocket Expenses Soils $11,160.00 $24,327.26 $3,000.OO $24,300.00 $1,000.00 $1,500.00 $1,390.00 TOTAL PROJECT COST $66,677.26 Notes: (~) Out-of-Pocket Expenses include the fo/lowing: printing/reproduction and postage. 7 This service authorization is approved contingent upon the City's acceptance of and satisfaction with the completion of the services rendered in the previous phase or as encompassed by the previous service authorization. If the City in its sole discretion is unsatisfied with the services provided in the previous phase or service authorization, the City may terminate the contract without incurring any further liability. The CONSULTANT may not commerce work on any service authorization approved by the City to be included as part of the contract without a further notice to proceed. Approved by: CITY OF DELRAY BEACH: CONSULTANT: Date Date By: Mayor (Seal) Witness Attest: Approved as to Legal Sufficiency and Form Witness Attest: BEFORE ME, the foregoing instrument, this day of ,199 , was acknowledged by on behalf of the Corporation and said person executed the same free and voluntarily for the for the purpose there-in expressed. Witness my hand and seal in the County and State aforesaid this ~ day of ,1991. Notary Public State of Florida My Commission Expires: 8 City of Delray Beach Survey Requirements The survey should include the following: Platted rights-of-way (include bearing and distances for centerlines), lot numbers, block numbers, and dedicated easements. House address numbers. All improvements, physical objects, driveways, and significant landscape (i.e. trees, shrubs) within the right-of-way. o All underground utilities. Inverts on sanitary and storm sewers shall be indicated as well as, locations of water valves and meters. Coordination with the Sunshine State Call One Center for location of other underground utilities shall be the surveyor's responsibility. All topographical surveys shall have stationing established from south to north and west to east where applicable. Elevations shall be indicated every 100 feet, at a minimum, to indicate centerline grades, edge of pavement grades, and shoulder grades. 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. Finished floor elevations of each habitable structure shall be included. The survey shall include topography of the complete intersection at the terminal end of each street. 9 EXHIBIT "B" 4.1.1.18 Potable Water Abandon existing 2" watermain and install 8-inch watermain along Southwest 13th Avenue from Southwest 3rd Street to Alley South of Atlantic Avenue, and along the alley from Southwest 13th Avenue to Southwest 12th Avenue. (2080 LF) Stormwater · Reconstruct swales on both sides of the street. 4.2.1.8 Potable Water Prepare location map and specifications for verification of service connections to existing 8" watermain on Southwest 15th Avenue from Southwest 3rd Street to the end of the Street (950 LF) Stormwater · Reconstruct swales on both sides of the street. 4.1.2.23 Potable Water Abandon existing 2" watermain and install 8" watermain along Northwest 13th Avenue from the alley located south of Northwest 1st to Northwest 2nd Street, and along the alley from Northwest 13th Avenue to Northwest 12th Avenue (1450 LF) Stormwater · Reconstruct swales on both sides of the street. 10 4.3.1.6 Potable Water Abandon existing 2" watermain and install 6" watermain along Northwest 14th Avenue from the alley located south of Northwest 1st Street to Northwest 1st Street. Abandon existing 3" watermain and install 8" watermain along Northwest 14th Avenue from Northwest 1st Street to Northwest 2nd Street. Install 8" watermain along Northwest 14th Avenue from Northwest 2nd Street to Northwest 3rd Street. Relocate existing water services from rear yards to front yards. Stormwater · Reconstruct swales on both sides of the street. Northwest 3rd Street Stormwater Construct stormwater detention basin within Lots 14-18 of Carver Memorial Park. Connect to existing drainage system located on Northwest 3rd Street. 11 fl.. n Request to be placed on: X AGENDA REQUEST Agenda Item No. ~'~-' Date: July 5, 2001 Regular Agenda Special Agenda Workshop Agenda When: July 10, 2001 Description of item (who, what, where, how much): Commission approval/authorization for Mayor to execute Service Authorization # 99-03 with Lawson, Noble & Webb, Inc. This Service Authorization covers the Preliminary and Final Design Phases for improvements SW 15th Avenue. SW 13th Avenue, NW 13th Avenue. NW 14th Avenue and Retention Pond at NW 15thAvenue/NW 3rd Street. The Service Authorization is subject to review and approval of the City Attorney. Total cost for this Service Authorization is $66,677.26. Funding is available from accou, nt #442 517~ 533, ~S.SC. ~---/<3_-~.{(,,-z.._ 5-y-i,_(,, %--; 5--3, 't~ ORDINANCE/RESOLUTION REQUIRED: YES,NO DRAFT ATTAI~HED YES/NO Recommendation: Staff recommends approval/authorization of Service Authorization # 99-03 with Lawson, Noble & Webb, Inc. Department head signature ~"-~ ,~ Determination of Consistency with Comprehensive Plan: City Attorney Review/Recommendation (if applicable)[ Budget Director Review (re~red on al! ite_~_~involvin~ expenditure of funds): Funding available:~,~/NO Funding alternatives - (if applicable) Account No. & Description 442-3;75-530-05.5'~ '~-'/(:3 Account Balance City Manager Review: Approved for agenda:,,~, ~ Hold Until: Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved cc: s:lengadminlprojects1200110481agenda7-10-01 .doc MEMORANDUM TO: FROM: SUBJECT: MAYOR AND CITY COMMISSIONERS CITY MANAGER ~.~ AGENDA ITEM · - REGULAR MEETING OF JULY 10, 2001 SECOND AMENDMENT TO INTERLOCAL AGREEMENT WITH PALM DATE: BEACH COUNTY (WEED & SEED PROGRAM) JULY 6, 2001 This is the second amendment to the interlocal agreement between the City and Palm Beach County under which the City agreed to serve as the fiscal agent for the Countywide Admmlstralaon Component of the Weed and Seed Program. The agreement provides that the City will be reimbursed from Federal Local Law Enforcement Block Grant (LLEBG) funds for the salaries, benefits and operating expenses for the Program. This second amendment extends the term of the agreement to September 30, 2002 with a budget not to exceed $147,921.00. Recommend approval of the Second Amendment to the Interlocal Agreement w~th Palm Beach County for the Weed and Seed Program. Ref. Agmemol Interlocal Agreement Weed&Seed 7.10 01 300 West Atlantic Avenue · Delray Beach, Florida 33444-3695 (561) 243-7888 Fax (561) 243-7816 1993 MEMORANDUM TO: FROM: DATE: SUBJECT: David T. Harden, City Manager Joseph L. Schroeder, Major~ Acting Chief of Police July 2, 2001 INTERLOCAL SECOND AGREEMENT FOR FY 2001102 Per the attached memorandum from Regenia H. Scott, Executive Director for Community Justice, it is requested that the First Amendment to the Interlocal Agreement between the City of Delray Beach and Palm Beach County be placed on the City Commission's consent agenda for Tuesday, July 17. ppt Attachments City of Delray Beach Police Department MEMORANDUM DATE: June 28, 2001 TO: Chief Richard Overman FROM: lli~!J~R~genia H. Scott, Executive Director [[~'- Community Justice SUBJECT: Inter-local Second Agreement for FY2001-02 Attached is the First Amendment To Inter-local Agreement between the City of Delray and Palm Beach County. Under this agreement the City will continue to serve as our fiscal agent until September 30, 2002. Your assistance is requested in placing this agreement on consent agenda for Tuesday, July 17, 2001 for City Commission approval. I am attaching three (3) original copies that have to be signed by the Mayor or an authorized representative. Once signed, please request that all copies be forwarded to me and I will deliver them to the Criminal Justice Commission (CJC) to obtain the Board of County Commissioners approval. If additional information is needed, please call me at ext. 7070. As always, I truly appreciate your support. . ,~ff~tx,z~ , Attachment 2 SECOND AMENDMENT TO INTERLOCAL AGREEMENT THIS SECOND AMENDMENT, dated ., 2001 to the Agreement (R-99-1775-D) of September 28, 1999, by and between the City of Delray Beach, (hereinafter referred to as "CITY") and Palm Beach County, a political subdivision of the State of Florida, (hereinafter referred to as "COUNTY"), each one constituting a public agency as defined in Part I of Chapter 163, Florida Statutes. WITNESSETH: WHEREAS, the parties have entered into the Agreement of September 28, 1999 under which the CITY agreed to serve as the fiscal agent for the Countywide Administration Component of the Weed and Seed Program; and WHEREAS, the COUNTY agreed to reimburse the CITY from federal Local Law Enforcement Block Grant {LLEBG} funds for the salaries, benefits, and operating expenses for the Program as more specifically set forth in Exhibit "A'; and WHEREAS, the term of said Agreement was from September 25, 1999 through September 30, 2000; and WHEREAS, the budget set forth in "Exhibit A' was based on an amount not to exceed $300,000; and WHEREAS, the parties mutually desire to extend the Agreement until September 30, 2002. NOW, THEREFORE, in ccnsideration of the mutual covenants and agreement expressed herein, the COUNTY and CITY agree as follows: 1. Section 1.2. Term of Agreement, September 30, 2000 is amended to provide that the Agreement shall continue until September 30, 2002. 2. The CITY agrees to be the fiscal agent for the Community Justice Program as the umbrella entity in which Weed and Seed will be a sub-component. 2. The budget as set forth in "Exhibit A' is amended to reflect a total amount not to exceed $147,921. The total amount to be paid by the COUNTY under this Second Amendment for eligible expenses set forth in "Exhibit A', shall not exceed One Hundred Forty-Seven Thousand Nine Hundred Twenty One Dollars ($147,921) from the FY2002 Local Law Enforcement Block Grant (LLEBG) funds. All other provisions of said Agreement are hereby confirmed, and except as provided herein are not otherwise altered or amended. All the terms and conditions of the Agreement of December 21, 1999, are confn-rned and remain in full force and effect. In accordance with Palm Beach County Code, Chapter 2, Article III, Section 2.51., this First Amendment shall not take effect until executed by the CITY and COUNTY. In WITNESS WHEREOF, the parties, by and through their duly authorized agents, have hereunto set their hands and seal. ATTEST: DOROTHY H. WILKEN, Clerk PALM BEACH COUNTY, FLORIDA BY ITS BOARD OF COUNTY COMMISSIONERS: BY' Deputy Clerk BY: Chair WITNESSES: CITY OF DELRAY BEACH BY: Print Name: Title: APPROVED AS TO FORM AND LEGAL SUFFICIENCY BY: County Attorney 2 MEMORANDUM TO: FROM: SUBJECT: MAYOR AND CITY COMMISSIONERS CITY MANAGER ~ AGENDA ITEM # g~ - REGULAR MEETING OF IULY 10, 2001 REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS DATE: JULY 6, 2001 Attached is the Report of Appealable Land Use Items for the period June 15, 2001 through July 6, 2001. It informs the Commissmn of the various land use acuons taken by the designated boards that may be appealed by the City Comrmsslon. Recommend remew of the appealable acUons for the period stated. Receive and file the report as appropriate. RefiApagmemo/Appealables/07-10-01 TO: THRU: FROM: SUBJECT: D~~HARD~ MANAGER PAUL DORLING, DIR_~CTOR OF PLANNING AND ZONING LLEN, PLANNER MEETING OF JULY 10, 2001 *CONSENT AGENDA* REPORT OF APPEALABLE LAND USE ITEMS JUNE 18, 2001 THRU JULY 6, 2001 The action requested of the City Commission is that of review of appealable actions which were made by various Boards during the period of June 18, 2001 through July 6, 2001. This is the method of informing the City Commission of the land use actions, taken by designated Boards, which may be appealed by the City Commission. After this meeting, the appeal period shall expire (unless the 10 day minimum has not occurred). Section 2.4.7(E) of the LDRs applies. In summary, it provides that the City Commission hears appeals of actions taken by an approving Board. It also provides that the City Commission may file an appeal. To do so: 1. The item must be raised by a Commission member. 2. By motion, an action must be taken to place the item on the next meeting of the Commission as an appealed item. Determined on a 4 to 0 (Bird, Stark and Morris absent) vote, that charter high schools having a specific emphasis on the arts are similar to other permitted vocational schools in the PC (Planned Commercial) zoning district. No other appealable items were considered by the Board. The following items which were considered by the Board will be forwarded to the City Commission for action. Recommended approval (4 to 0), of a rezoning request from RM (Medium Density Residential) to CF (Community Facilities) for the First Presbyterian Church and Fisler Property, located on Gleason Street south of East Atlantic Avenue. City Commission Documentation Appealable Items Meeting of July 10, 2001 Page 2 Continued (3 to 1, Hasner dissenting), a conditional use request to allow the establishment of a 24-hour child care facility for Grammy's Place, Inc., located at the northeast corner of South Swinton Avenue and SE 3rd Street. The Board continued the request in order to allow time to gather additional information to determine if there is a need for a 24-hour child care facility in Delray Beach. Recommended approval (4 to 0), of a conditional use request to allow the establishment of an assisted living facility for Mil-Atlantic, located on the west side of Military Trail, approximately 650 feet south of West Atlantic Avenue. Initiated on a 4 to 0 vote Comprehensive Plan Amendment 2001-2. A. Approved with conditions (6 to 0, Dowd absent), a master sign program for Tropic Square shopping center, located at the southeast corner of Federal Highway and Eve Street. B. Approved (5 to 1, Borchardt dissenting), the architectural elevation plan associated with the installation of carport canopies at Town Square, on the south side of NE 1st Street, between the Federal Highway pairs. C. Denied (3 to 3, Borchardt, Perez-Azua and Branning voted to deny), a request to waive the requirement to provide a sidewalk on Pelican Lane associated with the Ocean Hammock development, located at the southwest corner of Ocean Boulevard and Pelican Lane. D. Approved (6 to 0), a Class V site plan, landscape plan and drainage plan associated with the construction of a 48-space parking lot for Crossroads Club Parking Lot, located on the north side of NE 2nd Street, east of the FEC Railroad. Concurrently, the Board granted waivers reducing the required stacking distance from 20 feet to 10 feet and reduced the required landscape strip along the west property line from 5 feet to 2.5 feet. E. Approved (6 to 0), a Class III site plan modification, landscape plan and architectural elevation plan associated with the installation of a modular media center building for Unity School, located at the northwest corner of North Swinton Avenue and NW 22nd Street (101 NW 22nd Street). F. Continued (6 to 0), a Class V site plan, landscape plan and architectural elevation plan associated with the demolition of the Bermuda Inn hotel and construction of a new 71-room hotel, Vista Del Mar, located on the west side of South Ocean Boulevard, approximately 300 feet south of East Atlantic Avenue. The Board continued the item to allow the applicant to address compatibility issues with respect to the surrounding uses. City Commission Documentation Appealable Items Meeting of July 10, 2001 Page 3 G. Approved (4 to 0, Eliopoulos and Branning stepped down), a Class V site plan, landscape plan and architectural elevation plan for Prosperi Warehouse, a proposed 11,253 square foot storage warehouse, located at the southwest corner of Wallace Drive and Georgia Street. H. Approved (6 to 0), a Class V site plan and landscape plan associated with the construction of a 6,000 sq. ft. building for Delray Cycle, located on the east side of Dixie Highway, approximately 1,250 feet south of Gulf Stream Boulevard. The architectural elevations were tabled so that the applicant could reevaluate the proposed architectural design. Approved (4 to 0, Sloan and McDermott absent and Ames arrived late), a request for a Certificate of Appropriateness associated with fa~:ade improvement for a contributing apartment building located at 120 NE Ist Avenue. Tabled (5 to 0 Ames arrived), a request for a Certificate of Appropriateness associated with the installation of roll-down shutters St Paul's Episcopal Church, located at the northwest corner of South Swinton Avenue and SW 2"d Street (188 S. Swinton Avenue). The Board tabled the item to allow the applicant to further research the use of impact resistant glass panels that could be mounted directly in front of the stained glass windows. Approved (5 to 0), a request for a Certificate of Appropriateness associated with the addition of decorative window shutters for the Patrick Lynch Residence, located at the northwest corner of South Ocean Boulevard and Nassau Street (226 S. Ocean Boulevard). Tabled (4 to 0, Jamison stepped down), a request for a Certificate of Appropriateness to allow the replacement of the original wood windows with aluminum/impact resistant windows for First Church of Christ Scientist, located at the southwest corner of SE 7th Avenue and SE 2nd Street (200 SE 7th Avenue). The Board continued the item to allow the applicant to investigate the use of impact resistant glass. Tabled (5 to 0), a request for a Certificate of Appropriateness to allow a demolition of a contributing single family residence located at 115 NW 4th Avenue. The Board continued the request for six months to allow the applicant to investigate financial opbons to restore the house. Approved (4 to 1, Jamison dissenting), a request for a Certificate of Appropriateness associated with the replacement of windows and roof materials, and exterior color changes for an existing single family structure at 20 South Swinton Avenue. City Commission Documentation Appealable Items Meeting of July 10, 2001 Page 4 Approved (5 to 0), a request for a Certificate of Appropriateness associated with the replacement of windows and roof materials, enclosing a porch and exterior color change for an existing single family structure at 21 SW 1st Avenue. Other Items Approved (4 to 1, Jamison dissenting), a request for a variance to reduce the north front setback on Beach Drive from 35 feet to 6.5 feet to allow the construction of a swimming pool and spa 1109 Sea Spray Avenue (The Price House). By motion, receive and file this report. Attachment: · Location Map CITY OF DELRAY BEACH, FLORIDA - City Commission Meeting- JULY 10, 2001 GI/LF STR~.~I BLYD. L.~ CAIML N.W. 2ND ST. &W. 2ND ST. I..~ CANAL C. fS GAHAL UNTON A. TROPIC SQUARE f. 120 N.E. fST AVENUE B. OCEAN HAMMOCK 2. ST. PAUL'S EPISCOPAL CHURCH C. CROSSROADS CLUB PARKING LOT 3. PATRICK LYNCH RESIDENCE D. UNITY SCHOOL 4. FIRST CHURCH OF CHRIST SCIENTIST E. VISTA DEL MAR 5. 1f5 N.W. 4THAVENUE F. PROSPERI WAREHOUSE 6. 20 SOUTH SWINTON AVENUE G. DELRAYCYCLE 7. 21 S.W. 1STAVENUE j ONE MILE J GRAPHIC SCALE CITY OF DELRAY BEACH, FL PLANNING & ZONING DEPARTMENT 2001 MEMORANDUM TO: FROM: SUBJECT: MAYOR AND CITY COMMISSIONERS CITY MANAGER ~ AGENDA ITEM,est,.'~]V"- REGULAR MEETING OF JULY 10, 2001 CONT CXS DATE: JULY 6, 2001 This ~s before the City Commission to approve the award of the followmg bids and contracts: 1. Bid award to multiple vendors for the purchase of chemicals and fertilizers, via the City of Delray Beach Co-op Bid #2001-25 at an estimated annual cost of $183,000. Funding in the estimated annual cost of $69,000 from Parks and Recreation Operating Budget and in the estimated annual cost of $114,000 from the Delray Beach Municipal Golf Course and Lakeview Golf Course operating budgets. 2. Approve the contract renewal with Office Depot via the Florida Atlantic University Agreement #OP AS0 for the purchase and delivery of office supplies for an estimated annual cost of $126,350. Funding from various departments operating budget. Recommend approval of the bid and contract awards hsted above. Rcf B~d Agmcmo 07-10-01 AGENDAITEM NUMBER: g.x/,/ AGENDA REQUEST Request to be placed on: July 10, 2001 Date: June 28, 2001 XX Consent Agenda ~ Special Agenda ~ Workshop Agenda Description of agenda item: Approve multiple awards to Iow responsive b~dders for Bid #2001-25, Co-op Bid - Chemicals and Ferbhzers - Annual Contract, at an estimated annual cost of $183,000 for the C~ty of Delray Beach. ORDINANCE/RESOLUTION REQUIRED: YES Draft Attached: YES NO NO Recommendation: Bid award to multiple vendors for the purchase of chemicals and fertilizers per the C~ty of Delray Beach Co-op Bid #2001-25 Funding from the City of Delray Beach Parks and Recreation operating budget at an estimated annual cost of $69,000 and City of Delray Beach Mumcipal Golf Course and Lakeview Golf Course operabng budget of $114,000 Department Head Signa~ . ~ Determination of Consistency '~/tl~Com prehensile P~n" ~, City Attorney Review/Recommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): Funding available. Yesv/'~ No Funding alternatives: ,Ir F4~O0 ~_ ~[t~ ~ Account Number: . ~L¢~i~ ~[[~S_ ~ ,, ~D'Account Balance: ~ ~ I I I~ Ci~ Manager Review: Approved for agenda.~ ~ No Hold Hntil. (if applicable) q, sq Agenda Coordinator Review: Received. Action: Approved Disapproved MEMORANDUM TO: FROM: THROUGH: DATE: SUBJECT: David T. Harden, City Manager /, Jacklyn Rooney, Purchasing SupervisorC~ Sa~"i~nance Director/'/// Joseph June 28, 2001 DOCUMENTATION - CITY COMMISSION MEETING JULY 10, 2001 - BID AWARD - BID #2001-25 CO-OP BID CHEMICALS AND FERTILIZERS Item Before Commission: City Commission is requested to approve multiple awards to low responsive bidder(s), as stated below, at an estimated annual cost of $183,000 for the City of Delray Beach. Background: The City of Delray Beach is the lead entity for this co-operative bid. Bids were received on May 30, 2001 from seventeen (17) vendors, all in accordance with City purchasing policies and procedures. (Bid #2001-25, documentation on file in the Purchasing office.) A tabulation of bids with the awarded vendor highlighted and award recommendations per item number is attached for your review. A meeting was held on June 21, 2001, with Tom Arendt, Delray Beach Municipal Golf Course, Tom Gynn, Lakeview Golf Course, Tim Simmons, Parks Superintendent, and Purchasing to review bids received and make award recommendations. See attached memo dated June 28, 2001 to Palm Beach County Cooperative Purchasing Council. Awarded vendors are as listed below: Vendor(s): Argo Distribution d/b/a Pro Source One DuCor Intemational Corp. Glades Formulating Corp. Harrell's Inc. Helena Chemical Company Lesco Inc. Parkway Research Southern States Coop United Horticulture Supply UAP Timberland L.L.C. Vopak Van Water & Rodgers Atlantic FEC Fertilizer & Chemical Co. Howard Fertilizer Co. Inc. Regal Chemical Company Recommendation: Staff recommends multiple awards to vendors as stated above at an estimated annual cost of $183,000 for the City of Delray Beach. Funding from the City of Delray Parks and Recreation Department operating budget of $69,000 and City of Delray Beach Municipal Golf Course, and Lakeview Golf Course operating budget of $114,000. Attachments: Tabulation of Bids Memo to Co-op Members Award Recommendations Memo From Pro Source One Memo From City of Boca Raton Cc: Joe Weldon, Director of Parks & Recreation Ray Eubank, Superintendent of Parks & Recreation Brahm Dubin, Delray Beach Municipal Golf Course Tom Arendt, Delray Beach Municipal Golf Course Tom Gynn, Lakeview Golf Course City of Boca Raton City of Boynton Beach City of West Palm Beach Solid Waste Authority of Palm Beach County City of Belle Glade City of Lake Worth I:ITV DF DELRrI¥ gErll: DELRAY BEACH 100 N W. 1st AVENUE June 28, 2001 1993 DELRAY B~ACH FL©R~DA3344~ 561 ~243-7000 Members of the Palm Beach County Cooperative Purchasing Council RE: Bid #2001-25 - Co-op Bid "Chemicals and Fertilizers" Dear Members; As the City of Delray Beach is the lead entity for this Co-op Bid, attached you will find the City of Delray Commission Agenda package with bid awards broken down per item number for Chemicals and Fertilizers. This contract is scheduled for the July 10, 2001, Commission Agenda. The City of Delray Beach recommended award to low bid per item to the responsible, responsive bidder who bid per the required specifications. In some items substitutes were submitted and approved for award. In the case of tie bids, the award was made to the vendor closest to the City of Delray Beach. In the case of minimum shipping requirements, as stated by vendor(s), each entity may choose to award accordingly to their quantities and minimum shipping size requirements and storage space available. If you have any questions, you may contact me at (561) 243-7163. Jacklyn Rooney Purchasing Supervisor Attachments Cc: Joseph Sa~ance Director City of Boca Raton City of Boynton Beach City of West Palm Beach Solid Waste Authority of Palm Beach County City of Belle Glade Prmtod on Recycled Paper THE EFFORT ALWAYS MATTERS 1,1,,I w iii iT· u,I ~ U ,,, uJ .,j IU o ill 0 0 LU ~ w Jun~ 18 01 10:48a PROSOURCE OME 40?8840111 p.~ Ag o Omtnbulmn LLC d/b~ PmSource One ~y ~une 18, 2001 Reference: Bid # 2001-25 Chemicals Jack, e Rooney City of Delray Purchasing Department Dear Jackie, SUI:;JECT: WI~THDRAWL OF ITEM Due. to a clerical mishap, ]~ would like to withdraw our bid for item # 22 only. I apo [ogize in advance for any inconvenience this may have caused. Th= nk you, Stephanie Lin~:on AVM Operations Coordinator Agro Distribution DBA ProSource One 407-886-4744 2601 W. Orange Blossom Trail o P.O. Box 200 - Plymouth, FL 32768 o Phone 407/886-4744 · Fax 407/884-0111 PURCH~S]~NG BDCfl RFITON CITY' HALL_ · 201 WEST PALMETTO PARK ROAD - BOCA RATON, FLORIDA 33432-37{).5 - PHONE: (561) 393-7700 (FOR HI--^RINGI IMPAIREO} Ti3D: (561) 367-7046 SUNCOM: (561) g22-7700 INTERNET- ~ Ci_boca-ratOn fl us Fax:561-393-?983 Jun 2? '01 11:12 P. 02 June 27,2001 JacKie Rooney, Purchasing Supervisor City of Delray Beach 100 NWl~ Avenue Delray Beach, FL 33444-2612 RE: Recommended Award for Delray Beach Co-op Bid No. 2001-25, Chemicals and Fertilizers Items 10, 11, and 58 of the Chemical portion The City of Boca Raton greatly appreciates your efforts as lead agency for this cooperative bid and the opportunity to participate in it. Per your request, the City has evaluated the responses for items 10, 11 and 58 of the Chemical portion of Bid No 200t-25. Chemicals and Fertilizers_ We recommend award of these items as follows: Item 10__, Buffer Control: The City rejects the Iow bid submitted by Parkway Research Corporation (product name BUpH-alo) and recommends award to the second Iow bidder, Du Cor International (product name Buffer It) The justification for this decision is that it requires two to four times as much of the t3UpH-alo product to achieve a given pH level compared to the quantity required by the Buffer It product to reach that same pH level (based on treatment of 100 gallons of water) Item 11..__Chi_pco 26019: The City recommends award to the Iow responsive bidder, Helena Chemical Co (Subdue MAXX). Item 58, Subdue 2E: The C~ty recommends award to the Iow responsive bidder. Glades Formulating Corporation (product name Quell). Please call me 393-7872 if you have any questions_ Buyer AN ~'~[J.II~L OFtaOI~TLINITY EI4P!LOYER -- CHEMICAL AND FERTILIZERS BID #2001-25 AWARD RECOMMENDATIONS CHEMICALS: ITEM # DESCRIPTION UNIT PRICE VENDOR COST COMMENTS 1. Acephate 2. Alliette 3. Asulox 4. Atrazine 4L Herbicide 5. Award 6. Barricade 65 WG 7. Basagran 8. Bivert Sticking Agent 9. Blazon SP or Equivalent 10. Buffer Control Southern States Coop $ 8.60 lb. 10 lbs./4 ea. min. Lesco $16.15 lb. Inc. Lesco Prodigy Signature 5.5 lbs. / 4 ea. min. Helena Chemical Company Helena Chemical Company Helena Chemical Company Harrell's Inc. Lesco Inc. Parkway Research Corp. Ducor International Corp. $ 55.00 gal. 2.5 gal. min. $ 9.76 gal. 2.5 gal. min. $6.21 lb. 25 lb. min. $ 34.50 lb. 5 lbs. / 6 ea. min. $69.50 Gal. Lesco Gran 1 gal. / 5 ea. min. No Award Incorrect Specifications $16.95 gal. 2.5 gal. / 2 ea. min Big Foot $ 7.40 gal. 6 gal. cont. Ducor Buffer It Low Bidder Low Bidder Low Bidder Low Bidder Low Bidder Low Bidder Low Bidder Should have been just "Bivert" Low bidder - Du Cor's shipping Size of 6 gal. too Large for storage Low Bidder - Parkway Research bid a substitute Item CHEMICALS CONT ..... ITEM # DESCRIPTION VENDOR UNIT PRICE COST COMMENTS 11. Chipco 26019 Helena Chemical Company 12. Daconil Weather Vopak - Van Stick Waters & Rodgers 13. Daconil ZN W/Zinc 14. DeFoamer Non Toxic Vopak - Van Waters & Rodgers Parkway Research Corp. $ 98.98 gal. 2.5 gal. min. Chipco 26GT $64.00 gal. 2.5 gal. jug Min. $44.50 gal. 2.5 gal. / 2 ea. min. $1.12 pt. 2.5 gals. / 2 ea. min Low Bidder for liquids which was requested Low Bidders's Glades & Regal Bid substitute Items Low Bidder, Regal bid substitute, Tie Bid with Harrell's Award to Vopak - Closet to Delray Low Bidder 15. Diabrom 14 16. Ditera W.D.B. Argo Distribution d/b/a Pro Source United Horticultural Supply 17. Dithane 45 Argo Distribution Wetable Powder d/b/a Pro Source 18. Dursban 2.5% Granular 19. Dursban Cricket Bait 1% Helena Chemical Company Lesco Inc. $ 74.00 gal. 1 gal. min. $15.00 lb. 20 lbs. Min $ 2.80 lb. Dithane T&O 12 lbs. Min. $ .60 lb. 40 lbs. Min. Dursgan 2.32% $ .44 lb. 40 lbs. Min. Lesco Dursban 1% Bait Low Bidder Tie Bid w/Helena United Closet to Delray Low Bidder Low Bidder Low Bidder 20. Dursban Plus No Bids Received CHEMICALS CONT ..... ITEM # DESCRIPTION VENDOR UNIT PRICE COST COMMENTS 21. Dursban Pro 2 ½ gal. Harrell's Inc. 22. Finale Herbicide Harrell's Inc. $32.95 gal. 2.5 gal. / 2 ea. min. $ 46.00 gal. 2.5 gal./2 ea. min. 23. Fire Ant Amdro Vopak Van $ 5.52 lb. Bait (Granular) Waters & Rodgers 25 lbs. Min. 24. Fusilade Liquid Argo Distributors d/b/a Pro Source $122.00 gal. 1 gal. min. 25. Garlon 424 UAP Timberland $ 79.91 gal. (vegetation mgmt.) L.L.C. 2.5 gal. / 2 ea. min. 26. Heritage 27. Illoxan 3EC6 28. Image (contains ammonium, salt imazaquin) Kerb 50 W SP L1 700 Surfactant Penetrant Acidifier Lemwet Manage Herbicide 1.3 oz. Per bottle Mavrik 29. 30. Vopak Van Waters & Rodgers Harrell's Inc. Argo Distribution Company d/b/a Pro Source United Horticultural Supply United Horticultural Supply Parkway Research Corp. Helena Chemical Company Regal Chemical Company 31. 32. 33. $ 345.00 lb. 1 lb. min. $107.00 gal. 1 gal./4 ea. min. $68.42 container of 11.43 oz. dry 70 DG $27.35 lb. 3 lbs./14 ea. $25.70 gal. 1 gal. / 4 ea. Min. $ 5.95 gal. Dew Down II 2.5 gals. / 2 ea. min. $70.78 btl. 1 btl. min. $288.00 gal. 1 qt. min. Low Bidder Low Bidder Argo - withdrew their bid due to error Low Bidder Low Bidder Low Bidder Low Bidder Low Bidder Low Bidder Low Bidder All other bidders submitted a substitute item Low Bidder Low Bidder Low Bidder CHEMICALS CONT ..... ITEM # DESCRIPTION VENDOR UNIT PRICE COST COMMENTS 34. Merit or equal 35. Mocap 10G 36. Mole Cricket Bait 37. MSMA 6.6 38. MSMA + Surfactant 39. Nemacur (3) Liquid 40. Nemacur IOQ 41. Organicide 42. Orthene (1 lb. can) 43. Orthene TTO 44. Pendulum 3.3 EC 45. Pre-M Lesco, Inc. Helena Chemical Company Argo Distribution d/b/a Pro Source Helena Chemical Company Southern States Coop Helena Chemical Company Helena Chemical Company Helena Chemical Company Helena Chemical Company Helena Chemical Company Vopak Van Waters & Rodgers Lesco Inc. $14.90 oz. 1.6 oz./4 ea. x 4 min. $1.69 lb. 50 lbs. min. $. 38 lb. 40 lbs. min. 0.5% $15.38 gal. 2.5 gals. min. $16.20 gal. 2.5 gal./2 ea. min. $79.28 gal. 2.5 gal. min. $ 2.82 lb. 50 lbs. min. $ 21.19 gal. 5 gals. min. $ 9.97 can 2 lbs. min. $ 9.74 lb. 2 lbs. min. $35.99 gal. 2.5 gal. jug min. $ 8.00 lb. 10 lbs. / 5 ea. min. Lesco Pre M 60DG Low Bidder Low Bidder Low Bidder Low Bidder Low Bidder Low Bidder Low Bidder Low Bidder Low Bidder - Lesco bid an Alternate Item Low Bidder - Lesco bid an Alternate Item Low Bidder Low Bidder - Helena bid an Alternate Item CHEMICALS CONT ..... ITEM # DESCRIPTION VENDOR UNIT PRICE COST COMMENTS 46. Primer 604 47. Primo 48. Prostar 50 WP 49. Reward 50. Rodeo 140 51. Ronstar 2.G 52. Round-up Herbicide 53. Round-Up Pro 54. Round-Up Pro 2 ½ gal. btl. 55. Sencor 75 T.H. Du Cor Intemational Corp. Helena Chemical Company Lesco Inc. Helena Chemical Company UAP Timberland L.L.C. Regal Chemical Company Glades Formulating Corp. Helena Chemical Company Helena Chemical Company Helena Chemical Company $ 36.25 gal. 6 gal. container Du Cor Surmount $ 330.00 gal. 1 gal. min. Primo MAXX $34.95 lb. 1 lb./10 ea. min. Pro Star 70 WP $85.00 gal. 2.5 gal. min. $ 77.30 gal. 2.5 gal./2 ea. min. $1.16 lb. 50 lb. bag min. Regal Ronstar AC $26.00 gal. 2.5 gal./2 ea. min. Glyfos $ 32.98 gal. 30 gal. dram min. $ 33.22 gal. 2.5 gal. min. $ 29.17 lb. 5 lbs. min. Low Bidder Tie Bid with Southern States Coop - Helena Closest to Delray Low Bidder Tie Bid with Agro, Glades, & UAP Helena closet to Delray Low Bidder - Helena bid an altemate item Low Bidder Low Bidder Low Bidder- Glades bid an alternate item Low Bidder- Glades bid an alternate Low Bidder CHEMICALS CONT ..... ITEM # DESCRIPTION VENDOR UNIT PRICE COST COMMENTS 56. Sevin 80 WSP 57. Snail & Slug Bait Pellets 58. Subdue 2E 59. Subdue Grandular 60. Surflan AS T/O 61. Talstar Liquid 62. Talstar .2G 63. Tank Newtralizer 64. Tracer Dye Blue Dye Spray 65. Trimec Plus 66. Wetting Agent United Horticultural Supply Helena Chemical Company Glades Formulating Corp. Argo Distribution d/b/a Pro Source Helena Chemical Company Lesco Inc. Southern States Coop DuCor Imemational Corp. Parkway Research Corp. Helena Chemical Company Du Cor International Corp. $ 5.25 lb. 8x4xl.25 lbs.min. $ .88 lb. 25 lbs. min. $ 436.00 gal. 1 gal./2 ea. min. Quell $ 2.75 lb. 25 lbs. min. $ 76.98 gal. 2.5 gal. min. $156.25 gal. 1 gal./4 ea. min. $ .745 lb. 50 lb. bag min. $ 6.60 gal. 6 gal. container DuCor Neutrality $16.95 gal. 2.5 gal./2 ea. min. Big Foot $ 27.50 gal. 2.5 gal. min. $ 5.95 gal. Du Cur Wet In Plus - 6 gal. Container min. Low Bidder Low Bidder Low Bidder Low Bidder Low Bidder Low Bidder Low Bidder Low Bidder Low Bidder - Du Cor's container size of 6 gallon Too large Low Bidder Low Bidder FERTILIZERS: ITEM # DESCRIPTION VENDOR UNIT PRICE COST COMMENTS 1. 0-0-7 W/Atrazine o o J 10. 11. Southem States Coop 0-0-21 Sul Po-Mag Granular Argo Distribution d/b/a Pro Source 0-0-45 Super K Greens Turf Fertilizer Southem State Coop 5-10-17 Ronstar .95%+ Howard Fertilizer Co. Inc. 5-10-31 Professional Turf Fertilizer Argo Distribution d/b/a Pro Source 6-6-6 Atlantic FEC 40% Organic Fertilizer Contains Secondaries & Chemical 8-0-8 Greens Mix Lesco Inc. 8-10-10 Ornamental Fert. W/micronutrients 13-3-13 Greens Mix 13-3-13 Tree & Palm Fertilizer Atlantic FEC & Chemical Co. Southem States Coop Vopak Van Waters & Rodgers 14-14-14 Plus minors for shrubs Lesco Inc. $ .0976 lb. $0.11 Lb. 50 lb. bag $ .175 lb. $ .49 lb. 50 lb. bag $ .13 lb. 50 lb. bag $ .0879 lb. 2 ton min. 50 lb. bag $ .23 lb. Lesco 13-0-13 Elite 50 lb. bag $ .1258 lb. 2 ton min. 50 lb. bag $ .272 lb. $ .154 lb. Palm Special Sunniland 50 lb. bag $ .24 lb. 40 lb. bag 100 % PPSC Low Bidder Low Bidder Low Bidder Low Bidder Low Bidder Low Bidder Low Bidder Low Bidder Low Bidder Low Bidder - Sunniland min. shipping size of 4 tons too large Low Bidder - Golf Ventures min. shipping size of 4 tons too large FERTILIZERS CONT .... ITEM # DESCRIPTION VENDOR UNIT PRICE COST COMMENTS 12. 13. 14. 15. 16. 14-2-14 Micro Greens & Tee Mixture 14-14-14 Osmocote 14-26-6 Sulfur Coated Landscape & Ornamental Starter 15-5-10 With 1% Ronstar 15-5-10 (Bermuda St. Augustine, Bahia Fert. ) 17. 16-4-8 Premium or equivalent 18. 16-4-8 with minor Elements 19. 16-4-16 Greens Mix 20. 16-25-12 Turf Starter Fertilizer 21. 17-1-10 Greens Grade Fertilizer Southern States Coop Southern States Coop Lesco Inc. Southern States Coop Vopak Van Waters & Rodgers Lesco Inc. Lesco Inc. Southern States Coop Southern States Coop Southern States Coop $ .241 lb. $ .64 lb. 50 lb. bag 17-17-17 (4 mo. Feed) $.25 lb. 40 lb. bag. $.4988 lb. 1% Ronstar $ .144 lb. Howard Brand 3% Fe $ .115 lb. 50 lb. bag Lesco 20% PPSCU $1.04 lb. 50 lb. bag $ .2662 lb. $ .1292 lb. $ .243 lb. Low Bidder Low Bidder Low Bidder Low Bidder Low Bidder Low Bidder - Sunniland - min. Shipping size of 4 ton too large Low Bidder - Sunniland Corp. Shipping size of 4 ton too large Low Bidder Low Bidder Low Bidder ITEM # DESCRIPTION VENDOR UNIT PRICE COST COMMENTS 22. 17-4-6 Weed & Southern States $ .1286 lb. Feed Fert. With Coop 0.76% Atrazine 23. 18-2-9 Micro Southern States $ .261 lb. Greens & Tee Coop Mixture 24. 18-24-12 Agro Distribution $ .14 lb. Professional d/b/a Pro Source Starter Fetilizer 25. 19-0-19 Howard Fertilizer $ .31 lb. Pre-Emergent Weed Co. Inc. 50 lb. bag Control 26. 19-25-5 Complete Southern States $ .155 lb. Course Starter Coop 27. 20-2-10 Lesco Inc. $ .138 lb. Professional Turf 50 lb. bag Fertilizer 28. 20-20-20 Water Glades Formulating $ .475 lb. Soluble Powder Corp. 25 lb. bag 29. 21-0-0 Sulfate Argo Distribution $. 11 lb. of Ammonia d/b/a Pro Source 50 lb. bag Granular 30. 21-4-11 Greens Lesco Inc. $.27 lb. Mix 50 lb. bag 31. 22-0-22 Lesco Inc. $184 lb. (50 lb. bags) 50 lb. bag Lesco 19-0-19 75% PPSCU 32. 24-5-11 (St. Augustine & Bahia) Lesco Inc. $ .14 lb. 50 lb. bag 50% PPSCU Low Bidder Low Bidder Low Bidder Low Bidder Low Bidder Low Bidder Low Bidder Low Bidder Low Bidder Low Bidder Low Bidder FERTILIZERS CONT ........ ITEM # DESCRIPTION VENDOR UNIT PRICE COST COMMENTS 33. 25-3-10 Turf Southern States Fertilizer Plus Iron Coop. 34. 29-3-5 Fertilizer Lesco Inc. w/Dursban 35. 36. 37. 38. 39. 40. 29-3-5 St. Augustine Regal Chemical Weed Control Company Plus Fertilizer 32-0-0 Urea Liquid Liquid Micronutrient Soil Supplement Milorganite Argo Distribution d/b/a Pro Source Argo Distribution d/b/a Pro Source Step Hi Mag (Trace Element Package, Greens Grade) Howard Fertilizer d/b/a Pro Source 12-2-14 Southern Vopak Van Waters Landscape & & Rodgers Ornamental Fert. W/micronutrients 5% fe, 3% mn, 3% mg $. 1208 lb. 2 ton min. $ .293 lb. 50 lb. bag Lesco w/.74% Dursban $ .18 lb. 50 lb. bag No Award $ 4.40 gal. 2.5 gals. $ .11 lb. 50 lb. bag $.30 lb. 50 lb. bag $ .191 lb. 50 lb. bag 12-4-12 Sunniland Brand Low Bidder Low Bidder Low Bidder Only one Bidder which bid by lbs. Requirement was For liquid Low Bidder Low Bidder (other low bid from Lesco was a substitute item) Low Bidder Low Bidder AGENDA ITEM NUMBER AGENDA REQUEST Request to be placed on: July 10, 2001 Date: June 29, 2001 XX Consent Agenda ~ Special Agenda ~ Workshop Agenda Description of agenda item: Approve contract renewal for the purchase and delivery of office supplies to Office Depot via the Florida Atlanbc University Agreement #OP A80 for an estimated annual cost of $126,350 for the City of Delray Beach ORDINANCE/RESOLUTION REQUIRED: YES Draft Attached: YES NO NO Recommendation: Approve contract renewal to Office Depot for the purchase and delivery of office supplies via the Florida Atlantic University Agreement #OP-A80 for an estimated annual cost of $126,350. Funding from various departments operating budget. p t ea g ture: ' / /~.-,. _ ~ -~,-.~-/r~.-t' 6/ Determination of Consistency witb,.,O'omprehensive Plan: City Attorney Review/Recommendation (if applicable): Budget Director Review (required on all items involvino expenditure of funds): Funding available: Yes t,,,- No Funding alternatives: Account Number: .~.~b~ Account Description. Account Balance: City Manager Review: Approved for agenda:(~ Hold Until: (if applicable) ! No Agenda Coordinator Review: Received. Action: Approved Disapproved MEMORANDUM TO: FROM: THROUGH: David Harden, City Manager Jacklyn Rooney, Purchasing Supervisor ~-/)~) Joseph Safford, Finance Director DATE: June 29, 2001 SUBJECT: DOCUMENTATION - CITY COMMISSION MEETING JULY 10, 2001 - CONTRACT RENEWAL - PURCHASE OF OFFICE SUPPLIES VIA FLORIDA ATLANTIC UNIVERSITY AGREEMENT #OP-A80 WITH OFFICE DEPOT Item Before Commission: City Commission is requested to approve the contract renewal with Office Depot for the purchase and delivery of office supplies via the Florida Atlantic University Agreement #OP-A80 for an estimated annual cost of $126,350. Background: The City of Delray Beach is currently utilizing the Florida Atlantic University Agreement #OP A80 for the purchase of office supplies for Purchasing Warehouse and as required by using departments at a 55% discount off list price. This contract was awarded on April 18, 2000 by Delray Beach City Commission for the term of one year with the option for a two (2) year renewal. Attached is a copy of the Renewal Agreement signed by Florida Atlantic University and Office Depot extending contract to April 30, 2003. Office Depot has agreed to extend to the City of Delray Beach the additional two (2) years with the expiration date of April 30, 2003. See attached letter from Office Depot dated June 27, 2001. Recommendation: Purchasing staff recommends the two (2) year renewal with Office Depot Inc. for the purchase and delivery of office products via the Florida Atlantic University Agreement #OP A80 for an estimated annual cost of $126,350. Funding from the various departments operating budgets. Attachments: Florida Atlantic University Agreement Memo From Office Depot Commission Agenda for 2000 Koms~ 5618830268 p.1 June 27,2001 Jackie Rooney Purchasing Supervisor City Of Delmy Beach Ms. Rooney Office Depot, Inc. would like to extend the current pricing and service agreements for office supplies for an additional 2 years. There are no changes to the current agreement and this contract has been approved by the state of Florida via Florida Atlantic University. Please see attached. We are fortunate to have the opportunity to provide the "All American City" with office supplies and services. We look forward to continuing and improving our Service. Please call me if you have any questions. Christopher Komst Senior Account Manager Office Depot BSD Jun.~8 01 lO:l~a Koms~ S618830268 AGREEMENT NO. p.2 WHEREAS Florida Atlantic University, acting for and on behalf of the Board of Regents, its assigns or successors, a public corporation of thc State of Florida, and Office Depot Business Services Division, hereinafter called the Vendor, have previously entered into an Agreement on the 15th day of April, 1999 and WHEREAS, the University and Vendor agree to amend the original Agreement as follows: 1. Reference Paragraph I. The Agreement is hereby renewed from May 1, 2001 through April 30, 2003. 2. Reference Paragraph H. c). Beginning May 1, 2001, the cash rebate is hereby increased from 2% to 3%. 3. All other terms and conditions remain unchanged. IN WITNESS WHEREOF, the parties hereto have hereunto executed this instrument for the purposes herein expressed. VENDOR Office Depot Business Services Division Name 1379~4 N.W. 4th Street, Suite 200 Address Sunrise, FL 33325 City Authorized Signature UNIVERSITY FLORIDA ATLANTIC UNIVERSITY, acting for and on behalf of the Board of Regents, its assigns or successors, a public corporation of the State of Florida Authorized Signature PUR(R/A)- 100 (9/95) MEMORANDUM TO: FROM: THROUGH: David Harden, City Manager Jacklyn Rooney, Purchasing Supervisor~'X~~ Joseph Sat~'nance Director DATE: April 14, 2000 SUBJECT: DOCUMENTATION - CTIY COMMISSION MEETING APRIL 18, 2000 - CONTRACT AWARD PURCHASE OF OFFICE SUPPLIES-TERM CONTRACT TO OFFICE DEPOT VIA FLORIDA ATLANTIC UNIVERSITY AGREEMENT #OP-A80 Item Before Commission: City Commission is requested to approve contract award to Office Depot for the purchase and delivery of office supplies via the Florida Atlantic University Agreement #OP-A80 (RFP #99S- 270) for an estimated annual cost of $79,000. Background: The current contract for the purchase of office supplies for the Purchasing Warehouse and additional products not inventoried as required by the using departments expires in May, 2000. A contract is available from Office Depot, via the Florida Atlantic University Agreement #OP- A80 at a 55% discount off list price, and a twenty-four (24) hour turn around delivery time directly to using departments. In addition, the headquarters for Office Depot is located in Delray Beach, and the using departments can also go to this store to purchase items directly. Purchasing recommends award to Office Depot for the purchase and delivery of office supplies. See attached memo to Finance Director dated April 14, 2000. Office Depot has agreed to extend to the City of Delray Beach this contract pricing as stated on attached memo dated April 13, 2000. Recommendation: Purchasing staff recommends award to Office Depot for the purchase and delivery of office products via the Florida Atlantic University Agreement #OP AS0 (RFP #99S-270) for an estimated annual cost of $79,000. Funding from the various departments operating budget. Attachments: Florida Atlantic University Agreement Memo From Office Depot £1T¥ OF DELRR¥ PURCHASING DIVISION TO: FROM: SUBJECT: Joseph Safford, Finance Director Jackie Rooney, Purchasing Supervisor Office Supplies DATE: April 14, 2000 The annual term contract with Corporate Express expires May 14, 2000. This contract cannot be renewed for another term. Attached is a copy of the contract agreement award to Office Depot from Florida Atlantic University for the purchase and delivery of office products. This contract was awarded based on a total point system and Office Depot received the highest total amount of points. This point system was based on four categories; service, delivery, product selection and cost discount off list price. Purchasing is requesting the annual contract for the purchase and delivery of office supplies be awarded to Office Depot via the Florida Atlantic University Agreement #OP AS0, which will expire on April 20, 2001, with the option to renew for an additional two (2) year period. Office Depot would make deliveries to the City of Delray Beach in a twenty-four hour turn around time frame directly to each ordering department. One delivery driver would be assigned to Delray Beach account. Based, on this delivery time frame, Purchasing could dramatically reduce the inventory in the Purchasing Warehouse for office supplies. This would result in a cost savings to the City for the overhead of the office supply inventoried and also reduce the time spent by warehouse employees for delivery of office supplies to each ordering department. Office Depot has agreed to extend to the City of Delray Beach this agreement pricing. See attached memo dated April 13, 2000. BEST PRZCZNG How Pricing Works How Pricing Works FAU PRZCZNG 55 % off published list price for any items in the following ten categories · Writing 1Instruments Miscellaneous Consumables (paper clip, fluid, staplers) · Binders Dividers and Organizers · Storage Items · Folders and Accessories · Writing Pads · Envelopes · Labels · Boards - I~lemo, Cork · Packing Supplies and shipping materials. correction · Remaining items are priced at our commercial price Less 2% except .. · Business I~lachines - Priced at commercial Pdce · Copier and Computer Paper Priced at Cost Plus · Enclosed 160 item High Use Item List. KeeD in mind .... When using an Office Depot Store Purchasing Card, regardless of which pricing you choose, you will always get the lower of the two prices ! O 2ce Business Services Division FINA/qCIAL AFFAIRS Office of the Associtte Vice President 345 Wlilfsms Adminiscrattofl Building (561) 2~7-326~ swcom FAX (S6 Florida Atlantic University 777 Glades Road Po~t Office Box 3091 Boca Raton, Florida X.~431 March 25, 1999 To: From: Ed Schiff Director of Purchasing Dennis Crudele 1~'~' Associate Vice President for Financial Affairs Subject: Office Supply RFP Review The committee has met and reviewed the Office Supply KFP. Listed below are the point values that were determined by the Committee. It is the Committee's recommendation that the KFP be awarded to Office Depot and Corporate Express in accordance with the award criteria as outlined in the Request for Proposals. Please post this as appropriate. Office Products Scoring U.S. Boise Corporate Office Apdcot Products Cascade Express Depot Section I 31 30 31 35 39 Section II 23 23 23 27 28 Section III 13 15 14 19 18 Sect,on IV 7 7 7 8 10 Total Points 79 75 75 89 95 DJC/ CC: Thank you very much for your support. Ken Jessell Review Committee Boca Raton o It. £a~_,derdale * Davie * Palm Beach Gardens · Pon St. Lucre A Member of the State Untverx~ty System of Flonda An Equal Opportuntty/Acces.~/A. ffirraative Action Institutton TO: THRU: FROM: SUBJECT: DAVID T. HARDEN, CITY MANAGER /~vl PLANNING & ZONING DEPARTMENT ~ RONALD R. HOGGARD, JR., SENIOR PLANNER~(_~ CITY COMMISSION MEETING OF JULY 10, 2001 APPEAL OF SITE PLAN REVIEW AND APPEARANCE BOARD ACTION DENYING A SIDEWALK WAIVER ASSOCIATED WITH A CLASS II SITE PLAN MODIFICATION FOR OCEAN HAMMOCK The subject property is located on the southwest corner of Pelican Lane and Ocean Boulevard. The Site Plan Review and Appearance Board approved a site plan for Ocean Hammock Townhomes on September 27, 2000. The project, which is currently under construction, includes 10 townhouses which front on and take access from Pelican Lane. Pelican Lane has a 40' right-of-way, of which the north 10' is located within the Town of Gulf Stream and the south 30' is located within the City of Delray Beach. Following the site plan approval for Ocean Hammock, the plans for reconstruction of Pelican Lane were modified to shift the pavement to the south so that the entire paved surface would be located with the City of Delray Beach. The reconstruction of the roadway has since been completed. As originally planned, there was adequate right-of-way on the south side of Pelican Lane to accommodate a sidewalk and driveway transition aprons between the sidewalk and the roadway. Shifting the roadway to the south reduced the distance between the pavement and the edge of right-of-way to 7', which will accommodate a 2' curb and gutter and a 5' sidewalk. The driveway aprons between the sidewalk and the roadway are no longer possible. Based on this change in circumstances, the applicant requested a waiver to the sidewalk requirement. Additional background is included in the attached SPRAB staff report. The waiver was denied by Site Plan Review and Appearance Board on June 20, 2001. The applicant is now seeking an appeal to the SPRAB action. The following statement was submitted by the applicant as the basis for the appeal: "The Site Plan Review and Appearance Board was evenly split in their vote denying the waiver request, with the members voting against the waiver unsure of their position, and we believe the Board did not consider all the ramifications of the decision." SiTE ,PLAN Staff presented the item to the Board and recommended denial since there are two additional alternatives to providing the sidewalk immediately adjacent to the curb and gutter, beyond eliminating the sidewalk. The first is to relocate the sidewalk to the north side of the street within the Town of Gulf Stream. This alternative is not preferred, since development is along the south side of the roadway. It would also be more expensive, as a retaining wall would be necessary to accommodate the grade change to the north. The second alternative is for the applicant to provide an easement along the north side of the development, adjacent to Pelican Lane to allow the sidewalk to be located 5' behind the curb and gutter. This would allow the driveway transition aprons to be installed as originally planned, although the distance between the front of the garages and the sidewalk would be reduced from 25' to 20'. This alternative has been utilized in similar City Commission Documentation Meeting of July 10, 2001 - Appeal of SPRAB Action for Ocean Hammock Page 2 circumstances where there was insufficient road right-of-way to accommodate a sidewalk and additional right-of-way dedication was not requested due to impacts on the building setbacks (Bay Street Townhomes). Mr. Cary Glickstein of Ironwood Properties gave a brief history of the original plan to provide the sidewalk, and the change in circumstances of the reconstruction of Pelican Lane that was modified to shift the pavement to the south. He stated that there currently aren't, nor has there ever been, any sidewalks on this roadway. He did not feel relocating the sidewalk to the north side of the street within the town of Gulf Stream was a good alternative, because of all the issues they had to deal with before, relating to the reconstruction of Pelican Lane. Also, he didn't feel that moving the sidewalk closer to the garages was a good alternative because of the danger involved. Mr. Glickstein stated that by eliminating the sidewalk a potentially dangerous condition would be eliminated, and would improve the overall streetscape aesthetics of the development project. The Board first suggested a bike path and striping the read, however the road could not accommodate the striping. Further discussion ensued, and the Board was divided over the issue if a sidewalk was needed or not. Also, the Board was concerned about not having a justifiable reason for eliminating the sidewalk, the fact that safety is a concern with or without the sidewalk, and the Board has always been supportive of providing sidewalks. Mr. Glickstein stated that originally they did plan to have the sidewalk, however the conditions have changed. He stated that because of the field conditions that they have now, there are greater problems to provide a 5' sidewalk then there are by eliminating it. It was moved by Ms. Borchardt, seconded by Mr. Sneiderman to deny a waiver to LDR Section 6.1.3(B)(1)(b) associated with a Class II Site Plan Modification for the Ocean Hammock Townhomes, to eliminate the requirement to construct a 5' sidewalk on Pelican Lane, based upon a failure to make positive findings with respect to LDR Section 2.4.7(B)(5), and the Land Development Regulations. Upon roll call, the motion failed with a 3-3 vote. As stated earlier, staff recommends denial of the waiver. Since Pelican Lane does not have a sidewalk along the north side of the street, approval of the proposed waiver would result in no sidewalks along the roadway. This situation would present an unacceptable risk to pedestrians which is worsened by the steep road grade at the approach to Ocean Boulevard. Providing the sidewalk easement as an alternative would not create an unsafe situation, as there would be at least 20' between the sidewalk and the garages, which is greater than a typical parking space. While there was some confusion at the SPRAB meeting over the motion, the issue was discussed and made clear prior to the vote. Although some Board members struggled with their decision, the Board's findings were made based on the facts as presented by staff and the applicant. Uphold the decision by the Site Plan Review and Appearance Board and deny the request for the sidewalk waiver, based upon a failure to make positive findings with respect to LDR Section 2.4.7(B)(5). Attachments: SPRAB Staff Report, Letter From Applicant Requesting the Appeal \\misrv001\departments\planmng & zoning\boards\city commission\ocean hammock waiver appeal.doc Agent: Cary Glickstein Project Name: Ocean Hammock Project Location: Southwest Corner of Pelican Lane and Ocean Boulevard BOARD The item before the Board is approval of a waiver associated with a Class II Site Plan Modification for the Ocean Hammock Townhomes, pursuant to LDR Section 2.4.5 (G)(1)(b). At its meeting of September 27, 2000, the Site Plan Review and Appearance Board approved, with conditions, a site plan for Ocean Hammock Townhomes, a 10 unit Townhouse project located on the southwest corner of Pelican Lane and Ocean Boulevard. Pursuant to LDR Section 6.1.3(B)(1)(b), the approved site plan included the construction of a 5' wide sidewalk on the south side of Pelican Lane between Ocean Boulevard and the west boundary of the project. The townhouses front on and take access from Pelican Lane. This roadway has a 40' right-of-way, of which the north 10' is located within the Town of Gulf Stream and the south 30' is located within the City of Delray Beach. A reduction in the required right-of- way from 60' to 40' was approved during the site plan review process, since all required improvements such as drainage, sidewalks, and vehicular travelways could be accommodated in the reduced right-of-way. Following site plan approval, the plans for reconstruction of Pelican Lane were modified to shift the pavement to the south so that the entire paved surface would be located with the City of Delray Beach. The reconstruction of the roadway has since been completed. As originally planned, there was adequate right-of-way left on the south side of Pelican Lane to accommodate a sidewalk and driveway transition aprons between the sidewalk and the roadway. Shifting the roadway to the south reduced the distance between the pavement and the edge of right-of-way to 7', which will accommodate a 2' curb and gutter and a 5' sidewalk. The transitions between the sidewalk and the roadway are no longer possible. Based on this change in circumstances, the applicant has requested a waiver to the sidewalk requirement of LDR Section 6.1.3(B)(1)(b), based on the following stated reasons: £) The sidewalk would not work well as it would present a dangerous condition due to the intersecting slopes of the townhouse unit driveways to Pelican Lane and the extreme property slope; ii.) The sidewalk would be dangerous located directly against the valley gutter; Meeting Date: June 20, 2001 Agenda Item: V.A. SPRAB Staff Report Ocean Hammock-Class II Site Plan Modification and Waiver Page :2 iii.) The sidewalk would be dangerous as it would run directly into the existing parking area of the condominium property to the west, where there is no sidewalk (or room for a sidewalk); iv.)The sidewalk would be dangerously close to cars parked in the townhome driveways; v.) Eliminating the sidewalk will provide longer slope areas between the garages and the valley gutter; and, vi.) Eliminating the sidewalk will allow for larger streetscape trees, and would eliminate small, unsightly slivers of landscape area between the sidewalk and valley gutter along Pelican Lane. Waiver Analysis: Pursuant to LDR Section 2.4.7(B)(5), prior to granting a waiver, the approving body shall make a finding that the granting of the waiver: (a) (b) (c) (d) Shall not adversely affect the neighboring area; Shall not significantly diminish the provision of public facilities; Shall not create an unsafe situation; or, Does not result in the grant of a special privilege in that the same waiver would be granted under similar circumstances on other property for another applicant or owner. LDR Section 6.1.3(A), Principles of Desi.qn <Sidewalks>, states that "the primarily purpose of sidewalks is to provide a safe place for pedestrian travel. Generally sidewalks are required along both sides of all streets". Pursuant to LDR Section 6.1.3(D)(1)(b), Waiver, where it is clear that the sidewalk system will not serve its intended purpose, a waiver may be granted during the site plan or plat process, as appropriate. A positive finding cannot be made for this waiver, as the sidewalk will serve its intended purpose to provide a safe means for pedestrian travel. Since Pelican Lane does not have a sidewalk along the north side of the street, approval of the proposed waiver would result in no sidewalks along the roadway. This situation would present an unacceptable risk to pedestrians which is worsened by the steep road grade at the approach to Ocean Boulevard. There are additional alternatives to providing the sidewalk immediately adjacent to the curb and gutter, beyond eliminating the sidewalk. The first is to relocate the sidewalk to the north side of the street within the Town of Gulf Stream. This alternative is not preferred, since development is along the south side of the roadway. It would also be more expensive, as a retaining wall would be necessary to accommodate the grade change to the north. The second, alternative is for the applicant to provide an easement along Pelican Lane to allow the sidewalk to be located 5' behind the curb and gutter. This would allow the driveway transition aprons to be installed as originally planned. SPRAB Staff Report Ocean Hammock-Class II Site Plan Modification and Waiver Page 3 Although the distance between the front of the garages and the sidewalk would be reduced from 25' to 20', this is still larger than a typical parking space and would accommodate guest parking. It should also be noted that if it had been known at the time of site plan approval that Pelican Lane needed to be relocated southward, the reduction in right-of-way width would not have been approved and the sidewalk could have been accommodated within the right-of-way. This would have had a much greater impact on the project. Although not relevant to the primary issue of pedestrian safety, the landscape areas between the buildings and the relocated sidewalk would remain large enough to accommodate the trees as shown on the approved landscape plan. Eliminating the sidewalk as proposed would cut off the pedestrian connection for Pelican Lane to Ocean Boulevard. This would create an unsafe situation for pedestrians and have a negative impact on the neighborhood. Given this situation, it cannot be stated that the same waiver would be granted under similar circumstances on other property. Granting of the waiver would result in the grant of a special privilege to the applicant. Therefore, positive findings with regard to LDR Section 2.4.7(B)(5) cannot be made and this waiver should not be granted. On May 24, 2001, the Development Services Management Group (DSMG) reviewed the request to eliminate the sidewalk. The DSMG denied the request on the basis that the two alternative sidewalk locations would be preferable to eliminating the sidewalk in its entirety. Deny a waiver to LDR Section 6.1.3(B)(1)(b) associated with a Class II Site Plan Modification for the Ocean Hammock, to eliminate the requirement to construct a 5' sidewalk on Pelican Lane, based upon a failure to make positive findings with respect to LDR Section 2.4.7(B)(5), and the Land Development Regulations. Attachments: · Approved Site Plan · Proposed Site Plan Report prepared by: Ron Hoqgard, Senior Planner s:\plannin.q & zonin.q\boards\sprab\ocean hamock waiver doc BOND WAY Wl THERSPOON McKEE LN. /- MARINA DELRA Y 4/EDGE- "J WOOD ~ CONDO ~" co WATERWAY NORTH CONDO INLET OVE GEORGE THE LANDINGS CONDO ;TWOOO M S A. M.S.A TRACT TRACT )RIVE N.E 5TH ST. N.E, 4TH BEACH DRIVE SEA SPRAY AVE, SOU TH- BRID GE - HA MP TON so u TH WA YS DRIP, ESTATES NORTH NORTH N CITY OFDELRAYBEACH, FL PLANNING &ZONINGOEPARTMENT OCEAN HAMMOCK -- DIGIt,,4/- ,~lSg' ,MAP SYET'E'M -- MAP REF LM474 June 25, 2001 Hand-Delivered City Clerk City of Delray Beach 100 NW 1 st Avenue Delray Beach, FL 33444 RECEIVED JUN 2 5 200J Re: Ocean Hammock Site Plan Modification (Sidewalk Waiver) SBRAB Waiver Request Appeal Dear Sir/Madam: Please be advised that pursuant to LDR Section 2.4.7(E), we are hereby requesting an appeal of a SPRAB waiver request denial made at the SPRAB meeting held on June 20, 2001, in connection with the above-referenced project. Pursuant to LDR Section 2.4.7 (E)(2): The action being appealed is the denial of a waiver reque~ st in connection with a site plan modification for the Ocean Hammock coach home project; SPRAB took denied the waiver at the SBRAB meeting held on June 20, 2001; The basis of the appeal is that the Site Plan Review and Appearance Board was evenly split in their vote denying the waiver request, with the members voting against the waiver unsure of their position, and we believe the Board did not consider all the ramifications of the decision; The relief being sought is approval of the waiver request and site plan modification to eliminate sidewalks along Pelican Lane; The name of the appellant is Ironwood Properties, Inc., as agent for Ocean Hammock Development Corp., the property owner. 277 Southeast Fifth Avenue · Delray Beach, Florida 3348k Tel: 561.279.8952 · Fax: 561.279.0611 · www. ironwoodproperties.com RECEIVED CITY CLERK City Clerk June 25, 2001 Page 2 Please advise as to the date the Commission will hear our appeal. Thank you for your assistance. Sincerely, Ironwood Properties, Inc. Cary Glickstein President cc: Ronald R. Hoggard, Jr., AICP June 25, 2001 Hand-Delivered City Clerk City of Delray Beach 100 NW 1 st Avenue Delray Beach, FL 33444 Re: Ocean Hammock Site Plan Modification (Sidewalk Waiver) SBRAB Waiver Request Appeal Dear Sir/Madam: Please be advised that pursuant to LDR Section 2.4.7(E), we are hereby requesting an appeal of a SPRAB waiver request denial made at the SPRAB meeting held on June 20, 2001, in connection with the above-referenced project. Pursuant to LDR Section 2.4.7 (E)(2): The action being appealed is the denial of a waiver request in connection with a site plan modification for the Ocean Hammock coach home project; SPRAB took denied the waiver at the SBRAB meeting held on June 20, 2001; The basis of the appeal is that the Site Plan Review and Appearance Board was evenly split in their vote denying the waiver request, with the members voting against the waiver unsure of their position, and we believe the Board did not consider all the ramifications of the decision; The relief being sought is approval of the waiver request and site plan modification to eliminate sidewalks along Pelican Lane; The name of the appellant is Ironwood Properties, Inc., as agent for Ocean Hammock Development Corp., the property owner. 277 Southeast Fifth Avenue · Delray Beach, Florida 33483 Tel: 561.279.8952 · Fax: 561.279.0611 · www. ironwoodproperties.com City Clerk June 25, 2001 Page 2 Please advise as to the date the Commission will hear our appeal. Thank you for your assistance. Sincerely, Ironwood Properties, Inc. Cary Glickstein President cc: Ronald R. Hoggard, Jr., AICP [lTV (IF DELRI:IV BEI:I[H DELRAY BEACH AII-AmerhmC#y 1993 JUN 2, 5 2001 i 100 N.W. ls!AVENUE-DELRAY BEACH, FLORIDA 33444 561/243-7000 June 21, 2001 Cary Glickstein Ocean Hammock Development Corp, 277 SE 5th Avenue Delray Beach, Florida 33483 RE: Ocean Hammock Site Plan Modification Your submittal for a waiver associated with a Class II Site Plan modification for the Ocean Hammock Townhomes project was reviewed by the Site Plan Review and Appearance Board on June 20, 2001 and the waiver was not approved. Please note that you have the right to appeal this action to the City Commission pursuant to LDR Section 2.4.7(E)(1). If you wish to appeal the action, you must submit a letter of appeal to the City Clerk within ten (10) working days of the action being appealed. Since July 4 is a holiday, the letter must be received by the City Clerk on of before July 5, 2001. As we discussed earlier, I will need three copies of the revised site plan for the pool relocation which does not show the sidewalk eliminated. However, if you are going to al~peal and you're not in a hurry, this can wait until after City Commission acts on the appeal. If the waiver is granted, the revised plans will not be necessary. Due to the short deadline, this letter has also been transmitted to you via email. Sincerely, Ronald R. Hoggard, Jr., A'fC~ (,J Printed on Recycle~ Paper THE EFFORT ALWAYS MATTERS TO: THRU: FROM: OR OF PLANNING AND ZONING SUBJECT: MEETING OF JULY 10, 2001 CONDITIONAL USE REQUEST TO ESTABLISH AN ASSISTED LIVING FACILITY (ALF), INDEPENDENT LIVING FACILITY (ILF), AND ADULT DAY CARE FOR MIL-ATLANTIC WHICH IS LOCATED ON THE WEST SIDE OF SOUTH MILITARY TRAIL, APPROXIMATELY 650' SOUTH OF WEST ATLANTIC AVENUE. A Conditional Use request is sought to establish an Assisted Living Facility (ALF), Independent Living Facility (ILF), and Adult Day Care for a project known as Mil-Atlantic. This development proposal was previously approved by City Commission on January 5, 1999, with an approval period of eighteen (18) months. The facility was not constructed and a timely extension request was not submitted and the approval has expired. The subject property involves two (2) parcels of land that are separated by the L-34 Canal. The development proposal includes the following: on the south parcel, construction of a 73,161 square foot combination one and three story ALF and Adult Day Care consisting of ninety-nine (99) units (105 beds), and an ILF consisting of thirty-one (31) units (35 beds); and on the north parcel construction of a 82,000 square foot three-story ILF consisting of 100 units (130 beds). Additional background and analysis can be found in the attached Planning and Zoning Board Staff Report. At its meeting of June 18, 2001, the Planning and Zoning Board held a public hearing in conjunction with review of the request. No one from the public spoke on the item. The Board voted 4-0 to recommend that the Conditional Use request to establish an ALF/ILF, and Adult Day Care for Mil-Atlantic be approved, based upon positive findings with respect to Chapter 3 (Performance Standards) and Section 2.4.5(E)(5) of the Land Development Regulations, and policies of the Comprehensive Plan subject to the following revised conditions of approval: 1. That the ALF/ILF be limited to 230 units (310 beds), and the Adult Day Care to fifteen (15) patients; 2. That a full site plan application be processed pursuant to Section 2.4.5 of the Land Development Regulations and that it be in general conformance with the sketch plan; 3. That a 30' wide road easement be provided parallel to the north property line, which does not contain any back-out parking; and, City Commission Documentation Meeting of July 10, 2001 Mil-Atlantic Conditional Use Request Page 2 o That a wall be provided along the south and west property lines where it abuts the single- family subdivisions, unless an alternative is suggested by the City Horticulturist with respect to saving the majority of the trees. By motion, approve the Conditional Use request to establish an ALF/ILF, and Adult Day Care for Mil-Atlantic based upon positive findings with respect to Chapter 3 (Performance Standards), Section 2.4.5(E)(5) of the Land Development Regulations, and the policies of the Comprehensive Plan subject to the conditions recommended by the Planning and Zoning Board. Attachments: r~ Planning and Zoning Board Staff Report The action before the Board is making a recommendation to the City Commission on a request for Conditional Use approval to establish an Assisted Living Facility and Adult Day Care for Mil-Atlantic ALF, pursuant to LDR Section 2.4.5(E). The subject property is located on the west side of Military Trail, approximately 650' south of West Atlantic Avenue, immediately south of Pines West Plaza. The subject property involves two parcels of land (fka Carussillo-Evans property) that are divided by the L-34 Canal. The parcel to the north of the canal contains 4.19 acres and the parcel to the south contains 3.621 acres. At its meeting of September 17, 1996, the City Commission annexed the southern parcel with Medium Density Residential 5- 12 du/ac FLUM designation and RM-8 zoning district designation. At its meeting of June 8, 1998, the City Commission annexed the northern parcel with Medium Density Residential 5-12 du/ac FLUM designation and RM-8 zoning district designation. On November 6, 1998, a Conditional Use request was submitted to establish an Assisted Living Facility (ALF) and Adult Day Care for a project to be known as Mil- Atlantic ALF. At its meeting of December 21, 1998, the Planning & Zoning Board recommended approval of the Conditional Use request. At its meeting of January 5, 1999, the City Commission approved the Conditional Use request subject to the following conditions: 1. That the ALF be limited to 230 beds and the Adult Day Care to seventy (70) patients; That a full site plan application be processed pursuant to Section 2.4.5 of the Land Development Regulations and that it be in general conformance with the sketch plan, except where modified along the south and west borders to preserve existing trees; 3. That a thirty-foot (30') wide road easement that does not contain any back-out parking be provided along the north property line; and, That a wall be provided along the north, south and west property lines where it abuts the single-family subdivisions, and that the applicant work with staff to provide appropriate landscaping along the wall. Subsequent to the approval of the Conditional Use request by the City Commission, an application for site plan approval was submitted, and at its meeting of August 25, 1999, Planning and Zoning Board Staff Report Conditional Use Approval - Mil-Atlantic ALF Page 2 the Site Plan Review and Appearance Board (SPRAB) approved the site plan for Mil- Atlantic ALF with conditions (see Exhibit "A"). The site plan and conditional use approvals have since expired, and on May 4, 2001, a Conditional Use request was submitted to reapprove the original application to establish an ALF/ILF and Adult Day Care. The parcel to the north is vacant with the exception of two billboards located at the northeast and southeast corners of the parcel and a row of trees along the west property line. The parcel to the south is vacant with the exception of a billboard located at the southeast corner of the parcel and a row of trees along the west and south property lines. The two parcels will be connected internally by a bridge over the canal. Access to the site is provided from Military Trail with three ingress/egress points (two for south parcel and one at the north end of the northern parcel). The project will be phased, however the order of completion of the phases is not specified and will be determined based upon market demand. The entire development will be licensed as an ALF, but offers different levels of care and services for each building. The development proposal consists of the following: SOUTH PARCEL: Construction of a 73,161 square foot combination one and three story structure. This facility will house an Adult Day Care, Alzheimer care and ALF consisting of 105 beds (99 units). The total number of 105 beds will be provided in the following unit types: eighty-two (82) studio units, eleven (11) one bedroom units, and six (6) two bedroom units. The AIzheimer wing is located on the first floor at the south end of the building. The kitchen, dining room, and multi-purpose room are located at the north end of the building, also on the first floor. The second and third floors consist almost entirely of rooms with a care station on the second floor and an additional multi-purpose room on the third floor; · An Independent Living Facility (ILF) is indicated as a "Future Phase", and will contain thirty-one (31) units (31 beds); · Demolition of the existing billboard; · Installation of fifty-one (51) parking spaces that are situated along the south, east and west sides of the structure; and, · Installation of a refuse area and proposed lift station. Planning and Zoning Board Staff Report Conditional Use Approval - Mil-Atlantic ALF Page 3 NORTH PARCEL: · Construction of a three-story 82,000 square foot ILF with 100 units (170 beds); · Demolition of the existing billboards; · Installation of an outdoor pool area; and, · Installation of 120 parking spaces with a two-way access drive leading to the neighborhood to the west, and a refuse area. The applicant has submitted the following narrative describing the operation: "The North Parcel is to be developed with 100 units for Independent Living. The South Parcel is to be developed with a 130 unit Assisted Living Facility, of which 21 units to be dedicated to residents with dementia, and a Senior Day Care Center for 10-15 occupants. The facility wi//be operated on a 24 hour basis. Meals will be provided on a one (1) meal per day for Independent and three (3) meals per day for Assisted. Each facility will contain social, recreational and therapeutic spaces for the use and enjoyment of the residents. The Campus will be developed is stages, but the sequence has not yet been determined". I I REQUIRED FINDINGS: (Chapter 3): Pursuant to Section 3.1.1 (Required Findings), prior to the approval of development applications, certain findings must be made in a form which is part of the official record. This may be achieved through information on the application, the staff report, or minutes. Findings shall be made by the body, which has the authority to approve or deny the development application. These findings relate to the following four areas. FUTURE LAND USE MAP: The use or structures must be allowed in the zone district and the zoning district must be consistent with the land use designation. The subject property has a Future Land Use Map designation of MD (Medium Density Residential 5-12 du/ac) and a zoning designation of RM-8 (Multi-Family Residential 8 du/ac). The zoning district is consistent with the MD Future Land Use Map designation and "Adult Living Facilities and Adult Day" are listed as Conditional Uses in the RM district [LDR Section 4.4.6 (D)(1) and (3)]. Planning and Zoning Board Staff Report Conditional Use Approval - Mil-Atlantic ALF Page 4 CONCURRENCY: Facilities which are provided by or through, the City shall be provided to new development concurrent with issuance of a Certificate of Occupancy. These facilities shall be provided pursuant to levels of service established within the Comprehensive Plan. Concurrency as it relates to Water and Sewer, Streets and Traffic, Parks and Open Space were discussed in the Annexation report. Concurrency as it relates to Drainage, and Solid Waste are discussed below. Drainage: Paving and drainage plans are not required for the conditional use analysis. Drainage can be accommodated via an exfiltration system and/or sheet flow into sodded swale areas with outfall to the canal. Thus, positive findings with respect to this level of service standard can be made. If the conditional use request is approved, a paving and drainage plan must be provided with the submittal of the site plan. Solid Waste: The proposed development will generate 572 tons (194,123 square feet x 5.9 pounds per square foot per year = 1,145,325 + 2,000 = 572 tons) of solid waste per year. The Solid Waste Authority has indicated that it has enough landfill area to accommodate projects through the year 2020. Therefore, positive findings with respect to this level of service standard can be made. CONSISTENCY: Compliance with performance standards set forth in Chapter 3 and required findings in Section 2.4.5(E)(5) for the Conditional Use request shall be the basis upon which a finding of overall consistency is to be made. Other objectives and policies found in the adopted Comprehensive Plan may be used in making a finding of overall consistency. Housing 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 proposed ALF and Adult Day Care is inconsistent with this policy, as the nature of the use will be restricted to adult residents. However, given the property's extensive frontage along Military Trail, and its relatively shallow depth, it is not a prime location for a single-family subdivision or a multi-family development. It is also noted that the area northwest of the site is already experiencing a saturation of multifamily developments. Based on the above, while the use as an ALF/ILF is inconsistent with this policy, it appears that it may be the most appropriate use for this particular property. Planning and Zoning Board Staff Report Conditional Use Approval - Mil-Atlantic ALF Page 5 Future Land Use Element Objective A-l: 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 uses, and fulfills remaining land use needs. The subject property does not have any unique environmental characteristics that would prohibit development of the site or require mitigation measures. The property can be developed in a manner that will be complementary to the adjacent residential areas and the commercial development to the north. While the use as an assisted living facility and adult day care does not fulfill a remaining land use need as identified within the City's Comprehensive Plan (for reasons stated above), it will fulfill the need for moderate and middle income housing. With the review of the site plan this policy will be revisited. SECTION 2.4.5(E) REQUIRED FINDINGS: (Conditional Use) Pursuant to Section 2.4.5(E)(5) (Findings), in addition to provisions of Chapter 3, the City Commission must make findings that establishing the conditional use will not: A. Have a significantly detrimental effect upon the stability of the neighborhood within which it will be located; B. Nor that it will hinder development or redevelopment of nearby properties. The subject property is bordered on the north by City zoning of Planned Commercial (PC); to the south and west by Palm Beach County zoning of Agricultural Residential (AR); and the east, across Military Trail, by Palm Beach County zoning of Single Family Residential (RS), City zoning of General Commercial (GC) and Single Family Residential (R-l-A). The existing land use to the north is the Pines West Plaza; to the south and west is Country Club Acres; to the east, across Military Trail is Boca Delray Animal Hospital, Country Club Acres, and The Hamlet. Compatibility with the adjacent residential subdivisions to the west and south is a concern. The site plan indicates that the proposed building will be three stories in height. The site plan has been designed to create some buffer area between the adjacent residential developments by providing a building setback of forty-two feet (42'), and the inclusion of a six-foot (6') high concrete wall along the south and west sides of the south property. To be more sensitive to the adjacent residential development, the vast majodty of the existing trees along the west and south property lines of the south property will be retained, which will provide for a landscape buffer that is fifteen feet (15') in width. This Planning and Zoning Board Staff Report Conditional Use Approval - Mil-Atlantic ALF Page 6 situation should be replicated to the extent that is possible along the west side of the north parcel as well. While a six-foot (6') high concrete wall has been proposed to mitigate the height of the three-story structure from the adjacent residential neighborhoods to the south and west, the rear of the Pines West Plaza abuts the development on the north side and is rather unsightly. It is recommended that the six-foot (6') high wall be continued along the west and north property lines of the north parcel, and is attached as a condition of approval. COMPLIANCE WITH LAND DEVELOPMENT REGULATIONS: In conjunction with the Conditional Use request a sketch plan was submitted which staff has reviewed. If the Conditional Use is approved, a full site plan submittal complying with LDR Section 2.4.3 will be required. Based upon staff's review of the sketch plan and site inspections, the following "Items of Concern" have been identified. The attached technical comments, which include the items below, have been transmitted to the applicant and will need to be addressed with revised plans. LDR Section 4.3.3 (C) Assisted Livinq Facility Common Area: A minimum of 10% of the total floor area of an ALF shall be devoted to a common area wherein a variety of recreational or therapeutic activities may occur. This floor area shall be calculated exclusive of halls, corridors, stairs, elevator shafts, and garages. The sketch plan indicates that 13,431 square feet, or 11.97% of the total floor area is devoted to recreational or therapeutic activities, therefore meeting the intent of the regulation. Intensity - Post 1987 Structures: ALF(s) which are to be established in buildings constructed on, or after, January 1, 1987 shall be permitted to house residents as follows: Residential Zone Districts - 900 square feet of lot area per bedroom. Based upon the above requirements the 7.81 acre site can accommodate a total of 378 beds. One of the previous conditions of approval was that the ALF be limited to 230 beds. With this proposal 306 beds are being requested, however there are only 230 total units being proposed as many units have two beds. Facilities Requirements: An ALF located in any zone district shall provide outdoor amenities, landscaping, design features, and yard space to serve the residents. Such features shall be reviewed and approved concurrent with the Conditional Use approval. Planning and Zoning Board Staff Report Conditional Use Approval - Mil-Atlantic ALF Page 7 The sketch plan indicates that 44.3% open space will be provided with this development proposal. Outdoor amenities include a pool on the north parcel, and four (4) patios and a gazebo on the south parcel. LDR Section 4.3.3 (E) Adult Day Care Floor Area: Facilities shall contain a minimum floor area of thirty-five (35) square feet per adult, exclusive of space devoted to bathrooms, halls, kitchen, offices, and storage. The applicant has indicated that the proposed 2,334 square foot Adult Day Care center can accommodate up to sixty-six (66) patients based on the above formula. Loading Area: A pickup and drop-off area for the adults shall be provided in a convenient area adjacent to the building and shall provide clear ingress and egress to the building. This requirement has been addressed on both the north and south parcels. LDR Chapter 4.6 Supplementary District Regulations: Parking: Pursuant to LDR Section 4.6.9 (C)(7)(b), parking for ALF's shall be calculated at the rate of one (1) space for each four (4) beds. Pursuant to Section 4.6.9(C)(7)(h), Adult Day Care shall provide one (1) parking space per 300 square feet. Parking for the ILF (north parcel) containing 170 beds has been calculated at the same rate as an ALF for a total of forty-three (43) required parking spaces. The 120 parking spaces provided on the plan for the ILF could be decreased to allow for additional open space and amenities. The ALF located on the south parcel has 136 beds, and accordingly is required to provide thirty-four (34) parking spaces. The Adult Day Care component on the south parcel requires eight (8) parking spaces, thereby creating a total of forty-two (42) required parking spaces, and fifty-one (51) spaces have been provided. Landscaping: Pursuant to LDR Section 4.6.16(H)(3)(e), where any commercial areas abut a residential zoning district or properties in residential use, in addition to the requirements established for district boundary line, one tree shall be planted every twenty-five feet (25') to form a solid tree line. The above requirement applies along the south and west property lines, and it would appear that the requirement is met by the proposed plans. Planning and Zoning Board Staff Report Conditional Use Approval - Mil-Atlantic ALF Page 8 Access Easement The subject property abuts a residential area to the west consisting of ten (10) lots, which are located south of the Pines West Plaza shopping center. The single-family homes obtain access by traveling through the parking lot of the shopping center, which fronts on West Atlantic Avenue. As a result of this development pattern, it is very difficult for emergency services to access the area in a timely manner. Thus, unacceptable response times have resulted. With development of this property an easement will be required along the north portion of the property to allow direct access from South Military Trail to the subdivision. The applicant at the time of annexation agreed to provide this easement. The easement should be a width of at least thirty feet (30') to serve as an access drive for the neighborhood, and run parallel to the north property line of the development. Plaffin~: Water and sewer main extensions will be required of this development proposal. In addition a lift station will need to be deeded to the City. Given these factors the property must be platted pursuant to Chapter 5. It is noted that at the time of the resubmission of this Conditional Use request, the applicant has submitted for plat approval. Solid Waste: While two (2) refuse areas are proposed on the site, given the volume of solid waste generation (572 tons of solid waste per year), trash compactors should be considered. The development proposal is not located within a geographical area requiring review by the CRA (Community Redevelopment Agency) or the DDA (Downtown Development Authority). Site Plan Review and Appearance Board: If Conditional Use approval is granted, a revised site plan must be submitted accommodating the concerns raised through the conditional use petition. Final action on the site plan will rest with the Site Plan Review and Appearance Board (SPRAB). Public Notice: Formal public notice has been provided to property owners within a 500' radius of the subject property. Letters of objection or support, if any, will be presented at the Planning and Zoning Board meeting. Planning and Zoning Board Staff Report Conditional Use Approval - Mil-Atlantic ALF Page 9 Courtesy Notices: Courtesy notices have been provided to the following homeowner's associations, which have requested notice of developments in their areas: r3 Country Club Acres [] Greensward Village Condominium Association (within The Hamlet development) [] Hamlet Residents Association [] Highland Trailer Park [] PROD (Progressive Residents of Delray) El Presidents Council [~ Sherwood Forest [~ Sunset Pines The proposed Conditional Use is to establish an Assisted/Independent Living Facility with a total of 230 units (306 beds) and Adult Day Care (15 occupants) for Mil-Atlantic ALF. The use is not consistent with Housing Element Policy B-2.2 that discourages adult oriented communities. However, the alternative use of the site as multiple-family or single-family development would be less desirable (or less feasible) given the property's extensive frontage along South Military Trail, and its relatively shallow depth. To enhance compatibility a wall should be provided along the north, south and west property lines where the development abuts single-family developments and a commercial development. Continue with direction. Recommend approval of the request for Conditional Use request for Mil-Atlantic ALF based upon positive findings with respect to Section 2.4.5(E)(5) (Compatibility), Chapter 3 (Performance Standards) of the Land Development Regulations, and the policies of the Comprehensive Plan, subject to conditions. Recommend denial of the Conditional Use request for Mil-Atlantic ALF based upon a failure to make positive ,findings with respect to Section 2.4.5(E)(5) (Compatibility). Planning and Zoning Board Staff Report Conditional Use Approval- Mil-Atlantic ALF Page 10 Recommend approval of the request for Conditional Use approval for Mil-Atlantic ALF to establish an ALF/ILF and Adult Day Care based upon positive findings with respect to Section 2.4.5(E)(5) (Compatibility), Chapter 3 (Performance Standards) of the Land Development Regulations, and the policies of the Comprehensive Plan, subject to the following conditions: 1. That the ALF/ILF be limited to 230 units (306 beds) and the Adult Day Care to fifteen (15) patients. That a full site plan application be processed pursuant to Section 2.4.5 of the Land Development Regulations and that it be in general conformance with the sketch plan. 3. That a thirty-foot (30') wide road easement be provided parallel to the north property line, and does not contain any back-out parking. 4. That a wall be provided along the north, south and west property lines where it abuts the single-family subdivisions. Attachments: · Exhibit "A" · Location Map and Sketch Plan I~ANAL L-33 ............ -- ..... CANAL <1 L, OF SQUARE FLEA~.l.~--.-J l t ~ MARKET N ~ST A T L A N T I C ~ PINES .... ~ I I ~-~ *~s - ~o*~ ~~ ~ / ~ I L ) c ~ ~ ' -4---ff:-ff--~--~--~~ - _~___L__L-_---'-_J~ I 7 -- ........ .-, -- - ~ ....... ~-- --r--7-- - ~ .... ,- ..... ~ .... ~-~ ..... IIIJtllllllllillllllltJllllJllll~lll~ N CITY OF' DELRAY BEACH. FL PLANNING ~ ZONING DEPARTMENT MIL-ATLANTIC A.L.F. (ASSISTED LIVING FACILITY) -- DIGI)'.,a.I. ~A~' Jl,J4P SY~7'~M -- MAP REF. LM241 /- DELRAY BE~CH '~j,~, ~ AJFAJTeficaCity September 17, 1999 Mr Philip Pearlman 3910 North 56th Avenue Suite 102 Hollywood, Florida 33021 Re: Mil-Atlantic ALF - Conditions of Approval Dear Mr. Peariman: Th~s letter is being prowded to you as the designated agent for the above referenced project At its meeting of August 25, 1999 the Site Plan Rewew and Appearance Board granted site plan approval for Mit-Atlantic ALF subject to the following conditions: 1 That the ex~st~ng chain link fence located at the northwest corner of the Phase l site be removed and a note to that effect prowded on the plans 2 A City of Delray Beach standard parking stall detail must be provided on the engineering and site plan and that a ~Type "D" curb detail e provided on the engineering plan 3 Lift station, drainage and fire flow calculation must be prowded. 4 That the limits of required curbing be provided on the site plan and landscape pian. 5. That the handicap accessible pathways from the parking stalls to the building be md~cated on the rote plan. The handicap parking stalis do not appear To have s~dewalks from loading area To building entrance, please clarify 6 That the engineering plans indicate the existing and proposed grades and provision of a detail of proposed perimeter grade. _ re,t~,.~ the correct building [ ~hat the build~na not exceed a height of 35' and that the site data height 8 That a 30' setback be provided to the canopy located along the north prope,'-[y line 9 That information De provided for the adult day care function including square footage, number of pauems, and parking calculations. To: -Mr. Philip Pearlman ..- '::. :- Re: Conditions of Approval; ')liI-Atlanbc ALF '} Page 2 10. That a drop-off area be prowded for the adult day care located along the south side of Phase I building. 11. That a detail of the lighting fixture and a photometric plan be provided prior to submittal of building permits. That the driveway be redesigned to provide adequate turning radius for emergency vehicles 13. That the site data include the square footage and percentage of floor area that is devoted to common area for recreational or th. erapeutic activities for the ALF. 14. That the billboards located on Phase II be removed with the development of Phase 1. 15. That the subject property be platted pursuant to Chapter 5 and recorded prior to issuance of a building permit. 16 A note must be provided on the plans that all prohibited plant species shall be eradicated from the development site and re-establishment of prohibited spaces shall not be permitted 17 A note must be prowded on the plans that the unpaved portion of the right-of-way adjacent to the prope~y line shall be landscaped with sod and prowded with ~rrigation and maintenance 18 That the Cocoplum hedge located along Military Trail ~n front of the berm be relocated to the rear of the berm and groundcovers provided in front of the hedge 19. That the conflicts with trees and streethghts be eliminated. 20. The trees shall be a minimum of 12' overall height at the time of planting with a minimum of 4' single straight trunk with 6' of clear trunk and 6' spread of canopy. The Pigeon Plum and Crepe Myrtle do not meet this requirement 21. That the wall along Polk Road be relocated to the interior of the landscape strip (5') and that a hedge be provided on the exterior of the wall. 22. That the Oak trees prowded along the south property hne not exceed 25' on center. 23 (NEVi/) That the sixty-one (61) Crepe Myrles be d~vided ~nto 2 different approved species that meets the m~nimum of 12' overall height requirement, 24. That the hedge along the north property line be completed 25. That the Wash~ngtonia Palms be changed to 12'-16' overall height. 26. That the perimeter hedge on the south, west and the north property line be changed to another native species rather than Cocoplum, 27. That the east property hne remain the Cocoplum. .-~, To: -~vlr. Philip Pearlman~.' Re: Conditions of Approval .~liI-Atlantic ALF Page 3 Please be advised that the site plan approval is valid for 18 months, thus expiring on February 25, 2001. Prior to the expiration date 25% of the cost of all improvements must be constructed in order for this proposal to be considered established. Next Steps Submit three (3) copies of the revised site, landscape, engineering, floor and building elevations plans addressing the conditions of approval. Once all conditions have been addressed certification (sign-off) of the site plan will occur and you may then proceed to the Community Improvement Department to obtain a building permit. Should you have any questions, do not hesitate to contact me at 243-7049. ,,¢cerely' ~,a net Meeks 'Senior Planner '1 il: P 1. A T T E' ,D MILITARY TRAIL &: WI[ST ATLANTIC AVENUE O~L~AY FIE:A ~, COLLECTIVE BARGAINING AGREEMENT between the City of Delray Beach and the Police Benevolent Association October 1, 2001 - September 30, 2004 POLICE OFFICERS AND SERGEANTS MEMORANDUM OF UNDERSTANDING The City of Delray Beach, Florida and the Palm Beach Police Benevolent Association (the parties) agree as follows: Effective May 5, 2001, the following provisions will apply to the bargaining unit represented by the PBA: 1.Any Police Officer making under $34,000 will be brought up to $34,000. 2. Police Officers/Sergeants with 2 years experience but less than 4 years experience will receive a one-time $1,500 increase in their base rate of pay. 3. Police Officers/Sergeants with 4 years experience but less than 6 years experience will receive a one-time $3,000 increase in their base rate of pay. 4. Police Officers/Sergeants with 6 years experience or more will receive a one-time $4,500 increase in their base rate of pay. 5. Should these increases take the Police Officer/Sergeant to top-out, if there is any money remaining from the increase that money would be paid as a bonus. 6. Sergeant's Equity Adjustment - On or about October 1, 2001, all sergeants shall receive a one-time equity base rate adjustment of $1,500 per annum ($0.72 per hour). Sergeants who were promoted from the Career Officer program shall receive the $1,500 adjustment mentioned above less that amount already received as a career officer adjustment. 7. Experience Increases - In addition to the current pay for performance/merit system, the City shall provide three incremental increases in salary based on experience that increases the value of a police officer. These experience increases will occur after the completion of the second, fourth and sixth evaluations and will be a one-time $1,500 increase in the base rate of pay. To qualify for these increases, employees must receive an individual performance increase of 3.5% or greater for two successive years prior to the first experience increase (24 months), and 4% or greater for each of the two successive years preceding their second (48 months) and third (72 months) experience increases. 8. Lump Sum Bonus Increase - The City shall remove ~he 3% cap to the top-out bonus and allow for the payment of full value of the performance increase. The maximum lump sum bonus awarded shall be the amount of the Performance Appraisal recommended and not received. 9. This Memorandum of Understanding is intended to substitute for and supercede the entire Memorandum of Understanding between the parties dated December 5, 2000 and such Memorandum Of Understanding shall no longer have any force and effect. 10. When approved by the parties, this Memorandum Of Understanding shall be effective for the period from May 5, 2001 through September 30, 2001. 11. The parties represent that they have full legal authority to enter into this Memorandum Of Understanding. 12. Ail other terms of the Collective Bargaining Agreement for the period October 1, 1998 - September 30, 2001 are binding, except where expressly modified herein or hereinafter modified by the parties. Dated this __day of .., 2001 Attest City of Delray Beach, FL City Clerk By: City Manager Approved to form Police Benevolent Association City Attorney By: CITY OF DELRAY AND POLICE BENEVOLENT ASSOC. CONTKACT 2001 - 2004 Preamble Article 1 Article 2 Article 3 Article 4 Article 5 Article 6 Article 7 Article 8 Article 9 Article 10 Article 11 Article 12 Article 13 Article 14 Article 15 Article 16 Article 17 Article 18 Article 19 Article 20 Article 21 Article 22 Article 23 Article 24 Article 25 Exhibit A Article 26 Article 27 Article 28 Article 29 Article 30 Article 31 TABLE OF CONTENTS Recognition Dues Check Off Union Representation P.B.A. Business Labor-Management Committee Bulletin Boards Solicitation of or by Employees Management Rights Hours of Work and Overtime Wages Hospitalization Insurance Pension Plan Matters Holidays Vacation Sick Leave Leaves of Absence With Pay Leaves of Absence Without Pay Bereavement Leave Miscellaneous Considerations Nepotism New Employee Agreements Probationary Period - New Employees Probationary Pedod - Promoted Employees Seniority Promotions Promotion in the Police Department Physical Fitness Outside Employment Resignation Non-Applicability of Civil Service Act and Civil Service Rules and Regulations Compre. Alcohol & Drug Abuse Policy for City of Delray Beach Police Dept. Empl. Damage to City Property PaRe 1 2 3 4 6 9 11 12 13 19 23 29 31 32 36 39 42 43 44 45 47 48 49 50 52 55 57 59 61 63 64 65 72 CITY OF DELRAY AND POLICE BENEVOLENT ASSOC. CONTRACT 2001 - 2004 Article 32 Article 33 Article 34 Article 35 Article 36 Article 37 Article 38 Article 39 Article 40 Article 41 Article 42 Article 43 Article44 Article 45 Article 46 Article 47 Discipline Absence Without Leave Police Bill of Rights No Strike Personnel Documents Uniform Allowance Disability Insurance Sick and Vacation Pay-out Accruals Take Home Vehicle Plan Grievance Procedures Workers' Compensation Contract Constitutes Entire Agreement of the Parties Severability and Waiver Duration, Modifications, and Termination Amendments Execution of Agreement 74 79 8O 92 94 95 96 97 98 99 110 111 113 114 115 116 CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2001-2004 PREAMBLE This Agreement is entered into by the employer, the City of Delray Beach, Florida, a Florida municipal corporation, hereinafter referred to as "City", and the Police Benevolent Association, hereinafter referred to as the "P.B.A.", for the purpose of promoting harmonious relations between the City and the bargaining unit represented by the P.B.A., hereinafter referred to as "members" or "employees", to establish an orderly and peaceful procedure for settling differences which might arise and to set forth the basis and full agreement between the parties concerning rates of pay, wages, hours of work, and other conditions of employment. The terms, provisions, and conditions of this Agreement shall have no retroactive effect, but shall only commence upon the effective date of this Agreement unless a specific article or provision of this Agreement provides otherwise. 1 CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2001-2004 ARTICLE 1 RECOGNITION Section 1 The City of Delray Beach recognizes the Police Benevolent Association (the P.B.A.) as the certified bargaining agent for all employees in the bargaining unit for all matters relating to wages, hours, and terms and conditions of employment. Section 2 The bargaining unit represented by the P.B.A. under this Agreement shall include all sworn employees of the Police Department within the ranks of police officer and sergeant. Excluded from the bargaining unit shall be all non-sworn employees of the Police Department, the Chief of Police, majors, captains, and lieutenants. 2 CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2001-2004 ARTICLE 2 DUES CHECK OFF Employees of the bargaining unit may make arrangements with the City for a payroll deduction of P.B.A. dues and uniform assessments. Upon receiving a proper request from the employee, the City will deduct such dues and uniform assessments from the subject employee's compensation and remit the amount deducted to the P.B.A. The P.B.A. agrees to indemnify, defend, and hold the City harmless from and against all claims, costs, demands, expenses, judgments, or other liabilities on account of dues or uniform assessments erroneously collected by the City and/or remitted to the P.B.A. The P.B.A. further agrees to refund to the City any amounts paid to the P.B.A. in error, upon presentation of proper evidence thereof. 3 CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2001-2004 ARTICLE 3 UNION REPRESENTATION Section 1 The City agrees that during the term of this Agreement it will deal only with the authorized representatives of the P.B.A. in all matters requiring mutual consent or other official action called for by this Agreement. The P.B.A. agrees to notify the City Manager and the Police Chief, in writing, of the names of such authorized representatives as of the execution of this Agreement and replacements therefor during the term of this Agreement. Section 2 The P.B.A. likewise agrees that during the term of this Agreement, the P.B.A. and the employees covered hereunder shall deal only with the City Manager or his representative in matters requiring mutual consent or other official action. Section 3' The P.B.A. may designate four (4) general representatives and one (1) chief representative, in addition to its attorney, whose right it shall be to represent the employees in the bargaining unit, at those times set forth in this Agreement in which such employees are entitled to representation. Notice by the City to the chief representative, or to his designee in the absence of the chief representative, shall be 4 CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2001-2004 notice to all representatives, c/o the Delray Beach Police Department address. Employees shall retain the option of proceeding individually or being represented by a person of their own choosing. 5 CITY OF DELI,AY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2001-2004 ARTICLE 4 P.B.A. BUSINESS Section 1 Employees who are P.B.A. officials or their designees may be permitted by the Police Chief or his designee to swap an unlimited, but reasonable, number of shifts during the contract year(s) to conduct P.B.A. business, provided a written request is submitted at least seventy-two (72) hours prior to the time- off period, and provided such request is approved by the Police Chief or his designee, such approval not to be unreasonably withheld. No additional overtime shall be paid to employees of the bargaining unit as a result of such swapping of shifts, notwithstanding the provisions as set forth in Article 9 of this contract. All such swapping of shifts must be completed within a six (6) month period of time. All such swapping shall be purely voluntary on the employee's part and shall be solely for the employee's benefit and not that of the City; therefore, no overtime shall be paid as a result of such shift swapping. Section 2 A PBA Bargaining Unit Time Pool shall be established on the basis of each bargaining unit member contributing three (3) straight hours of annual leave to the pool on an annual basis. Said three (3) hours will be deducted from each bargaining unit member's account in the second pay period of October and thereafter placed in the Bargaining Unit Time Pool. 6 ~.~ ~ ¥ or U~t. RAY BtrA~.H &. POLICt~ BENEVOLENT ASSOCIATION CONTRACT 2001-2004 Section 3 The Bargaining Unit Time Pool will be charged for all hours during which an elected or appointed PBA official is on an on- duty release to conduct PBA business. Section 4 Ail requests for the use of the Bargaining Unit Time Pool shall be submitted by the lead representative of the association or his/her designate to the Chief of Police or his authorized designate at least three (3) calendar days in advance of the requested time off. However, this shall not preclude management from granting leave with less than three (3) days notice. Section 5 At the sole discretion of the Chief of Police, said use of the Bargaining Unit Time Pool may be denied if the absence of PBA officials creates insufficient manpower to maintain efficiency of operations within the Police Department. Section 6~ Bargaining unit members, up to a maximum of three (3), shall be permitted to attend contract negotiations on an on-duty status. Bargaining unit members on an off-duty status shall not be carried on an on-duty status for the sessions. In the event that staffing concerns arise regarding a bargaining unit member's assignment conflicting with attending contract CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2001-2004 negotiations, supervisory approval shall be required prior to attending. Section 7 A PBA Representative will be afforded a reasonable amount of on-duty time to prepare and assist bargaining unit members in disciplinary actions. Representatives on an off-duty status shall not be carried on an on-duty status for this purpose. In the event that staffing concerns arise regarding a representative's assignment conflicting with the proceedings supervisory approval shall be required beforehand. CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2001-2004 ARTICLE 5 LABOR-MANAGEMENT COMMITTEE Section 1 There shall be a Labor-Management Committee consisting of the following employee-management representatives: (1) Three (3) bargaining unit representatives, as designated by the P.B.A. (2) Three (3) management employees, as designated by the City Manager. Section 2 Meetings of this committee may be scheduled at the request of either party upon five (5) days notice in advance. The party requesting such a meeting shall forward to the designated representative of the other party an agenda specifying those questions/issues to be presented for discussion. The time, place, and duration of discussion shall be determined by the City. Section 3 The sole function of the Labor-Management Committee shall be to discuss general matters pertaining to employer-employee relations. The Committee shall not engage in collective bargaining or the resolution of grievances. 9 CITY OF DELKAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTR~,CT 2001-2004 Section 4 The City will endeavor to schedule such committee meetings so as not to unduly interfere with the regularly scheduled shift of any bargaining unit member designated to attend. The P.B.A. shall submit to the City Manager (or his designee) in advance, and keep current, a list of those bargaining unit members who will be designated for said Committee. 10 CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2001-2004 ARTICLE 6 BULLETIN BOARDS The P.B.A. may provide two (2) serviceable, locked and glass-encased bulletin boards in the Police Department building [one (1) at a designated and appropriate location on the first floor and one (1) at a designated and appropriate location on the second floor] for use by the P.B.A. in posting notices of P.B.A. business and activities. All materials posted must be signed by an officer of the P.B.A., who shall be held responsible for the content of such materials. A copy of all such materials shall be provided to the Police Chief or his designee in advance of such posting. The bulletins, notices, or materials posted shall contain nothing of a political nature (excluding political material relating to P.B.A. elections) and nothing of a derogatory nature toward the City, its elected officials, its officers, or employees, as determined by the City. 11 CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2001-2004 ARTICLE 7 SOLICITATION OF OR BY EMPLOYEES Section 1 Unless specifically authorized by the City Manager, all solicitations among City employees during working hours for commercial, charitable, or union purposes, and selling of tickets, magazines, and other merchandise, is prohibited. Section 2 Employee organizations, their members, agents, or representatives, or any persons acting on their behalf are hereby prohibited from and shall not be required to: A. Solicit public employees during working hours of any employee who is involved in the solicitation. B. Distribute literature during working hours in areas where the actual work of public employees is performed, such as offices, warehouses, schools, police stations, fire stations, and any similar public installations. This section shall not be construed to prohibit the distribution of literature during the employee's lunch hour or in such areas not specifically devoted to the performance of the employee's official duties. C. Solicit for commercial, charitable, or union purposes, and sell tickets, magazines, or other merchandise while in City uniform or attire, or while using City vehicles or equipment. 12 CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2001-2004 ARTICLE 8 MANAGEMENT RIGHTS Section 1 The City exclusively reserves and retains all rights, powers, prerogatives and authority customarily exercised by management and held or exercised by the City prior to the certification of the P.B.A., except as limited by law or expressly modified by this Agreement. Section 2 The City of Delray Beach shall have the right, subject only to express restrictions in this Agreement, and subject to the PBA's right if any to impact bargain, to exercise its own discretion unilaterally on all of the following matters, whatever may be the effect on employment, when in its sole discretion it may determine it is advisable to do any or all of the following: 'To manage and administer the affairs of the City generally. To decide the purpose of each of its constituent agencies. To set standards of service to be offered to the public. To exercise control and discretion over its organization and operation. 13 CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTI;~ACT 2001-2004 10. 11. To direct its employees· To take disciplinary action and discharge employees for just cause as to both non-probationary and probationary promoted employees, and to take disciplinary action against and discharge with or without cause new probationary employees. To relieve its non-probationary employees from duty because of lack of work and other legitimate reasons, to remove a promoted probationary employee from the position to which he was promoted. In the event a promoted probationary employee is removed for failure to satisfactorily perform job duties, he shall be returned to the position from which he was promoted (and this shall not be construed as a limitation upon or a waiver of the City's right to discharge or discipline such a promoted probationary employee). The City may likewise remove other promoted probationary employees which may be necessary because of the return of this employee to his former position. To relieve other probationary employees from duty for any reason. To determine and redetermine work schedules. To maintain order and efficiency in its operations. To determine and redetermine starting and quitting times, in which case the City shall provide to the affected employees five (5) calendar days notice in advance of any changes in such starting and quitting 14 CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2001-2004 times, except that no such advance notice shall be required in cases of emergency as determined by the City. 12. To determine and redetermine the number of hours to be worked, in which case the City shall provide to the affected employees five (5) calendar days notice in advance of any changes in such number of hours to be worked, except that no such advance notice shall be required in cases of emergency as determined by the City. 13. To require employees to submit to a medical examination by a physician designated by the City. 14. To promulgate rules and regulations for its employees not in conflict with the provisions of this Agreement. 15. To set the standards and procedures for application, testing, selection procedures, and appointment to positions in the Police Department. 16. To take disciplinary action against employees who violate any provisions of this contract or any rules and regulations promulgated by the City not in conflict with the provisions of this Agreement. 17. To enforce and make amendments to the General Orders at any time, and to enforce the provisions in such General Orders against both probationary and non- probationary members of the bargaining unit, and to take disciplinary action against employees for failure to follow the provisions of such General Orders. 15 CITY OF DELKA¥ BEACH 8: POLICE BENEVOLENT ASSOCIATION CONTRACT 2001-2004 18. 19. However, the exercise of such rights by the City shall not necessarily preclude employees or their representatives from raising grievances, should decisions on the above matter set forth in this subsection have the practical consequence of violating the terms and conditions of this Agreement. Under reasonable circumstances, to dismiss or otherwise relieve from duty employees who have contracted or developed some mental or physical ailment or defect which incapacitates him/her for duty in the City service. To require enhanced supervision of both probationary and non-probationary circumstances. 20. To hire, retire, promote, demote, evaluate, employees under reasonable compensate, transfer, assign, direct, layoff, recall, or reward employees. 21. To determine, re-determine, and direct the policies, mode, and methods of performing work of any sort. 22.' To determine the qualifications for and to select its employees. 23. To determine the size and composition of its work force. 24. To assign overtime work and to select persons to perform such overtime work, subject to existing practices of equitable distribution of overtime opportunities. 16 CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2001-2004 25. 26. 27. 28. 29. 30. 31. 32. 33. To determine the number and types, and to control, regulate, or discontinue the use, of vehicles, equipment, processes, materials, supplies, and other property, to be used, operated, or distributed. To institute and establish new methods and procedures of training of unit employees, and to engage in such training methods and procedures. Subject to any legal rights of incumbent employees to the contrary, to determine and redetermine job content, job descriptions, and all qualifications for job classifications. To determine the amounts and types of work to be performed by employees. To determine whether and to what extent the work required in its operations shall be performed by employees covered by this Agreement. To use managerial, supervisory, or other non-unit employees to perform work performed by employees of the unit. To open new facilities, and to transfer its operations or any part thereof to such new facilities, and to transfer or assign employees to new facilities. To subcontract all or any part of its functions, operations, or work. Subject to any legal rights of incumbent employees to the contrary, to expand, reduce, alter, combine, 17 CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2001-2004 34. 35. 36. 37. transfer, assign, cease or create any job, job classification, department or operation. To introduce new, different, or improved methods, means, processes, maintenance, service, and operations. To discontinue conduct of its mission or operations in whole or in part. To take all actions necessary to ensure compliance with federal and state equal employment opportunity laws, including, but not limited to, Title VII of the Civil Rights Act of 1964 and the Americans With Disabilities Act of 1990. Except as specifically provided in this Agreement, to have complete authority to exercise those rights and powers which are incidental to the rights and powers enumerated above. 18 CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 200 !-2004 ARTICLE 9 HOURS OF WORK AND OVERTIME Section 1 The work week for regular full time employees shall be forty (40) hours. The number of hours per day and days per week shall be determined by the Police Chief. Work schedules of bargaining unit members shall be established and implemented in the sole and exclusive discretion of the Police Chief. Section 2 It is recognized and understood that deviations from the foregoing normal schedules of work will be necessary and will unavoidably result from several causes, such as but not limited to: rotation of shifts, vacation, leaves of absence, weekend and holiday duty, absenteeism, employee requests, temporary shortage of personnel, and emergencies. No such deviation shall be considered a violation of this contract. Recognizing that the Department has an obligation to provide sufficient manpower, the City'will attempt to avoid causing an employee covered by this Agreement to work two (2) consecutive shifts, except in unusual circumstances as determined by the Chief of Police or his authorized designee. Section 3 For all employees the scheduled work day shall be broken down into fifteen (15) minute segments. An employee shall be 19 ~.~ ~, ,or u~u~x ~-~^bn & t'OLICE BI~NEVOLtrN 1 ^SbOCIAT1ON CONTRACT 2001-2004 noted as late for work if he/she does not report ready for work at his/her work station at his/her starting time. If an employee reports for work late, eight (8) minutes or more after the scheduled time, he/she shall be docked in major segments of one-quarter (1/4) of an hour. Section 4 The City agrees to pay overtime at the rate of time-and-a- half based on a 14-day work cycle. This work cycle shall coincide with the bi-weekly pay periods. Overtime compensation will be computed at the end of each 14-day work cycle with compensation for same being on the following paycheck. In the computation of such overtime compensation, employees shall receive credited hours for any vacation days or holidays which may occur within the pay cycle. Section 5 Both parties hereto agree, and the P.B.A. acknowledges, that the City has declared members of the bargaining unit to be "7(k)" employees for purposes of application of the Fair Labor Standards Act. Forms acknowledging this fact for each individual employee shall be provided by the City for acknowledgment by the employee. Section 6 Credit towards overtime shall not be accrued until an employee has worked eight (8) or more minutes beyond his/her 20 ION CONTRACT 200 !-2004 normal schedule for the day. Once that eight (8) or more minutes has been worked, he/she shall accrue overtime credit for that fifteen (15) additional fifteen manner. minute segment and subsequently 'for any (15) minute segments, computed in a like Section 7 If an employee covered by this Agreement is called out to work outside his/her normal working hours, he/she shall receive a minimum of three (3) hours pay at time and one-half (1 1/2) his or her regular rate of pay. In cases where the Call-0ut is outside regular working hours as scheduled, and where such Call-Out is for appearance at the South County Courthouse, the minimum shall be two (2) hours pay, payable at the overtime rate if applicable. Section 8 Officers and Sergeants working 11.5 hour schedules work a total of 80.5 hours within each 80 hour pay period. Every employee under this deployment schedule will be given off ~ hour every pay period. Section 9 An employee who performs two (2) or more different kinds of work for which different straight time hourly rates are established, shall be paid during the overtime hours at a rate established for the type of work that the employee is performing during such overtime hours. 21 CI 1 Y ~)1' I)I~LRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2001-2004 Section l0 An employee who is temporarily and continuously assigned by the proper authority to perform the duties of a~ higher classification for more than his/her normal work-week, will be compensated for the time spent in the higher classification at a rate of five percent (5%) above his/her regular base salary. Once additional compensation commences, it will be paid retroactive to when the employee first began the continuous service as an acting supervisor, and shall continue until the employee's continuous service as an acting supervisor ceases. 22 CIr¥ OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2001-2004 ARTICLE 10 WAGES Section 1 It is agreed between the 9arties that the salary schedule for bargaining unit employees is as follows: Fiscal Year 2001 - 2002 Police Officer (in training) Police Officer Police Officer - First Class Career Officer 1 Career Officer 2 Career Officer 3 Master Police Officer Sergeant $28,000 $34,000 - $54,000 $34,000 - $55,000 $34,000 - $56,000 $34,000 - $57,000 $34,000 - $58,000 $34,000 - $59,000 $45,571 - $66,000 Fiscal Year 2002-2003 Police Officer (in training) Police Officer Police Officer First Class Career Officer 1 Career Officer 2 Career Officer 3 Master Police Officer Sergeant $29,400 $35,400 - $55,400 $35,400 - $56,400 $35,400 - $57,400 $35,400 - $58,400 $35,400 - $59,400 $35,400 - $60,400 $46,971 - $67,400 Fiscal Year 2003 - 2004 Police Officer (in training) Police Officer Police Officer First Class Career Officer 1 Career Officer 2 Career Officer 3 Master Police Officer Sergeant $30,900 $36,900 - $56,900 $36,900 - $57,900 $36,900 - $58,900 $36,900 - $59,900 $36,900 - $60,900 $36,900 - $61,900 $48,471 - $68,900 23 CITY OF DELKA¥ BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2001-2004 Section 2 A. During the fiscal years 2001-2002, 2002-2003, and 2003-2004 employees of the bargaining unit, except those hired as police officers-in training, shall be eligible to receive an individual performance increase being in the range of 0% through 5% inclusive. Such individual performance increases shall be received on the same City-wide terms, conditions, and subject to the limitations applicable to other City employees, excepting: 1. Said individual performance increases shall be granted pursuant to the Police Department's employee performance evaluation criteria and forms, as deter- mined by the City; and 2. Employees shall also be eligible to receive incentive increases in accord with City Policy. 3. Upon the Police Department certifying that a police officer-in training has completed the Academy Training program, such officer shall receive an increase in pay to the minimum salary for Police Officer. 4. Employees' merit increases shall be effective on their performance evaluation dates. An employee's performance evaluation date shall be one year from the date of hire and annually thereafter unless the employee is hired as a police officer-in training in which case an employee's performance evaluation date shall be the date the Police Department certifies such employee as an entry level Police Officer. The employee rate of compensation shall be the minimum 24 CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2001-2004 rate for Police Officer and such employee shall be rated for performance evaluation annually thereafter. Merit raises are based only on base rate of pay~ The City-wide procedures on individual performance increases may be changed from time to time and when such changes are made, they shall be applicable to the employees in the bargaining unit. The C~ty agrees not to change such published employee performance evaluation criteria for non-probationary employees during the term of the evaluation period without providing prior notice to the affected employees. Employees of the bargaining unit shall be eligible for an increase of one-time $1,500 in their annual salary upon completing two, four and six years of service as a Police Officer. To qualify for this increase, employees must receive an individual performance increase of 3.5% or greater for two successive years prior to the first one- time $1,500 increase, and 4% or greater for each of the two successive years preceding their second and third one-time $1,500 increase. Section 3 An employee who reaches or is at the maximum amount of the salary range during fiscal years 2001-02, 2002-03 and 2003-04 and who receives only a portion of the recommended Performance Increase for such fiscal year, may be eligible for a lump sum 25 CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2001-2004 bonus. The maximum bonus awarded shall be the amount of the performance evaluation recommended and not received. In order to be considered for the lump sum bonus, an employee must have had an average or above average performance evaluation. In addition, the employee shall not have had any sustained discipline resulting in disciplinary suspension imposed upon them during the evaluation year for which the bonus would be paid and shall not have had any at-fault accidents in excess of the current deductible observed by the City. The Police Chief shall review the employee's departmental performance for recommendation of this special bonus. Thought shall be given to the most current and important goals and objectives of the Department and the employee's contribution to such goals. Section 4 The bonus paid to qualifying employees shall be paid for the years specified in this article only. Absent future agreement of the parties, employees shall not be entitled a lump sum bonus beyond September 30, 2004. Section 5 Educational Incentive Compensation - Employees covered by this agreement who possess or obtain a Bachelor's and/or Associate Degree levels of higher education from certified colleges and universities shall receive educational compensation as follows: 26 Bachelor's Degree - $2.00 per hour Associate's Degree - $1.00 per hour The Educational Incentive shall be paid as a bonus outside the salary range and be included in overtime and pension calculation. Section 6 Career Officer Program - The Career Officer Program Compensation, shall be paid within the established ranges for each classification. Such payment shall be included within overtime and pension computation. Section 7 Patrol Incentive - A Patrol Incentive, designed to attract and compensate experienced patrol officers and sergeants to work evening and midnight shift shall be paid on a cent per hour basis as follows: 4 - 12 shift $.50 hour 12 - 8 shift $.75 hour 11.5 hour night shift $.65 hour Patrol Officers and Sergeants assigned to these shifts shall be eligible for such compensation provided such officers shall have at least three (3) years experience in patrol work. Officers may be removed from these assignments for cause as articulated by Police Management. The parties understand that this compensation is subject to review and modification. It is further understood that through a reorganization of the Police Department, the work schedule that presently exists may in fact 27 CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2001-2004 be altered causing the parties to re-examine this issue and make appropriate modification. Section 8 The Chief of Police shall have the authority to hire Florida State Certified applicants and/or those with the advanced academic degrees at a rate up to 10% above the entry rate for a Police Officer. 28 .................. ts ~-~r. VUL. tSNT ASSOCIATION CONTRACT 2001-2004 ARTICLE 11 HOSPITALIZATION INSURANCE The parties have negotiated by amendment a new collective bargaining agreement for the period October 1, 2001 to September 30, 2004. However, information sufficient to negotiate the provisions of Article 11 Hospitalization Insurance was not available to the parties and will not be available until a later date. Therefore, the parties understand that, when such information becomes available, the parties will reopen Article 11 for negotiation. Such re-opener will follow action by the Insurance Committee as set forth in Section 4 The parties understand and agree that the following sections are from the agreement, and shall remain binding upon the parties until prospective negotiations between the parties. for this negotiation. changes are made after The agreement may be reopened Section 1 The City hospitalization employees agrees to pay insurance premium for the coverage that the total medical and for all bargaining unit is in effect for general employees. The City may change such coverage, provided that the change in coverage is in conjunction with a change in coverage for a substantial portion of the general employes of the City, and that after such change, the City will pay the total hospitalization premium for all bargaining unit employees under the new coverage. 29 CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2001-2004 Section 2 Ail bargaining unit employees shall pay the total medical and hospitalization insurance premiums for any dependant coverage which they may elect. The parties agree that state or federally mandated health insurance plans may impact the parties rights and obligations. The parties agree that if there are such mandates during the duration of this contract, the impact thereof shall be subject to bargaining. Further, the parties understand and agree that the rate schedule quoted above is effective to 3/01/2001 and adjustments to the rate schedule shall be negotiated between the City and the PBA. Section 3 The City reserves the right to change the medical and hospitalization insurance carrier, but the level of deductibles and insurance benefits provided to bargaining unit employees shall not be reduced during the term of this Agreement. Section 4 The City will maintain an insurance committee to discuss and review the City's insurance program, and to make recommendations to the City Manager regarding the City's insurance program(s). The insurance committee will be composed of one representative from each of the bargaining units in the City, a representative of the non-bargaining unit employees of the City, and management representatives. The City Manager will select the management members of the insurance committee. 30 CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2001-2004 ARTICLE 12 PENSION PLAN MATTERS The PBA and the employees hereby recognize and agree that during the life of this agreement, the agreement concerning pension matters executed by the parties in October and November, 1993 and as amended in August, 1999, shall be continued in full force and effect. 31 CONTRACT 2001o2004 ARTICLE 13 HOLIDAYS Section i The personnel: following days shall be New Year's Day Martin Luther King, Jr.'s Birthday Presidents' Day (3rd Monday in February) Labor Day (1st Monday in September) Memorial Day (last Monday in May) Easter (1/2 day on Good Friday) holidays for non-shift Independence Day Thanksgiving Day Thanksgiving Friday Christmas Eve (1/2 day) Christmas Day Personal Holiday (1 per fiscal year) and any other day declared by the City Commission to be a legal holiday. The Personal Holiday will be granted on a date selected by the employee, provided the employee has six (6) consecutive months of regular full-time service with the City. The date selected must be approved by the Police Chief and City Manager. For shift personnel who have completed the probationary period set forth in Article 22 of this Agreement only, employees shall have eleven (11) holidays (88 hours), the dates for which may be selected in advance by the employee, subject to the approval of the Police Chief or his authorized designee, on any day during the contract period, subject to Section 2(B) below, provided that no more than three (3) such holidays shall be permitted per calendar month, and the selection by the employee 32 CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2001-2004 must be made no later than twenty-four (24) hours prior to the date(s) selected. Section 2 Non-shift personnel -- Ail regular, full-time, non- shift personnel on the above days shall be off duty with pay subject, however, to being called in for work on such days if required by their supervisor, Police Chief and/or City Manager. Shift personnel -- Shift personnel shall work their normal shift whether on a holiday or not; provided, however, that employees who have completed their probationary period as provided for in Article 22 of this Agreement may designate in advance, and upon approval by the City, such holidays wherein the employee shall be paid only at their regular straight time rate of pay, thus permitting the accumulation for up to six (6) months [being October through March, then April through September] the additional holiday pay in order to actually take time off work during these one-half year periods in a number of days equal to the holidays so designated, worked, and paid at the straight time rate. If a member fails to use the accumulated days within the six (6) month period for good cause, as determined by the Police Chief, the Police Chief and the City Manager may grant an extension. The option in this provision shall apply 33 CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2001-2004 to all shift personnel whether they are scheduled to work on the holiday or not. Section 3 If regular, full-time employees are required to work on an actual holiday itself, because of the needs of the City, they shall be compensated at double their regular rate of pay. Section 4 For non-shift personnel, when legal holidays occur within the vacation period of an employee, the number of such days that are legal holidays shall be added to the normal number of vacation days allowed, or paid as straight time, at the employee's option. Section 5 Employees who are on leave without pay on the day preceding and the day following a holiday or who are absent without leave on the day preceding or the day following a holiday shall be considered as absent without pay on the holiday and shall not be compensated for the holiday. Section 6 For non-shift personnel, in the event any of the aforementioned days fall on Saturday, the preceding Friday shall be considered a holiday, and in the event any of the 34 {.~ 1 Y {3[' 131:LF, AY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2001-2004 aforementioned days fall on Sunday, the following Monday shall be considered a holiday. Section 7 For non-shift personnel, in the event that one of the holidays named in Section 1 occurs while an employee is on sick leave, the employee shall receive holiday pay and shall not be charged sick leave pay for that day. 35 CITY OF DELI{AY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2001-2004 ARTICLE 14 VACATION Section 1 Regular, full-time bargaining unit members shall receive annual vacations, which may be accumulative from year to year, pursuant to the provisions set forth in Section 6, below. Section 2 VACATION ALLOWANCE CHART Years of Continuous Service Over, but less than Other Full Time Personnel Vacation Hours 0 years 3 years 3 years 7 years 7 years 11 years 11 years 8.00/month 9.33/month lO.66/month 12.00/month The accumulation of vacation days at each of the stages referenced above shall commence during the fourth, eighth, or twelfth years, respectively, of continuous service. For example, an employee in his/her fourth year of continuous service would be earning vacation time at the rate of one hundred twelve (112) work hours per year so that at the end of the fourth year of continuous service for that fourth year, the employee would have available one hundred twelve (112) work hours to take during the next year (the fifth year); and, that the rate of one hundred twelve (112) work hours per year 36 (.,~ l ~ ~oi- b~rt,~ ~ ~l~^~l-I & POLICE BENEVOLENT ASSOCIATION CONTRACT 2001-2004 vacation time would continue to be accumulated annually in the fifth, sixth, and seventh years of continuous service; the rate of one hundred twenty-eight (128) work hours would then be accumulated between the employee's seventh anniversary date and the employee's eighth anniversary date. A member of the bargainin9 unit shall not be eligible to take any vacation time in the first year of continuous service. An employee shall be considered as earning vacation time in the first year of continuous service, however such vacation time shall actually be taken in the second year of continuous service. Section 3 Continuous service shall be considered to be any service in which there has been no interruption by resignation, absence without leave, or by involuntary separation or lay-off in excess of one year. Absence due to military service, injury in line of duty, or sick leave with pay shall not serve to interrupt continuous service unless the employee was employed by another employer during such period of absence. Absence due to leave without pay shall not be construed as an interruption of continuous service, but vacation benefits shall not be accrued during such leave. 37 Section 4 When legal holidays occur within the vacation period of an employee, the number of such days that are legal holidays shall be added to the normal number of vacation days allowed, or paid as straight time, at the employee's option. Section 5 An employee resigning from the service of the City in good standing shall be paid for any vacation credit accumulated prior to resignation, provided: A. He has completed one year of continuous service. B. He gives at least two weeks' written notice of his intent to resign and the written notice or copy of same is filed with the City Manager's office at least two weeks prior to termination. Section 6 Vacation time is subject to the following requirements: The maximum accumulation permitted will not exceed two hundred eighty-eight (288) working hours. Ail vacations, including those periods made mandatory above, including the timing of such vacation and the actual number of days taken, are made expressly subject to the approval of the Chief of Police and City Manager. 38 CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2001-2004 ARTICLE 15 SICK LEAVE Section 1 The P.B.A. recognizes that sick leave is not a privilege which an employee may use at his discretion and it shall be allowed only for the following: 1. Employee's injury, illness or quarantine due to exposure to contagious disease. Actual illness of a member of an employee's immediate household (wife, husband or child) where care by the employee is required. Section 2 Ail regular full-time employees may be given sick leave with pay at the rate of one working day for each calendar month of continuous service during which there were no absences without leave, provided: 1. Sick leave credits shall accrue during the first six months of service, but shall not be granted until completion of six months of continuous service. 2. If employment begins on or before the fifteenth day of the month sick leave credit shall be given for the entire month. If employment begins after the fifteenth day of the month sick leave will not be credited until the first day of the following month. 39 ~ ;-- 'C1T~ OF DELF'AY~BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2001-20o4 If an employee works less than half the normal work days during a month for reasons other than vacation, sick leave shall not be credited for that month. Sick leave credits shall be available for use on the first day of the month following the month in which earned. The maximum sick leave accumulation that may be accrued is one thousand one hundred twenty (1,120) hours. The employee may bank all unused sick leave each year until the one thousand one hundred twenty (1,120) hours maximum is reached- ~ standing shall receive pay at Employees who resign in good their then regular hourly rate for the portion of their accrued sick leave stated belOW, not to exceed a total payment of five hundred sixty (560) hours: percentage o£ Accrued sick Leave to Be Pai~ Years of Service 0 - 5 5 - 10 10 - 15 15 - 20 -0- 25% 50% 75% 100% or up to 560 hrs. 20 or more Employees who retire from the City in good standing after twenty (20) years under the City of Delray Beach Police and 4O CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2001-2004 Firefighters Retirement System shall receive pay at their then regular hourly rate for their total amount of accrued sick leave, not to exceed the maximum allowed accrual of one thousand one hundred and twenty (1120) hours. Section 4 Employees reporting in sick or unable to report for duty must do so not later than thirty (30) minutes prior to their reporting time, except in cases of emergency as determined by the Police Chief. All employees will report to the Communications Section. Reporting must be done by the employee himself/herself, and any failure to report shall be considered as absence without leave. The Police Chief or his designee may investigate absences on account of sickness to determine their validity. When absence is for three or more working days, the Police Chief may require the employee to provide a certificate from a physician, certifying to the actual disability of the employee, or may require a letter from the employee explaining the reasons for such absence. Violations of this policy may result in discipline up to and including termination. Section 5 In case of death of an employee, payment for unused sick leave, pursuant to Section 3, shall be made to the employee's beneficiary, estate or otherwise provided by law. 41 ARTICLE 16 LEAVES OF ABSENCE WITH PAY Employees may be granted leaves of absence with pay upon approval of the Police Chief and the City Manager for the following: A. Jury duty or other required appearances before a court or other public body, except such appearances required because of the personal matters of the employee or his family. B. Official training courses such as conferences, conventions, workshops, or similar meetings approved by the City. Under these provisions, no overtime pay will be considered. Leaves of absence with pay will not be considered as hours actually worked in the computation of time-and-a-half payment of overtime at the end of the work cycle during which they occurred unless such leaves are directly concerned with City business and the employee was directed by the Police Chief to use such leave in order.to conduct City business. Provided, however, that in the case of any leave of absence with pay which may be granted to attend training sessions which are required by the City, such time shall be considered as hours worked for purposes of calculations under the provisions, where applicable, of the Fair Labor Standards Act. 42 CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2001-2004 ARTICLE 17 LEAVES OF ABSENCE WITHOUT PAY Upon written request of an employee and approval by the Police Chief, the City Manager may grant a leave of absence without pay when it will not result in undue prejudice to the interests of the City. 43 ARTICLE 18 BEREAVEMENT LEAVE Section 1 When a death or critical illness, in which death appears to be imminent occurs in the family of an employee, the employee may be allowed three (3) working days bereavement leave with pay. For the purpose of this article, family is defined as follows: father, mother, brother, sister, spouse, child, father-in-law, mother-in-law, brother-in-law, sister-in-law, foster children, step-children, son-in-law, daughter-in- law, grandparents, foster parents, or step-parents. No other persons shall be contained within the definition of family except as specifically set forth herein. Section 2 Bereavement leave will not be charged against sick leave, vacation, or holiday time. Additional time for bereavement leave may be requested by the employee, and if granted by Police Chief and City Manager, shall be charged to one of the foregoing categories. Section 3 The employee may be required by the Police Chief to furnish evidence of the facts justifying the use of bereavement leave. 44 'C)IT~ OF'DE~Y I~E~A~H &'POLICE BENEVOLENT ASSOCIATION CONTRACT 2001-2004 ARTICLE 19 MISCELLANEOUS CONSIDERATIONS Both parties acknowledge that during the term of this agreement the City, with input from members of the Police Department, will agree to further study certain additional matters regarding the employment conditions and terms for bargaining unit employees, including: ao Be A review of the system utilized acceptability and individual performance increases by the City to determine the feasibility to the City of instituting a revised system wherein all employee evaluations since the employee's last anniversary date would be averaged to arrive at the employee's rating, that an average "satisfactory" or higher rating for the review period would be required to obtain any individual performance increase (which increase would be a flat percentage), while receiving below this "satisfactory" rating would receive no merit pay increase; and, A review of promotional qualifications concerning the acceptability and feasibility of instituting as a qualification for promotion, a minimum number of years experience, either in law enforcement or with the City, prior to taking the written examinations for promotion to sergeant; and, 45 CONTRACT 2001-2004 C. A review of establishing a new or instituting revisions to the existing program(s) for the award of certificates or the like recognizing exemplary service or significant contributions by both sworn and non- sworn Police Department employees. The P.B.A. agrees that it shall be its obligation to submit in a timely fashion to the City any ideas concerning the above in order for the City to consider same during this contract period; and further, the P.B.A. acknowledges that the City must examine any and all such proposals in light of its City-wide and Department-wide responsibilities and considerations, and that although all proposals will be given the appropriate consideration and review, any decisions to accept or reject any and all such proposals shall be within the City's sole discretion. 46 ARTICLE 20 NEPOTISM No City official or employee in a managerial or supervisory capacity may be appointed, employed, promoted, or advanced in or to a position in any other department where that person would exercise regulation or control over any individual who is a relative of the City official or employee. A person who is a relative of a City official or employee may not be appointed, employed, promoted, or advanced in or to a position in any department if the related City official or employee is, or would be, the person's supervisor or who would exercise any dominion or control over or otherwise regulate the duties and responsibilities of the person, or if the person would supervise or exercise any dominion or control over or otherwise regulate the duties and responsibilities of the related City official or employee. "Relative", as used herein, means a person who is related by blood, marriage or adoption as father, mother, son, daughter, brother, sister, grandparent, uncle, aunt, first cousin, nephew, niece, husband, wife, father-in-law, mother-in-law, brother-in- law, sister-in-law, stepfather, stepmother, stepson, step- daughter, stepbrother, stepsister, half brother, or half sister. 47 CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2001-2004 ARTICLE 21 NEW EMPLOYEE A~REEMENTS All new employees shall be required by the City to execute an agreement with the City, on a form to be provided by the City, in which the employee agrees, in addition to repayment of tuitions as provided for in Florida Statutes §943.16, that any such new employee who leaves the employment of the City voluntarily prior to the expiration of three (3) full years of employment with the City, shall reimburse the City all other costs or expenses for education/training and for clothing or uniforms which had been paid for by the City to the date of the termination of employment. Furthermore, in such agreement, the City shall require and the employee shall agree that any such amounts due and owing to the City upon said employee's voluntary termination shall be withheld by the City from said employee's paycheck(s) and/or any other financial benefits otherwise paid by the City to that employee. This shall not be construed to constitute a waiver or otherwise prohibit the City from collecting any additional amounts owed pursuant to this Agreement through any other legal process. 48 CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2001-2004 -ARTICLE 22 PROBATIONARY PERIOD - NEW EMPLOYEES The probationary period for non-entry level new employees covered by this Agreement shall be one (1) year from the date that the employee is sworn in with the Delray Beach Police Department. New, entry level Police Officers-In Training shall have a probationary period of eighteen (18) months from the date that the employee is hired by the Delray Beach Police Department. New probationary employees shall have no right to utilize the grievance/arbitration procedure contained in this Agreement or any other internal City policy or procedure for any matter concerning discharge, suspension, or other discipline. 49 CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2001-2004 ARTICLE 23 PROBATIONARY PERIOD - PROMOTED EMPLOYEES Section 1 There shall be a probationary period of one year for each employee in the bargaining unit who is promoted to a higher classification within the bargaining unit. This probationary period shall commence from the employee's initial regular assignment to the higher classification. During the one year probationary period, the City Manager or his designee shall have the right to remove the probationary employee from the position to which that employee was promoted with or without cause. Any probationary employee so removed shall have no right to appeal said action under the provisions of this Agreement, or any other policy or procedure. A probationary promoted employee who is removed from the position to which he was promoted, shall return to the position from which he was promoted (however, this shall not be construed as a limitation on or a waiver of the City's right to dismiss or discipline such a probationary promoted employee for just cause). Other probationary promoted employees may also be removed and returned to their former positions if made necessary because of the return of such a probationary promoted employee to his former position. In this event, none of the employees moved back to their former position will have a right to appeal said action under the provisions of this Agreement, or any other policy or procedure. 50 CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2001-2004 Section 2 The Chief of Police, at his sole discretion, may extend the probationary period for a period not to exceed 90 calendar days, during the pendency of an internal affairs investigation. 51 CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2001-2004 ARTICLE 24 SENIORITY Section 1 The City agrees that seniority shall consist of continuous accumulation of paid service with the Department. It shall be computed from the date of employment as a sworn employee with the Department. Seniority shall accumulate during all approved leaves of absence of thirty (30) days or less and during approved leaves of absence of less than one (1) year when such leaves are due to job related illness or injury. Section 2 Subject to supervisory approval, the choice of vacation periods shall be as follows: Vacation periods shall be chosen on the basis of seniority. Seniority for the choice of vacation shall be calculated based on the beginning date of an employee's most recent period of continuous paid service with the Police Department. If more than one employee started with the Police Department on the same date, then seniority for those employees shall be established based on the date they filed an application for employment. If more than one employee filed an application for employment on the same date, seniority for those employees shall be based on the alphabetical order of their last names. 52 CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 200 !-2004 Section 3 In the event of layoff for any reason, the employees shall be laid off in the inverse order of seniority in their classification only. Employees who are affected by a layoff and have received satisfactory performance evaluations during the year preceding the layoff shall have the opportunity to bump. Employees who are affected by a layoff and have received less than satisfactory performance evaluations during the year preceding the evaluations shall, with approval of the Police Chief, have the opportunity to bump. Employees shall be recalled from layoff in the inverse order of layoff (last out, first back) if said employees to be recalled are physically qualified to perform the work available at the time of recall. The City further agrees that no new employees in a particular classification will be hired for one (1) year or until all employees in that particular classification on layoff have been given the opportunity to return to work, whichever comes first, in accordance with the provisions of this article. "Recall" from layoff shall mean notifying a laid off employee to return to work by registered mail sent to the last address listed with the Department as his home address or by giving a laid off employee personal notice to return to work. If the affected employee has not responded to recall within three (3) work days of the return receipt date on the recall notice or if the recall notice is returned by the Post Office to the City due to inability to locate the addressee, or if the affected employee has not responded to personal notice recall within three (3) 53 CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2001-2004 work days, then that employee shall be considered to have refused recall. Section Shift seniority. work assignments shall be made according to For purposes of this section, seniority is defined as the amount of continuous service an employee has in his/her rank. Shift selection shall occur one time annually. 1. Ail efforts shall be made by the City to abide by seniority as it affects shift work assignments. In those instances where the City determines that the compelling need of the City outweighs the individual employees seniority right to shift selection, that City may veto that selection based upon just cause. The affected employee shall have the right to appeal this veto through the chain of command to the level of Chief of Police who shall possess the power of final and binding arbitrator. 2. Management reserves the right to determine the staffing levels. 3. The City shall not make a shift assignment that is arbitrary and capricious. 4. In the event of a vacancy between the described selection period, the filling of that vacancy shall be based on seniority as defined in this section. 54 CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 200 !-2004 ARTICLE 25 PROMOTIONS Section I -- Promotional Procedure The City will announce promotional examinations at least uhiruy (30) days in advance. in the City's possession promotional vacancies shall A copy of any reference material will be made available. Ail be filled in accordance with criteria established by the City Manager or his/her designee. Promotional examinations and eligibility for same shall be conducted in accordance with the procedures and requirements set forth in Exhibit A to this contract, a copy of which is attached hereto and made a part hereof. The employees or the P.B.A. may offer suggestions to the Police Chief as to changes in the criteria to be used for filling promotional vacancies. The acceptance or rejection of these suggestions shall be at the sole discretion of the City Manager or his designee. The parties agree that although none of the members of the bargaining unit shall be covered under any Civil Service Act of the City of Delray Beach, the City may utilize the services of the Civil Service Board for the purposes of preparation, monitoring, and scoring of both entrance level and promotional examinations. However, the use of the Civil Service Board by the Personnel Department in such a manner shall not be construed as providing the Civil Service Board with any jurisdiction. 55 CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2001-2004 Employees do not have the right to file any appeals or grievances with the Civil Service Board relative to the examinations, including, but not limited to the examinations, conditions, scores, and the contents of the examinations themselves. Section 2 -- Effect of Promotion on Wages and Employment Anniversar~ Date (a) When an employee is promoted into a higher classification, the employee's wages shall be increased to the minimum salary of the new classification or to five percent (5%) more than the employee earned prior to the promotion, whichever is higher. (b) If an employee's wages are increased more than ten percent (10%) as a result of a promotion, the employee's annual performance evaluation date will be changed to the date of the promotion. 56 CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2001-2004 EXHIBIT A PROMOTION IN THE POLICE DEPARTMENT Ail sworn personnel desiring promotion in the Police Department will be required to take the appropriate promotional examination. In addition to the general requirements for City promotion, employees will be required to meet the following qualifications to be admitted to such examination: A. Admission to examination for promotion to sergeant shall be restricted to police officers who have been in that position continuously for two (2) years with the City of Delray Beach immediately preceding the examination. B. Admission to examination for promotion to lieutenant shall be restricted to sergeants who have been in that position for one (1) year continuously with the City of Delray Beach immediately preceding the examination. C. Anyone taking an examination shall be an employee of the Police Department of the City of Delray Beach at the time of taking such examination. D. An employee within the period of an authorized leave of absence from the Police Department of the City of Delray Beach shall be eligible to take such examination, provided the period of the leave of absence shall not be considered in calculating the "time in grade" requirement of these rules. 57 CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2001-2004 Candidates must obtain a minimum examination score of 70% in written examinations to be eligible for further consideration. Written promotional examinations shall be augmented by oral interviews and staff evaluations. The oral interview shall be conducted by members of neighboring law enforcement agencies neighboring agency. examinations, oral and/or a personnel director of a The respective weights given to written interviews, and staff evaluations to determine the candidate's total rating shall be: Written examination Oral interview Staff evaluation 5O% 25% 25% An aggregate score of 70% must be attained to be ~ ......... eligible for promotion. 58 CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2001-2004 ARTICLE 26 PHYSICAL FITNESS Both parties acknowledge that during the contract period, the City shall be investigating the implementation of a permanent physical fitness program for bargaining unit employees. Should the City so elect, the P.B.A. shall have the opportunity, upon notice in advance, to bargain the content of and the standards for such physical fitness program. However, once so determined by the parties, all employees of the bargaining unit shall be required to participate in the program unless determined medically unable to do so by the City's physician. Employees who refuse or fail to participate in this "transitional physical fitness program" (unless determined medically unable to do so by the City physician), shall be subject to disciplinary action; however, during this transitional period, employees who fail to meet the standard of the program shall not be subject to disciplinary action although the results of their participation shall be kept by the City for statistical purposes. The P.B.A. agrees that during the contract period the City shall provide annual physicals including drug and alcohol screening for all employees of the bargaining unit, and that such annual physicals for employees age 40 and over shall be more comprehensive for such employees at five (5) year intervals. Such annual physicals shall occur within the 59 CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2001-2004 calendar quarter in which the employee's occurs. anniversary date 6O CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2001-2004 ARTICLE 27 OUTSIDE EMPLOYMENT Section 1 No member of the bargaining unit may hold outside employment unless the employee's written request for approval of such employment is recommended for approval by the Police Chief and reviewed by the Human Resources Director. The granting of such approval is expressly contingent upon the following: A. Assurance that the employee's City position is of primary importance; B. Consideration of the effect the outside employment may have upon the efficiency of the requesting employee; and C. Determination as to the compatibility of the outside employment with City employment. D. Payment to the City for such services shall be a rate to be set exclusively by the City Manager. Section 2 Application forms for outside endeavors shall be provided to the employee by the City annually and approval of such shall be renewable January first of each year. Outside employment shall be deemed to include ownership or part ownership of a business (but not including ownership of less than a controlling interest of stock of a publicly held corporation), as well as independent contracts by employees to provide labor, services, or materials. 61 CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2001-2004 Section 3 No member of the bargaining unit may work at any previously approved outside employment, nor at any future outside employment, while said member is on injury leave or restricted duty for a workers' compensation injury, unless additional express approval for such outside employment is obtained by the member from the Police Chief and the City Manager, who shall take into consideration the recommendation(s) from the employee's physician and/or from the City's physician. 62 CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2001-2004 ARTICLE 28 RESIGNATION Any employee who wishes to resign in good standing shall resign in accordance with current City policy. 63 CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2001-2004 ARTICLE 29 NON-APPLICABILITY OF CIVIL SERVICE ACT, CIVIL SERVICE RULES AND REGULATIONS AND PERSONNEL POLICIES It is understood and agreed that the Civil Service Act and the Civil Service Code of Rules and Regulations of Delray Beach and any amendments thereto and the Personnel Policies shall have no applicability whatsoever to the employees covered by this Agreement except as modified herein. 64 CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2001-2004 ARTICLE 30 COMPREHENSIVE ALCOHOL AND DRUG ABUSE POLICY FOR' CITY OF DELRAY BEACH POLICE DEPARTMENT EMPLOYEES The City recognizes that Police Department employees are not immune from problems that confront society in general. The problems of drug and alcohol abuse are widespread throughout our community and nation. In the face of these problems, it is critical that the City of Delray Beach Police Department maintain a working environment free of alcohol and drug abuse. The primary objective of this policy is to provide a safe and healthful work environment for all employees, and thereby provide the highest level of service to the public. I. Definitions A. Alcohol abuse means the ingestion of alcohol or alcoholic beverages, on or off duty, which adversely affects the employee's ability to perform his or her job duties. The use, or being under the influence of alcohol or alcoholic beverages on the job by Police Department employees is strictly prohibited. B. Drug abuse means the ingestion of any controlled substance as defined in Section 893.03, Florida Statutes, as amended from time to time, not pursuant to a lawful prescription. The term drug abuse also includes the commission of any act prohibited by Chapter 893, Florida Statutes, as amended from time to time. 65 CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2001-2004 C. Illegal drugs means any controlled substance as defined in Section 893.03, Florida Statutes, as amended from time to time, not possessed or taken in accordance with a lawful prescription. II. Physical Fitness and Examinations A. Every applicant for Police Department employment (including applicants for full-time, part-time and volunteer positions), and each re-employed employee may be required to present proof that he or she is physically fit to perform the duties of the job which the applicant or re-employed employee seeks. Applicants for employment may be required to take a physical examination, including blood or urine tests for the presence of illegal drugs. Applicants for employment whose blood or urine is found to contain the presence of illegal drugs shall not be considered fit to perform the duties of the job which the applicant seeks. The physical examination shall be completed prior to the applicant's entry on the job. B. All Police Department employees, including managerial and supervisory employees, are required to take an annual physical examination at such times as may be specified within the calendar quarter in which the employee's anniversary date occurs. C. Any such annual physical examination taken by the Police Department employees shall include a blood/urine test for the presence of illegal drugs and alcohol. 66 CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2001-2004 D. Ail employees subject to certification by the Florida Department of Law Enforcement shall meet all statutory and regulatory physical and medical requirements for initial certification. E. The City Manager, or the Chief of Police, or an ~ssiscant City Manager, or City Attorney, or Human Resources Director, may also require an employee to take a physical examination, that shall include a blood/urine test for the presence of illegal drugs or alcohol, at any time the City Manager or Police Chief, or Assistant City Manager, or City Attorney, or Human Resources Director reasonably believes that the employee is not physically or medically fit to perform his or her duties. F. Furthermore, the City Manager, or the Chief of Police, or Assistant City Manager, or City Attorney, or Human Resources Director may require an employee to take a physical examination and/or give a urine or blood specimen for testing whenever the City Manager, Chief, or other supervisory employee has a reasonable suspicion that the employee has been on duty, or has reported for duty, under the influence of alcohol or illegal drugs. G. The use of illegal drugs on or off duty by employees of the Police Department is strictly prohibited. The City Manager or the Chief of Police, or Assistant City Manager, or City Attorney, or Human Resources Director may require an employee to take a physical examination and/or give a urine or blood specimen for testing whenever the City Manager, Chief of 67 CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 200 !-2004 Police, or other supervisory employee has a reasonable suspicion that the employee is using illegal drugs or under the influence of alcohol. A reasonable suspicion is a suspicion which is based on fact derived from the surrounding circumstances from which it is reasonable to infer that further investigation is warranted. H. The City will pay the cost of any physical examinations and tests required by this policy. The examination will be performed by medical personnel selected by the City. Employees who take a physical examination or blood/urine test in accordance with this policy shall be required to sign an authorization releasing the records of such examinations and tests to the City. The City shall strictly observe and maintain the confidentiality of such employee medical records to the extent permitted by law. I. Any employee who fails or refuses to take a physical examination or give a urine or blood sample in accordance with this policy shall be subject to disciplinary action up to and including dismissal. III. Blood/Urine Tests for the Presence of Alcohol and Drugs A. In testing for the presence of alcohol, the City shall utilize a generally accepted blood test procedure which produces quantitative results showing the amount of alcohol present in the blood. B. At the time the testing occurs, two (2) specimens of urine and two (2) specimens of blood shall be taken, the first 68 CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2001-2004 set of which shall be used by the first laboratory and the second set of which shall be used by a second laboratory, if requested. In testing for the presence of illegal drugs and alcohol, the City shall submit the first set of the samples for testing, which, in the first instance, shall utilize an immunochemical assay or radioimmunoassay test on the employee's blood/urine. If the initial test is positive for an illegal drug or alcohol, the same blood/urine specimen shall be subjected to a further test using the gas chromatography, thin layer chromatography or gas chromatography/mass spectrometry method for verification. For non-probationary employees, if both the initial and verification tests are positive for an illegal drug or alcohol, the employee shall receive notification of results from the City in the manner set forth herein. In order to timely provide such notification, the employee shall be required to contact by telephone or in person a City representative designated in advance by the City, not later than one (1) hour after a date and time specifically given to the employee .for his/her requirement to contact a designated City representative by telephone. At the time the employee makes such contact, the employee must decide whether or not he/she wishes the second set of specimens provided at the initial collection to be further tested by the City. If the employee so requests, then this second set of specimens shall be tested by the City utilizing medical personnel different from that used by the City for the initial test. If the employee fails to contact the City representative within the time frame set forth above, 69 CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2001-2004 or the employee does not request the testing of the second set of specimens, or if the employee does request the testing of the second set of specimens and it also tests positive for an illegal drug or alcohol, corrective action shall be taken as specified below. IV. Corrective Action A. Applicants for employment whose blood or urine is found to contain the presence of illegal drugs or under the influence of alcohol shall not be considered fit to perform the duties of the job which the applicant seeks. B. Employees (probationary and non-probationary) whose blood or urine is found to contain the presence of illegal drugs, or who have been found to have used or been under the influence of illegal drugs or alcohol while on duty, shall be terminated. C. Any non-probationary employee who is found to have engaged in off-duty alcohol abuse which adversely affects the employee's ability to perform job duties may be placed on a leave of absence without pay for a period of up to sixty (60) days. The leave of absence may be extended for good cause by the City Manager up to an additional fifteen (15) days. The employee may use any accumulated sick leave or vacation during the leave of absence. The purpose of the leave of absence is to give the employee an opportunity to rehabilitate himself or herself from abusing alcohol. The City may assist the employee in locating an appropriate program of rehabilitation. Upon the 70 CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2001-2004 successful completion of the rehabilitation program as certified by a physician designated by the City, the employee shall be eligible to return to City employment in the same or similar position to the one which the employee occupied before his or her leave of absence. Prior to resuming employment with the City, the employee shall be required to take a physical examination which shall include a blood or urine test for the presence of alcohol and/or illegal drugs. The returning employee shall be placed on probationary status for a period of one (1) year following his/her return to City employment. During the one year probationary period, the City may require the employee to take unannounced blood or urine tests for the presence of alcohol and/or illegal drugs. If at any time during the probationary period or thereafter, the employee's blood or urine is found to contain the presence of alcohol or illegal drugs, utilizing the double testing procedures set forth in Section III(B), above, the employee shall be subject to disciplinary action, up to and including dismissal. 71 CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2001-2004 ARTICLE 31 DAMAGE TO CITY PROPERTY Section 1 Each police employee shall exercise due caution in the care and handling of all tools and equipment which may come into his custody, or over which he may have a degree of control. Any police employee who loses, misuses, or damages through his carelessness, negligence and/or intentional misconduct such tools or equipment provided by the City shall be subject to discipline. When in the judgment of the City a tool or piece of equipment is no longer safe or effective, due to normal wear and tear, the defective item shall be turned in to the City for replacement. No defective tool or piece of equipment shall be replaced by the City until the defective item is presented by the employee. Ail tools and equipment issued to a police employee by the City shall be returned to the City prior to the employee leaving City employment in the same condition as same was issued (normal wear and tear excepted). Section 2 The City will be responsible for full replacement costs for prescription glasses and contact lenses provided the employee presents a replacement receipt at the time of replacement. The City will be responsible for replacement of damaged watches and non-prescription sunglasses up to fifty dollars ($50.00). The 72 CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2001-2004 City will not be responsible for the replacement of jewelry or other personal property carried at the employee's discretion. 73 CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2001-2004 ARTICLE 32 DISCIPLINE Section 1 The City Manager may at any time dismiss or otherwise discipline any employee for just cause which he considers will promote the efficiency of the City's service. Further, the City Manager may, at any time, dismiss any probationary new employee with or without cause. Section 2 The following may be considered grounds for dismissal, or other lesser discipline, including but not limited to demotion or suspension, based on the City Manager's determination of the gravity of the offense; however, dismissal or discipline may be made for causes other than those enumerated: A. Has been found guilty in a court of competent jurisdiction of a felony and/or of a misdemeanor involving moral turpitude or which is related to his/her City job function. B. Has willfully violated any of the provisions of the City or this Agreement, or has attempted to or does commit an act or acts intended to nullify any of the provisions thereof. C. Has violated any lawful or reasonable order or regulation, or has failed to obey any reasonable or lawful direction by a superior. 74 CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2001-2004 Eo Je under drugs. Has Has reported for duty, or is actually on duty, while the influence of intoxicating beverages or been guilty of acts which amount to insubordination; or has been guilty of disgraceful conduct while on duty, or disgraceful conduct while off duty when it reflects unfavorably on the City or interferes with the operations of the City. Has been wantonly offensive in his conduct or language toward the public or toward any City employee or official. Has been incompetent, negligent, or inefficient to such an extent that his/her performance falls below the minimum prescribed standard. Is careless or negligent of the property of the City of Delray Beach, or steals or misuses any equipment, materials, property, or other belonging to the City. Has used, or threatened to use, things of value his position for personal ~ain or advantage, or has attempted to use political influence in securing promotion, leave of absence, transfer, classification change, pay increase, to influence pendin~ disciplinary matters or change in character of work. Has taken any fee, gift, or other valuable thing in the course of his work or in connection therewith for his personal use from any firm, corporation, or 75 CITY OF DELR~Y BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2001-2004 individual when such fee, 9ift, or other valuable consideration is accepted with the understandin9 that the donor shall receive favors and service therefor not customarily accorded the 9eneral public. Has falsified time records, other official City records, or has failed to report absences from duty to his superiors in accordance with prescribed procedure. Has been absent from duty without proper leave of absence, or otherwise contrary to prescribed procedures; or has failed to report for duty after a leave of absence has expired. Has been excessively absent from work; has been repeatedly absent from work without notifyin9 his immediate supervisor, or has repeatedly reported late for work. Has abused sick leave or other authorized leave of absence by claimin9 false reasons for such leave. Is antagonistic in his attitude toward his supervisor or fellow employees; continually criticizes orders or rules issued or adopted by his superiors; or conducts himself in such a way that it interferes with the proper coordination department to the service. of the work effort in his detriment of efficient public Upon the expiration of earned sick leave, fails to report to the Police Chief his inability to return to work, if such is the case. 76 CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2001-2004 Q. Has been convicted of the unlawful possession, use, dispensing, or sale of any narcotic, barbiturate, mogd ameliorating, tranquilizing, or hallucinogenic drug, or conspiracy to do same, while either on or off duty. R. Has made a significant omission on his application for employment, or has falsified it in any way. S. Has been found guilty by a court of competent jurisdiction of a felony criminal offense, or has been repeatedly found guilty of misdemeanor criminal offenses. T. Has been found to have used anabolic steroids, with or without prescription, solely for the purposes of enhanced muscle training or body building functions. Disciplinary action shall be taken only as provided pursuant to Article 30. The City Manager shall furnish the nonprobationary employee or the promoted probationary employee whom he dismisses from the City service with a written statement outlining in detail reasons for the removal, and the date and time such removal becomes effective. A copy of the statement shall be furnished to the Police Chief. Section 3 If criminal charges have been formally instituted against an employee, the City Manager may place the employee on leave of absence with or without pay. 77 CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2001-2004 During such leave of absence, the City may investigate and take appropriate disciplinary action against the employee. However, if the employee is subsequently found not guilty by a trial court of all of the criminal charges which had been instituted against the employee, and if no notice of potential disciplinary action has been given, the employee shall be reinstated and awarded back pay for the period of said leave of absence. 78 CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2001-2004 ARTICLE 33 ABSENCE WITHOUT LEAVE Section 1 An absence of an employee from duty, including any absence for a single day and failure of an employee to report at the expiration of a leave of absence or vacation, that is not authorized by a specific grant of leave of absence under the provisions of this Agreement, shall be deemed to be an absence without leave. Any such absence shall be without pay and may be subject to disciplinary action, including suspension, demotion or dismissal in repetitive or extreme cases. Section 2 Any employee who is absent from duty for three (3) consecutive days without notifying the shift officer of the reasons for such absence and the time he/she expects to return, and without securing leave, may be considered to have resigned without notice. For purposes of this article, three (3) consecutive days shall mean three (3) work days of the employee. 79 CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2001-2004 ARTICLE 34 POLICE BILL OF RIGHTS 1.0 Whenever an employee is under investigation and subject to interrogation by members of his agency for any reason that could lead to disciplinary action, demotion, or dismissal, such interrogation shall be conducted pursuant to the following: 2.0 charge of officers, interview. The interview of the employee who is under investigation shall be conducted at a reasonable hour, preferably when the employee is on-duty and during day-light hours, unless the seriousness of the investigation dictates that immediate action is required. If such interview occurs during the off-duty time of the employee being interviewed, the employee shall be compensated for his off-duty time, in accordance with regular Department procedures. 2.1 The interview shall take place at the Delray Beach Police Department building, or some other mutually agreeable location. 2.2 The employee when being interviewed shall be informed of the name, rank, and command of the officers in the investigation, the interrogating and all persons present during the 2.3 The employee when being interviewed shall be informed verbally of the nature of the investigation or 80 CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2001-2004 2.4 2.5 2.6 complaint, and the name of all complaining parties, before the interview or interrogation commences, and shall have the right to make notes. The interview session of an employee shall be for a reasonable period of time, depending upon the seriousness of the investigation. Unless the Chief of Police directs otherwise, a period of two (2) hours shall be the maximum time allowed for any one session of interview. Reasonable rest periods shall be allowed during the course of the interview period. Time shall be provided for personal necessities, meals, telephone calls, etc., as are reasonably necessary. The employee when being so interviewed shall not be subjected to any offensive or abusive language, nor threatened with dismissal, transfer, or other disciplinary action, except that the City may advise the interviewee that refusal to answer questions could lead to disciplinary action. No promise of reward shall be made as an inducement to answering any questions. The employee being interviewed shall be asked questions by and through no more than one (1) inte~Tiewer at any one time. The employee shall not be subject to visits by the press, or news media, without his express consent, nor shall his home address, phone number, or photograph be given to the press or news media without his express consent. 81 CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2001-2004 2.7 The formal interview of an employee including all recess periods, shall be recorded (except for necessary interruptions for turning over the tape and the like), and there shall be no unrecorded questions or statements. 2.8 If the employee being interviewed is under arrest, or is likely to be placed under arrest as a result of the interview, the employee shall be informed of all his rights prior to the commencement of the interview. 2.9 At the request of the employee being interviewed, and prior to any interview, the employee shall have the right to be represented by counsel or any other representative of his choice, who may be present at all times during such interview. The attorney or representative shall not be a participant in the interview, except as counsel to the employee. At the end of the interview the attorney or representative may make a statement or direct further questions to the employee for clarification purposes, but shall not be entitled to direct questions to the interviewer. The employee to be interviewed may request a postponement of the initial interview, to contact an attorney or representative of his own choosing. The interview may not be postponed more than twenty-four hours (except by mutual consent), with allowances being made for weekends and holidays. 82 CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2001-2004 3.0 NO dismissal, demotion, transfer, reassignment, or other personnel action, which might result in loss of wages or benefits shall be taken against any law enforcement officer, unless such law enforcement officer is notified of the action and the reason(s) therefore prior to the effective date of such action. 4.0 No law enforcement officer shall be discharged; disciplined; demoted; denied promotion, transfer, or reassignment; or otherwise discriminated against in regard to his employment, or be threatened with any such treatment, by reason of his exercise of the rights granted by this Police Officer's Bill of Rights. 5.0 CITY OF DELRAY BEACH POLICE DEPARTMENT PROCEDURES REGARDING COMPLAINTS. When a citizen or another Delray Beach Police Department employee (including officers), either verbally or in writing, makes a complaint concerning one or more law enforcement officers with the Delray Beach Police Department, the result of which could lead to a disciplinary action against said employee, the following is the procedure which should be followed: When the City receives a complaint, internal affairs or a supervisor as designated by the Chief of Police or his/her designee shall investigate the complaint as an IA investigation or a supervisor's review as 83 CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2001-2004 determined by the Chief of Police or his/her designee and interview the subject of the complaint. At the outset of the interview, the employee may request a copy of this Article 34 and then be permitted time to read same, so that no questions will arise as to the knowledge of the employee under investigation of those rights set forth therein. If there is the possibility of criminal charges, the employee under investigation shall also be read the standard Miranda warnings. Additionally, except under emergency circumstances, the employee shall be notified in writing at least 24 hours in advance of the time and date of his/her interview, unless other mutually acceptable arrangements are made to waive this time requirement. The written notice to the employee should state the fact that he/she is entitled to have an attorney or representative at said interview, whose sole purpose is to advise the employee of his/her legal rights, and not to interfere in said interview process. The interview shall be recorded, and a transcript made thereof. Also, the employee shall have the right to read and initial this transcript and note any differences or errors in the margins. In addition to the above interview(s), the investigating officer may make any other investigations concerning the factual basis of the 84 CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2001-2004 complaint that he/she deems necessary, including requesting the use of interrogative or interview-type polygraph examinations of all parties. Upon concluding his investigation into the matter, the investigating officer shall make a written summary of the findings of his/her investigation. This summary shall be presented to the Chief of Police for review. Additionally, the investigating officer should have a meeting with the Chief of Police to discuss this matter more thoroughly. At the conclusion of the investigation, all investigative documents and evidence will become public records and subject to inspection, except for confidential or exempt material contained therein or materials pertaining to an active criminal investigation. After the Chief of Police has reviewed and evaluated the investigation by the investigating officer, the Chief of Police may submit the report to one of his division commanders for further review and recommendations as to possible further investigation. After the division commander returns the report to the Chief of Police (or after the Chief's evaluation, if this procedure is not used), the Chief shall make a 85 CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2001-2004 preliminary decision as to whether the employee's conduct could warrant disciplinary action being taken against the employee(s) complained against. At this point, the aggrieved employee shall be given written notice to report to the Chief's Office (preferably for the following day and during his on-duty hours), and this meeting shall also be recorded. When the employee reports to the Chief, he or she may have a representative or an attorney present. The attorney or representative at the close of the hearing shall be entitled to make a statement or direct further questions to the employee for clarification purposes, but shall not be entitled to direct questions to the Police Chief. The Chief shall inform the employee that he has reviewed the complaint and that disciplinary actions is or is not warranted. If the Chief does not intend to discipline the employee, written notice of such decision may be provided to the employee in lieu of reporting to the Chief's office. If the Chief intends to discipline or recommend discipline against the employee, the Chief shall inform the employee of the disciplinary action he will take/recommend to the City Manager. After being informed of the recommended disciplinary action and prior to the time the recommendation is made by the Chief to the City Manager, the employee(s) 86 CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2001-2004 involved shall be given the opportunity to agree or disagree with the discipline recommended. If the employee disagrees with the discipline recommended, s/he can request a hearing before the City Manager. In appropriate circumstances, the employee may request the convening of a complaint review board. 6.0 COMPLAINT REVIEW BOARD. If the complaint against the employee was one that was filed by a non-employee citizen the employee has the right to request the convening of a complaint review board to review the complaint after the Chief has notified the employee of the proposed discipline. a. Composition of Complaint Review Board. If the employee requests the convening of a Complaint Review Board in the appropriate instances, the employee shall within 24 hours of such request present to the Chief of Police the name of the qualified person that he wishes to have sit on this Board. Within 24 hours of receipt of the employee's request, the Chief of Police shall choose the second member of the Board, and these two selectees shall pick the third member of the Board. However, in no case shall the Board members selected be involved in the representation, investigation, or review of any matters related to the subject matter of that which gave rise to the potentially recommended disciplinary action. The 87 CITY OF DELl?AY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2001-2004 Board members shall select one member to function as chairman. The complaint review board shall be convened when the three members of the Board can attend. The convening of the Board should be done as soon as possible. C o Complaint Review Board Procedures. At the convening of the complaint review board, the IA officer or such other person as may be selected by the City shall present the complaint against the employee the results of his investigation and his conclusions therefrom. At the Board hearing, the technical rules of evidence shall not apply, and the Board shall be permitted to hear any information which is relevant to the matter at hand. The employee shall be permitted to bring an attorney or other representative of his/her choice. The employee's representative or attorney will be permitted to advise the accused employee as to his legal rights, to call witnesses, and to conduct "direct and cross-examinations". However, this does not prevent the employee from calling witnesses or conducting such cross-examination. Additionally, the Board members themselves shall be permitted to call witnesses and to inquire of any witnesses called by any party. Ail witnesses shall be placed under oath prior to their testifying. At the conclusion of the 88 CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2001-2004 IA officer's presentation, the employee or his representative, shall be permitted to call witnesses or bring forth evidence in defense of his position. At the conclusion of the presentations by both sides, the Board shall discuss the matter publicly and take a vote on whether they support or reject the findings and/or potential disciplinary action as recommended by the Chief of Police. Should the Board agree with the findings and/or discipline recommended by the Chief, they shall so state in writing along with their findings of fact. Should the Board disagree with the Chief's findings and recommendations of discipline, the Board shall make its own recommendation of discipline, if any, and shall set forth an explanation of why it is different from that recommended by the Chief. Additionally, findings of fact shall be included in this report. do Upon receipt of the Board's written report, the Chief of Police shall again review the case and the Board's report, and shall make a final decision as to the discipline of the subject employee that he will take/recommend to the City Manager. The Board's recommendation to the Chief is not binding, and the Chief may retain his first disciplinary action/recommendation, adopt that of the Board, or choose a third and different disciplinary action. In 89 CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2001-2004 the appropriate case, this decision of the Chief of Police shall be forwarded to the City Manager for his review, in accordance with City procedures. 7.0 As provided for in Section 112.533(2) (a), Florida Statutes (1991), the employee shall have the right to review the complaint and all written statements made by the complainant and witnesses immediately prior to the beginning of an investigative interview. In the event that the City has obtained recorded statement(s) from the complainant and/or witnesses, the employee shall also have the right to review the recorded statements and any summaries of the recorded statements that the City has prepared. 8.0 The City will not require any employee to submit to Voice Stress Analyzer (VSA) testing, nor subject any tape recorded statement of an employee that is taken pursuant to this Article to voice stress analysis, without first obtaining the consent of the employee. 9.0 An employee under investigation shall be permitted to read, sign, and date any document having reference to the results and/or disposition of an investigation, prior to its being placed in the employee's personnel folder. 90 CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2001-2004 10.0 After the City Manager has made his final decision as to the disciplinary action, if any, to be taken against the subject member, and should the disciplinary action be grievable under the Contract, the subject member may file a grievance pursuant to the provisions and requirements of collective bargaining agreement between the City and the P.B.A. 11.0 Should any section or provision of this Article 34 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. 91 CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2001-2004 ARTICLE 35 NO STRIKE Section 1 A "strike" shall be defined as the concerted failure to report for duty, a concerted absence of members of the bargaining unit from their positions, a concerted stoppage of work, a concerted submission of resignations, a concerted abstinence in whole or in part by members of the bargaining unit from the full and faithful performance of their duties of employment with the City of Delray Beach, participating in a deliberate or concerted course of conduct which adversely affects the services of the City of Delray Beach, or the concerted failure to report for work after the expiration of a collective bargaining agreement. Section 2 No member of the bargaining unit may participate in a strike. Any violation of this provision shall subject the member of the bargaining unit or the P.B.A. or both to the penalties under Chapter 447 of the Florida Statutes and Chapter 20 of the City of Delray Beach Code of Ordinances. Section 3 In the event of a breach of the provisions of this article, the City of Delray Beach shall be entitled to recover from the P.B.A. and any employee in the bargaining unit participating in 92 CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2001-2004 the strike, jointly and severally, full compensatory damages, punitive damages, costs, and attorney's fees incurred in any and all proceedings involving said strike. Section 4 The City of Delray Beach shall have the right to unilaterally terminate the employment of any employee engaging in a strike. The only issue which shall be grievable with reference to the termination is whether or not the employee was in fact engaged in a strike. Section 5 In the event of a strike, the City shall transmit written notification to the chief agent or his designee of the P.B.A., and the P.B.A. will notify the employees of the bargaining unit and inform them that a strike is illegal under Florida law, of the sanctions which may be imposed against the P.B.A. and participating employees for a strike, and further instruct striking employees to immediately return to work. The P.B.A. agrees that the notification will be in writing and will be made in a good faith effcrt to get the employees to return to work. Such conduct shall exonerate the P.B.A. from all penalties, financial or 9therwise, which may be imposed under this Agreement, but this notwithstanding, the City does not waive any rights it may have to declare this Agreement to be null and void upon the occurrence of a strike. 93 CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 200 !-2004 ARTICLE 3 6 PERSONNEL DOCUMENTS All bargaining unit employees shall be permitted to obtain a copy of all documents that are placed in any of their personnel files, and further shall be provided copies of all disciplinary action documents placed in their department personnel file. The employee may, within thirty (30) days from the date of the document being placed in the employee's personnel file, file a written response to such document. The employee is fully aware that such written response places no further obligations on the City and confers no additional rights on the employee. Any written response by an employee shall be clearly designated as the employee's response and shall bear an acknowledgment by the employee that such a response is solely the employee's view of the incident and confers no further obligation on the part of the City and confers no further rights on the part of the employee. 94 CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 200 !-2004 ARTICLE 37 UNIFORM ALLOWANCE Those bargaining unit members assigned to positions within the Department which require the use of civilian attire will be granted a clothing allowance. Said allowance will be issued on a semi-annual basis at the rate of $350 per unit member. Those bargaining unit members assigned to the motorcycle unit will be entitled to a uniform allowance of $150 semi- annually. 95 CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2001-2004 ARTICLE 38 DISABILITY INSURANCE Bargaining unit employees shall be eligible to receive the long-term disability benefits pursuant to the City's current plans and policies applicable to by all other city employees. 96 CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2001-2004 ARTICLE 39 SICK AND VACATION PAY-OUT ACCRUALS The City shall make changes to the sick and vacation pay accruals policy by providing the following three (3) options: A. Provide a lump sum pay-out as currently exists. B. Enable employees who properly notify the City with the intent to retire, at least three years prior to Retirement date, the ability to have above noted accruals paid in payments of not more than one-third per year of amount available at date of designation of retirement. C. Providing all necessary IRS and local requirements can be satisfied, establish a 401H pay-out (subject to IRS and other and other legal requirements) which allows an employee to roll their accrual amounts at the time of retirement into such plan for payment of future medical expenses. The parties understand the effective date of this option shall be when all necessary IRS and other legal requirements are satisfied. 97 CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2001-2004 ARTICLE 40 TAKE HOME VEHICLE PLAN The City has agreed to a take home vehicle plan which shall include the following parameters: A. An officer must have three years experience with the Delray Beach Police Department. B. Officers must reside within a 15 mile radius of the Police Department Headquarters. C. Implementation including the current year shall take place over a four year period. D. The Police Department shall establish internal policies and procedures for the assignment and use of take home vehicles. 98 CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2001-2004 ARTICLE 41 GRIEVANCE PROCEDURES Section 1 The grievance procedures as described in Sections 2, 3 and 4, below, shall be used for the settlement of disputes between the City and an aggrieved employee or group of employees involving the interpretation or application of this Agreement. Section 2 Grievances shall be processed in accordance with the procedures outlined in this section. Any grievance not answered by management in the time limits provided for in this section shall be determined to be denied and may be advanced to the next higher step of the grievance procedure. Grievances of disciplinary actions shall be processed in accordance with the procedures outlined in Section 4. Step i The aggrieved employee, or an PBA representative on his or her behalf, shall submit a grievance in writing and it shall be discussed with the aggrieved employee's immediate supervisor and division head within ten (10) working days of the occurrence (or discovery thereof) which gave rise to the grievance. For the purpose of this article, working days shall mean Monday through Friday, excluding City holidays 99 CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2001-2004 Step 2 and weekends. An PBA grievance representative may be present to represent the employee, if the employee desires him or her present. The immediate supervisor and division head shall attempt to adjust the matter and/or respond to the employee within five (5) calendar days. If the grievance has not been satisfactorily resolved in Step 1, the aggrieved employee and the PBA representative, if the employee wishes his or her assistance, shall present the written grievance to the Police Chief within five (5) calendar days from the time the supervisor's response was due in Step 1. The Police Chief, or his or her designee shall meet with the employee and the PBA representative, if the employee wishes him or her present, within three (3) working days. The Chief, or his or her designee, shall respond in writing within five (5) calendar days from the day of the meeting. Where a grievance is general in nature, in that it applies to a number of employees having the same issue to be decided, it shall be presented directly at Step 2 of this grievance procedure, within the time limits for the submission of a grievance in Step 1, and shall be signed by the aggrieved employees, and/or an PBA representative on the employees' behalf. Grievances of a general nature shall be processed 100 CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2001-2004 Step 3 within the time limits hereinabove provided unless extended by mutual agreement in writing. If the grievance has not been satisfactorily resolved in Step 2, and an appeal to the City Manager is permitted pursuant to Section 4, the employee or the PBA if the employee elects PBA assistance, may present a written appeal to the City Manager within seven (7) calendar days from the time the response was due from the Police Chief in Step 2. The City Manager, or his or her designee, and any staff requested by the City Manager or his or her designee, shall meet with the employee (and the PBA representative, if the employee wishes him or her present), within five (5) working days. The City Manager or his designee shall respond in writing within seven (7) calendar days from the date of the meeting. Any grievance not processed in accordance with the time limits provided above shall be considered conclusively abandoned. Nothing contained in this article shall prevent any employee covered by this Agreement from processing his/her own grievance unassisted through the grievance procedure up to and including Step 3. step 4 If a grievance, as defined in this article, has not 101 CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2001-2004 Section 3 Bo been satisfactorily resolved within the grievance procedure, the PBA and only the PBA may request arbitration for PBA members. Members bf the bargaining unit who are not members of the PBA may also request arbitration. The request for arbitration shall be in writing to the office of the City Manager no later than fifteen (15) calendar days after the City Manager's response is due in Step 3 of the grievance procedure. The arbitration shall be procedural rules of the Conciliation Service unless conducted under the Federal Mediation and in conflict with any provisions set forth in this Agreement or unless otherwise agreed to or provided for by the parties in writing. Subject to the following, the arbitrator shall have the jurisdiction and authority to decide a grievance as defined in this article and to enforce compliance with the terms and conditions of the Agreement. However, the arbitrator shall have no authority to change, amend, add to, subtract from or otherwise alter or supplement this Agreement or any part thereof or any amendment thereto. The arbitrator shall have no authority to consider or rule upon any matter which is stated in this Agreement not to be subject to arbitration, which is not a 102 CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2001-2004 Do So grievance as defined in this article, or which is not specifically covered by this Agreement. The arbitrator may not issue declaratory or advisory opinions and the arbitrator shall be confined exclusively to the question which is presented, which question must be actual and existing. Copies of the award of the arbitrator, made in accordance with the jurisdictional authority under this Agreement, shall be furnished to both parties in writing within thirty (30) days of the hearing and shall be final and binding upon both parties. It is contemplated that the City and the employee shall mutually agree in writing as to the statement of the matter to be arbitrated prior to the hearing, and if this is done, the arbitrator shall confine his decision to the particular matter thus specified. In the event of the failure of the parties to so agree on a statement of issue to be submitted, both the PBA (or the employee, if not represented by the PBA) and the City shall submit a written statement of the grievance and the arbitrator shall confine his consideration to the written statement or statements submitted. This clause, however, shall not be construed to permit either party to present issues through their written statements that would not otherwise be subject to the grievance and arbitration provisions of this Contract. 103 CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2001-2004 Each party shall bear the expense of its own witnesses and its own representatives. The parties shall bear equally the expense of the impartial arbitrator. Any party requesting a copy of the transcript of such arbitration hearing shall bear the cost of same. Section 4 ao Discipline involving oral or written reprimands or suspensions without pay of three or less days may be processed through Step 2 of the grievance procedure. The decision of the Police Chief or his designee is final and binding on the parties. Discipline involving suspensions without pay of four or five days may be processed through Step 3 of the grievance procedure. The decision of the City Manager or his designee is final and binding on the parties. Discipline involving suspensions without pay of six to nine days may be processed through Step 3 of the grievance procedure. The decision of the City Manager or his designee may be appealed by the employee or the PBA, if the employee elects PBA assistance. The appeal shall be in writing and shall be filed with the City Manager within seven (7) days of receipt by the employee of notice of the City Manager's decision as a result of Step 3 of the grievance procedure. The appeal shall be reviewed by a five member review panel composed of two members selected by the PBA, two 104 CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2001-2004 Do members selected by the City, and one member selected and agreed upon by the PBA and the City. The review panel shall hold an evidentiary hearing during which the City and the employee may present witnesses and other relevant evidence. The employee may be represented by a non-lawyer PBA representative who is an employee of the City, if the employee desires to be represented. The non-lawyer PBA representative will be permitted a reasonable period of on-duty time to prepare for the evidentiary hearing. The City shall be represented by an Internal Affairs designee. After hearing the evidence, the review panel shall determine by a majority vote whether the employee is guilty of the misconduct as charged. The review panel shall have no authority to change the penalty previously imposed. In this regard, the authority of the review panel shall be governed by the provisions of paragraph E5 in the same manner that they are applicable to an arbitrator. The decision of the review panel shall be final and binding upon the parties. Discipline involving discharge, suspension without pay of ten or more days, or disciplinary demotion, may be processed through Step 3 of the grievance procedure. The decision of the City Manager or his designee shall be subject to arbitration. The arbitration shall be handled in accordance with the procedures outlined in Section 4E. Step 4 of the grievance procedure shall 105 CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2001-2004 Eo be followed except that the arbitrator shall be selected as set forth in Section E2. Arbitration of disciplinary matters shall be handled as follows: 1. The provisions of Section 3 shall apply except as modified by Section 4E2-5. 2. Immediately following ratification of this agreement and thereafter at the beginning of each fiscal year, the City and the PBA shall mutually select a pool of five potential arbitrators to hear disciplinary cases. The arbitrator for any given case shall be selected by each party alternately striking the names of arbitrators included in the pre-selected pool until one arbitrator remains, who shall hear the case. The employee shall make the initial strike. 3. The arbitration procedure shall be expedited such that a hearing is held within thirty days of the appeal and an award is issued within thirty days following the conclusion of the hearing. If the award is not issued within the thirty day time period, the arbitrator's fee shall be reduced proportionately to the number of days by which the arbitrator's decision is untimely. 4. There shall be no post-hearing briefs unless both parties agree prior to the hearing that post- hearing briefs may be submitted. 106 CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2001-2004 o The arbitrator shall not substitute his judgment for that of the City as to the wisdom or the degree of severity of the disciplinary action imposed, except as set forth in the last paragraph of this article. The arbitrator's inquiry shall be limited to the following: (a) whether the City possessed evidence of the misconduct before imposing the discipline ultimately imposed; (b) whether the employee is guilty of the misconduct as charged; (c) whether the discipline imposed is consistent with that imposed upon other employees who have committed the same or a similar offense under the same or similar circumstances, and who have similar disciplinary and employment records. If the discipline imposed is more severe than that previously imposed upon employees who have committed the same or a similar offense under the same or similar circumstances, and who have similar disciplinary and employment records, whether the City notified employees of the change in disciplinary policy prior to the occurrence of the act being disciplined; (d) whether the City has demonstrated upon the record that it has considered the severity 107 CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2001-2004 (e) (f) (g) of the punishment with regard to the nature and severity of the offense, the circumstances under which the offense was committed, the employee's past disciplinary and employment record, the length of the employee's tenure with the City, and whether the employee was under probation at the time the offense was committed; whether the City has demonstrated upon the record that the degree of punishment which it has imposed was not selected at random or without reason (arbitrary), and that the degree of punishment did not arise from caprice (arbitrary); whether the City has demonstrated on the record that the degree of punishment which it has imposed is consistent in that it is not apt to change suddenly or unpredictably (capricious), and is not inconsistent (capricious); whether the City has demonstrated on the record that the degree of punishment which it has imposed is within that range of punishment for the offense under the given circumstances upon which reasonable men can agree, notwithstanding that reasonable men 108 CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2001-2004 might disagree upon the specific punishment imposed under the given circumstances. If the arbitrator finds that the City has complied with (a) through (g), the discipline determined by the City shall be upheld. However, if the arbitrator finds that the City has not complied with (a) through (g), the arbitrator may determine the appropriate level of penalty. 109 CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2001-2004 ARTICLE 42 WORKERS' COMPENSATION The City agrees for Employees who sustain workers' compensation qualified injuries that the City will pay to such Employees amounts necessary to bring such employees to current full salary for ninety (90) calendar days and thereafter shall pay salary/benefits to such employees in accordance with the requirements of the Florida Statutes. The ninety (90) calendar day status shall only commence, as needed, and at such time, as when an employee initiates a need for this supplemental payment due to continuing absence from duty as caused by such injury. Once the ninety (90) day period commences it shall be available only from that day forward for ninety (90) consecutive calendar days. 110 CITY OF DELP,~Y BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2001-2004 ARTICLE 43 CONTRACT CONSTITUTES ENTIRE AGREEMENT OF THE PARTIES The parties acknowledge and agree that during the negotiations which resulted in this Agreement, each had the unlimited right and opportunity to make demands and proposals with respect to any subject or matter included by law within the area of collective bargaining and that all the understandings and agreements arrived at by the parties after the exercise of that right and opportunity are set forth in this Agreement. Therefore, the City and the P.B.A., for the life of this Agreement, each voluntarily and unqualifiedly waives the right to require further collective bargaining with respect to any subject matter referred to or matter covered in this Agreement or considered by the parties- during collective bargaining negotiations resulting in this Agreement, subject to impact bargaining, if any be lawfully required, and each agree that the other shall not be obligated to bargain collectively with respect to any matter or subject not specifically referred to or covered by this Agreement, whether or not such matters have been discussed, even though such subjects or matters may not have been within the knowledge or contemplation of either or both parties at the time that they negotiated or signed this Agreement. 111 CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2001-2004 This Agreement contains the entire contract, understanding, undertaking, and agreement of collective bargaining for and during its term. 112 CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2001-2004 ARTICLE 44 SEVERABILITY AND WAIVER Section 1 Should any section or provision of this Agreement or any portion thereof, any paragraph, sentence, or word be declared by a court or agency of competent jurisdiction to be unlawful and unenforceable, such decision of the court or agency shall apply only to the specific section or provision or portion thereof, directly specified in the decision and shall not affect the validity of the remainder hereof as a whole or part thereof, other than the part declared to be unlawful and unenforceable. Upon the issuance of such decision, immediately negotiate a substitute, invalidated section or portion thereof. the parties agree to if possible, for the Section 2 The exercise or non-exercise of the rights covered by this Agreement by the City or the P.B.A., except as to the notice provisions of Article 45, concerning Duration, Modification, and Termination, shall not be deemed to waive any such right or the right to exercise them in the future. 113 CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2001-2004 ARTICLE 45 DURATION, MODIFICATION, AND TERMINATION, REOPENER Except as otherwise provided in this agreement, this agreement shall be effective from October 1, 2001 and continue through September 30, 2004. Negotiations for a successor agreement shall commence not later than May 1, 2004. 114 CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2001-2004 ARTICLE 4 6 AMENDMENTS This Agreement may be amended at any time on mutual consent of both parties, but no such attempted amendment shall be of any force or effect until placed in writing and executed by both parties hereto. 115 CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2001-2004 ARTICLE 47 EXECUTION OF AGREEMENT In executing this Agreement, the Chairman of the Labor Committee, Police Benevolent Association and bargaining representative of the P.B.A. represent that they have made the bargaining unit employees aware of their responsibilities individually and collectively under this agreement at a regularly scheduled meeting of the organization and that by an affirmative vote of a majority of the membership present and voting, the individuals executing this agreement have been authorized by the membership to take such action. Dated this day of , 2001 ATTEST: City Clerk Approved as to form and legal sufficiency: CITY OF DELRAY BEACH, FLORIDA By: City Manager City Attorney Dated this ATTEST: day of · 2001 POLICE BENEVOLENT ASSOCIATION By: President PBA Representative 116 MEMORANDUM TO: FROM: SUBJECT: MAYOR AND CITY COMMISSIONERS C1TY MANAGER AGENDA ITEM ~ O - REGULAR MEETING OF.[LILY 10, 2001 RESOLUTION NO. 45-01 (SUPPORTING THE ESTABLISHMENT OF AMTRAK PASSENGER RAIL SERVICE BETWEEN JACKSONVILLE AND WEST P^IM BEACH ALONG THE EAST COAST OF FLORIDA) DATE: JULY 10, 2001 Amtrak and the Florida East Coast Railroad have announced they have signed an agreement that will make possible passenger and improved freight rail service to the East Coast of Florida. They will provide two daily round trip passenger trains between Jacksonville and Miami. In addition to stops from West Palm Beach south, these trains will provide stops in St. Augustine, Daytona Beach, Titusville, Cocoa/Port Canaveral, Melbourne, Vero Beach, Ft. Pierce and Smart which are not accessible by passenger rail service. Resolution No. 45-01 supports the establishment of this new rail service and urges the Florida Department of Transportation, the Florida State Legislature and Governor Jeb Bush to support the funding for this project and to continue to provide alternative transportation for Florida residents and tourists thus reducing our overcrowded highways. Recommend approval of Resolution No.45-01 supporting the establishment of Amtrak passenger trial service between Jacksonville and Miami along the East Coast of Florida. Section 3 has been modified to include; "The City of Delray ~.& aim toges that passenger rail ser~ on the Florida East Gxtst Railroad tracks should include stops in Delray Beach ard other cifes bema~ West Palm Beach and Miami in addition to stops in dries north of West Palm Beach". Ref:Agmemo 14.Res.45-01SupportingAmtrak RESOLUTION NO. 45-01 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, SUPPORTING THE ESTABLISHMENT OF AMTRAK PASSENGER RAIL SERVICE BETWEEN JACKSONVILLE AND MIAMI ALONG THE EAST COAST OF FLORIDA; AND AN EFFECTIVE DATE. WHEREAS, Amtrak and the Florida East Coast Railroad have announced they have signed an agreement that will make possible passenger and improved freight rail service to the East Coast of Florida; and WHEREAS, the passenger service will consist of two daily round trip trains, with each train carrying up to 300 passengers; and WHEREAS, this critical addition of our transportation infrastructure depends on a one-time Florida Department of Transportation investment of approximately $62.5 million, of which $15.5 million is already set aside; and WHEREAS, Amtrak trains will provide stops in St. Augustine, Daytona Beach, Titusville, Cocoa/Port Canaveral, Melbourne, Vero Beach, Ft. Pierce and Stuart; and WHEREAS, these communities are not presently accessible by passenger rail service; and WHEREAS, the project will offer rail transportation as an alternative to residents and tourists and help ease our overcrowded highways; and WI--IEREAS, the train service is part of a larger restructuring of Amtrak service to Florida that will result in increased service to many parts of the state. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. The City of Delray Beach supports the establishment of Amtrak passenger rail service between Jacksonville and Miami along the East Coast of Florida. Section 2. The City of Delray Beach urges the Florida Department of Transportation, the Florida State Legislature and Governor Jeb Bush to support and fund the establishment of such passenger rail service. Section 3. The City of Delray Beach also urges that passenger rail service on the Florida East Coast Railroad tracks should indude stops in Delray Beach and other cities between West Palm Beach and Miami in addition to stops in cities north of West Palm Beach. Section 4. That this resolution shall become effective immediately upon adoption by the City Commission of the City of Ddray Beach, Florida. PASSED AND ADOPTED in regular session on this the 102 day of July, 2001. ATTEST: MAYOR Acting City Clerk MEMORANDUM TO: FROM: SUBJECT: MAYOR AND CITY COMMISSIONERS CITY MANAGER ~ AGENDA ITEM q'~' - REGULAR MEETING OF JULY 10, 2001 RESOLUTION NO. 45-01 (SUPPORTING THE ESTABLISHMENT OF AMTRAK PASSENGER RAIL SERVICE BETWEEN JACKSONVILLE AND WEST PALM BEACH ALONG THE EAST COAST OF FLORIDA) DATE: JULY 6, 2001 Amtrak and the Florida East Coast Railroad have announced they have signed an agreement that will make possible passenger and improved freight raft service to the East Coast of Florida. They will provide two daily round trip passenger trams between Jacksonville and Mlarm. In adchnon to stops from West Palm Beach south, these trams will provide stops m St. Augustine, Daytona Beach, Timsville, Cocoa/Port Canaveral, Melbourne, Veto Beach, Ft. Pierce and Smart which are not accessible by passenger rail service. Resoluuon No. 45-01 supports the establishment of this new rail service and urges the Florida Department of Transportation, the Florida State Legislature and Governor Jeb Bush to support the funding for tins project and to continue to provide alternative transportatton for Florida residents and tourists thus reducing our overcrowded tughways. Recommend approval of Resolunon No.45-01 supporting the establishment of Amtrak passenger trial service between Jacksonville and Mlarm along the East Coast of Florida. RefiAgmemol 4 Res.45-01SupporungAmtrak I RESOLUTION NO. 45-01 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, SUPPORTING THE ESTABLISHMENT OF AMT1C~K PASSENGER RAIL SERVICE BETWEEN JACKSONVILLE AND MIAMI ALONG THE EAST COAST OF FLORIDA; AND AN EFFECTIVE DATE WHEREAS, Amtrak and the Florida East Coast Railroad have announced they have signed an agreement that xtall make possible passenger and unproved freight raft sermce to the East Coast of Florida, and WHEREAS, the passenger service will consist of two daily round mp trams, anth each tram carrying up to 300 passengers; and WHEREAS, tins crincal ad&non of our transportanon infrastructure depends on a one-me Florida Department of Transportanon investment of approyarnately $62 5 milhon, of winch $15 5 intron is already set aside, and WHEREAS, Amtrak trams will promde stops in St Augusnne, Daytona Beach, Tlmsvflle, Cocoa/Port Canaveral, Melbourne, Veto Beach, Ft Pierce and Smart, and WHEREAS, these commumttes are not presently accessible by passenger rail sermce; and WHEREAS, the prolect roll offer rail transportauon as an altemanve to residents and tourists and help ease our overcrowded Inghxvays, and WHEREAS, the tram sermce is part of a larger restructuring of Amtrak sermce to Florida that will result m increased service to many parts of the state. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS Section 1 The C~ty of Delray Beach supports the estabhshment of Amtrak passenger rail sermce between Jacksonville and Mmtm along the East Coast of Florida. Section 2 The City of Delray Beach urges the Florida Department of Transportanon, the Florida State Legaslamre and Governor Jeb Bush to support and fund the estabhshment of such passenger rail sermce Secnon 3 That tins resolunon shall becotne effecnve mame&ately upon adopnon by the City Comnuss~on of the C~ty of Delray Beach, Florida PASSED AND ADOPTED m regular session on tins the l0th day of July, 2001 ATTEST MAYOR Acting City Clerk Mayor City Commission City of Stuart 121 S.W. Flagler Avenue · Stuart ° Florida · 34994 Telephone: (561) 288-5312 June 28,2001 Dear Official: Amtrak and the Florida East Coast Railway recently reached agreement to provide a new passenger rail service along the east coast of Florida. The proposed new rail service will run from Jacksonville to Miami and add new stops in eight communities: St. Augustine, Daytona Beach, Titusville, Cocoa/Port Canaveral, Melbourne, Vero Beach, Fort Pierce and Stuart. The addition of passenger rail service along Florida's east coast will provide opportunities for increasing economic development and offer a new travel alternative for Floridians traveling within the state and to other destinations along the east coast. It is a completion of the missing link in transportation for the cities from the southern most part of the state to Jacksonville. Also, ^mtrak is one of the few travel modes that is fully accessible to mobility challenged travelers, a feature that will be most attractive to many of Florida's seniors. If state funding for the project can be committed quickly for station development and railroad infrastructure improvements, the first trains could begin running as early as April, 2002. Judy Parrish, Mayor of Cocoa, Florida and I are co-chairing an effort to obtain the participation of mayors and public officials across the state to support a campaign to obtain the necessary additional funding of $49 million from the Florida Department of Transportation. We will make a presentation to Secretary Tom Barry on July 17th in Tallahassee and want to give him resolutions from as many counties, cities and MPOs as we can obtain. If you agree to assist us in our efforts, a sample resolution is enclosed. Please return the resolution by July 12th, and if readily available letters of support from Chambers of Commerce, seaports, airports, etc. We will see that all information gets to the DOT, Page Two June 28, 2001 Governor and Legislators. Please mail your resolutions and/or letters of support to: Judy J. Parrish, Chairperson Mayor, City of Cocoa 603 Brevard Avenue Cocoa, FL 32922 Phone: 32-636-7384/639-7550 Fax: 321-639-7575 Email: hupiii@aol.com (Ms.) Gene C. Rifkin, Co-Chairperson Mayor, City of Stuart 121 S. W. Flagler Avenue Stuart, FL 34994 Phone: 561-287-0237/288-5312 Fax: 561-288-5316 Thank you for joining us in our effort to make passenger rail service available to our residents all along the east coast of Florida. Sincerely, Mayor GCR/pha/gcmmtmkresolution62701 encl. . ~IT¥ OF COCOA ~321 639 7575 06/21/01 14:01 ~:02/03 N0:158 RESOLUTION NO, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF , ,, , FLORIDA SUPPORTING THE ESTABLISHMENT OF AMTRAK PASSENGER RAIL SERVICE BETWEEN JACKSONVILLE AND WEST PALM BEACH ALONG THE EAST COAST OF FLORIDA. WHEREAS, Amtrak and the Florida East Coast Railroad have announced they have signed an agreement that will make possible passcngcr and improved freight rail service to thc East Coast of Florida; and WHEREAS, the passenger service will consist of two daily round trip trains, with each train carrying up to 300 passengers; and WHEREAS, this critical addition to our transportation infrastructure dc'pends on a one-time Florida Department of Transportation investment of approximately $62,5 million, of which $15.5 million is already set aside; and WHEREAS, Amtrak trains will provide stops in St. Augustine, Daytona Beach, Titusville, Cocoa/Port Canaveral, Melbourne, Veto Beach, Ft. Pierce and Stuart; and WHEREAS, these communities have limited transportation options; WHEREAS, the project will offer rail transportation as an alternative to residents and tourists and help ease our overcrowded highways; and WHEREAS, the train service is part of a larger restructuring of Amtrak service to Florida that will result in increased service to many parts of the state, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FLORIDA, as follows: Section I. The City of supports the establishment of Amtrak passenger rail service between Jacksonville and West Palm Beach along the East Coast of Florida. Section2. The City of urges the Florida Department of Transportation, the Florida State Legislature and Governor J'eb Bush to support and fund thc establishment of such passenger rail service. S~ction3, Effective Date. This Resolution shall become effective immediately upon adoption by the City Council of thc City of ., Florida. ' CItY OF COCOA ~321 639 7575 06/21/01 14:01 0:03/03 N0'158 'i ADOPTED at a regular meeting of the CiW Council of the City of assembled this ._ day of_~. ,2001. , Florida, Mayor ATTEST: City Clerk MEMORANDUM TO: FROM: SUBJECT: MAYOR AND CITY COMMISSIONERS CITY MANAGER/~ AGENDA ITEM # ~ ~-~ - REGULAR MEETING OF JULY 10, 2001 DESIGNATION OF VOTING DELEGATE/FLORIDA LEAGUE OF CITIES ANNUAL CONFERENCE DATE: JULY 6, 2001 The 75th Annual Conference of the Florida League of C~ties will be held at the Wyndham Palace & Spa, Lake Buena Vista on August 23-25, 2001. The League encourages each member c~ty to send as many delegates as possible to the conference, and also requests that each c~ty designate one of ~ts officmls to cast votes at the annual business session. League by-laws requtre that each c~ty select one person to serve as the c~ty's voung delegate. Last year Commlss~oner Archer was selected as the voting delegate. E~ther the Mayor, any one of the Comrmss~oners, or the C~ty Manager may be designated to serve ~n thts capacity. Recommend designation of a young delegate to cast votes on behalf of Delray Beach at the annual business session of the Florida League of C~ties. Ref Agrnemol 4 FLC VotmgDelegate.2001 FLORIDA LEAGUE OF ClTIES INC. MEMORANDUM TO: FROM: DATE: City Managers/City Clerks C~ Michael Sittig, Executive Director June 8, 2001 SUBJECT: 75th Annual Conference - Downtown: Connecting Communities, Cultures and Commerce VOTING DELEGATE AND RESOLUTION INFORMATION August 23-25, 2001 - Wyndham Palace & Spa, Lake Buena Vista As you know, the Florida League of Cities' Annual Conference will be held at the Wyndham Palace Resort and Spa in Lake Buena Vista on August 23-25. This year's theme, Downtown: Connecting Communities, Culture and Commerce, will provide valuable educational opportunities to help Florida's city officials serve their citizenry more effectively. It is important that each city designate one person to be the voting delegate. Policy development, election of League leadership and adoption of resolutions are undertaken during the business meeting. One official from each city will make decisions that determine the direction of the League. Registration materials have already been sent to each city. Call us if you need additional copies. We have attached the procedures your city should follow for presenting resolutions to the League membership. Resolutions must be received by the League no later than July 20, 2001. Should you have any questions or need additional information, please feel free to call Allison Payne or Jenny Anderson at Suncom 278-5331 or (800) 342-8112. Attachments: Form Designating Voting Delegate Procedures for Submitting Conference Resolutions 301 South Bronough, Suite 300. Post Office Box 1757. Tallahassee, FL 32302-1757 Telephone (850) 222-9684 · Suncom 278-5331 · Fax (850) 222-3806 · Internet: www.flcities.com Procedures for Submitting Resolutions Florida League of Cities 75th Annual Conference Wyndham Palace Resort Lake Buena Vista, Florida August 23-25, 2001 In order to fairly systematize the method for presenting resolutions to the League membership, the following procedures have been instituted: (1) (2) (3) (4) (5) Proposed resolutions must be submitted in writing, to be received in the League office a minimum of 30 days prior to the first day of the annual conference. Proposed resolutions will be rewritten for proper form, duplicated by the League office and distributed to members of the Resolution Committee at least 15 days prior to the first day of the annual conference. (Whenever possible, multiple resolutions on a similar issue will be rewritten to encompass the essential subject matter in a single resolution with a listing of original proposers.) Proposed resolutions may be submitted directly to the Resolutions Committee at the conference; however, a favorable two-thirds vote of the committee will be necessary to consider such resolutions. Proposed resolutions may be submitted directly to the business session of the conference without prior committee approval by a vote of two-thirds of the members present. In addition, a favorable weighted vote of a majority of members present will be required for adoption. Proposed resolutions relating to state legislation will be referred to the appropriate standing policy committee. Such proposals will not be considered by the Resolutions Committee at the conference; however, all state legislative issues will be considered by the standing policy committees and the Legislative Committee, prior to the membership, at the annual Legislative Conference each fall. At that time, a state Legislative Policy Statement will be adopted. Resolutions must be received by the League no later than July 20, 2001. Cities unable to formally adopt a resolution 30 days prior to the first day of the conference may submit a letter to the League office indicating their city is considering the adoption of a resolution, outlining the subject thereof in as much detail as possible, and this letter will be forwarded to the Resolutions Committee for consideration in anticipation of receipt of the formal resolution. il 75th Annual Conference Florida League of Cities, Inc. August 23-25, 2001 Lake Buena Vista, Florida It is important that each member city sending delegates to the Annual Conference of the Florida League of Cities, designate one of their officials to cast their votes at the Annual Business Session. League By-Laws requires that each city select one person to serve as the city's voting delegate. Please fill out this form and return it to the League office so that your voting delegate may be properly identified. Designation of Votinl~ Delel~ate Name of Voting Delegate: Title: City of: AUTHORIZED BY: Name Title Return this form to: Gall Dennard Florida League of Cities, Inc. Post Office Box 1757 Tallahassee, FL 32302-1757 or Fax to Gaff Dennard at (850) 222-3806 Important Dates June 11, 2001 Notice to Local and Regional League Presidents and Municipal Associations regarding the Resolutions Committee July 15 Appointment of Resolutions Committee Members July 20 Deadline for Submitting Resolutions to the League office July 24 Resolutions Mailed to Associations Requesting Nominees to the Resolutions Committee August 23 League Standing Committee Meetings Resolutions Committee Meeting Voting Delegates Registration August 25 Immediately Following Luncheon - Pick Up Voting Delegate Credentials Followed by Annual Business Session DELRAY BEACH CITY CLERK 100 N.W 1st AVENUE 1993 DELRAY BEACH FLORID;- July 11, 2001 Ms. Gail Dennard Florida League of Cities, Inc. P.O. Box 1757 Tallahassee, FL 32302-1757 Re: Designation of Voting Delegate Dear Ms. Dennard: Please be advised that Mayor David W. Schrnidt has been selected by the Delray Beach t~lt) Commission to serve as the City's voting delegate at the 75th Annual Conference of the Florida League of Cities, Inc., to be held August 23-25, 2001, in Lake Buena Vista. Should you have any questions, please do not hesitate to contact me at 561/243-7051. Sincerely, Barbara Garito, CIVIC Acting City Clerk bg Endosure Copy: Mayor & Commissioners David T. Harden, City Manager M~scLtr FLCVotingDelegate.AnnualConference P~nted o~ Recycled THE EFFORT ALWAYS MATTERS [ITY OF DELRrI¥ BErlgH CiTY ATTORNEY'S OFFICE 200 NW 1st AVENUE · DELRAY BEACH, FLORIDA 33444 TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755 1993 MEMORANDUM FROM: Writer's Direct Line 561/243-7091 DATE: June 28, 2001 TO: City Commission David Harden, City Manage_r Brian Shutt, Assistant City Attorney SUBJECT: Alwani v. City of Delray Beach, Proposal for Settlement The above case arises out of an automobile accident that occurred on April 3, 2000 on northbound Federal Highway just north of George Bush Boulevard. A City fire truck was proceeding northbound, non-emergency, on Federal Highway and while attempting a U-turn a collision occurred between the fire truck and a car that was also proceeding northbound on Federal Highway. The Plaintiff filed suit against the City alleging negligence on behalf of the City and claiming injuries to his back and neck. Our office recommends that we file a proposal for settlement in the amount of $45,000.00 in this case in order to be eligible to receive reasonable attorney's fees and costs accrued after the date of filing, if the jury returns a verdict for the City or if the verdict is 25% less than the amount filed in the proposal for settlement. Please place this item on the July 10, 2001 City Commission agenda. Please call if you have any questions. cc: Barbara Garito, Acting City Clerk TO: FROM: SUBJECT: MAYOR AND CITY COMMISSIONERS CITY MANAGER ~ AGENDA ITEM~;~- REGULAR MEETING OF JULY 14, 2001 APPOINTMENT TO THE DOWNTOWN DEVELOPMENT AUTHORITY DATE: JULY 6, 2001 With the resignation of Sydney Heard, term ending July 1, 2002 (see attached letter) from the Downtown Development Authority this creates a vacancy for one member to fill her unexpired term ending July 1, 2002. To qualify for appointment, a prospective member must reside in or have his or her principal place of business in the City, and shall not be serving as a City officer or employee. There is a requirement that at least four of the members must be owners of realty within the downtown area, a lessee thereof required by the lease to pay taxes thereon, or a director, officer or managing agent of an owner or of a lessee thereof so required to pay taxes thereon. Currently serving on the DDA and meeting ownership and tax payment qualifications are Mrs. Ellis, Mr. Wheat, Mr. Wideman, Mr. Griek and Mr. Carbone. The following have submitted applications for consideration: Mayer Abbo David Beale Janine Dabney-Battle (meets tax qualification) (meets tax qualification) (current alternate member on BOA) MEMORANDUM TO: FROM: SUBJECT: MAYOR AND CITY COMMISSIONERS CITY MANAGER ~ AGENDA ITEM~5~G- REGULAR MEETING OF JULY 14, 2001 APPOINTMENT TO THE DOWNTOWN DEVELOPMENT AUTHORITY DATE: JULY 6, 2001 With the resignation of Sydney Heard, term ending July 1, 2002 (see attached letter) from the Downtown Development Authority this creates a vacancy for one member to fill her unexpired term ending July 1, 2002. To qualify for appointment, a prospective member must reside in or have his or her principal place of business in the City, and shall not be serving as a City officer or employee. There is a requirement that at least four of the members must be owners of realty within the downtown area, a lessee thereof required by the lease to pay taxes thereon, or a director, officer or managing agent of an owner or of a lessee thereof so required to pay taxes thereon. Currently serving on the DDA and meeting ownership and tax payment qualifications are Mrs. Ellis, Mr. Wheat, Mr. Wideman, Mr. Griek and Mr. Carbone. The following have submitted applications for consideration: Mayer Abbo David Beale Janine Dabney-Battle Stefanie Gapinski Jay E. Hasner Ivan Ladizinsky Richard McGloin Peggy Murphy Jeffrey Silberstein Michael Simon Jean Sylvia (meets tax qualification) (meets tax qualification) (current alternate member on BOA) (current regular member on CEB) A check to confirm that all are registered voters was completed. Also, a check for code violations and/or municipal liens was conducted. None were found. Based on the rotation system, the appointment will be made by Commissioner Perlman (Seat #1). Recommend appointment of one member to fill an unexpired term ending July 1, 2001. boardcomrmss~on memo dda 7 I 0 01 RECEIVED JUN f ~ 200f CITY CLERK DELRAY BEACH ® BOARD MEMBER APPLICATION 1993 Please type or print the following information: 1. Las~ kamd: .~'t~r..~ Name ~~ ~ I. 4. 2. Home A~ess: ~ Stye Zip ~e 3. ~ Resident: ~ Stye Zip ~e 4. P~dp~ Bus'ess A~ss: ~ ~I~.' ~ S~e Zip ~e 5. Home Phone: Bus,ess Phone: E-M~ A~ess: ~ Phone: ~) F~: C~~) 6. ~ you a re~er~ voter? I~ so, where ~e ~op re~er~? . 7. ~ Bo~(s) ~e you ~re~ed ~ ~g? 8. ~ ~ G~ Bo~& on w~ch y~ ~ ~& ~g or have pr~om~ ~e& ~le~e ~du& &~s) 9. Edu~fio~ q~ons: 10. ~ ~y related professiong ~fi~tions ~d ~nses w~ch you hold: 11. Give yo~ p~esenr, or mo. ream ~pl~., ~d pgfidon:~ ~ 12. Describe ~penen~s, ~s or ~owle~e ~ ~ you to ~e on ~s bo~& ¢le~e a~ a brief reme) I here~~ ~a ~ ~e above ~~ ~ ~&~ ~e~m~d ~a ~ mi,~t of m~ faro Note: This application will remain on file in tl~it~ C~r"k'~'Ot~ice for a period of 2 years from the date it was submitted. It will be the applicant's responsibility to ensure that a current application is on fde. S'~CI T¥CLERK'tBOARD~I~PPLI CAT I ON MAYER ABBO ARCHITECT AND ASSOCIATES, INC. AA0003142 Mayer Abbo Architect and Associates, provides a unique blend of design excellence, technological support and personal attention that has built the firm's success in satisfying the needs and expectations of its clients. The company's main goal is the pursuit of excellence in design, through a personalized service that is on schedule and within budget. Using CAD applications and advanced technology systems, Mayer Abbo Architect and Associates assures the most efficient and practical design solutions. The firm has completed a number of high-end luxury homes, multi-family residential projects, interior space planning and tenant improvement designs which reflect its commitment to the highest quality standards. Mayer S Abbo, founder and principal architect of the finn, received a Master of Architecture degree from the Massachusetts Institute of Technology and a Bachelor of Design in Architecture degree from The University of Florida. He is a member of the American Institute of Architects (AIA) and is also actively involved in numerous community organizations. Mr. Abbo focuses in giving his clients the best of services and a clear vision of their individual projects. Comprehensive services provided by Mayer Abbo Architect and Associates include: · Architecture · Projoct Programming · Concept Planning · Site Analysis and Land Planning · Space Planning and Interiors · Project Administration and Site Design Visits ARCHITECTURE IN'rERIOR DESIGN SPACE PLANNING 355 N E FIFTH AVE , SUITE 7 DELRAY BEACH, FL 33483 TELEPHONE 561 272 0703 FACSIMILE 561.272 4949 WWW MAYERABBOARCH COM MAYEROMAYERABBOARCH COM MAYER ABBO ARCHITECT AND ASSOCIATES, INC. AA00 0 3 I 42 EDUCATION 1990- 1992 Ma~sachuseua I~dmte of Tecimology Dt~t: Masttr ~f ~lrtbittct~tr~ 1986- 1990 Unive~ity of Florida Dgmt: Bacbd~r ~ Dtsign in Art~itttt~re STATUS Registered Architect WORK EXPERIENCE Sutte of Florida AR - 0016289 1996- Present Mayer Abbo Architect and Associates, Inc. Deltay Beach, Florkta Spee4~l~zing in custom luxury homes, multi-family residential projects, interior space planning, commercial and tenant improvement jobs. Homes Custom residence for Mr. And Mrs. Atmoscia in ST. Andrews Country Club, Boca Raton FI~ a 9,000 scI. ft. 2 story luxurious Medtterranean custom home overJooidng the golf course. · Va~'ous old Florida style custom homes in the FT. Lauderdale, FL. ~tater front community of Rio Vista~ · The Shlesinger residence at Foxe Chase, Deltay Beach FL- a 7,000 sq. fc 2 story high end Meclitetranean style custom home in a lushly txt~ical l-acre plus lot. · The Berger residence at Foxe Chase, Delray Beach FL* a 6,000 sq. ~ single story courtyard style home. · Residence for Altamim Luxury Homes at Foxe Chase, Deltay Beach FL- a 5,000 sq. f~ single story contemporary · The Miller residence in Lake Worth FL- a 4,000 sq. f~ 2 story 1M;~ner style custom home overlooking the intracoastal ~ater way. · Residence for Savion Luxury Homes in Golden Harbour, Boca Raton FL- a 5,000 sq. K 2 story custom home overlooking a deep water canal in one of Boca Raton's most prestigious waterfront communities. · The Abbo Residence at Foxe Chase, Deltay Beach FL- a 4,600 sq. ft. single story contemporary home designed around one hundred year old oak trees in a rate and enchanting acre plus property. · Custom home for Mrachek Bros., Inc. in Dekay Beach FL- an award win,lng two story Inttacoastal water front home published in Florida Architecture. ~:ICHITECTURE INTERIOR DESIGN SPACE PLANNING 355 N.E FIFTH AVE., SUITE 7 DELRAY BEACH, FL 33483 TELEPHONE 561.272 0703 FACSIMILE 561.272 4949 WWW MAYERABBOARCH COM MAYEROMAYERABBOARCH COM MAYER ABBO ARCHITECT AND ASSOCIATES, INC. AAO 003 142 · The Estu~ in Ddray Beach FL- an Intt~coastal w~ter front community of 104 upscale ~ h~ ~ces. ~ 13 miquely designed buikl~ types composed of 4 different town home floor plans. · The Oasis in Boynton Beach FL- a multi-fan~y project compos~ of single and two story units with a total of 78 units ~ 12 buildings. Addttloz~/Reuorao'o~ · The Smith Residence at Pelican Cove, Ocean Ridge FL- Interior t'movation of a ~te ~ory luxurious wa~ hont residence. · Proposal for an Addition/Renovation to the Cadet Hotel in South Beach, FL- design proposal to renovate, restore and add to the historic Cadet Hotel witch housed such st~rs as Clark Gable during the Second World War. · Den~ Office for Dr. Norm Fenichel, Lake Worth Florida (app. 3,500 sq. ~)- space pbnnlng and interior layout design for a single story medical office space located in a shopping center plaza. · Proposal for a Hyperbaric Medical Suite at Mercy Hospital, Miami FL - space plamaing and design for a new medical office space of app. 6,000 sq. ft. · Bank of America proposal on East Atlantic Ave. in Dekay Beach, FL- a large scale multi faceted Foject consisting of both residential and cotmnerehi space. PROFESSIONAL MEMBERSHIPS & ACADEMIC AFFILIATIONS · The American Institute of Architects · The National Council of Architectural Registration Boax-d · MIT Alumni Association of the Palm Beaches · Palm Beach AIA ARCHITECTURE INTERIOR DESIGN SPACE PLANNING 355 N E FIFTH AVE , SUITE 7 DELRAY BEACH, FL 33483 TELEPHONE 561.272 0703 FACSIMILE 561272 4949 WWW MAYERABBOARCH COM MAYER·MAYERABBOARCH COM ( ' BOARD MEMBER APPLICATION~' . City ,~tatc Zip ('ode JI:'ax' . ~.'~.5__ g. I.isl ;m.S rclalcd p~',rTJV~,.~ii{i'[:~.;rli'Ji~Jalio[v~ fi,d'iicc,.,;c., '~h~cl'l w,,, hold: .... .._pu,,;,r ,o a- g ~cz__/..9'/o:: .... /.J~..t.~/ff0g_./.c__ .":3_'._,~_- __/~.~-'_ ............. -I"TI. i:iivc--t.:,:,r p[~:~["~. ];, ]['.,.(i']':;~:c,:i ~:n'q:h,};c,'. n,.l J l hereby ce~ify that all the above statements are true, and I agree and unde~tand that any [ misstatement of material facts contained in this application may ~use fo~eiture upon my part ,~y~ppointl~! may receive. 'F ...... 'l'his applicnlicm will rcrnain on lilt in Iht ('il)' ('lcrk's ( Jl'ficc fi:r a period o1'2 yc:,'.s from iht dale il wa.s suhmiucd. I~ will he Ih~ applicanl's rcsponsihilily I- cn.~urc Ihal a cLirrcnl ,'q~plicnti,n is nn Iilu. oo aDMrrr~D, iILORIDAAND ~ YORK DAVID A. BEALE, P.A. Law Offices 355 NE 5'~ Avenue - Suite Delray Beach, Florida 3348 TELEPHONE (~6]) ~-14~ r's';~HOI~E ('~el) 223-30~0 ~wu0 THIRD AVENUE. 29TN NEW YORK, ~ YORK 10017 TELEPNON~ (212) 909.02O3 PACglHILE (212) DAVID A. BEALE David A. Beale is a graduate of Comell University (B.S. 1971) and Fordham Law School (I.D. 1974, Law Review 1972-74). He is a member ofthe New York Bar (1975) and Florida Bar (1990) David Beale is a member of The Florida Bar Association, New York State Bar Association, and Association ofthe Bar ofCity of New York. He belongs to the Entertainment Arts and Sports Law Section of the Florida Bar, where he is on the Executive Council and Chairman of the Publishing Committee. He is also active in the Media Law Committee of the Florida Bar, and the Intellectual Property Law Section of the New York Bar Association. Mr. Beale has spent his entire career representing the needs of small businesses and their owners, the sizes ofwhich range from start-ups to companies with SI00 million in sales. His practice encompasses all types of corporate, partnership, employment and commercial agreements, including leases, property purchases, and financing agreements, as well as all types of litigation that relate '.thereto. He is able to w6rk with clients who have sole proprietorships as well as partnerships and cp. rporations, and to guide them through the intricacies of licenses, fictitious names, incorporation, corporate document requirements, employment agreements, shareholder, voting and buy-sell agreements, confidentiality and non-compete agreements, mergers and acquisitions and creditors rights. Mr. Beale can give guidance on vendor, service and soRware agreements, as well as negotiate and litigate disputes over same. , On a persorud level, Mr. Beale ~an advise and counsel on all types of'matters, including wills, trusts, health surrogates, powers or' attorney, living wills, and probate, real estate, rentals, name changes, bankruptcies, debtors and creditors rights and homeowner and association rights. When a client's need arises, he works with the best attorneys in the fields of matrimonial, personal injury and estate planning Real estate closings can take place in his suite, with title work done by associated counsel. Clients of the firm are found in the areas of banking, publishing, distribution, marketing, licensing, food, drugs, cosmetics, restaurants, real property, direct mail, fulfillment, accounting, non- profits, party planning, catering, equipment sales and financing, and employee management and training He has extensive experience in employment law issues, and spends a great amount oftime counseling companies and their human resources professionals with questions concerning discrimination, harassment, disabilities, EEO, Family Medical Leave and Fair Labor Standards If such issues cannot be resolved by counseling and negotiation, Mr. Beale has litigated all types of employment law issues. Mr. Beale is outside general counsel to a rational and international distributor of magazines and books, employing over i 500 persons rationally. Mr. Beale has also represented national magazine and book publishers, and film and video producers, and has negotiated and drafted contracts for clients that cover every co~le area of need, including copyright, trad~ fights acquisition, licensing, publishing, distribution, printing, mergers, and assets and stock purchase and He also has extensive litigation ~xperience in slate ~nd federal coum all over the counw/in all related areas, which include infringements of all types, libel, slander, invasion of fights of privacy and publicity, First Amendment issues, unfair competition, I$ well as e~Mrorcement of contract rights in these areas. INTELLECTUAL PROPERTY AND MEDIA PRACTICE David A Beale is experienced to handle a wide array of issues and problems in this practice area, including representation of magazine and book publishers, distributors, film and video producers. The areas of expertise covered by Mr. Beale's practice include the following: Trademark and Copyright Practice - This area encompasses everything from registrations, development, licensing, infringements and unfair trade practices. Experience includes litigation of all types, from the Trademark Office to federal court actions fo~' ingingament action, including the prosecution and defense ofprelirninary injunctions. ~ - The firm has extensive experience in negotiating both magazine and book contracts coverin$ the following areas: publishing tights, printing, distribution, iicen~g and fulfillment. . Media - The firm can meet all need in this area, including, b'bel, slander, rights of privacy and publicity and all other First Amendment issues. Television and Film - The firm bas experience in development and production deals, as well as performance and location rights. Experience has included the clearance for production companies for copyright, trademark and location rights. Mr Beale frequently develops new approaches to issues and problems, advising clients and litigating on a national level, while remaining constantly aware of the client's desire to remain cost efficient in today's economy. EMPLOYMENT L~W PRACTICE David A. Beale believes the most effective way to handle employment law claims is through a preventive approach. This means that he will work with each client long before any claims arise. Ifa problem surfaces, litigation can be handled in a cost effective and professional manner. In today's business environment, companies are recognizing that it is essential for an experienced lawyer to draR and/or review employment policies, procedures and provide training to a~ supen/sory personnel. After extensive consulting with the client's Direaor of Human Resources, or other responsible individuals, in order to determine the problems and issues specific to each client, Mr. Beale will ensure that the client is prepared to handle the wide array of employment hw issues that may arise. These may include one or more of the following areas of employment law: *Hiring and evaluating employees *Supervisory eaining '. *Employment discrimination, and Title VIL ADEA, ADA *Employee personnel files ~nd rich! to * Job *Reduction in fofl~; re-ensineefin$ ~XT, ompetmtion & ~ ~.hedu~ *Employment ermination eEmployment ~tmctl & ~lreement~ "DruB testins *No smokin8 policies OAIDS His loss prevention and litigation skills are needed to serve your needs, and work with your Human Resources on a regular basis (daily, week]y, as required) to create a partnership. No employer should face today's employment law problems alone. David Beale will always be available to be your partner in problem solving. BOARD MEMBER APPLICATION Please type or print the followint information: I. La.~ame:: Name Middle lniti~ 2. Home Adch~ess:: ' Cit~ State Zip Code 3. Legal Residence City State Zip Code 4. Principal Bus~ness Address: ' City State Zip Code 6. What Board(s) are you interesxed in serv~g? 7. List all Ci~ Boards on which you are curr~n%l~ i~rving or have pre~iously r,~n, ed: (Plcm~e include d~tes)' ' 8. E, du~donal qualifi~fions: 9. Lis~ any related professional certifications and licenses which you hold: i O. Give your present'or most recent employer, and position: i I. Describe experience, skills or knowledge which qualify you to serve on this board: (Please attach a brief resume) I hereby certi~ that all the above statements are true, abd I agree an~f un#erstand that any CITY CLER spplication will remam on file in the Ci~ Clerk's Office for a period of 2 years from the date it was submitted. It will be the applicant's responsibility to ensure tha~ a current application is on file. Top pm~cin~ SenJot Loan Offioer SI 1 l~J~ion Jn clooed Joan flies yut,.to-dale. Loan ~les LIn~ord/ProperV ld~qer · b(enber, ~ ~'o~ egP. ml~m · Member, RooU Fes~v~ ~o~Ch~c Or~ CUmmimee · Mfmb~, ~ Park ~ PTA BOARD MEMBER APPLICATION 1993 -. Oap~.nsk! Stefan~e 2. Home'Address: City' Sr.~e Zip Cod~ 590 Lavers Circle I~235 Delray Beach ~ 33~ 5610276=~ 152 561-297-0035/ 561-302-0595 8ap~nsk~gfau. edu 561=297-2058 A~dab~e Hous~ng Advisory Co~ttee, C~un~ty seaeve~o~ent Agency, Do~to~ Development F~or~e Dept. o~ Xnsurance: Hea~th; L~fe and ~aT~ab~e Aeeu~ty X~cense ~11e ltvLn~ Ln Canada~ I se~ed as a member of the Board of DLrecCom of the lndependen L~v~ng Resource Centre and a member of the ~zket~ng and pubZ~c reZat~ons co~ttee of No~ Tb/s appijc~on wR1 ren~/n on f~e in the C~ Oerk's C~ce for a pe6od of 2 ye~s ~m ~ ~ it ~ submit~ h ~1 be the applicanx's ~i~y/~/~r~ *t~ a cm'rmt ~n is on Ele. mcn'vc~mxmo,om:~..~ ^no~ MAY 0 ! 2001 .~--'"'~- o"~o,, o/ :-' : ' "" CITY CLERK ' :' STEFANIE GAPINISKI SUMMARY OF QUALIFICATIONS · A spe~list itl publlc rtlalions, 13uzke~ slid cornm~tnJc~tio~ls, with e~ezieacc ill rnarketing story ideas to the new~ med~a ts ~ ts leadersEip development prognms to un~venities. EDUCATION Bonaventure Uain, mity PROFESSIONAL EXPERIENCE 1998 - preaent Flog& Atlantic Univmiry Boo Ratoa, FL C~rdinatar ~f Pttblit Ftmctt'onl, Dw~t~ ~. Stt~tttitIt Cdk~e ~Artt/].~tttrI · Responsible for the visitin~ schohr program, I~a.D. ~ _-,4,~;,lnfion, fundnising. 1992- 1998 Univeni~ ofl~rs,,;tobs 'W',,,,,',,l,eg, Lfl3 ~. /itt~n! Dintter, Gntn fln, H~A~ F_,d~i~;~ Rtudrt~ dft Dml~n~nt a Respon~ble for ~e ~-i~,go~ m.-~e~ ~d m*--~t of ~~ ~d~m~t p~s for 1992 Uaivmity of Y-,,;mba ~,r,,*,,'.,peg, MB ~xi~tant to the ~tt~ti~t Dincter, U#inni~y Rtl~tion~ · Seconded to hfldle spec~ ptojem as assigned by the President of the Univeflity ofl~tn~toba. 1984 - 1992 Univeflity of Manitoba bf~r~dtion, C~mm~niO, dd Mt&'d Rt/~tion: OJ~ttr INTERESTS AND ACTIVITIES Voluntee~ work in the Dominican Republic through Osphns~e Outreach; fimess; chglen~g my physical and menta] ab~ifcs by bungee jump~n~ and whhe wat= nf~ stain-ghss artistry; cooking and entcrt~tufl' g ACHIEVEMENTS Recipient of a Un~veniry of lXb~itoba Outreach Awud fo~ conm'butions to the cmnm-~T-a~-lu~ and for efforts to in=ease contacts between the uaivmiry and the general public. Appcinunent as d~e Province of Maaim~ media ]ia~on for the Canadi~ Governor Genen]'s 1992 CentenniAl C,~bndom. Fe. Howship recipient from the Coun~ for the Advancement and Support of Eduction District V, the only representative f3'om C. an~ch out of 10 zedpknts awzn:l~ the fellowsl~ip that ye~. Member, Ma:keing and Public Cammunications C_-~'-,,;ttee of the St. Boniface Generg Hospital Research Foundadon, Wi,,,,',Teg. Memb=, Board of Ditmon, Independent Living R~ou=e Cenm, Recipient of · $2,500 grant to continue vohn~ wodt in Dominimn Rzgublic orphanages in 2000. CllCLB dlHS* DELIA¥ BEACH, FL 33444 PAl $SI.HL~0S! * B-MAIL GAPINSKI~FAU.EDU Stefarde GapLnsld Stef~ie Gapinski is thc Coordinstoz of'Public Functions in the Dorothy F. S,'l,,.,,;dt Colle~ of'Arts a_nd Lerte_,s at Flodc~ Atlantic Unive. zsi~, wh~e she ad,~ini~ters the Ph.D. in Comparative Studies Pubhc Imellec~,~l~ program, oversees the visiting schohr pzogr~m, and is involved with fundraising for the Ph.D. program. A spe,-i,~;qt in public ze.~tions, ,~o-l~eting and c~m~fio~, Sm~ ~ h~ Ba~elm of ~ce ~om St. Bonaven~e U~~. A~ ~~ h~ de~ ~e mov~ m ~ wh~ she woz~ed ~ 20 y~ at ~e U~~ of M~tob~ bo~g ~dgo~ m~ ~ ~e ~go~ ~m~ ~d R~fions ~fic~; As~t to ~e ~e~e ~e~oz, U~ R~fiom ~o~ ~d ~e As~t ~ctoz, ~ue fox ~ ~u~6~ ~~ ~d ~~m~ Throughout her caxee~, Stefszie has re:dyed ms~y distinaiom. 5ha wss the n~pi,.,,t of a Uaivmit? of Manitoba Outreach Award for h~ contn-l~tions to the _,~,-a~unity.at.lmge sad fm hez effom to increase contacts be~een the univetxit? znd the gene. itl public. 5he also teceivecl · fellowship fi'om the Council foz the Ach, an'cemem and Suppon of F. xtucation Dislzict V, the ~ representative fzom Canada out of 10 recipients/~'a.rded the fellowship that yeas. In 1992, she was appointed as the Province of Ma·hobs media ' lin/son foz the Canadian Govemoz C, ene. taI's Centennial Celshzations. Stefanie believes in the knportance of giving back to one's com~,~,ity, and so she has volunteered her time for ozg, ni-,tions such ts the Boy Scouts of Can·ch, · hospital cance~ ~escarsh foundation, · food bank, and the independent living movement lot persons with di.~itities. Lately, her volunteer effom have focused on undez-ptivileged children in developing countzies. Since 1999, she has wotked st~ two orphanages in the Dominican Republic: The Hope of · Child Orpht~ge in Monteczisti and The Good Samaritan Orphanage in Espe.,znza. In Janmxy 2000, she zeceived · want to continue her volunteer work in D,-~i,-~a Republic orphanages. Stefanie's stzenl~hs lie in many ms: oz~e,i-ational ability, interpersontl communications, mazke~ and pubhc tehtions, and Enancig aptitude. She is · person with an "I snake it happen" attitude who has the ab'flit? 'to get d,lngs done." Plea~= t~ or pr~n~t th= fol]owin; information: [ 2. Hqm~d~css[' ~ / ~ I Ci~ . / [ State I Zip Code . I ~~ IZip~ .I 17. ListallCi~Bo~dson?ichff~u~cu~enfl~se;in~ha,ep,~,ousl~se~,d:(Pi~einclu,edales) hereby certify that a~ th b~n~ a~ tl~e a~ ~d ~ ~g~e and understand that any misst,~t of matd~rl~ication may cause forfeiture upon my part of ........... om the date it w~ su 'tted. It will be the applicant's J~.L~it~/']~ [~sure that a current application is on file. AUG 0 9 1999 CITY CLERK 105/26/1999 0E::~_5 5&12'/B0555 ]:,]~ CI-IAI~ER ,::;CII~II~RCE PAGE 11 JAY HASNER 7284 Via Panomat Boca Raton, Florida 33433 CASTLE FLORIDA BUILDING CORP. EXECUTIVE VICE PRESIDENT / SEC I TREAS Responaible for: · Residentm~/Commercial Division · Project Coordinetton · Management responsibility for overall operaUons PROFESSIONAL QUALIFICATIONS · Actively involved in building, development and real estate for 28 years · Engaged in product, on of single-family homes multi-family office building. shopping centers, land development and general real estate · Florida Certified Residential Contractor · Florida Licensed Real Estate Broker · Graduate Realtors Inst;tute · Member. Institute of Residential Marketing CIVIC I COMMUNITY INVOLVEMENT ·PB Land Development Regulabon CommUtes · Member. C~ty of Delray Beac.h Board of Construction Appeals · Member. Citizen Task Force Palm Beach County · Member, Palm Beach County Impact Fee Review Board. Palm Beach County · Member. Delray Beech Chamber of Commerce · Past Member, Palm Beach Gardens Comprehensive Land U~e Plan Committee · Past Member Palm Beach County Land Use Advisory Board · Past Member Palm Beach County Consumer Affairs Board · Member. Palm Beach County Cable Television Task Force INDUSTRY INVOLVEMENT GOLD COAST BUILDERS ASSOCIATION · President-1985 · Palm Beach County Bu,der of the Year- 1986 · Chairman, Governmental Affairs Committee FLORIDA HOME BUILDERS ASSOCIATION · Life D,rector · Cha,rman. Local Presidents Count, · Member, Legal Del'erisa Fund · Area Vice Pres~ent~1987 · Chairman, Membership Committee-1986 · Board of Directors-SEBC-1982-Present · Chairman. Warranty Advisory Committee ' · President, Florida Home Builders Warranty · Executive Committee-1983-1957 · Trustee, Chairman-1986-1987 a CommercJa! Self-Insurance Fund · D/rector Builders & Employees Mutual Insurance Company NATIONAL ASSOCIATION OF HOME BUILDERS · Board of Directors-1981-1995 RECEIVER · Court appointed for 45~ St. Shopping Center. West Palm Beach EDUCATION · Bachelor of Arts, Brooklyn College Brooklyn. New York · Graduate Study, Richmond College Staten Island. New York BOARD MEMBER APPLICATION 1993 Please type or print the JO]lowing information: 1./L~Namg: / . _-. 3. ~g~ ~esiaen&: ~ / St=e ~i~e 4. P~dp~ Bus.ess Address: ~ Stye Zip C~e 5. Home Phone: Bus.ess Phone: E-M~A~ -_ ~ Phone: F~: 6. Me you a re~,,red voter? Ifs e ~e you= 7. ~t Bo~d(s) ~e you ~t~ed ~ se~? Plebe ~ ~ or~r o~ pre{erence:- / g. Nu ~ ~ Bo=~ on ~Nch you =e ~en~ se~g or have pre~om~ s(~e& ~le=e ~clude ~tes) 9. Educafion~ q~fi~ons:__ lO. ~ ~y rdnt~ pr~ssion~ ~fions ~d ~censes w~ch you 11. Give yo~ p~se~or ~ost recent employer, ~d position: 12. Describe ~ences, s~s or ~owledge wN~ ~you to se~e on ~s bo~d: ~le~e anach a brief re~e) I here~Se~ ~ me ab~temen= =e t~~e~~r~=d m= my ~,~=ement of matefi~ con~~ ~2~ ~~ed~/~cad°~~~e ~ ~~appo~=ent I~ receive. J~7~~ / JUN 2 2 2001 ~/~/ sz~a~- / o~w~/' /- Note: This application will remain on fie in th City Clerk's Office for a period of 2 years from the date it was submitted. It will be the applicant's responsibility to ensure that a current application is on file. SXCITYCLERKkBOARD',APPLICATION Ivan Ladizinsl 1850 Homewood Blvd. #408 Delray Beach, FL 33445 (561) 266-9084 FAX 266-8827 ladizinsky@mindspring.corn A long and distinguished career in radio and television has given me valuable experience in management, advertising, promotion, marketing, copy writing, line produdng, post- production, created print and outdoor advertising, and total campaigns. I've prepared and controlled budgets, dealt with vendors and suppliers, and supervised personnel. As a consultant, I've advised small and large companies on their marketing position and image, internal communications, customer and client relations, and created sales promotion videos and collateral materials. Special Projects Coordinator Multi Media Productions (Boca Raton, FL) Assisted in the production of World Business Review with Alexander Haig. Coordina~ client fulfillment, programming and magazine distribution. Coached corporate clients for their television appearances. (1998 - 2001) General Manager Antelope Broadcasting Company (Lancaster, CA) Managed both AM and FM radio stations for the Antelope Broadcasting Company adjacent to the Los Angeles market. Developed all-sports format for AM and Modem Rock for FM. Prepared the stations for sale and identified the buyer, 3acor Broadcasting. The stations were sold to the owners benefit. (1993 - 1998) Ivan Ladizinsky & Associates (Los Angeles, CA) As a consultant, my clients ranged from advertising agencies to real estate developers, a sports gear manufacturer, a natural gas consortium, a commercial recording house, special effects-animation production company, the Academy of Motion Picture Arts & Sciences, and the Los Angeles Clinic: a community health facility. (1987-1993) Previous employment includes: WCAU Television (Philadelphia, PA), ABC News-Nightline (Los Angeles, CA, and Washington, DC), CBS TV Network (Los Angeles, CA), KTVU Television (Oakland, CA), KCBS NewsRadio (San Frandsco, CA.) Education: Pennsylvania State University, BA in Liberal Arts. Studied at the Alliance Francaise in Paris, France. Military service: Four years with USAF. Honors: Emmy Awards for news and sales promotion (California & Pennsylvania), Amedcan Advertising Federation, Clio Award, Ohio State 3ournalism Award, Writer's Guild, Pennsylvania Broadcaster's Golden Keysb~e. REFERENCES UPON REQUEST Ivan Ladi insky June 21, 2001 Patricia Warren Executive Assr C~ Clerk's Office 100 NW 1'~ Ave. Delmy Beach, FL l~ar Ms. Warren: Thank you so much for your response. I don't want to bore you with my effusive enthusiasm about Delmy Beach, but coming from Los Angeles three years ago and having lived in several major cities, this is the most welcome I've felt in a long time. Enclosed is my application along with an abbreviated version of my current resume, which m~.s~vers some of the questions, posed on your forrr~ I am a registered voter in Palm Beach County, I am a resident of Delmy Beach and plan to be one for many yea~ to come, and am now semi-retired. My recent employer has fallen on hard times and I am open ~ project based work or part-time employment In the meantime, I would be delighted to volunteer my services on behalf of the city. As I've ~old you, I have been a member of the Pineapple Grove Main Street Association since I arrived here and am a volunteer worker with Caring Kitchen: a food distribution center located off West Atbntic and supported by the Cason Church on Swinton. I am most interested in either the Communi~ Redevelopment Agency or the Downtown Development Authority. I know that the CRA has just reconfigumd the board with the addition of a representative ofthe West Atlantic community. I applaud that. If both of these commissions are now fully engaged, I would serve in any capacity the city deemed appropriate. In any case, I hope that the city or any of ~ agencies would feel free to take advantage of my marketing and promotional experience in heralding the advan~ges and enormous /kyappeal of Delmy Beach. Thanks again for your time and'interest in my application. · Schmidt, Mayor RECEIVED JUN 2 2 2001 CITY CLERK " ~ CITY OF DELRAY BEACH IIIIJ ,OARD MEMBER APPLICATION Please type or print the following information: 1. Last Name:: Name Middle Initial McGlotn Richard A 2. Home Address: City State Zip Code 2275 N Swin~on Ave Delray Beach FL 33444 3. Legal Residence City State Zip Code 4. Principal Business Address: City State Zip Code 5. Home Phone: 561-276-5468 Business Phone~61_274_6468 ] Fax: 6. What Board(s) are you interested in serving? '~. Lis! ali City Boards on which you are currently serving or have previously servext: (Please include dates) 8. Educational qualifications: 9. List any related professional certifications and licenses which you hold: 10. Give your present, or most r~ccnt employer, and position: Selg-~r~loyed ! l. Describe experiences, skills or knowledge which qualify you to serve on ~his board: (Please auach' a brief resume) ! hereby cert/5/that all the above statements are true, and 2' agree and under~tand that any misstatement of material facts contained in this application may cause forfeiture upon my part o._..>n~.._~y appointrnent I m_~¥ receive. RECEIVED /'// 4- I SIGNATURE ' DATE Gl'FY GLERK Note: This application will remain on file in the City Clerk's Office for a period of 2 years from the date it was submitted. It will be the applicant's responsibility to ensure that a current application is on file. S'~C iTYCLE. IMC~BOARD~PL I C A TlOh APPLICATION FOR CRA BOARD MEMBER RJch&-d McGloin #? Pineapple Grove lVhIn Street Board of Directors Oct. 1996 through Sept. 1999 Chairmen olAf·walk Committee - Oct. 1999 to Present Downtown MerchtnU and Business Association Board of'Directors - Jan 1 g~ to Present 1~6 CJt~ of Deb'ay Comprehensive Plan Review Co~m~uee for P&"ks and open spaces Se·crest Homeowners Association Board of'DiFectors - June 1992 through June 1~97 and April 2000 to Present Sou·bridle Homeowners Association Botrd ofDirectors - Jmmary 1997 through Jmmary 1998 Maybr's Tukforee For solutJom for the Atlantic ~ / Se·crest propert~ 1996 &1997 #11 My 30 year business career includes: Electrical Engineerin& Division VI) for C,-rey~ Corpormion and · success~l sma]l business owner. This varie~ ofpos~tions has given me excellent experience in imerfecing, supervising and creating · consensus with · broad runs· ofpeople. My term on the Bo·cd of Directors for Pineapple Grove IVhin Street was as Business Coordinator. I worked with the Program Manager (Tom Fleming & Lou Waldmann) and the other board members to run this orl~mizetion in · business like manner. This position required personal interface with the business and property owners within this district and many presentations to the City Co~mlssion and CRA board. In January 1999 the Downtown Merchants and Business Association was resm2ctured with many new bom'd members added I was invited to sit on this board due to my familiarity with the business issues in Defray both from · Pineapple Cn'ove viewpoim and as a propert~ owner on East Atlantic. My term has jusl been extended to January 2002. In 1 ~5 1 was a member to · comminee to review and suggest changes to the city comprehensive plan. John Johnson was the city ~taff member who chired this committee. In 1992 1 worked with Ms. Deborah Dowd to establish the Seacrut Homeowners Asaocittion, · voluntm'y membership neighborhood association. I have been actively involved in the "neighborhood plan" since it wa~ first conceived is a joint meeting with the city manager, the planning and zoninS director and several Se,~rest board members.. I have recently rejoined the Board of Directors. As a propen~ owner in the Woods of Southfidge I joined their Board of Directors at the time when it was imperative for the stability of that neighborhood to show property improvements. Part of'that project was working with the city on the plan to ch·age the streets fa'om private to city owned and add the improvements necessary to lax)mote this area as · strong viable neighborhood. After requests from the Seacrest Homeowners Association, Mayor Jay Alperin formed · task force that included city, county, Atlantic High and neighborhood members M search for · solution to the blighted property to·he west of Atlantic High School. This task force fommlated the"field house / Symn_-_*ium" concept and lobbied to make it become a reality. I made many presemafions to the city conunission, county commission and school board on behalf of this projeot. It is this combination ofbusiness and civic experience which make me well qualified to be · contributing member of the Delray Beach CRA Board of Directors. Jun 2~ O1 12: 1Sp Old School 0e.:29,'01 FRI 12'~e FAX $6i 243 3774 SRuare CITY CLERK 561-243-7018 BOARD MEMBER APPLICATION ~993 Please type or prin_~.u% foilo,~H.,~ information: 3. Leg~lResidence: G~ s~e Zip Co& "~. PrindB~ Business Ad.ss: G~ State ~p C~ 5. Home'hone' Busmes; ~sne~ol E-M~ A~ess. ' ..... ~ Phon=: F~ .... 'S. Li~ ~'~ ~& on w~& yo~e ~ndy~e~ or have pr~ se~e& 9. Edunfion~ ~c~on$: 10 List ~y related probssion~ cem~tio~ md licenses wM~u hold. I he.by c~ fla~ ~ ~c above ~z~enu ~e ~.$~fg ~m~d con--ed in ~s ~pheauon ~ ~ brf~m ~~~ ~okl~em sio~~ ~ ~ ~' JUN 2 9 2001 Note: This zpp~,c~ion -ill rt on file in thiJ:l~-~:.l~.~k~i~for, p~od of 2 y~, f~o~ ~e ~, it ~s mb~aed. It ~ be the appUc~t's respomib~W to ensue that a ~t apph~ion is on ~e. BOARD MEMBER APPLICATION Please followin~ informagom 1. I.~ Name ~ L 2. Hon,"~.~.~ _'. --. "~'~te Zip ~e ~ P~p~ B~ess ~ss: ~ ~ S~ ~p ~ 5. ~me Phbae: ' B~ess Phone: E-~ ASa.s: ~ Phon~ ~: lie ~'J m APR I 8 2001 Note~ ']"~, app]ica~on will remain on ~e ,i.n~,~., .,¢~r-..~,'l~O/~ for, p~ of 2 y~, ~om ~e a~,. ~ ~b~ Il ~ be ~e apple's r~o~~ ~e ~ a ~ applicon b on ~e. James M. O'Brien 1920 South Ocean Boulevard Unit # A Delmy Beach, Florida, 33483 ObJeceve: To utilize my experience in · rewarding Executive/Manageriel position in the field of Commercial Real Estate Menagement, Leasing and/or Marketing. Pm: Reel Estate Broker, Massachusetts Reel Estate ~alespemon, Flonde BO.MA. Past President, ~outh Florida Chapter Residence Telephone #: (561) 276-3700 Cellular Telephone #: (561) 441-1774 Education: Milton Academy, Milton, Messachusetts Trinity College, Hartford, Connecticut BA History Profee~iorml 81dlle: · Over thirty (30) yeers of hande.on experience in Property Management, Leesing, Marketing and Tenant Improvement Construction Coordination in the Northeast and FIoride markets. · Pdmary focus on Office, Industriel, Retail and Mixed-Use properties. · The menagement of asset portfolios with · divec~ified product type and quelity. · The management end eupervision of fee managem and leasing personnel as well Is directly employed managers and teesing agents. · The development and implementation of Is~t mdevelopmant and enhancement programs. · The development end implementation of investment plens and ~ on-going management of investment and operating budgets. Profeaelonal Experience: lf~g.Pmeant M.O.R. Properbj Menagement Executive Vice- President Delmy Beach, Florida 33483 11S8-1~ bechPlece, Oefleral Manaoer Fort Lauderdale, FIorlde Responsibilities included the overall day-to-day management of a 100,000 ~quera foot Entertainment Center with an atteched 800 car Perking Facility and a 400 room Merriott Vacation Club International. Primary functions included the fostering of atrong Tenant relations as well as the retention of desirable Tenants compatible with the Entertainment Center concept. Additional responsibilities extended to the production of meximum net revenues, cost control and analysis of the operating atatements to enhance ways to trnpmve on revenues and control of costs. Oversee the internal eccounting, marketing, aecurity, janitorial and genaml maintenance of the Center. 1~g6-1998 Codina R.a! Eststa Manaprnord, Inc., Vic~Primident Coral Gable6. Flodda Responsibilities inctuded the management of en existJng portfolio of Commercial Real Estate properties, Investment Sales; Syndication of New Partnerships and coorclinatJng fl'm formation of new Joint Venture projects for the Codina Group and ~ affiliates. PFK Realty S.~dcea, Inc., Partner Fort Laudemlale, Florida Director of Management, Leasing and I~rketing for PFK Realty Services, Inc. (Please ~ea ~tached Curriculum Vitae). Additional responsibilities also extended to Management of Tenant Improvement Construction for the Company. 1~80-198S Am~canTec. tonica~4uthe~t, Vioe.Pru~iclent Be, cern, Florida Director of Management, Leasing and Marketing lervices. Responsibilities included the management, leasing and marketing activities for a regional Commercial Real Estate developer in South Florida with over 1,000,000 m:luare feet of Commercial ~oace either existing or under construction. Additional responsibilities included the long-range planning for the management, leasing and marketing of future Commercial. Industrial & Retail Developments, as well as lhe oversight of all Tenant Improvement Construction projects. Johnstown An'~rl~n Companlea I Coneolidat~ Capital Vice-Pr~ldent Atlanta, Georgia Director of Management, Leasing end Marketing and Tenant Improvement Construction, Boston, Massachusetts regional office. Responsibilities included over 1,000,000 ~luare feet of Office I Retail ~pace located in Massachusetts, Tanneseee, Connecticut, Michigan and Georgia. CITY OF DELRAY BEACH BOARD MEMBER APPLICATION 199:1 Pl~e type or pzL~tthe following. infonm:io~. L~ Nam: Name , I S. ~ ~: ~u~ P~: I E-~ ~: 6. Are you a registered Educatlcag qudifimiom: 10. List my related professionfl, certificazioas and licm~ whi&you ~ld: -11. Give your present, or most re'ut employer, m:l potion: 12. De~be ~tperimr~, ~ or ~ wMr. h q,~a;~,you to ~ve oa dais board; (P~.~e ~,,,.I, a ~ re. gu~) s'~~ h w~I be the applica~'$ responsibility to ensure tha: JEFFREY SILBERSTEIN, PRIN~ EDUCATION: Pratt Institute and Clark University, Architectural Degree Harv~d University Graduate School of Design, June, 1989 Harvard University Graduate School of Design, July, 1996 CERTIFICATION: Registered Architect: Florida EXPERIENCE: Silberstein Architects was founded in 1990. We are a small furn with a reputation for innovative design and delivering projects within budge~ and on schedule. This is evident as we continue to work with repeat clients and referrals generated by our reputation. Our success evolves as we assist clients in defining project goals well before suggesting solutions, a process that creates a full understanding of objectives before uansfomation into reality. As principal of the firm, Jeffrey Silberstein is widely recognized for his design achievements. Whether a large institutional complex or a small interior renovation, Mr. Silberstein's designs are rich and simple. Jeffrey Silberstein's commitment to quality and his patience in achieving the best possible designs are evident in the many awards he has · won. His solutions, which se'em obvious and simple, are the result of diligent effort. .*Mr. Silberstein has practiced architecture, both nationally and internationally for over 20 · years with a list of pr .or_ninen! architectural firms and projecu to his credit. He has been associated with many building ~ypes, including educ~ional facilities, office buildings, interior office and residential renovations, musem~s, art galleries, religious facilities, residences, mixed - use developments and commercial projects. The American Institute of Architects h~ts singled several of these commissions out for special honors. Mr. Silberstein ha~ served as, a guest writer for the Hartford ~ Conservancy and The Palm Beach Post, a critic member ofthe Works of Art Committee of the Boca Raton Museum of Art, a member of Junior Achievement and on the Boca Raton Community Redevelopment Agency Task Force on The Grace Commission. LIST OF PROZEC'FS: Boca l~tou Community High School, Science Addition ~nd lVlzster Plan, Boca Faton, Fl. AIA Award for excellence in Design Florida Athntic University, College of Education, Boca P,~on, Fl. l/unt Elementary School, Coral Springs, Fl. i/arid'Conservatory, Boca Raton, Fi. Temple Lsr~el Early Childhood, West Palm Beach, Fl. Ali - Star Academy & Sports Camp, DeL, ay Beach, Fl. Temple Bet Eme! Early Childhood and Grades 1,2 &3, Cooper City, Fl. MUSEUMS: Museum of Modern Art, Seoul, South Korea. AIA Award for Excellence in lksign. Tbe Gallery Center, Boca Raton, Fl. Morik~mi Museum, Delray Beach, Fl. SPECIALTY PROJECTS: West Regional Courthouse, Plantation, Fl. B'nai Torah Congregation, Boca Raton, Fl. Temple Israel, West Palm Beach, Fl. Boca Raton Mausoleum, Boca Raton, Fl. Temple Bet Erect, Cooper City, Fl. ( Current ) Temple Israel, West Palm Beach, Fl. (Current) LIST OF PROJECTS: OFFICE BUILDINGS: Bank of Nova Scotia, Cm-aeao, Netherlands Antilles Presidential Circle, HoJJywood, FI. Winner of many design awards. Trammel Crow Corporate Headquarters, Boca gatort, FI. WJM~K Studio~, Boca Raton, FI. AIA Award for Exeellenee in Design. NCNB Bank, Boca Raton, Fl. Over $00,000.00 square of office space planning for Henderson Mental Health Center, WR Grace, Trammel Crow, Gampc] Organization, Panther Realty, and other corporate clients. Spectrum Office Park: Two Phase 45,000 s.f Office Building, F! Lauderdale, Fl. Sirs Inc., DeL-ay Bea¢l% Fl. Silberstein Architects, Deb'ay Beach, Fl. AIA Award for £xcellenee in Design, 2000. : COM MERCIAL/RETAIL PROJECTS: . Hertz Service and Rema! Facility, Windsor Locks, Connecticut. AIA Award Boca Valley Shopping Center, Boca Raton, FI. Key West Espresso & ice Cream, Key West, Fl. Llttman Jewelers, Bonaire, Netherlands Antilles. Lfttman's At The Plaza, Bonaire, Netherlands Antilles Lfttman's, Bonaire, Netherlands Antilles Peppercorn's Cafe, Key West, Fl. LIST OF PROJECTS: HOTELS & RESORTS: Paradise Village Tulip Hotel, Curacao, Netherlands Antilles The l:lamiet Resort, Bonaire, Netherlands Antilles Avlla Beach Resort, Curacao, Netherlands Antilles MIXED USE PROJECTS: Union Station, Hartford, Connecticm Pineapple Place, DeL'ay Beach, Fl. One Young Circle Condominium Tower, Hollywood Beach, Fl. Sirs Office and Retail Complex, Delray Beach, Fl. INT£RIOR ARCHITECTURE: Becket Residence, Bo~a Raton, Fl. A.LA. Award 1999 Foght Residence, Bo,'ire Netherlands Antilles. A. LA Award 1997 Agardy Residence, Boca gaton, Fl. Katzev Residence, Bonaire, Netherlands Antilles Green Residenee, Boca R~ton, Florida Simon & Simon L~w Offices, Delray Beach, Florida WJMK Studios, Boca Raton, Fl. AIA Award for EzeelJenee in Design. l,l~l' OF PROJ'EC'I~: I~SID£NTIAL: NatioKal Custom Homes: Custom Homes WyclifT Country Club: Custom Homes Governor's Walk, Deb-ay Beach, Fl. ( ~t ) Neal's Market, Delray Beach, FI. ( Current ) Clark Residence, Les Jardins, Boca Raton, Fl. Hakkenberg Residence, Bonaire, Netherlands Antilles Featured in Caribbean World Magazine Foght Residence 1, Bonaire, Netherlands Antilles ALt. Award of Honor For Design Fogbt Residence ri, Chicago, Illinois ( Cra'rent ) Richman Residence, Deira~, Beach, Florida LJttman Residence, Bonaire, Netherlands Antilles Katzev Residence, Bc~aire, Netherlands Antilles Gardenia Place Tow~house Community, Lauderda]e By The Sea, Fi. One Young Circle Condominium Tower, Hollywood Beach, FI. Andrews Residence, ~ Ridge, Florida Andrew's Residence II, Orxan Ridge, Florida ( ~t ) TJcktin Residence, Ft. Laud~daJe, FI. (CmTent) SchlJcht Residence, Boca gaton, FI. (current) LIST OF RESID£NTIAL PROJECTS CONTINT~D RESIDENTIAL: L.tssJter Residence, Bonaire, Netherlands Antilles Batman Residence, Bonaire, Netherlands Antilles £pstei~ Residence, %Veston, Florida Green Residence, Boea P,~on, Florida Pineapple Place, DeL-dy Beach, Florida Schmier Residence, Delre¥ Beach, Florida (current) Caribbean Blue Condominiums, Boneire, Nethcrhncis Antilles ( Current ) ~lJJ JI~ CITY OF DELRAY BEACH ('~2~ ' BOARD MEMBER APPLICATION ktform~on: 2." Hom~ Address: Ci~. St~.~ Zip ~,4 ~,.a I~ ~'T ,_ 4. P~ ~ss Ad&~s: ~_ ~ Zip ~e ~. Ed~ca~ qt~c~tion~: . ~'. ~'my rate,i profe.ioml ~~ ~ ~mses w~iyou holt 10. ~ve yo~ presdkt, ~ ~st ~, ~pl~, and 11. D~e ~mce~, ~, ~ ~o~dg[ ~ q~ you ~ ~ on ~ b~& ~1~ a~& a brief ~e) mhmined, h wx]l be the app]/can~ ~ibNbJ~tl~n.mre that a curreat appl/cxt/on ~=~,c~v,~f~fle~.+.~,.u.,a,,,,c.,,,o,' FEB 2 3 2001 CITY CLERK {' EDUCATION iL Mkhd SimoB Jr. 314 Northwest 16th Street, Deb'ny Bench, Florida 33444 w,,, (S6]) 279.4)S06 Cell (S61) S73-89SS Stetson Unfverdty. Delm~ FL Bnehebr of Am - 1987 Sock,loaF PROFESSIONAL EXP~r~NC'~ TmurblJo & Company Rea] ~ Delray Beac~ FL July 2000 - Prm~ ]t~r~, hies, marketin8 sod re~uaflat~on of ruidenthl and eo~,~ercJal properties in the Delray Beach, S50,000. Respons~le for pricing, madcet ahab, sis, ~lvertising and sales of l:ropcny for SeHh%~ clients m well m JC DeNiro Inumatiotal Realty, Delrsy Bench. FL July 1999 - July 2000 ]tfarMr Sties. marketing and reprucna~on of rcsid~tial and mnmercial lX~q~flies in ~he Delrry Be~h, GuJfgU. ea~ Ocean Ridge, Manalapan, Boynton Beach and Boca Raton areas ranging in value ~om S29,000,000 - $0,000. Respons~lc for pricing, market malysis, advmising and sales of propen'y for Se11~nE cUents as well as Buyer rgp~on dur~ puntam. bvmtment Equi~ Construction, Manalapan FL July 1999. February 2000 Ma;'Aer/J~r Dl;,ecMr Responsible for crugon and ~. lementation ofaU madteting maleriab and sales of over 60 million dollars in properties for _c,e~_ nf~ont Developer Frank MclClr, ney and JC DeNiro Xntemational Real Estate. Duties included production of the ooml~ny's web*s~ and nil printed ndvm~ising, as well m acting u Realtor and repruen~ve for all available properties CfU of Delray Beach, Delray Bm~ FL October 1998-July 1999 .4~or~eHombf.4~r A~on of all Fede~ State ami City homoowner purchase annual r~*por~g. Management of contracu and agreements associated with ~he City's housing programs. Coordinate partnenhips with local governments, lending ibfitdtiom, non-profit agencies and ~. Attend community and C~ or Delrty Beach, Delray lk~h. FL October 1996 - September 1998 ,4cr~ng¢omman~ Dd'Me~VsM~..C4M~dJA~r~ Served as Division Head rupom~le for management, c~xtq~c,~, planning, budgeting, implementation nd ~ for all FMeral, Sta~ and City grunt programs. Administr~ of grants focusing on homeb~er purchase, housing r~habflitation, t]l.~l~'M~commll~ pfoj~"t[ and .k, cial service organization grant monitoring. Fostered pm'tnership relations with lending ~ons, non-profit agencies, R~I~ and title companies within perimeters ofprogram goals. Attended community and board me~ugs A'~,r~ ~ P,~spoml*bl¢ for the overall bh.,qemmtafioo, eUg2*bil~ and managm~nt of the Stat~ SI4~P Progrun alon~ with asstsfin~ in the p~,,,G,,_~, coordination end maflcetin~ of all othe~ housin~ prosrun mivity Domma Corers. tom Inc., Delray Besch, FL Octob~ 1992- ~ 1995 for commen:ial and resid~thl geaggal oonUatning fifth. Admlnisu~on of bus~ dom~s~c and international financi&l m:~nmts. Project Supmn, isor of local retaiVofl3c~ center and Rmidgnfial Consm2ction Fi¢ld IIOARO M£MBI~R APPLICATIOI~I 1993 Please type or print the followinE inform~on: y v i~ d e~ ~ State Zip Code 2. Home^aaress: t~'~ B M~ ~ ~e/~y ~e~e~ ~ ~. 3. ~g~ Resi&n~: ~ Stye Zip ~e 4. P~ap~ BusMess A~ess: ~ Stye Zip ~e 5. Home Phone: Bus.ess Phone: E-M~ A~ess: ~ Phone: F=: Z~I- ~ 6C. 07qq ~ ; 6. ~e you a re~er~ voter~~~~ ~ I{ so, where ~e you re~er~ 10. ~ ~y rel~t~ profession~ ~fimdons ~d ~nses w~ch you hold: . 11. Give Zoz present, or most re~t employer, md posi~on: ~on~~~~s ~pp~on ~ ~ [oN~i~u[o~p~ ~ ~y ap~m I ~ s~~ OITY OLERK g~ [ Note: This application will remain on file in the City Clerk's Office for a period of 2 years from the date it was submitted. It will be the applicant's responsibility to ensure that a current application is on file. .~C IT YCL~,J(.~J~OARD~J~PL lC ATION Jean Sylvia 1050 B North Dr. Delray Beach, Florida 33445 ( 561 ) 265-0799 Birth Date 11/8/40 Sex Female Occupation Retired Widow Brief Background History Big Chief Lewis Real Estate Sunrise Highway Massapequa, N.Y. 1966-1972 Position: Salesperson By Lou Real Estate 4905 Sunrise Highway Massapequa, N.Y. 1972-1979 Position: Owner/Broker Treasury Hotel/Casino Flamingo Rd. Las Vegas, Nv. Position: Dealer 1979-1982 Alladin Hotel/Casino Las Vegas Blvd. Las Vegas, Nv. Position: Dealer 1982-1985 Riviera Hotel/Casino Las Vegas, Nv. Position: Floorperson 1985-1999 Secura Electric Contracting Las Vegas, Nv. Position: President 1986-1992 Secura General Contracting Secura Wholesale Las Vegas, Nv. Las Vegas, Nv. 1985-1992 1985-1992 Position: President President I took a leave from the casino ~naustr~ fo~ a few years to get actively involved in the family construct]on businesses, we alG born residential and commercial business. Memberships 1991-1979, Nassau County Democratic club, District Lea~er: was actively involved in local, state and national elections 1968, founded, Massapequa against Drugs, a wal~-ln Grug ceunceling center. 1970-1979, Massapequa Chamber of Commerce 1966-1979, Long IslAND Board of Real~ors would be happy to supply more information if you nee~ lt. MEMORANDUM TO: FROM: SUBJECT: MAYOR AND CITY COMMISSIONERS CITY MANAGER ~a/[ AGENDA ITEM ~- REGULAR MEETING OF JULY 10, 2001 APPOINTMENTS TO THE NUISANCE ABATEMENT BOARD DATE: JULY 6, 2001 The Nuisance Abatement Board was estabhshed by Ordinance No. 5%96 on January 21, 1997, for the purpose of hearing evidence related to the existence of certain pubhc nuisance on prermses located in the City. The board consists of five regular members and two alternate members. Members shah be residents of, own property, own a business or be an officer, &rector or manager of a business located within the City, and are appointed by an affirmauve vote of at least four members of the City Comrmssion. Tbas Board has not met since June 1998, however we have been reformed that a case is pending. The term for Russell Jennings, Shirley Johnson and Daryl Nathanson (regular members) and Vera Scott (alternate member) on the Ntusance Abatement Board expired on March 31, 2001. N. Jean Hemly-Bainer, regular member, with term ending March 31, 2002, was appointed to the Code Enforcement Board m January 2001. Edward Ostrowski, Jr.. (alternate member) was appointed as a regular member on March 21, 2000. Therefore thts leaves a vacancy for four regular members and two alternate members. Mr. Daryl Nathanson has served two full terms and is not ehgible for reappomtment. Mr. Jennings and Ms. Scott are both ehgable for reappomtment and would hke to be considered. The following have submitted applicauons and would hke to be considered for appointment: Marilyn Alford Evelyn Dobson Robert Gfllesple Barbara Holden Russell Jennmgs (recumbent - regular) Arus Johnson John Miller, Jr. A1 Nathanson Janet Patrick Jose Ramirez Donna Russo Vera Scott (recumbent - alternate) Albert Tyson A check to confirm that all are regastered voters was completed, all were registered with the excepuon of A1 Nathanson. Also, a check for code vlolanons and/or municipal hens was conducted. None were found. Based on the rotauon system, the appointment of the four regular members will be made by Commissioner Levlnson (Seat #3), Commissioner McCarthy (Seat #4), Mayor Schrmdt (Seat #5), Cornrmssloner Perlman (Seat #1), and the appointment of the two alternate members be made by Comrmssloner Archer (Seat #2) and Comrmsmoner Levmson (Seat #3) respectively. Recommend appointment of three regular members with term ending March 31, 2003 and one regular member to fill an unexpired term ending March 31, 2002. Also recommend the appointment of two alternate members with term ending March 31, 2003. boardcomm~smnmcmo nab 711) O1 [ITY OF DELAI::IY BEI:I£H DELRAY BEACH AII-AmericaCity ~une 21, 2001 1993 100 N.W. lstAVENUE DELRAY BEACH, FLORIDA 33444 561/243-7000 Mayor David Schmidt Barbara Garito, Acting City Clerk City of Delray Beach 100 N.W. 1st Avenue Delray Beach, Florida 33444 Dear Mayor and City Clerk: Since I will be out of the country during the City Commission Meeting scheduled for July 10, 2001, I am forwarding this letter with my recommendation and nomination for an appointment to the Nuisance Abatement Board. I recommend the appointment of Robert A. Gillespie, as a regular member to fill a vacancy with the term ending March 31, 2003 as he has expressed the desire to serve. My purpose in forwarding this nomination in writing during my absence is to avoid a lapse in membership and participation on the Nuisance Abatement Board due to postponement on my behalf. Would you please read this letter into the Commission record, and if the Commissioners so desire, accept my nomination and proceed accordingly. cc: David Harden, City Manager U:RANGEL/LEVINSON Nuisance Abatement Board Appointment Printed on Recycled Paper THE EFFORT ALWAYS MATTERS [lTV OF DELRI:i¥ BEfl[H Ail-America City ~June 21,2001 100 N.W. 1st AVENUE 1993 DELRAY BEACH, FLORIDA 33444 - 561/243-7000 Mayor David Schmidt Barbara Garito, Acting City Clerk City of Delray Beach 100 N.W. 1 st Avenue Delray Beach, Florida 33444 Dear Mayor and City Clerk: Since I will be out of the country during the City Commission Meeting scheduled for July 10, 2001, I am forwarding this letter with my recommendation and nomination for an appointment to the Nuisance Abatement Board. I recommend the appointment of Vera M. Scott as an alternate to fill a vacancy with the term ending March 31, 2003 as she has expressed the desire to serve. My purpose in forwarding this nomination in writing during my absence is to avoid a lapse in membership and participation on the Nuisance Abatement Board due to postponement on my behalf. Would you please read this letter into the Commission record, and if the Commissioners so desire, accept my nomination and proceed accordingly. J~o.n{ L~"~ixn~n on~issioner cc: David Harden, City Manager U:RANGEL/LEVINSON Nuisance Abatement Board Appointment THE EFFORT ALWAYS MATTERS Printed on Recycled Paper ~ BOARD MEMBER APPLICATION L~ Nam~ 1. Name . ~L I. R/fo g mara £. 2. Home Address:~, State Zip Code 3. Legal Residence:City / State Zip Coae 4. Principal Business Address: City State Zip Code Iq / 5. Home Phone: Business Phone: E Mail Address / CA1 Phone: Fax: ' ' : If so, where are you registered? ~q_ 6. Are you, registerecl voter? 7. WI-at Board(s) are you interested in serving? Please llst in order o{ pre{erence: ' ~, ltuisance ~batement Board S. List ~11 C-,iV Boards on which you ~re c~,ren~ serv~ or l~,e previously serve& (please inducie a~s) 9. Educational 10. List any re.]at~ professional certificatioi~a6d licenses which you hold: 11. Give your pre~ent, or most recent ~'nployer, and po,ition: 12. Describe experiences, skills or knowledge ~hich q,,dlfyydu to serve-gn this boar& (Please attach a brie£ resume) I hereby certify that all the above statements~ true, and I agree and udderstand that any misstatement o{ material facts contained in this application may cause {or{eitu~~~ appointment I may receive. // - JUl 0 2 2001 'SlGNATUI~ 1993 Please type or print the following informatiom : This application win remain on file in ~] ¢,i~/~[~ce for a period of 2 years {rom the date it was submitted. It will be the applicant's responsibility to ensure that a current application is on file. ~riITY~$OARD~PPLICATION BOARD MEMBER APPLICATION 1993 Nor, a: Th~ ~.pp],k~t~n ~ ~ on f~ I ~ ~ 2 ~ ~ ~ ~ ~ ~ m:kmlrred, h *~'[] be t~ ~:x3],k:a,z~s Z~'DO,~3~L'YtO aG~.m ~ m ctmz~ sP9~ is on EVELYN S. DOBSON · If~l~ ~itlambest~~~~on~teCRA upon many faclom, Including my currant k~v~ wWh a I~ IVenagement ~y ~ ~ ~ ~n, ~. ~~ ~~, ~~ ~, ~. ~my ~mCFO, l~my~~~~l~~ e~e-~ ~ ~ ~. ~ ~ ~ ~, ~ ~'s ~ · H~d~ my~~mt~ ~~ ~, ~ DELRAY BEACH -ii-[i"I :- CITY OF DELRAY BEACH 11'® BOARD MEMBER APPLICATION 1993 Please type or print the following information: 1. Last Name:: Name Middle Initial GILLESPIE ROBERT A. 2. Home Address: City State Zip Code 460 SHERWOOD FOREST DR DELRAY BEACH FL. 33445 3. Legal Residence City State Zip Code 460 SHERWOOD FOREST DR. DELRAY BEACH FL. 33445 4. Principal Business Address: City State Zip Code 1008 E. ATLANTIC AVE. DELRAY BEACH FL. 33483 5. Home Phone:561_638_8697 Business Pho~-,~ei_278_2628 ] Fa~1_278_8688 6. What Board(s) are you interested in serving? NUISANCE ABATEMENT BOARD ?. List all City Boards on which you are currently serving or have previously served: (Please include dates) NONE 8. Educational qualifications: ."-' ATTENDED 2 YEARS COLLEGE - DICKINSON COLLEGE, CARLISLE, PA. 9. List any related professional certifications and licenses which you hold: REAL ESTATE BROKERS LICENSE 10. Give your present, or most recent employer, and position: GRINGLE ~ DOHERTY & WHEAT, INC. BROKER-SALESPERSON 1 I. Describe experiences, skills or knowledge which qualify you to serve on this board: (Please at~ach a brief resume) 5 Years experience in Real Estate. Many years experience with the Public. See brief Resume attached. I hereby certify that all the above statements are true, and I agree and understand that any misstatement of, ma. terial facts co~~. ~l~.~plication may cause forfeiture upon my part SIGNATURE '~ CITY CLERK DATE te: This application will remain on file in the City Clerk's Office for a period of 2 years from the date it was submitted. It will be the applicant's responsibility to ensure that a current application is on file. S\CITYCLERK~BOARD APPLICATION ROBERT A. GILLESPIE Broker Associate/Realtor :~ ~ ATLA~m¢ AVE~Ut LeAr XCH. ?LOmDA ~:~ ~.~t OFFICE (561) 278-2628 EXT 107 (8OO) 448-1878 FAX 1'561) 278-,?)88 EVENING (561) 638-8697 Robert A. Gillespie 460 Sherwood Forest Dr. Delray Beach, Florida 33445 561-638-8697 Office 561-278-2628 Late 1994 1 temporarily relocated to Highland Beach from the Philadelphia, PA area until I found a permanent place to live Last year I moved to Sherwood Forest and at, er settling in found that I wanted to help in the community. Below you will find a Brief resume 1953 - 1972 Employed in the Investment industry in Philadelphia and Los Angeles, California in various position These progressed from Cashier, Department Manager and Sales to Operations Manager and an officer of a member New York Stock Exchange firm 1972 - 1994 Worked in the Automobile profession starting in Sales and leading to Finance Manager, Sales Manager and General Manager of Import and Domestic Dealerships January 1996 to present as a Sales Associate with G-tingle, Doherty & Wheat, Inc Realtors in Defray Beach Although I obtained my Real Estate Brokers license I still remain as a Broker Salesperson with the firm. 03/02/01 09:05 FAX 5612764748 HOLDEN 03/01/0~ THU'00:2g FAX ~61 243 37?4 CITY CLERK CITY OF DELRAY BEACH BOARD MEMBER APPLICATION 001 I%l.t Ple~ze wp_e ,or prior =he following inforrn~orc Stare Ziv Code Zip CoHe C_.it'y State Zip Code 5. I~om¢ 'Phone: . _ ( Business Phone: ~E-Mai]~:. ' ..-. . I Fax: _ . 6. ~o~d(,) o ' ~e~i~s ' g, ' .... ~' " ' 10. G{ve y~nar ~.~esent,~or most z'=c~t emI=loym', and po$itiom submitted, It will be ~h¢ applicant's rcsponmbility to ensu~ ttzar a mt applicamon u on fie. RECEIVED MAR 0 2 2001 CITY CLERK 03/01/01 09:43 T X/I~X NO.2451 P.O01 I FROH : O00000000000000P~O PHOI IE I I0. : 880080080 Haw. D~LR,4¥ BEACH CITY OF DELRAY BEACH BOARD MEMBER APPLICATION 2081 12: IOPH P2 ?lea.~ ~e or p~ the followi~ i=fonn~ow. 1. L~ ~. ~A~ Q~n~ ..... zi~ c,:,,~ Zip C<xte '5~Z103 List all ~ty Boar& ou which yo~ ~'e ~ ~,'viag or l:~,e pr~vious~ ser~-e& (Ple=~ incha& ~) 12. D~¢.rib, N~= RECEIVED FlAY 3 1 2001 CITY CLERK BOARD MEMBER APPLICATION 1993 Please type or print the following information: ~ Name~ .----c_ M.I. 2. Home Address: ' ~.,~'~..~e.' ~/ ~::~ Z ipCode 3. Legal Residence: .... State Zip Code 4. Prindpal Business Address: City State Zip Code $. Home ?h~ne: Business Phone: E-~ A.d~ess: / Cell Phone: F~: 6. Are you a registered voter? L~. f" If so, where are yOU registered? ~o/ 7. What Board(s) are you intere~ed in serving? Please list in order of preference: lqufaance Abatement Board 8. List all City Boards on which you are currently serving or have previously served: (Please include dates) 9. Educational qualifications: 10. List any related professional certifications and licenses which you hold: 11. Gi~e Yqw present, or most recent employer, and position: I hereby certify that all the above statement~a~~ Jtag~ and understand that any misstatement of material facts contained in this. application~may cause fo~~aVy~alt-6f any appointment I may receive. 'SIGlq'ATURE - "' ' DATE .~lote: This application will remain o~ .5 i's Office for a period of 2 years from the date it was submitted. It will be the applicant's responsibility to ensure that a current application is on file. S'~C ITY CLERK'~BO ARD",AP PLI CATION AII-AmmtcaCity BOARD MEMBER APPLICATION 1993 Please type or print the following information: 2. Home Ad&ess: Stye. Zip Code 3. ~g~ Residence: G~ ~ State Zip Code 4. P~cip~ Bus'ess Ad&ess: ~ State Zip Code 5. Home Pfione: Bus'ess Phone: E-M~ Ad&ess: ~U Phone: F~: 6. Me you a reg~ered voter? , ~ If so, where ~e you re~stered?~ - · d 7. ~at Bo~d(s) ~e you ~tere~ed m se~g? Please ~ ~ order of preference: , ~/~ ~ 8. ~ ~ CxW Bo~ on w~ch you ~e ~en~ se~Mg or have pre~ous~ seined: ele~e ~clude ~tes) 9. Educadon~ q~cadons: . 10. Li~'~y re~ated prof~s~onM ce~ificatigns ~d ~censes wMch you hold: 11. Give yo~ present, or most recent e~ployer, ~d position: 12. Describe expe~ences, s~s or ~owledge w~ch q~you to se~e on t~s bo~d: ~lease a=ach a brief re~e) I hereby ~ &at ~ &e above ~atements ~e tree, ~d I a~ree md ~der~md &~r my ~sstaremenr of m~re~ f~cts Note: i~iTV t~1 CCIl~ This application will remain on file in'tar~e'C~ty'~l~r'Ii's'O'ffice for a period of 2 years from the date it was submitted. It will be the applicant's responsibility to ensure that a current application is on file. S\C[TYCLERKkBOARDXAPPLIC ATION John E. Miller, Jr. 282 Sherwood Forest Drive Delray Beach, Florida 33445 (561)865-9483 2000 to Present 1995 to 2000 1992 - 1995 1986 - 1993 EDUCATION BUSINESS/CIVIC CORPORATE EXPRESS, A Buhrmann Company, Deerfield Beach., Florida Furniture Sales Manager/South Florida Division Responsible for thc recruitment, training, and sales volume of outside sales representatives w~th a focus on prospect development and market penetration. Assist design and operations in strategic planmng and help to leverage our separate business units to increase market share. FREEDMAN'S OFFICE FURNITURE, Tampa, Florida General Manager, January 1998 to Present Provide training, leadership and decision making responsibilities in both the sales and operational aspects of a high volume, m~d-market office furniture dealership. Oversee customer service, dehvery and installation, inventory control and merchandising functions as well as provide the sales staff w~th training m sales techniques, product information, negotiating, and profit optimization. Outside Sales Manager, April 1997 to January 1998 Accountable for the recruitment, training, and sales volume of outside sales force with a focus on lead generation and new business development. Sales Representative, October 1995 to March 1997 Identified and qualified potential clients and assisted them through the sales process by utilizing my product knowledge, communication skills, space planning experience, and problem solving abilities. AARON RENTS, INC. Store Manager, Clearwater, Florida, October 1994 to September 1995 Store Manager, Pembroke Park, Florida, August 1993 to September 1994 Assistant Manager, West Palm Beach, Florida, June 1992 to July 1993 Responsible for all operations and revenues of two Aaron Rents, Inc. profit centers and assisted in the operation of a third. Duties included personnel decisions, accounting, customer relations, maintenance, sales and marketing, A/R and A/P, and budgeting. MII.LER'S SIGNS AND DESIGNS, Delray Beach, Florida Owner, 1986 to 1993 Worked during college as a free-lance commercial artist specializing in sign painting and calligraphy. Also experienced in logo design and illustration. Florida State University, Tallahassee, Florida Bachelor of Science, Marketing/Sales Management, 1991 Progressive Residents of Delray, The Broward Alliance/Business Development Committee, Ft. Lauderdale Chamber of Commerce, Coastal Conservation Association, Florida State University Alumm Association June 21, 2001 John E. Miller, Jr. 282 Sherwood Forest Drive Delray Beach, Florida 33445 Patricia Warren City Clerk's Office City of Delray Beach 100 NW 1st Avenue Delray Beach, Florida 33444 D[ar Patricia: Thank you for taking the time to speak to me today about the opportunities available on some of Delray's advisory boards. My family has been in Delray since 1903 or so, and I have recently relocated back here after spending six years in Pinellas County. I am eager to become more involved in the community and these boards seem to be a great channel for doing so. While living in Pinellas County, I was involved in several community and business organizations such as The Pinellas County Volunteers (environmental clean-up and restoration), Sales and Marketing Executives of Tampa Bay, The Westshore Alliance, and The Coastal Conservation Association. Since I have moved back to South Florida, I have become involved with Junior Achievement, The Broward Alliance, The Ft. Lauderdale Chamber of Commerce, and The Progressive Residents of Delray. My work takes me to many different areas in Florida and I feel the perspective that I have of how Delray compares with, and is perceived by, other communities would assist me in serving on one of the city's boards. If you have any questions, please do not hesitate to contact me at my home number, or at my e-mail address, which is john.miller~cexp.com. Thank you for your consideration. Sincerely, Jo~~ E ~Miller, Jr ~~' RECEIVED JUN 2. 7 2001 CITY CLERK .- CITY OF DELRAY BEACH BOARD MEMBER APPLICATION 1993 Please type or pri~lt the following information: ,q O 2 Home Addr~as' 3. Legal Residence 4. Principal Busi.9~Address: City Business Phone: e State State Middle Initial Zip Cod~ Zip Code 7. List all City Boards on which you are currently serving or have previously served: (Please include dates) 8. Educational qualifications: ~ 5 9. List any related professional certifications and licenses which you hold: Describe expe,r~nces, skills or knowledge which qualify you to serve ~n this board: (Please attach a brief resume) V TI,¥ ld,)5 Ceo Ccvv? I hereby certify that all the above statements are true, and I agree and understand that any misstatement of material facts containe SIGNATURE ~..C~ ~.f~.~j:~ion may cause forfeiture upon my part CITY CLERK Note: This application will remain on file in the City Clerk's Office for a period of 2 years from the date it was submitted. It will be the applicant's responsibility to ensure that a current application is on file. S~C ITYCLERK~BOARDLttPPLI CATION ~jl ~ ~ ~ z..u~,~...c~ CITY OF DELRAY BE,'ACH '11 ® I, OARD MEMBER APPL, ICAI'ION i'. l.~tN~m~: pa~.ric~ N~ne Janet. 2. Home Address~ B06 SW 6th ~venue ' ~ Delray ~'~ach- Stye' Zip C~ FL SAME 4. ~dp~ B~mess ~c~s: ~ .... State Zip 301 S~.lath Avenue, Bldg ~9 Delray ~each FL 33~4~ 5. ~ Phone: Bus~ss"Phone~' E-M~ Address: ~ Phone: 265-158~ 272-7009 6. ~ ~u a ~~ v~? ~E S If so, w~ ~ you ~~ ,, ~7~ , N~i~ce ,~atement Board TED Cen~e~-96-97 & 98-99 ~' ~6on~ ~~s: ........ 10. ]2~'~ re]~t~ pmfes~on~ c~,~ons ~nd ~s ~ch you ho]d: '-' ~on-pro~i~ bustnee~ licenBe, cosmetology 12. De~:n%e ~eHm~,, ,~1, or ~le,%e ~& q~ym m ~e'~ ~ bo~& ~ ,. t~b a b~ intone) community activist, comr,untty organizing ~~ · JUN 2 9 2001 6, - ~ 8- o 5I~A~ ~ .... ,,, ~. ~t · ~ I ~ ~ ~ ~_ ~ ,~, submitte& It will be the applicaat's re, ponsibility to emure that a oJ_rrem applicat on is on file. 5£59EbJ. ISg ~I:81 I005/83/90 T0/ID 3E~d PAY BEACH BOARD MEMBER APPLICATION 1993 Please type or print the following information: 1. Name: - Name_ 2. Ad'ess: City~ State Zip ~e 3. ~g~ gesiden~: ~ Stye Zip ~e 4. P~dp~ Bus,ess Ad,ess: ~ Stye Zip ~e 5. Home Phone: Bus,ess Phone: E-M~ A~ess: ~ Phone: F~: 6. ~ you a re¢.er~ voter? ¢¢¢ If so, where 7. ~ Bo~d(s) ~e you ~tere~ed ~ se~g? Plebe [~ ~ or~r of preference: ~ Nuisance ~aCemenC Board 8. ~ ~ ~ Bo=~ o~ wMch you =e =n~ se~g or have pre~o~ se~ea ~le~e 9. Edu~fio~ q~fiom: 10. ~ ~y related profession~ ~fions ~d ~nses w~ you hold: T cH 12. Describe ~pefien~s, s~s or ~owledge w~ ~mli~y~ to se~e on ~s ~& &l~e a~ch a brief re~e) I here~ ce~ ~at ~ ~e aMve ~at~en~ ~e t~, ~d I a~ee ~d ~~d ~at con~ed ~ ~s app~on ~ ~e foffd~ u~~~po~ent I ~ ~ceive. ....... ~IT'~L~K, , ,~ , ., ,. .. Note: This application will remain on file in for a period of 2 years from the date ~t was submitted. It will be the applicant's responsibility to ensure that a current application is on file. ~CIT¥CLERK~BOARDL&PPLICATION TRANSMISSION VERIFIOATION REPORT TIME : 06/28/2001 14:5@ DATE,TIME FAX NO./NAME DURATION PAGE(S) RESULT MODE l 114 $,W. 8TM AVENU~6/28 i4:58 DBL~Y BEACH, FL 33~52485663 561-276-3396 88 BUSY STANDARD Objective To ~. ae~'~t~l/y~ga~h~of the multi-cultural community of Delray Beach by becoming involved in programs, sereices, and committees that seek lo develop and improve the City of Dclray Beach. Summary of Qualifications: Homeowner in Delray Beach sincc 1989, resident since 1969. Stable employment and residency established. Board member/volunteer on various civic/community organizations including but not hmited to: - Visions 2001 Steering Committee (member) - Hispano Lafiao Cultural Allimce, Ine./Cinco de Mayo Fes:ival Committee (member and volunteer) - La Paloma Homeowner's Association (current Pres, dent) - Southwest President's Association (member) Student'Volunteer within organmations dealing with gang-related issues/outreach programs: - D.A.R.E, City of Boca Raton - MAD DADS of Delray Beach Parent/Adult Facilitator for the Our Lady Queen of Peace Mission Catholic Youlh Organization since 1980 Graduate of the City of Delray Beach Citizen's Police Academy in 1999 Professional Experience: Mechanic, City of Boca Raton, Boca Raton, Florida 1973 to prcscm Education G.E.D., Atlantic High School, Delray Beach, FL 1999 Various professional certifications, list available upon request TOTAL P.01 DELRAY BEACH ® BOARD MEMBER APPLICATION 1993 Please type or print the following information: 1. LastName::g~j..30 [Name .,~~ 2. Home Address~ I City 3. Legal Residence ~O ~'~'t.~g~,/ g~'/~,~ Ci:~t'"/7 o Principal Business Address: HomePhone:~.._~/ . .~3~)- ~,~ / What Board(s) are you interested in serving.'?t i . .~Vid/~,q c ~. City Business Phone: State State Mid~.J.nitial 7>5 d /~/ode Boards on 7. List all City . which you are currently serving or have previously served: (Please include dates) ,~. Educational qualificatiqns: 9. List any re~ated professional certifications and licenses which you hold: 10. Give your present, employer, and position: I hereby certify that all the above statements are true, and I agree and understand that any misstatement of material facts contained in this application may cause forfeiture upon my part of any appointment I may receive. (GNATURE Note: This application will remain on file RECEIVED m'rv cti;RK i~'~e ~i~ ~]erk's Office ~or a period o~ years bom the date it was submitted. It will be the applicant's responsibility to ensure that a current application is on file. S\CITYCL ERK~BOARDkAPPLICATION Donna Jean Russo 680 Audubon Boulevard Delray Beach, Florida 33444 561-330-7701 Personal Information: Single United States Citizen Born June 30, 1944 Social Security Number 263-80-8776 Employee Number 105394 Education: December 1975 B.A. College of Education Florida Atlantic University December 1980 Master of Science Human Resources Biscayne College Area of Certification: Specific Learning Disabilities K-12 Expires June, 2005 Employment: 22 years with the Miami-Dade County Public Schools as a Specific Learning Disabilities Teacher: 1999-2000 Sabbatical I'eave 1987-1999 Village Green Elementary School 1987-1983 Mae Walters Elementary School 1983-1981 1981-1980 Lake Stevens Middle School Bunche Park Elementary School 1980-1977 Hibiscus Elementary 1977-1975 Caribbean Elementary -2- Honors: Teacher of the Year - 1998 Village Green Elementary School Teacher of the Year - 1982 Hibiscus Elementary School Past/Present Leadership Roles: United Teachers Union Alternate UTD Member - 20 years President PTA - Hibiscus Elementary School - 1984 and 1985 Vice President PTA - Hibiscus Elementary School - 1983 Past/Present Committee Participation: Safety and Recycle Team - Past ten years References: Mrs. M. L. Chappotin Principal, Village Green Elementary 305-226-0441 Mrs. Piedad Bucholtz Former Principal, Village Green Elementary 305-279-3920 Mrs. Valerie Carrier Principal, R~viera Middle 305-226-4286 E Mail: carrierv@rms.dade. K12.FL.US CITY OF DELRAY BEACH ~-..~ BOARD MEMBER APPLICATION Please type or print the following information: ..... Middle Initial' 2. Home City State Zip Code 3. Legal Residence '" City State Zip Code 4. Principal Business Ad'Jress: City State Zip Code 5. HomePhone:(&(~/) ~7Co .- qqc/.~ Business Phone: ( ._ ) .______ 7. List all City Board_s on which you are currently serving or have pr~viously,sbrved: (Please include dates) 8. Educati°nal. . qualifications: C_~'O,-~e. ~vQwrx 20&- ~/'e~". ~ 3 X 9. List ~ny relaled professional certifications and licenses wl~'i~h ¥o~ hold: A/ewe_ 10L Give your present, or most reeent employer, and position: ,'~O.~/~C~ ~crca~.~ \ v~ \qqb 11. Describe experienc6s,"skills or knowledge which qUalify You to's~rve on this board: (Please attach a brief resume) I hereby ce~tI6, that all the 'coO'Ye stateme/~ts are true, 'and'i agree and understand that any misstatement of material facts contained in this application may cause forfeiture upon my part of any appolntment~I~ may receive. qote: ,i applicat~ remain on file in the City Clerk's Office for a period of 2 years from the date it was submitted, ffwill be the applicant's responsibility to ensure that a current application is on file. RECEIVED MAY 0"3 1999 CITY CLERK BOARD MEMBER APPLICATION 1993 Please type or print the following information: .. 1. Sod A t_ Name ~I. 2. HomeA~ess:] ~ 3 ~ 6 ~ 3~a ~4 ~ eL~'V~C~- St~L Zip~e 3. ~gfl ~si&n~: ~ , , Stye Zip ~e 5. Home Phone: Bus'ess Phone: E-M~ Ad. ess: ~ Phone: 6. ~e you a rendered voter?7e;~ ~ ~' If so, wh~e ~e you r~e~? 7. ~ Bo~d(s) ~e you ~tere~ed ~ se~g? Plebe ~ ~ or&r of preference: Nufsance ~atement Board 8. ~ ~ ~ Bo~& on wMch you ~ ~ se~g or have pre~o~ se~e~ ~le~e ~du~ &~s) - 9. Edu~fion~~ons:[~t 6 ~t ~ ~ ~ ~ ~~ O. 10. ~ ~y related pro~e~sion~ ~nifi~fions ~d ~nses w~ you hold: 11. Give yo~ present, or most re~nt ~pl~, ~d posi~on: 12. Desc~ ~pe~en~s, ~s or ~o~e w~ ~y~ ~ se~e on ~ bo~& ~le~e a~ a b~ef re~e) I he~ ce~ ~at ~ ~e ab&e ~at~en~ ~e ~e, md I ~ee ~d ~&~d ~at ~ ~tement of ~tefiM fa~s SIGNA~ JUN 2 9 2001 /"I I "l"'ll I aa Note: This application will remain on file irl~e~ O'i~t~fflce for a period of 2 years from the date it was ~bmirted. It will be the applicant's responsibility to ensure that a current application is on file. S'~CITYCLERK'~] OARDYgPPLICATI ON MEMORANDUM TO: FROM: SUBJECT: MAYOR AND CITY COMMISSIONERS CITY MANAGER ~ AGENDA ITEM # I0 A - REGULAR MEETING OF JULY 10, 2001 ORDINANCE NO. 37-01 (AMENDING LAND DEVELOPMENT REGULATIONS/REGARDING PARKING REQUIREMENTS IN THE CENTRAL BUSINESS DISTRICT) DATE: JULY 6, 2001 This is second readmg and second pubhc heating for Ordinance No. 37-01 which amends the Land Development Regulauons (LDR) Section 4.4.13 regarding the parking reqmrements in the Central Business District (CBD) zone chstnct to accommodate required parking uuhzing valet or tandem parking, and Secuon 4.6.9 estabhshing des;gn standards and regulauons for valet and tandem parking arrangements. A LDR text amendment ~s required to allow up to 100% of reqmred parking for commercial estabhshments, restaurants, cocktail lounges, hotels, and residenual type inns w;thin the CBD to be accommodated through the provision of valet parking. Due to the s~te constraints and the exorbitant land costs, especially east of the Intracoastal Waterway, the valet parking option is being v~ewed as a way to provide all the required par-king. The amendment also clarifies the use of tandem parking in townhouse developments. At the first reading on June 19'h, Commission voted 5-0 to approve Ordinance No.37-01. Recommend approval of Ordinance No. 37-01 on second and final reading. Rcf Agmcmo ()rd 37-01 Valct&TandcmParMng I}7 10 0l ORDINANCE NO. 37-01 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SECTION 4.4.13, "CENTRAL BUSINESS (CBD) DISTRICT, SUBSECTION 4.4.13(D), "CONDITIONAL USES AND STRUCTURES ALLOWED", TO PROVIDE THAT REQUIRED PARKING FOR CERTAIN USES MAY BE PROVIDED AS VALET PARKING, SUBJECT TO CONDITIONS AND SUBJECT TO CONDITIONAL USE APPROVAL; AMENDING SUBSECTION 4.4.13(G)(1)(e), "SUPPLEMENTAL DISTRICT REGULATIONS", AMENDING SECTION 4.6.9, "OFF-STREET PARKING REGULATIONS", SUBSECTION 4.6.9(C)(2)(c), "MULTIPLE FAMILY STRUCTURES", TO PROVIDE THAT PARKING MAY BE PROVIDED IN FRONT OF GARAGE UNITS WITHIN TOWNHOUSE AND TOWNHOUSE-TYPE DEVELOPMENTS, SUBJECT TO CONDITIONS; AMENDING SUBSECTION 4.6.9(F), "SPECIAL PROVISIONS", BY ENACTING A NEW SUBPARAGRAPH 4.6.9(F)(3) TO ESTABLISH DESIGN STANDARDS AND REGULATIONS FOR VALET AND TANDEM PARKING ARRANGEMENTS; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, pursuant to LDR Section 1.1.6, the Planning and Zoning Board reviewed the proposed t~xt amendments at a public hearing held on January 22, 2001, and voted 6 to 0 to recommend approval; and WHEREAS, the City Commission of the City of Delray Beach finds that the proposed amendments are consistent with and further the goals, objectives and policies of the Comprehensive Plan. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Chapter Four, "Zoning Regulations", Section 4.4.13, "Central Business (CBD) District", Subjection 4.4.13(D), "Conditional Uses and Structures Allowed", of the Land Development Regulations of the City of Delray Beach, be, and the same is hereby amended to read as follows: Section 4.4.13 Central Business (CBD) District (D) Conditional Uses and Structures Allowed: The following uses are allowed as conditional uses within the CBD District: (16) Restaurants, Cocktail Lounges, Hotels, and Residential Type Inns may provide their required parking as valet parking, subject to the provisions of Section 4.6.9(F)(3). Section 2. That Chapter Four, "Zoning Regulations", Section 4.4.13, "Central Business (CBD) District", Subsection 4.4.13(G), "Supplemental District Regulations", of the Land Development Regulations of the City of Delray Beach, be, and the same is hereby amended to read as follows: (G) Supplemental District Regulations: In addition to the supplemental district regulations as set forth in Article 4.6, except as modified below, the following shall also apply. (1) Parking: (e) The parking requirements for residential units in multi-family structures and mixed use buildings shall be as follows: · Efficiency dwelling unit 1.0 space/unit · One bedroom dwelling unit 1.25 spaces/unit · Two or more bedroom dwelling unit 1.75 spaces/unit · Guest parking shall be provided cumulatively as follows: - for the first 20 units 0 50 spaces/unit - for units 21-50 0.30 spaces/unit - for units 51 and above 0.20 spaces/unit 2 ORD. NO. 37-01 Within Townhouse and Townhouse Type developments, parking may be provided in front of garage units provided that such parking does not result in the space for one unit impeding access to a space of the other unit. Section 3. That Chapter Four, "Zoning Regulations", Section 4.6.9, "Off-Street Parking Regulations", Subsection 4.6.9(C), "Number of Parking Spaces Required", Subparagraph 4.6.9(C)(2)(c), of the Land Development Regulations of the City of Delray Beach, be, and the same is hereby amended to read as follows: C. Number of Parking Spaces Required: (2) Requirements for Residential Uses: (c) Multiple Family Structures: · Efficiency dwelling unit 1.0 space/unit · One bedroom dwelling unit 1.5 spaces/unit · Two or more bedroom d.u. 2.0 spaces/unit · Guest parking shall be provided cumulatively as follows: - for the first 20 units - for units 21-50 - for units 51 and above 0 5 spaces per unit 0.3 spaces per unit 0.2 spaces per unit Within Townhouse and Townhouse Type developments, parking may be provided in front of garage units provided that such parking does not result in the space for one unit impeding access to a space of the other unit. Section 4. That Chapter Four, "Zoning Regulations", Section 4.6.9, "Off-Street Parking Regulations", Subsection 4.6.9(F), "Special Provisions", of the Land Development Regulations of the City of Delray Beach, Florida, be, and the same is hereby amended by enacting a new subparagraph 4.6.9(F)(3) to read as follows: (F) Special Provisions 3 ORD. NO 37-01 (3) Valet Parking: A parking facility with a valet service or operator which allows for attendants to receive, park and deliver the automobiles of occupants, tenants, customers, invitees, and visitors including tandem parking may be utilized in lieu of the requirements of this Section provided the following requirements are complied with: (a) Any required valet or tandem parking utilized in lieu of the parking requirements set forth in this section shall be governed by an agreement with the City (in such form as may be approved by the City Attorney), and recorded in the public records of Palm Beach County. The agreement shall constitute a covenant running with the land binding upon the owners, heirs, administrators, successors, and assigns. The agreement may be released by the City Commission at such time that site plan approval is obtained for an alternative parking arrangement which satisfies the parking requirements for said use. (b) The required queue is to be provided on private property as opposed to public rights-of-way. (c) There is a parking professional available for the vehicle retrieval during business hours; (d) The dimensions for valet and tandem parking spaces shall be a minimum of eight and one half feet (8'6") wide and sixteen feet (16') deep with a maximum stacking of two (2) vehicles along with a drive aisle of twenty-four feet (24'). (e) Valet parking may be utilized to conform with the number of handicap accessible parking spaces provided that: (I) At least two handicapped accessible spaces are provided adjacent to the vehicle queuing area for those vehicles which cannot be operated by the parking professional; and, (11) The disabled person's vehicle may be safely operated by aforementioned parking professional. (f) Valet drop-off/queuing area must be provided with a minimum length of 100'. Greater queuing area may be required as a condition of site plan or conditional use approval based upon the intensity of the use. The length of the queuing area may be reduced when supported by a traffic study. 4 ORD. NO. 37-01 (g) Interior landscape areas required by Section 4.6.16 shall not be required if landscape requirements which would otherwise have been installed on the interior of the parking lot are evenly distributed alon9 the perimeter of the parkin9 area or facility and subject to the followin9 requirements: (I) That a 10' perimeter landscape buffer consisting of a hedge and trees thirty-feet (30') on center be provided. 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 immediately upon passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the ~ day of ,2001. ATTEST M A Y O R Acting City Clerk First Reading Second Reading. 5 ORD. NO. 37-01 CITY COMMISSION DOCUMENTATION TO: THRU: FROM: DAV/I~ T. HARDEN, CITY MANAGER PA~J/J~.,. _D~R~. N_G, D~)CTOR OF PLANNING AND ZONING SCOTT ARONSON,~ARKING MANAGEMENT SPECIALIST SUBJECT: MEETING OF JUNE 19, 2001 CONSIDERATION OF AN AMENDMENT TO LAND DEVELOPMENT REGULATIONS SECTIONS 4.4.13 REGARDING THE PARKING REQUIREMENTS IN THE CBD ZONE DISTRICT TO ACCOMMODATE REQUIRED PARKING UTILIZING VALET OR TANDEM PARKING, AND SECTION 4.6.9 ESTABLISHING DESIGN STANDARDS AND REGULATIONS FOR VALET AND TANDEM PARKING ARRANGEMENTS. BACKGROUND A Land Development Regulation (LDR), text amendment has been requested to allow up to 100% of required parking for commercial establishments, restaurants, cocktail lounges, hotels, and residential type inns within the Central Business District (CBD), to be accommodated through the provision of valet parking. Due to the site constraints and the exorbitant land costs, especially east of the Intracoastal Waterway, the valet parking option is being viewed as a way to provide all the required parking. The amendment also clarifies the use of tandem parking in townhouse developments. At the regular City Commission meeting of May 15, 2001 this text amendment was presented with the inclusion of appliance lift systems which was unanimously denied. Direction was given to modify the ordinance to remove reference to the appliance lift systems, continue to allow the required parking utilizing valet parking in tandem parking configurations, and extend the option to the entire CBD. Pursuant to City Commission's direction the text amendment has been modified accordingly. RECOMMENDED ACTION By Motion, approve on first reading a text amendment to Section 4.4.13 regarding the parking requirements in the Central Business District to accommodate required parking utilizing valet with tandem parking configurations, and Section 4.6.9 establishing design standards and regulations for valet and tandem parking arrangements. Attachments: Ordinance by Others City Commission Documentation Meeting of June 19, 2001 LDR Text Amendment - LDR Sections 4.4.13 & 4.6.9 Regarding Valet and Tandem Parking in the CBD Page 2 of 4 STAFF'S RECOMMENDATION Section 4.4.13 Central Business (CBD) District: (D) Conditional Uses and Structures Allowed: (16) Restaurants, Cocktail Loun,qes, Hotels, and Residential Type Inns, may provide their required parkin,q as valet parkin,q, subiect to the provisions of 4.6.9(F)(3). (G) Supplemental District Regulations: In addition to the supplemental district regulations as set forth in Article 4.6, except as modified below, the following shall also apply. , (1) Parking: (e) The parking requirements for residential units in multi-family structures and mixed-use buildings shall be as follows: · Efficiency dwelling unit 1.0 space/unit · One bedroom dwelling unit 1.25 spaces/unit · Two or more bedroom dwelling unit 1.75 spaces/unit · Guest parking shall be provided cumulatively as follows: - for the first 20 units 0.50 spaces/unit - for units 21-50 0.30 spaces/unit - for units 51 and above 0.20 spaces/unit Within Townhouse and Townhouse Type developments, parkin,q may be provided in front of ,qara,qe units provided that such parkin,q does not result in the space for one unit impedin,q access to a space of the other unit. Section 4.6.9 Parking Regulations: . (C) Number of Parking Spaces Required: (2) Requirements for Residential Uses: (c) Multiple Family Structures: · Efficiency dwelling unit · One bedroom dwelling unit · Two or more bedroom d.u. 1.0 space/unit 1.5 spaces/unit 2.0 spaces/unit City Commission Documentation Meeting of June 19, 2001 LDR Text Amendment - LDR Sections 4.4.13 & 4.6.9 Regarding Valet and Tandem Parking in the CBD Page 3 of 4 * Guest parking shall be provided cumulatively as follows: - for the first 20 units - for units 21-50 - for units 51 and above 0.5 spaces per unit 0.3 spaces per unit 0.2 spaces per unit Within Townhouse and Townhouse Type developments, parkin.q may be provided in front of .qaraRe units provided that such parkin,q does not result in the space for one unit impedin,q access to a space of the other unit. (F) Special Provisions: (3) Valet Parking: A parking facility with a valet service or operator which allows for attendants to receive, park and deliver the automobiles of occupants, tenants, customers, invitees, and visitors includin.q tandem parkin.q may be utilized in lieu of the requirements of this Section provided the followinR requirements are complied with: (a) Any required valet or tandem parkin.q utilized in lieu of the parkinR requirements set forth in this section shall be .qoverned by an a.qreement with the City (in such form as may be approved by the City Attorney), and recorded in the public records of Palm Beach County. The a.qreement shall constitute a covenant runnin.q with the land bindin.q upon the owners, heirs, administrators, successors, and assi.qns. The a,qreement may be released by the City Commission at such time that site plan approval is obtained for an alternative parkin.q arran.qement which satisfies the parking requirements for said use. (b) The required queue is to be provided on pdvate property as opposed to public ri,qhts-of-way. (c) There is a parkin.q professional available for the vehicle retrieval durin,q business hours; (d) The dimensions for valet and tandem parkin,q spaces shall be a minimum of ei.qht and one half feet (8'6") wide and sixteen feet (16') deep with a maximum stackin.q of two (2) vehicles alon.q with a drive aisle of twenty-four feet (24'). (e) Valet parkin.q may be utilized to conform with the number of handicap accessible parkin.q spaces provided that: (I) At least two handicapped accessible spaces are provided adiacent to the vehicle queuin.q area for those vehicles which cannot be operated by the parkin,q professional; and, (11) The disabled person's vehicle may be safely operated by aforementioned parkin.q professional. City Commission Documentation Meeting of June 19, 2001 LDR Text Amendment - LDR Sections 4.4.13 & 4.6.9 Regarding Valet and Tandem Parking in the CBD Page 4 of 4 (f) Valet drop-off/queuing area must be provided with a minimum length of 100'. Greater queuing area may be required as a condition of site plan or conditional use approval based upon the intensity of the use. The length of the queuing area may be reduced when supported by a traffic study. (g) Interior landscape areas required by Section 4.6.16 shall not be required if landscape requirements which would otherwise have been installed on the interior of the parking lot are evenly distributed along the perimeter of the parking area or facility and subject to the following requirements: That a 10' perimeter landscape buffer consisting of a hedge and trees thirty-feet (30') on center be provided. ORDINANCE NO. 38-01 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED RM (MULTIPLE FAMILY RESIDENTIAL-MEDIUM DENSITY) TO CF (COMMUNITY FACILITIES) ZONING DISTRICT, SAID LAND BEING A PARCEL OF LAND LOCATED SOUTH OF EAST ATLANTIC AVENUE AND EXTENDS WEST OF GLEASON STREET AND EAST OF BRONSON AVENUE AND CONTAINS 3.5 ACRES, AS MORE PARTICULARLY DESCRIBED HEREIN; AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, 2001"; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the property hereinafter described is shown on the Zoning District Map of the City of Delray Beach, Florida, dated January, 2001, as being zoned RM (Multiple Family Residential- Medium Density District; and WHEREAS, at its meeting of June 18, 2001, the Planning and Zoning Board for the City of Delray Beach, as Local Planning Agency, considered this item at a public hearing and voted to recommend that the property hereinafter described be rezoned, based upon positive findings; and WHEREAS, it is appropriate that the Zoning District Map of the City of Delray Beach, Florida, be amended to reflect the revised zoning classification. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF · DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the Zoning District Map of the City of Delray Beach, Florida, be, and the same is hereby amended to reflect a zoning classification of CF (Community Facilities) District for the following described property: Lots 9, 10, 11 and 12, Block 4, less the West 20 feet thereof; Lots 9 through 22, inclusive, Block 3; the South half of Lot 23, Block 3; the South half of Lot 7, less the East 10 feet thereof, Block 2; Lots 8 and 9, less the East 10 feet thereof, Block 2; Lots 10 through 15, inclusive, Block 2, all in Ocean Park, according to the Plat thereof recorded in Plat Book 5, Page 15, of the Public Records of Palm Beach County, Florida. And That part of the right-of-way for Palm Avenue, abandoned by Resolutions recorded in Official Record Book 454, Page 457 and in Official Record Book 2382, Page 1636 of the Public Records of Palm Beach County, Florida. P&Z Board Staff Report Rezoning from RM to CF for the First Presbyterian Church and Fisler Property Page 3 with respect to the overall land use pattern, assessment of level of service, the provision of services, and meeting remaining land use needs. As there is no proposal to modify the existing land use on the property the establishment of the CF zone district will not technically modify the original findings. It is noted that uses allowed under the CF zoning designation characteristically have less impact on concurrency than other zoning designations consistent with the underlying Medium Density Residential designation. Positive findings with respect to Concurrency can be made. I;3 Consistency - The requested designation is consistent with the goals, objectives and policies of the most recently adopted Comprehensive Plan. A review of the adopted Comprehensive Plan was conducted and the following policies were found with regard to rezoning. Policy A-4.1 , Land Use Element states" Prior to approval or recommending approval of any land use or development application for property located within a historic district or designated as a historic site, the Historic Preservation Board must make a finding that the requested action is consistent with the provisions of Section 4.5.1 of the Land Development Regulations relating to historic sites and districts and the "Delray Beach Design Guidelines" On June 6, 2001, the Historic Preservation Board reviewed the request and recommended approval of the rezoning. Policy C-3.2 Coastal Management Element 'q'here shall be no change in the intensity of land use within the barrier island and all infill development which does occur shall connect to the City's storm water management system and sanitary sewer system" The proposed rezoning will not change the intensity of land uses as there are no changes proposed in the current operations of the existing church facilities. While there will be a change in the use of the Fisler Property which currently accommodates two residential units and a office an increase in intensity is not anticipated at this time as there are no specified development proposal for the site. Consistency findings with respect to future improvements will be made at the time of development review. Compatibility - The requested designation will be compatible with the existing and future land uses of the surrounding area. Compatibility is discussed below under the Standards for Rezoning. P&Z Board Staff Report Rezoning from RM to CF for the First Presbyterian Church and Fisler Property Page 5 The subject site is located within an area designated as "Stable" on the Residential Neighborhood Categorization Map. The requested designation is to a CF designation which is deemed acceptable for stable neighborhood areas. With the adoption of the LDR and city wide rezoning this property should have been rezoned to CF to reflect the existing uses. (D) That the rezoning shall result in allowing land uses which are deemed compatible with adjacent and nearby land uses both existing and proposed; or that if an incompatibility may occur, that sufficient regulations exist to properly mitigate adverse impacts from the new use. The property is surrounded by the following zoning districts: to the north and west is zoned RM and CBD (Central Business District); to the east is zoned RM (Medium Density Residential) and to the south is RM and R-1-A (Single Family Residential). The existing land uses are: retail/restaurants to the north; single family and multi-family residences to the east and south; and multiple family residences and retail to the west. The existing use is compatible with these uses and has co-existed with the neighborhood for many years. With respect to the Fisler Property, compatibility will be enhanced through specific regulations which apply to the CF zoning district which, requires increased landscape perimeter buffer treatment. Section 2.4.5(D)($) (Rezonin9 Findings): Pursuant to Section 2.4.5(D)(5) (Findings), in addition to provisions of Section 3.1.1, the City Commission must make a finding that the rezoning fulfills one of the reasons for which the rezoning change is being soughl~ These reasons include the following: That the zoning had previously been changed, or was originally established, in error; 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 the following statement indicating the reasons for which the rezoning is being sought based on "b" above: When the present zoning laws were enacted in the early 1990's, the Church property located at 33 Gieason had already been in operation for nearly 70 years. At that time, the property was zoned RM Multi-Family Residential (Medium P&Z Board Staff Report Rezoning from RM to CF for the First Presbyterian Church and Fisler Property Page 7 During the rezoning associated with the adoption of the LDR's other churches and similar facilities were given CF zoning designations. Similarly, the existing church campus at that time should have been given a CF designation to reflect the existing use. The RM designation is only appropriate for small churches or single purpose structures and not for large multipurpose churches. As the church is in the process of expanding its campus it is appropriate to rezone the properties to CF. Positive findings can be made with respect to LDR Section 3.1.1 (Required Findings), LDR Section 3.2.2 (Standards for Rezoning Actions), LDR Section 2.4.5(D)(5) (Rezoning Findings), and the Goals, Objectives, and Policies of the Comprehensive Plan for the proposed rezoning of the subject property. Therefore this rezoning can be recommended for approval based on fhe findings outlined in this report. A. Continue with direction. Recommend to the City Commission rezoning of the subject property from RM (Medium Density Residential) to CF (Community Facilities), based on positive findings with respect to LDR Section 3.1.1 (Required Findings), LDR Section 3.2.2 (Standards for Rezoning Actions), and LDR Section 2.4.5(D)(5) (Rezoning Findings), and the Goals, Objectives and Policies of the Comprehensive Plan. C. Recommend to the City Commission denial of the rezoning, based on a failure to make positive findings with respect to LDR Section 2.4.5(D)(5). Recommend to the City Commission rezoning of the subject property from RM (Medium Density Residential) to CF (Community Facilities), based on positive findings with respect to LDR Section 3.1.1 (Required Findings), LDR Section 3.2.2 (Standards for Rezoning Actions), and LDR Section 2.4.5(D)(5) (Rezoning Findings), and the Goals, Objectives and Policies of the Comprehensive Plan. Attachments: Zoning Map Survey The item before the Board is that of making a recommendation to the City Commission on a rezoning from RM (Medium Density Residential) to CF (Community Facilities) for the First Presbyterian Church and the Fisler Property. The subject property is located south of East Atlantic Avenue and extends west of Gleason Street and east of Bronson Avenue and contains 3.5 acres I ~'~ ,,' ~ , ~:B A C:KG ROU N D]~PR, O;J E CFT¥. 'DES C 1~, 1P~T I O N' The First Presbyterian Church was originally founded in 1924 with the construction of the Mediterranean Revival architectural style building in 1924 and was the first church to be built east of the Intracoastal Waterway. Located at 36 Bronson Avenue one block south of East Atlantic Avenue, the structure was originally the sanctuary for the congregation known as the Gibson Memorial Baptist Church. It was later purchased by the Presbyterian congregation and was renamed the Community Presbyterian Church. The original structure remained the Presbyterian sanctuary until their new church was constructed in 1977 at 33 Gleason Street, just to the west of the original building. After the construction of the new sanctuary, the original building became the congregation Fellowship Hall. Today, the First Presbyterian Church campus includes several lots, Lot 6, Block C, John B. Reid's Village which is located on the west side of Gleason Street and contains a paved parking lot. The existing sanctuary, fellowship hall, christian education building, a 2 story accessory building, a Columbium & memorial garden and a 52-space parking lot occupy that portion of the campus located between Gleason Street and Bronson Avenue situated on Lots 9 through 12, Block 4; Lots 9 through 24 Block 3, Ocean Park Subdivision; and, a portion of Ocean Beach Lots 19 and 20. The remaining portion of the church campus is located on the east side of Bronson Avenue and includes a paved parking lot and two residential structures (one being the caretaker's residence and the other accommodating meeting rooms for organizations such as the Boy Scouts). Recent approvals included the designation of the Fellowship Hall and the adjacent garden (on the north side of the fellowship hall) to the Local Register of Historic Places by the City Commission at its meeting of November 16, 1999. Other minor site improvements that have been approved administratively include the addition of playground equipment, expansion of the courtyard area, and installation of planters and decorative walls. The rezoning request incorporates the 3.3 acre church property and an existing residential parcel referred to the "Fisler Property" located at 37 Gleason Street. [IT¥ DF DELRR¥ BERgH CITY ATTORNEY'S OFFICE 200 NW 1st AVENUE · DELRAY BEACH, FLORIDA 33444 TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755 1993 FROM: MEMORANDUM July 2, 2001 City Commission Susan A. Ruby, City Attomey SUBJECT: City of Delray Beach v. Florida Department of Agriculture and Consumer Services and Terry L. Rhodes, in her capacity as Commissioner of Florida Department of Agriculture and Consumer Services Case No. CL 01-2707 AD The purpose of this memorandum is to call for a closed attorney-client session pursuant to Florida Statutes §286.011(8) for the July 10, 2001 City Commission meeting to discuss strategy related to litigation expenditures in the above case. Law requires strict compliance with Florida Statutes §286.011(8). Therefore, prior to the commencement of the closed attorney-client session, the Mayor should read the following: "The City has scheduled a closed attorney-client session pursuant to Florida Statutes §286.011(8) in the case of City of Delray Beach v. Florida Department of Agriculture, et al. The estimated length of the closed session shall be 20 minutes. The following persons will be attending: Mayor David Schmidt, Commissioners Patricia Archer, Alberta McCarthy, Jeff Perlman and City Manager David Harden, City Attorney Susan Ruby, Assistant City Attorney Jay Jambeck, and a certified court reporter." At the end of the Commission meeting, the Mayor should announce that a closed-door session will commence. After the closed session is over, the Mayor should announce that the regular meeting is reopened, and the closed session is terminated. By copy of this memorandum to David Harden, our office requests that the agenda be prepared giving reasonable public notice of the time and date of the closed attorney-client session for July 10, 2001 and that the agenda item include the name of the case, the names set forth above of those persons attending the session, and identify the item as a closed door session pursuant to Florida Statutes §286.011. Our office will arrange for a court reporter to be present as required by statute. Attached is a copy of Fla. Stat. §286.011. cc: David Harden, City Manager Barbara Garito, Acting City Clerk Jay Jambeck, Assistant City Attorney statutes->.Search Statutes->2000->Ch0286->Section 011: Online Sunshine Online Sunshine View_Statutes Select Year: I~?O-O~ Search Statutes Const~tubon Laws of Florida Order Page 1 of 2 The 2000 Florida Statutes Title XlX Chapter 286 View Entire Chapter PUBLIC BUSINESS Public Bus~ness: Miscellaneous Provisions 286.01:!. Public meetings and records; public inspection~ criminal and civil penalties.-- (:L) All meebngs of any board or commission of any state agency or authority or of any agency or authority of any county, municipal corporation, or polibcal subdivision, except as otherwise prowded in the Constitution, at which official acts are to be taken are declared to be pubhc meetings open to the public at all times, and no resolution, rule, or formal action shall be considered b~nding except as taken or made at such meeting. The board or commission must provide reasonable notice of all such meetings. (2) The minutes of a meebng of any such board or commission of any such state agency or authority shall be promptly recorded, and such records shall be open to pubhc inspection. The circuit courts of this state shall have 3urisdictlon to ~ssue in3unctlons to enforce the purposes of th~s section upon application by any citizen of th~s state. (3)(a) Any public officer who violates any prows~on of this section is guilty of a noncriminal infraction, punishable by fine not exceeding $500. (b) Any person who is a member of a board or commission or of any state agency or authority of any county, municipal corporation, or polibcal subdivision who knowingly violates the prows~ons of this section by attending a meeting not held ~n accordance w~th the provisions hereof IS gmlty of a misdemeanor of the second degree, pumshable as provided ms. 775.082 or s. 775.083. (c) Conduct which occurs outside the state which would constitute a knowing violation of th~s section is a misdemeanor of the second degree, pumshable as provided ~n s. 775.082 or s. 775.083. (4) Whenever an acbon has been filed against any board or commission of any state agency or authority or any agency or authority of any county, municipal corporation, or political subdiwslon to enforce the provisions of th~s section or to mvahdate the acbons of any such board, commission, agency, or authority, which acbon was taken ~n violation of th~s section, and the court determines that the defendant or defendants to such acbon acted ~n wolation of this section, the court shall assess a reasonable attorney's fee against such agency, and may assess a reasonable attorney's fee against the ~nd~wdual flhng such an acbon ~f the court finds it was filed m bad faith or was frivolous. Any fees so assessed may be assessed against the ~nd~vidual member or members of such board or commission; provided, that ~n any case where the board or commission seeks the advice of its attorney and such advice is followed, no such fees shall be assessed against the indlwdual member or members of the board or commission. However, th~s subsecbon shall not apply to a state attorney or his or her duly authorized assistants or any officer charged with enforcing the provisions of this section. (5) Whenever any board or commission of any state agency or authority or any agency or authority of any county, municipal corporabon, or political subdiwsion appeals any court order which has found said board, commission, agency, or authority to have violated this section, and such order is affirmed, the court shall assess a reasonable attorney's fee for the appeal against such board, commission, agency, or authority. Any fees so assessed may be assessed against the ~ndlvidual member or members of such board or commission; provided, that in any case where the board or commission seeks the adwce of ~ts attorney and such advice is followed, no such fees shall be assessed against the individual member or members of the board or commission. (6) All persons sublect to subsection (1) are prohibited from holding meetings at any facility or http://www.leg.state.fl.us/statutes/index.cfm?A.../SEC011 .HTM&TitIe=->2000->Ch0286->Section%2001 07/03/2001 st atut e s ->.S e ~bd~hal~t-~ ats~1n'~t~ott't~ne'tms-'f~-orsex,-~ge?tac-~, t-ree~ color, origin, or econom,c status or which operates m such a manner as to unreasonably restrict pubhc access to such a facility. (7) Whenever any member of any board or commisston of any state agency or authority or any agency or authority of any county, mumc~pal corporation, or polittcal subd~ws~on is charged with a wolation of th~s section and ~s subsequently acqmtted, the board or commission ~s authorized to reimburse sa~d member for any port.on of h~s or her reasonable attorney's fees. (8) Notwithstanding the provisions of subsection (1), any board or commission of any state agency or authority or any agency or authority of any county, mumc~pal corporation, or political subdiwsion, and the chief adm~mstrative or executive officer of the governmental enBty, may meet in private with the entlty's attorney to discuss pending litigation to which the entity is presently a party before a court or adm~mstrat~ve agency, provided that the following conditions are met: (a) The entity's attorney shall advise the entity at a public meeting that he or she desires adwce concerning the litigation. (b) The subject matter of the meeting shall be confined to settlement negotiations or strategy sessions related to htigation expenditures. (c) The entire session shall be recorded by a certified court reporter. The reporter shall record the times of commencement and termination of the session, all d~scussmn and proceedings, the names of all persons present at any time, and the names of all persons speaking. No port~on of the session shall be off the record. The court reporter's notes shall be fully transcribed and filed with the ent~ty's clerk w~th~n a reasonable t~me after the meeting. (d) The entity shall give reasonable pubhc not~ce of the t~me and date of the attorney-client session and the names of persons who will be attending the session. The session shall commence at an open meeting at which the persons cha~rmg the meeting shall announce the commencement and estimated length of the attorney-chent session and the names of the persons attending. At the conclusion of the attorney-client session, the meeting shall be reopened, and the person chairing the meeting shall announce the termination of the session. (e) The transcript shall be made part of the public record upon conclusion of the litigation. History.--s. 1, ch. 67-356; s. 159, ch. 71-136; s. 1, ch. 78-365; s. 6, ch. 85-301; s. 33, ch. 91- 224; s. 1, ch. 93-232; s. 210, ch. 95-148; s. 1, ch. 95-353. Welcome · Session · Committees · Legislators · Information Center · Statutes and Constitution · Lobbyist InformaBon D~scla~mer: The information on th~s system ~s unverlhed. The journals or printed bills of the respective chambers should be consulted for official purposes. Copyright © 2000-2001 State of Florida. Contact us. p[.~vacy Statement Page 2 of 2 http://www.leg.state.fl.us/statutes/index.cfm?A.../SEC011 .HTM&Title=->2000->Ch0286->Section%2001 07/03/2001