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04-20-99 Regular CITY OF DELRAY BEACH, FLORIDA - CITY COMMISSION REGULAR MEETING APRIL 20, 1999 - 6:00 P.M./PUBLIC HEARING 7:00 P.M. COMMISSION CHAMBERS The City will furnish auxiliary aids and services to afford an individual with a disability an opportunity to participate in and enjoy the benefits of a service, program or activity conducted by the City. Contact Doug Randolph at 243-7127 (voice) or 243-7199 (TDD), 24 hours prior to the event in order for the City to accommodate your request. Adaptive listening devices are available for meetings in the Commission Chambers. [ 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. B. Comments and Inquiries on Non-Agenda Items from the Public: Any citizen is entitled to be heard concerning any matter within the scope of jurisdiction of the Commission under this section. The Commission may withhold comment or direct the City Manager to take action on requests or comments. C. Regular Agenda and First Reading Items: When extraordinary circumstances or reasons exist and at the discretion of the Commission, citizens may speak on any official agenda item under these sections. 2. SIGN IN SHEET: Prior to the start of the Commission Meeting, individuals wishing to address public hearing or non-agendaed items should sign in on the sheet located on the right side of the dais. If you are not able to do so prior to the start of the meeting, you may still address the Commission on an appropriate item. The primary purpose of the sign-in sheet is to assist staff with record keeping. Therefore, when you come up to the podium to speak, please complete the sign-in sheet if you have not already done so. 3. ADDRESSING THE COMMISSION: At the appropriate time, please step up to the podium and state your name and address for the record. All comments must be addressed to the Commission as a body and not to individuals. Any person making impertinent or slanderous remarks or who becomes boisterous while addressing the Commission shall be barred by the presiding officer from speaking further, unless permission to continue or again address the Commission is granted by a majority vote of the Commission members present. APPELLATE PROCEDURES Please be advised that if a person decides to appeal any decision made by the City Commission with respect to any matter considered at this meeting, such person will need to ensure that a verbatim record includes the testimony and evidence upon which the appeal is based. The City neither provides nor prepares such record. AGENDA 1. Roll Call. 2. Invocation. 3. Pledge of Allegiance to the Flag. 4. Agenda Approval. 5. Approval of Minutes: None 6. Proclamations: A. "Victims' Rights Week" - April 25 thru 30, 1999 7. Presentations: A. Proposed CRA 1999 Revenue Bond Issues ($4.7 Million) 8. Consent Agenda: City Manager recommends approval. A. AUTHORIZATION TO PROCEED WITH SMALL METER REPLACEMENT PROGRAM: Authorize staff to proceed with negotiations for bank financing in an amount not to exceed $3,513,306 for the small water meter replacement program, and approve Sensus Technologies, Inc. as the sole source provider for the purchase and installation of the equipment to implement the project. B. REQUEST FOR REDUCTION IN PAVEMENT WIDTH/CORAL TRACE: Approve a reduction in pavement width from 24 feet to 22 feet for the internal streets located within the duplex portion of Coral Trace subdivision, based upon positive findings. C. RELEASE AND TERMINATION OF OFF SITE PARKING AGREEMENT: Approve an Agreement and Mutual Release that terminates an Off Site Parking Agreement entered into by the City with Delray New Wave and Michael Weiner, as Trustee, for the use of ten Regular Commission Meeting April 20, 1999 (10) parking spaces. D. BAY STREET DEVELOPER'S AGREEMENT WITH IRONWOOD PROPERTIES: Approve an agreement with Ironwood Properties, Inc. for the devel6per's contribution of $51,955.00 toward the cost of water main and sewer infrastructure improvements associated with the Bay Street water, storm drain and road reconstruction project, in conjunction with Ironwood Properties' development of the Windsor Court Townhomes project on Bay Street. E. FINAL PAYMENT/MARINE ENGINEERING CONTRACTORS (FILTER DECK TILE REPLACEMENT AT WATER TREATMENT PLANT): Approve final payment in the amount of $7,805.72 to Marine Engineering Contractors, Inc. for completion of the filter deck tile replacement project at the Water Treatment Plant, with funding in the amount of $2,825.72 from 441-5143-536-46.10 (W&S Building Maintenance) and $4,980.00 from 441-5122-536-46.10 (Water Treatment & Storage/Building Maintenance). F. FUNDING SUBSIDIES UNDER THE DELRAY BEACH RENAISSANCE PROGRAM: Approve funding subsidies in the total amount of $44,000 for three (3) income eligible applicants under the Renaissance Program, with funding from 118-1924-554-83.01 (SHIP). G. RESOLUTION NO. 23-99: Approve a resolution assessing costs for abatement action associated with the demolition of an unsafe structure at 1101 S.W. 9th Avenue. H. RESOLUTION NO. 24-99: Approve a resolution assessing costs for abatement action necessary to remove junked and/or abandoned vehicles from four (4) properties within the City. I. RESOLUTION NO. 25-99: Approve a resolution assessing costs for abatement action necessary to remove nuisances from ten (10) properties throughout the City. J. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Land Development Boards for the period April 5th through April 16, 1999. K. CONSENT TO SUBLEASE/CHAMBER OF COMMERCE BUILDING: Approve a Consent to Sublease to allow the Chamber of Commerce to sublet two offices in the south end of the Chamber building at 64 S.E. 5th Avenue to the Alzheimer's Community Care Association. L. AGREEMENT WITH PBC HOUSING & COMMUNITY DEVELOPMENT/CONSULTANT SERVICES TO UPDATE 1994 AFFORDABLE HOUSING STUDY: Authorize staff to proceed with an agreement with the Palm Beach County -3- Regular Commission Meeting April 20, 1999 Department of Housing & Community Development for the procurement of professional consultant services to update the 1994 Affordable Housing Study (to include Delray Beach specific data and information) in the amount of $10,000.00 with funding from 118-1974-554-31.90 (Neighborhood Housing). 9. Regular Agenda: A. CRA REQUEST FOR REIMBURSEMENT FROM IN LIEU OF PARKING FUND: Consider a request from the Community Redevelopment Agency (CRA) for reimbursement in the amount of $25,181.01 from the in lieu of parking fund for construction of the additional 10 space parking lot in Block 76. B. SPECIAL ASSESSMENT DISTRICT FOR N.E. 2ND AVENUE BEAUTIFICATION: Consider the creation of a special assessment district for the street beautification of N.E. 2nd Avenue (Pineapple Grove Way) from Atlantic Avenue north to the first alley intersection (approximately 140 linear feet). C. RESOLUTION NO. 27-99 (MID-YEAR BUDGET ADJUSTMENT): Consider a resolution making mid-year adjustments to the adopted budget for FY 1999. D. SPECIAL EVENT REQUEST/ART & JAZZ ON THE AVENUE: Consider a request for special event approval for the May 13th Art & Jazz, including temporary use permits for street closures, staff support, use of City equipment, specified overtime costs, and use of pedi-cabs during the event. E. CONTRACT ADDITION (C.O. #i)/COLONNA CONSTRUCTION CO., INC. (BLOCK 20SCEOLA PARK ALLEY IMPROVEMENTS): Approve a contract addition (C.O. #1) in the amount of $23,355.00 with Colonna Construction Co., Inc., under the contract for sidewalk construction on the west side of A1A between Ingraham Avenue and Miramar Street, to include the Block 20sceola Park Alley Improvements project, with funding from 448-5411-538-63.90 (Stormwater Utility - Other Improvements). F. APPOINTMENT TO THE NUISANCE ABATEMENT BOARD: Appoint an alternate member to the Nuisance Abatement Board for a two year term ending March 31, 2001. The appointment will be made by Commissioner Randolph. G. APPOINTMENT TO THE HISTORIC PRESERVATION BOARD: Appoint a member to the Historic Preservation Board to fill an unexpired term ending August 31, 2000. The appointment will be made by Commissioner Randolph. -4- Regular Commission Meeting April 20, 1999 H. APPOINTMENT TO THE CIVIL SERVICE BOARD: Appoint a regular member to the Civil Service Board for a two year term ending April 1, 2001. The appointment will be made by Commissioner Schmidt. I. APPOINTMENT TO THE POLICE AND FIRE BOARD OF TRUSTEES: Appoint a public member to the Police and Fire Board of Trustees for a two year term ending April 22, 2001. The appointment will be made by Mayor Alperin. J. APPOINTMENTS TO THE AFFORDABLE HOUSING ADVISORY COMMITTEE (RESOLUTION NO. 22-99): Appoint six members to the Affordable Housing Advisory Committee, five for two year terms ending March 31, 2001 and one to fill an unexpired term ending March 31, 2000, and adopt Resolution No. 22-99. The appointments will be made by Commissioner Schmidt (Advocate for Low Income Persons), Commissioner Archer (Representative of Labor Engaged in Home Building), Commissioner Wright (Residential Building Representative), Commissioner Randolph (Citizen-at-Large), Mayor Alperin (Provider of Affordable Housing), and Commissioner Schmidt (Real Estate Professional). K. FUNDING REQUEST/PROJECT GRADUATION (OLYMPIC HEIGHTS): Consider a request for funding from Olympic Heights Community High School in support of Project Graduation 1999. L. EMERGENCY PURCHASE AWARD/PORTABLE FLOORING: Consider ratifying an emergency purchase award in the amount of $25,000 to Regency Party Rentals, Inc. for 10,000 square feet of portafloor, with funding from 334-4145-572-63.90 (General Construction Fund - Other Improvements). 10. Public Hearings: A. ORDINANCE NO. 14-99 (FIRST READING & TRANSMITTAL HEARING FOR COMPREHENSIVE PLAN AMENDMENT 99-1): Consider on first reading an ordinance adopting Comprehensive Plan Amendment 99-1, and authorize transmittal to the State Department of Community Affairs for review. Amendment 99-1 includes various text and exhibit changes as well as two amendments to the Future Land Use Map (FLUM), as follows: 1. Future Land Use Map amendment from Transitional to Open Space-Conservation for Delray Oaks Preserve, located at the northwest corner of Congress Avenue and S.W. 29th Street. -5- Regular Commission Meeting April 20, 1999 2. Future Land Use Map amendment removing the Large Scale Mixed Use Overlay for Delray's Lost Drive-In (fka Delray Swap Shop), located on the east side of North Federal Highway approximately 500 feet north of Allen Avenue. B. ORDINANCE NO. 15-99: An ordinance rezoning a parcel of land from R-1-A (Single Family Residential) to CF (Community Facilities) District for an expansion of Bar and Ferg's Academy, a private school facility. The subject property is located on the south side of Sterling Avenue, approximately 150 feet west of South Swinton Avenue, and contains 0.70 acres. QUASI-JUDICIAL PUBLIC HEARING 1. CONDITIONAL USE REQUEST/BAR AND FERG'S ACADEMY: Consider a request for conditional use approval to allow the establishment and expansion of a private elementary school for Bar and Ferg's Academy. The subject property is located on the south side of Sterling Avenue, approximately 150 feet west of South Swinton Avenue. QUASI-JUDICIAL PROCEEDING 11. Comments and Inquiries on Non-Agenda Items from the Public- Immediately following Public Hearings. A. City Manager's response to prior public comments and inquiries. B. From the Public. 12. First Readings: None 13. Comments and Inquiries on Non-Agenda Items. A. City Manager B. City Attorney C. City Commission -6- To: David T. Harden, City Manager From: JosephM. oa~u~~ Director Date: April 15, 1999 Subject: Commission Approval to Proceed with Meter Replacement Program We are asking City Commission approval to proceed with the negotiations of bank financing to finance a contract with Sensus Technologies, Inc., as the sole source provider, in order to provide for a small meter replacement program. Both the contract and the bank financing will be brought back to the City Commission for approval. The amount of bank financing and contract are not to exceed $3,513,306. Sensus Technologies, Inc. will be considered the sole source provider due to the following: Sensus has been previously approved by the City Commission as the sole source provider of small meters in the City of Delray Beach based upon previously submitted data. · The City of Delray Beach presently utilizes Sensus handheld computers, touchread wands, and computer software and this equipment can be utilized with the new meters thus effecting cost savings in the new acquisition. · The City of Delray Beach has 970 Sensus small meters installed and will only require retrofitting (not replacement) which is substantially less cost than full replacement thus effecting cost savings in the overall meter replacement program. · Sensus radioread meters have been approved by the Environmental Services Department based upon actual field tests of the three (3) major suppliers of radioread meters and contact with other users of both the radioread and touchread units. We would add the stipulation that our present City meter maintenance crew be used to install a minimum of 500 of these new touchread and radioread units for training purposes so that they are experienced in installing all subsequent units and are experienced in maintaining all installed units. As previously mentioned, both the final negotiated bank financing (not to exceed 1 O-year payback) and the final negotiated contract with Sensus Technologies, Inc. will be forwarded to the City Commission for approval at a subsequent date. Cc: Richard Hasko, Director of Environmental Services Barbara Schooler, Utilities Customer Service Manager Agenda Item No.: ~ AGENDA REQUEST Date: 04-15-99 Request to be placed on: X Regular Agenda Special Agenda Workshop Agenda When: 04-20-99 Description of agenda item (whQ, what, where, how much): Approval to proceed with negotiations of bank financin~ to finance a contract with Sensus TechnoloKies, Inc., as sole source provider for a small meter replacement program. The amount of bank financinE and contract will not exceed $3.513.306. The contract and bank financing will be brought back to City Commission for approval once finalized. ORDINANCE/ RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO Recommendation: Approval is recommended by the Director of Finance. Department Head Signature:--~~ // Determination of Consistency wi~h ~mprehensive Plam: City Attorney Review/ Recommendation (if applicable): n/a Budget Director Review (required on all items involving expenditure of funds): Funding available: YES/ NO Funding alternatives: (if applicable) Account No. & Description: Account Balance: City Manager Review: Approved for agenda: / NO Hold Until: Ag%nda Coordinator Review: Received: Action: Approved/Disapproved SUBJECT: MEETING OF APRIL 20, 1999 ****CONSENT AGENDA**** CONSIDERATION OF REDUCTION IN PAVEMENT WIDTH FROM 24' TO 22' FOR THE STREETS TO BE LOCATED WITHIN THE DUPLEX SECTION OF CORAL TRACE SUBDIVISION At its meeting of April 30, 1997, the Site Plan Review and Appearance Board approved site and development plans for the Coral Trace subdivision, a proposed 282 unit multiple family development. Concurrent with that action, the Board recommended to the City Commission approval to reduce the pavement width from 24' to 22' for the streets located within the duplex portion of the project. On May 20, 1997, the City Commission approved the reduction in pavement width concurrent with the approval of the final subdivision plat. On October 30, 1998, the site plan as well as the action on the reduction in pavement expired as the project was not established (25% of the total cost of all improvements to be used in developing the project have not been constructed). At its meeting of April 7, 1999, the Site Plan Review and Appearance Board re-approved the site and development plans for Coral Trace with a recommendation to the City Commission to again approve the reduction in pavement width. Pursuant to LDR 6.1.2(B)(3), the required pavement width for a local street is 24'. The development proposal is to provide 22' of pavement width for the streets located within the duplex section of the project. Pursuant to LDR Section 6.1.2(B)(3)(c), upon the recommendation of the City Engineer, and with the approval of the Fire Marshal, the City Commission may authorize a reduction in the minimum required width of paving if it is determined that the requirements of this subsection would not be feasible or would constitute a hardship in a particular instance and provided this reduction would not endanger public safety and welfare. With the original approval on April 30, 1997, the City Engineer supported the proposed reduction in pavement width. The reduced pavement width allows for larger swale areas in the right-of- ways, which can enhance water quality capabilities of the storm water management system and provide larger landscaped areas for the project. It is also noted that 22' is an acceptable standard in many other municipalities and Palm Beach County. The Fire Marshal had indicated that the reduced pavement width could create some problems with traffic circulation if cars are ~ity Commission Documentation Reduction in Pavement Width for Coral Trace Subdivision Page 2 allowed to park on the side of the street. To insure public safety and welfare of the residents, the homeowners association is to enforce a "no parking" requirement on the sides of the street. The recorded Homeowner Documents contain language regarding the no parking rule. Based on the above, it would be appropriate to once again grant a reduction in pavement width. At its meeting of April 7, 1999, the Site Plan Review and Appearance Board held a quasi-judicial hearing in conjunction with review of the site plan request. There was no one from the public who spoke on the item. After reviewing the staff report and discussing the proposal the Board voted 5-0 (Fowler and Smith absent) to approve the site and development plans for Coral Trace with a recommendation to the City Commission to approve a reduction in the pavement width from 24' to 22' for the streets located within the duplex portion of the project. By motion, grant a reduction in pavement width for the internal streets located within the duplex portion of Coral Trace subdivision from 24' to 22', based on a positive finding with LDR Section 6.1.2(B)(3)(c), Reduction in Paving Width. CiTY OF DELRrI¥ BEI:II:H CiTY ATTORNEY'S OFFICE ~oo ,,,~ ,,, ^~,~,,,,~,~. ,~,~,~,,^Y ,~,~^~., ,.o,,,,~^ TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755 Writer's Direct Line: (561) 243-7090 DELRAY BEACH AII.Am~ic~ City MEMORANDUM 'tll~: DATE: Aprill5, 1999 1993 TO: City Commission FROM: Jay T. Jambeck, Assistant City Attome~ SUBJECT: Release and termination of Off Site Parking Agreement. Attached is an Agreement and Mutual Release that terminates an Off Site Parking Agreement entered into by the City with Delray New Wave and Michael Weiner, as Trustee, for the use of ten (10) parking spaces. Delray New Wave, owner of the Tarrimore house, has entered into a contract for the purchase of six (6) parking spaces at the Block 60 Parking Condominium. As a result, the ten (10) spaces under the original agreemem are no longer required. If the Commission approves the Agreement and Mutual Release, and upon execution by the parties, the original agreement will be terminated and the parties will mutually release any claim which may have arisen under the original contract. Please place this item on the consent agenda for the April 20, 1999 City Commission meeting. Please let me know if you have any questions. Attachments cc: David T. Harden, City Manager Alison MacGregor Harty, City Clerk Diane Dominguez, Planning Director AGREEMENT AND MUTUAL RELEASE The City of Delray Beach, Florida, (" City"), a Florida municipal corporation, Delray New Wave, a Florida Partnership, and Michael S. Weiner, Trustee, ("Trustee"), enter into this Agreement and Release this ~ day of , 1999. WITNESSETH: WHEREAS, the City, Delray New Wave, and Trustee entered into an agreement dated November 18, 1992 (referred to herein as the "Contract") for the use of ten (10) parking spaces described in EXHIBIT "D" of the Contract; and, WHEREAS, Delray New Wave has entered into a contract to purchase six parking spaces at Block 60 Parking Condominium rendering the Contract unnecessary; and, WHEREAS, the parties mutually desire to cancel the Contract; and, WHEREAS, the parties desire to release each other from any obligations or liability, or both imposed by the Contract. NOW, THEREFORE, in forbearance of real and potential claims, suits and causes of action, and other good and valuable consideration, the sufficiency of which is hereby acknowledged the parties agree as follows: 1. Th~' recitations set forth above are hereby incorporated as if fully set forth herein. 2. The parties agree to cancel and terminate the Contract dated November 18, 1992. 3. The parties, upon meeting the terms of this Agreement, hereby mutually release each other from any and all claims, suits causes of action and any damages, costs, expenses whatsoever arising under the Contract. 4. This Agreement and Mutual Release, when executed by the parties, renders the Contract dated November 18, 1992 null and void. This Agreement and Mutual Release creates no new rights or obligations. 5. This Agreement constitutes the entire agreement between the parties and supersedes all prior verbal or written agreements. All interpretations of this Agreement shall be governed by the laws of the State of Florida. 6. The signatories hereto warrant and agree that they have the authority to execute this agreement and bind the parties thereto. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by its proper officers hereto duly authorized on the year and date first above written. CITY OF DELRAY BEACH, FLORIDA ATTEST: By: Jay Alperin, Mayor City Clerk Approved as to Form: City Attorney WITNESSES: DELRAY NEW WAVE By: (Name printed or typed (Name printed or typed) (Name printed or typed) STATE OF COUNTY OF The foregoing instrument was acknowledged before me this day of , 1999 by (name of officer or agent, title of officer or agent) of (name of corporation or other entity acknowledging). He/She is personally known to me or has produced (type of identification) as identification and did (did not) take an oath. Signature of Notary Public - State of Florida WITNESSES: TRUSTEE By: (Name printed or typed) (Name printed or typed) (Name printed or typed) STATE OF COUNTY OF The foregoing instrument was acknowledged before me this day of , 1999 by (name of officer or agent, title of 3 officer or agent) of (name of corporation or other entity acknowledging) He/She is personally known to me or has produced (type of identification) as identification and did (did not) take an oath. Signature of Notary Public - State of Florida NEW WAVE RELEASE.AGT 4 1599 THU 16:15 FAX 561 278 4755 DEL BCH CTY ATTY ~ 2~,,_ IMAGEOI: ~-97-.49725-1 10117/1997 10:47:22am Page 1 of 9 Th£e info--eat prepa by, \ 1992, by a~d bat~een Delr~y New Wave, a Flo=~a p~er~hip, whose Avenue, Delra~ 8each, Florida 3344~ ('True:es"), and The City of Delray Bench (the h~gla~AS. D~ is nhe owner of a pox, ion o~ certain real ~roperty el:ua,ed ill the County o~ Palm Beaoh. $~ate o~ Florida, ~, Trustee is ~e ~et of a portion of Florida more p~r=icul~l2 temc:~ed in ~ ~d ~de a ~, D~ and Tru~tea wi~h to ~ka provisions ~or ~h~ use of ~g~, for e~lana~ion and con.aLsace bu~ ~o[ ~ · pe~ifl~a!lg locate any buil~nga, mtructure~, ~prov~n:a o= the ~ea which includes the p~per=ies deeor~ed in ~ WHR~, it la ~he de~i,~a oi D~ and T~a~ee ~oz ~i~ ~lth lncegrati~ o(csrtaln c~on are~m for par~ng~ ~d ~E~, th~ p~r~len a~re~ ~ in.sEra, on c-~ c~n aroma ~or parking o~ll be at specific hours, ~o be agreed upon between pa~toe wbioh hours ohall include all houra the business on ~0~, TR~a~, In c~nmtde=ali~n of T~ R~S ($10,00) and other good a~d v~u~le conalde~ation, D~ and True.em hereby agree ae follows: 1. The reeL,arlene met ~o~h ~ove are incor~orated aa ~4 15 99 THU 16:49 FAX 561 278 47.~.~ DEL BCH CTY ATTY ~3 ]:M. AGE01 :=FL-97-49725-1 10/17/1997 10:47':22am '- Page 2 of 9 01~ 7502 Ps 766 fully set £o~th herein. 2. pNW hereb~ g~ants to ~rua~ ~he ri~h~ to uae and 3. D~ and T~s~ee hereby agree a~ follows~ clean and sa~i~a~ condition, ~ree ~rom all garage, ~ash, and debri~ ~nd pro=ids wha~ver ~in~ln~ce l~ Ta~uired th~n, lflclud~g bu= no% l~tod to asphalt repot or repaving, and B. Tru~t'ee shall not unrea~mbly obstruut, ~pede, 4. Bach pt~y shall, ~r~m ~e ~o t~' u~n a~ least l~=ed, changed or ~dl~ied u~less in ~riting, ~igned ~ all of the A~e~m~n~ is ~pprov~d by the Cit~ of Delray Beach, except sat forth in P~agraph 11, bml~. Thi~ Agzeemen~ shall be bin~ing as~l~, or h~ir~, ,s ~h~ uae~ ~y be. Thi~ Agr~en= ~y 6. Eac~ ~ar~y, excep= the City, ~hall pay all real Agreem~u~ shall ~n wi~h ghe lend and shall be bln~ng upon p=~y grantin~, m~ln~ or asm~n~ muoh ~am~en~ or ob~iga~ion, aud th~ bene~i~ of the o~her ~r=y hereto ~nd ins euaoemmorm, and mortgage~, and any lm~see, ~gnee o= mor=~agee, or p~r~ion thereo~, to have aee~d all. obligatio~a hereof ~her~to. ~4 1.~ 99 THU 16:49 FAX 561 '278 4755 DEL BCH CTY ATTY ..,~., IMAGE01: YL-97-49725-1 10/17/1997 10:47:22~ Page 3 of 9 01~ 7~02 P~ 767 continuing perforce, ~o ree~nd and reply ~o ~qu/riee wi~ln dec,eh=s, approval~ or e~un/eaC/ons called ~or under 9. True~e~ shall, and ~oea hereby ~gree =o, l~d~i~y ac=, on ~he party o~ .T~etee ~d/or i~l agents, ~loyaee or r,~ree~n=ativee, and fur=he= eh~l, and ~ee hereby =gze~ ~o, inde~ify ~nd hold D~ ha~leee fr~ and agaL~et any e~ lessee, cla~e, d~nds, coe~s and e~ensee to w~h D~ ~y ob~o~c any of the covenants, ~a~s, conditions and provisions hereof. 10. D~ and T~sCee a~ee tha~ the mind co~rie~ :he 10 long as th~ 10 p~king spaces ~e re~red by ~he o~e~ Of r~ire~, or =ha= other off-street parking facilities are provided by, ~ne owner of Parcel 12. This Agreement shall be zero.ed, and ghe exgenee of n4 15 99 THU 16:.51! FAX 561 278 4755 DEL B('H CTY ATTY [~-~ I:NIAGE01: FL-97-.49725-1 10/17/1997 10:47:22am Page 4 of 9 OR~ 7502 g~ 7~8 ax~e~e o/~ ~a~oz'dLIlg the ~N WI~8~ ~E~OF, the p~e~ h~e~o have axe~=~ed ~eeu pre.en~.fl~.~ aboveandvritt.n.a~fi~'~ ~het: ,e,l, ha~.~ ~ha day and year Printed S~qnaturo Printed ~ignature /' ~ ' Printed Signature . '~ 1,4 _1_.~ 99 THU 16:5o FAX 561 278 4755 I>EL BCIt £'TY ATTY [~m)6 IMAGE01 :. FL-9"/-49725-1 10/17/1997 10:47:22am Page 5 of 9 ST.3m~ off FLORID& ) My Comm. ~olree M~r~h RANOl TOM~KIN$ ~ ~ ~ ~ ' ~A~ OF ~ORIDA ) Cit~ ot Delrn~ aeae~, vho ~e pe~aonal~7 ~ oz w~ ,.L~ P~ as identifieatlo~dAd/dAd not t~ an o=th, ~4 1.~ 99 THl; 16:51~ FAX ~61 27g 1755 DEL BCH CTY ATTY ~''? IMAGE01: FL-97-49725-1 10/17/1997 10:47:22am Page 6 of 9 770 o~ Lot 16, ~loc~ 5~, ~ O~ DE~ ~C~, ~ccordtn~ ~h~ ~laC ~hereo~ on ~le in the Of[ice =he Circuit Co~ ~ and fur Palm Beach County, Florida, recorded In Plat Book 1, Pa~e 3. PLOS The Sou~h 5~.00 feet oi Lot lg, Block S9, TO~ Be~ch County, Florida, recorded in Pla= Book 1, accordinq =o =he Pla= thereof as recorded in Pla~ Book 1, ~aBe 3 of ~he Publi~ Records o~ Pa~ Baaoh County, =b~ south bounda~ o~ said Lo=, ~5.00 ~c~l ~hence ~ 44 degrees, 34 ~nu~e~, 12 ~onde Eas~, ]5.09 degrees, 51 ~nute8 35 ~econda East, ~ounaa~, 2S.0o ~eet :o the ~oin: cf beginning. EXHIBIT ,,~: lZ P9 TH!' 16:51 FAX 561 278 47S5 I)EL BCH CTY ATTY [~""'~ IMAGE01 :-FL--9749725-1 10/17/1997 I0:47:22am Page ? of 9 7502 Ps 77t l, ot ?, Block 60, ?o~n of D~lro~, Old School EXHIBIT ~4 1.~ 99 THU 16:S1 FAX $61 278 475S DEL B('H ('TY ATTY ~]ul)9 IM_~-GE01~: 'FL-9749725-1 10/17/1997 10:47:22am Page 8 of 9 ~ 1~ 99 THU 16:S1 FA% S61 278 4TS$ I>EL BCH CTY ATTY [~'~1, 12M.~GE01 :FL-97-49725-1 10/17/1997 10:47:22am Page 9 of 9 · ,'heu madl,~L EXHIBIT., ~ £1T¥ OF DELRI:I¥ BEI:II:H DFLRAY BEACH MEMORANDUM AII,An~rica ¢i~/ DATE: April 9, 1999 1993 FROM: Bfi~ Shu~, Assist~t City A~omey SUBJECT: Agreement with Ironwood Properties, Inc. This proposed agreement is being brought to the Commission at this time in order to allow the Developer, Ironwood Properties, Inc., to pay to the City $51,955.01ks its share of water main and sewer infrastructure improvements associated with its development on Bay Street. (see Exhibit"A" to the agreement for the location of the development). The City will have its contractor, Chaz Equipment Co., perform the water main installation, road reconstruction and storm drainage installation on Bay Street. Currently, there exists substandard water mains adjacent to the proposed development along Bay Street. A portion of the funds will be used to upgrade the water main. A portion of the funds shall also be used to install sewer service to the property from the City's sewer main. The rest of the funds shall be used for road repair, installation of curb and gutter, and installation of drainage inlets in the areas that were disturbed due to the construction of underground utilities required by the development. (see Exhibit "B", attached to the agreement for an exact cost breakdown). At the March 16, 1999 Commission meeting the Commission approved a change order to an existing contract with Chaz Equipment Co., for the reconstruction of Bay Street. This change order is contingent upon the execution of an agreement with the Developer. Approval of this agreement will allow the City's contractor to begin the necessary construction on the water and sewer upgrades and extensions for Bay Street. By copy of this memorandum to David Harden, our office requests that this item be placed on the April 20, 1999 City Commission agenda. Please call if you have any questions. cc: David Harden, City Manager Alison MacGregor Harty, City Clerk Randal Krejcarek, City Engineer BAY STREET DEVELOPER'S AGREEMENT TillS AGREEMENT entered into this '~ day of ~/:~.~x.~'/: , 190~", / by and between the CITY OF DELRAY BEACH, a Florida municipal corporation, (hereinafter referred to as CITY) and IRONWOOD PROPERTIES, INC. (hereinafter referred to as DEVELOPER), provide as follows: WHEREAS, a project called the Windsor Court Tow~fllomes, located on Bay Street, see Exhibit "A", is being developed; and WlIEREAS, there is currently substandard water infrastructure to service tile development; and WI1EREAS, the DEVELOPER is required to extend water mains and sewer service to the furthest boundary of tile development pursuant to L.D.R. Section 5.3.3(F); and WHEREAS, the DEVELOPER has agreed to contribute a certain amount of money to the CITY as its portion of extending the water main and sewer service infrastructure; and WHEF, EAS, the DEVELOPER is also required, as a condition of development, t,:, pay a portion of tile roadway restoration and drainage improvement costs associated with the development; and WHEPdg~AS, the CITY or its contractor shall construct water, sewer, drainage and roadway improvements to include not only the infrastructure the DEVELOPER needs but also infrastructure that extends beyond the development boundaries that will be utilized by the cYrY at some point of time in the future; and WHEREAS, the DEVELOPER is aware that the CITY awarded a contract to Chaz Equipment CContractor"), for the construction of the water, sewer, drainage and roadway improvements on Bay Street. NOW, THEREFORE, in consideration of the ~nutual covenants and undertakiugs set forth herein and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the DEVELOPER and CITY hereby agree as follov~s: 1. The above-stated recitals are incorporated herein as if fully set forth herein. 2. Pursuant to L.D.R. Section 5.3.3(F) a developer must extend water and sewer mains to the furthest boundary of the development. 3. DEVELOPER, shall pay to the CITY a sum of $51,955.00 prior to the CITY commencing construction of the water, sewer, drainage and roadway improvements as set forth on Exhibit "B". The DEVELOPER shall pay the sum of $51,955.00 to the CITY within 15 days of the execution of this Agreement by the CITY. 4. If the CITY fails to construct the improvements set forth in Exhibit "B" as a result of the DEVELOPER'S failu~'e to pay the sum of $51,955.00 to the CITY, and damages a~e claimed agai~st the CITY by its Contractor, then the DEVELOPER shall become liable for the payment of any damages claimed against the CITY by its Contractor up to $51,955.00. 5. Any clai~ns, lawsuits or disputes that may arise under this Agreement shall be governed by the Laws of Florida, with venue in Pahn Beach County, Florida. 6. This Agreement constitutes the entire agreement and understanding of the parties, as it pertains to the construction or installation of water, sewer, drainage and roadway i~nprovements. There are no representations or understandings of any kind not set forth herein. Any amendments to this Agreement must be in writing and executed by both parties. IN WITNESS WHEREOF, the parties hereto have entered into this Agreement as of the day and year first above written. ATTEST: CITY OF DELRAY BEACH By: City Clerk Mayor, Jay Alperin Approved as to Form: /kd,,.City Attorney WITNESSES' IRONW/~PROPERTIES INC. (Name Priuted or Typed) Title: ~ (Na(ne Prin'(~d or Typed5 STATE OF .~ ~.~, re-~ ,/ , The foregoing instrument was acknowledged before me this / day of ~ c~' c~_~ , 199~, by ~H~.7 ~L, ~t~/~,>d , as (name of officer or agent~ title of officer or_ageut), of ~222/~'~ ~,>e-.~.¥%:/~ a~ (name of corporation acknowledging), a /-d~'<'~ ~)/' (state or place of incorporation) corporation, on behalf of the EXHIBIT A I I~o~^~-I^MII ^v-~. / OCEAN TERR. ~ ~,~ NASSAU ST. La BAY ST. ~-~o z I~'//////~L ~ o < ~...THIS > -- % ~ PROJECT ca z z LANGER z ~ )> o CAS UAl:? I IqA IR D. LOCATION MAP N.I .S. MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: ~ITY MANAGER SUBJECT: AGENDA ITEM ~'~ - REGULAR MEETING OF APRIL 20, 1999 FINAL PAYMENT/MARINE ENGINEERING CONTRACTORS, INC. (FILTER DECK TILE REPLACEMENT AT WATER TREATMENT PLANT) DATE: APRIL 15, 1999 This is before the Commission to approve final payment in the amount of $7,805.72 to Marine Engineering Contractors, Inc. for completion of the filter deck tile replacement project at the Water Treatment Plant. The work has been inspected by staff and approved for acceptance and final payment. Funding in the amount of $2,825.72 will be from 441-5143-536- 46.10 (Water & Sewer Building Maintenance), with $4,980.00 from 441-5122-536-46.10 (Water Treatment & Storage/Building Maintenance). Recommend approval of final payment to Marine Engineering Contractors, Inc. ref:agmemol8 Agenda Item No.: AGENDA REQUEST Date: April 15, 1999 Request to be placed on: X Regular Agenda ~ Special Agenda ~ Workshop Agenda When: April 20,1999 Description of item (who, what, where, how much):). Attached for Commission approval is an agenda request for final payment to Marine Engineering Contractors, Inc. in the amount of $7,805.72 for the above referenced Project. A Contractor Evaluation is attached for your review. Funding Source is 441-5143-536-46.10 (Building Maintenance)for $2,825.72; and441- 5122-536-46.10 (WTP Building Maintenance) for $4,980.00. ORDINANCE/RESOLUTION REQUIRED: YES/NO DRAFT ATTACHED YES/NO Recommendation: Staff Recommends appeal of final payment to Marine Engineering // Contractors, Inc. Department Head Signature: -/~ ~'~ Determination of Consistency with Comprehensive Plan: City Attorney Review/Recommendation (if applicable): Budget Director Review ~l~ired on all items involving expenditure of funds): Funding available:(YES)NO Funding alternative's-~ (if applicable) / Account No. & Description ~//-//.-,.5/~/3 -~-3~ - ~, /0- ~8 -~J~,~/~/~/~-~ Account Balance ~/- ~1~3 -~.~- ~Vb - ~ ~' ~ ,/~1-~-I~ ~ .-~- ~ Approved for agenda:~E~NO Hold Until: ~ ~ Agenda Coordinator Review: Received: Placed on Agenda: A~ion: Approved/Disapproved /agen9612.doc Memorandum To: David T. Harden, City Manager From: Howard Wight, Dep Dir Construction Date: April 15, 1999 Re: Filter Deck Tile Replacement (~ Water Treatment Plant (PN 98-22) Final Payment Request Attached for Commission approval is an agenda request for final payment to Marine Engineering Contractors, Inc. in the amount of $7,805.72 for the above referenced Project. A Contractor Evaluation is attached for your review. Funding Source is 441-5143-536-46.10 (Building Maintenance) for $2,825.72; and 441- 5122-536-46.10 (w'rP Building Maintenance) for $4,980.00. File: Memo to City Manager 98-22A :finalpay WARRANTY OF TITLE STATE OF FLORIDA COUNTY OF PALM BEACH Paul S. Pe_fley. Jr. being ftrst duly sworn, deposes and says as follows: He is President of Marine Engineering Contractors. Inc., a Florida Titl~ N.m* of Corpor~o~ or l~in~ corporation which is named in Construction Contract dated the 2nd., day of Mar. ch..199,8 between said corporation as the CONTRACTOR and the CiO, of Delr~_ Beach, Florida as the OWNER, for the construction of Filter Deck Tile Replacement at Water Treatment Plant, and Affiant is authorized to make this Affidavit as, or in behalf of, the Contractor as named above. Title to all work, materials and equipment covered by the attached Periodical Estimate for Payment dated Februa~_ 11, .1999, passes to the Owner at the time of payment free and clear of all liens, and all laborers, materialman and subcontractors have been paid for performing or furnishing the work, labor or materials upon said Contract work covered by the aforesaid Periodical Estimate of Payment. This statement under oath is Section 713.06 Sworn to and subscribed before me My Commission Expires: END OF SECTION WOT-1 FINAL RELEASE,OF LIEN STATE OF FLORIDA COUNTY OF PALM BEACH Paul S. Pefle¥, Jr. being first duly sworn, deposes and says as follows: 1. That He is President of Marine Engin. eering Contractors, Inc., a Florida corporation which is named in Contract Performance Bond dated the 26th day of Februa~, !998, between said corporation as the CONTRACTOR and the City of Delray Beach, Florida as the OWNER, for the construction of"Filter Tile Deck Replacement at Water Treatment Plant, Project No. 98-01". Said Affiant is duly authorized to make this Affidavit as, or on behalf of said Contractor as hereinabove indicated and does hereby give statement under oath in compliance with and pursuant to Section 713.06 Florida Statutes/latest amendment. 2. That the work called for the above and foregoing Contract has been completed and that all ct.editors contracting directly with or directly employed contractors, materiaimen and suppliers, and all other creditors performing or furnishing any work, labor or materials upon said Contrac~n~rk, td that there are no unpaid creditors in connection therewith. ~x'x',X ~/~x% Sworn to and subscribed before me this 11th day of February, ,199,9 My Commission Expires: II ;LI m,~8: F~ 3. ~0~ Ii Memorandum TO: David Harden, City Manager THRU: Lula Butler, Director, Community Improvement Departmen/~5) FROM: Charles Bender, Coordinator, Community Development Division DATE: April 12, 1999 SUBJECT: Delray Beach Renaissance Program Subsidy Request ITEM BEFORE THE COMMISSION City Commission authorization and approval to issue subsidy to three eligible applicants under the Delray Beach Renaissance Program. BACKGROUND The Delray Beach Renaissance Program Memorandum of Understanding was approved by the City Commission on January 23, 1996. In partnership with the Delray Beach Community Development Corporation, the TED Center, the Community Redevelopment Agency, the Community Financing Consortium, the Federal Home Loan Bank of Atlanta and the Delray Beach Housing Authority, we are committed to providing homeownership opportunities to 80 homebuyers through new construction and acquisition/rehab beginning October 1, 1995 through September 30, 1998. An agreement to extend the program for one additional year has been approved by all partners and the City Commission. The Partnership is currently operating under the parameters of this extended agreement. Each potential homebuyer is required to attend a homebuyers seminar sponsored by the Community Financing Consortium, Inc., the Renaissance Program's partner and first mortgage lender. The seminar includes training and information on financial planning, credit and borrowing, budgeting, fair housing issues, mortgage and closing costs and a comprehensive glossary of real estate terms. The Grant is secured by a Promissory Note/Second Mortgage approved by the City Attorney and requires the applicant to maintain ownership/residence for a specified period according to the amount of the Grant. Grant amounts less than $15,000 per unit are forgiven at a rate of 20% per year for a period of 5 years and Grant amounts equal to or greater than $15,000 but less than $25,000 per unit are forgiven at a rate of 10% per year for 10 years. RECOMMENDATION Staff is recommending City Commission approval to fund subsidy for the three eligible applicants of the following property: Lot 18, Block 6, Silver Terrace/$14,000 Lot 8, Block 2, Silver Terrace/$12,000 Lot 25, Paradise Heights/$18,000 s:\commun~renprg\comagend.doc AGENDA REQUEST ~//~'~ Request to be placed on: Date: April 12, 1999 __ Regular Agenda Special Agenda __ Workshop Agenda xxxx Consent Agenda When: April 20, 1999 Description of item · Authorization and approval to issue subsidy to three eligible applicants under the Delray Beach Renaissance Program totaling $44,000.00. ORDiNANCE / RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO Recommendation: Staff recommends approval of subsidy awards. Funds are to be awarded from the State Housing Initiatives Partnership (SHIP) Program. SHIP Total $ 44,000.00 Account# 118-1924-554-83.01 Department Head Signature: ~~ City Attorney Review/Recommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): Funding Available: Funding Altematives:~ ~~ ~v~ ~ ~ .(if applicable) Account No. & Description: ~ ~ ~ 0 ~ ~ City Manager Review: Approved for Agenda:~O ~ Hold Until: Agenda Coordinator Review: Placed on Agenda: ~~ 0 Action · ApproveWDisapproved s:\commun- 1 \cdXrenprgm\agenrequ.doc DELRAY BEACH RENAISSANCE PROGRAM SUBSIDY REQUEST BREAKDOWN NEW CONSTRUCTION YES CENSUS TRACT 65.02 NAME Sidney Narin PROPERTY ADDRESS xxx Miami Blvd., Delra¥ Beach LEGAL DESCRPTION Lot 18 & S. half of Lot 19, Block 6 Silver Terrace % OF AREA MEDIAN HOUSEHOLD INCOME 41 # IN HOUSEHOLD COST OF CONSTRUCTION $88,250 COsT OF LOT $16,500 PROJECT/SUBSIDY BREAKDOWN FIRST MORTGAGE $ 90,000.00 Community Finance Consortium RATE 6.25 % LTV 86 % SECOND MORTGAGE $ City of Delra¥, HOME $ 14,000.00 City of Delra¥, SHIP $ CRA of Delra¥ $ 3,000.00 Housing Authority THIRD MORTGAGE $ Federal Home Loan Bank GRANT $ HTF "A" APPLICANT FUNDS Pre-paids $ 305.00 Escrowed $ 500.00 Paid at closing $ 3,649.00 TOTAL TRANSACTION $111~454.00 s:\commun~renprgXsubrest, doc DELRAY BEACH RENAISSANCE PROGRAM SUBSIDY REQUEST BREAKDOWN NEW CONSTRUCTION YES CENSUS TRACT 65.02 NAME Banes Alfred & Jocelyn Jean PROPERTY ADDRESS 112 Central Avenue, Delray Beach LEGAL DESCRPTION Lot 8, Block 2 Silver Terrace % OF AREA MEDIAN HOUSEHOLD INCOME 37 # IN HOUSEHOLD 7 COST OF CONSTRUCTION $81,500 COST OF LOT $12,500 PROJECT/SUBSIDY BREAKDOWN FIRST MORTGAGE $ 73,000.00 Community Finance Consortium RATE 6.725 % LTV 78 % SECOND MORTGAGE $ Ci_ty of Delray, HOME $ 12,000.00 City of Delray, SHIP $ CRA of Delray $ 2,000.00 Housing Authority THIRD MORTGAGE $ 6,000.00 Federal Home Loan Bank GRANT $ HTF "A" APPLICANT FUNDS Pre-paids $ 305.00 Escrowed $ Paid at closing $ 4,581.00 TOTAL TRANSACTION $ 97~886.00 s:\communXrenprgksubrest, doc DELRAY BEACH RENAISSANCE PROGRAM SUBSIDY REQUEST BREAKDOWTq NEW CONSTRUCTION YES CENSUS TRACT 65.02 NAME Peggy Hankerson PROPERTY ADDRESS xxx NW 7m Avenue, Delra¥ Beach LEGAL DESCRPTION Lot 25 Paradise Heights % OF AREA MEDIAN HOUSEHOLD INCOME 65 # IN HOUSEHOLD 2 COST OF CONSTRUCTION $77,050 COST OF LOT $9,000 PROJECT/SUBSIDY BREAKDOWN FIRST MORTGAGE $ 65,000.00 Community_ Finance Consortium RATE 6.50 LTV 76 % SECOND MORTGAGE $ Ci_ty of Delray, HOME $ 18,000.00 Ci_ty of Delray, SHIP $ CRA of Delray $ 2,000.00 Housing Authority THIRD MORTGAGE $ Federal Home Loan Bank GRANT $ HTF "A" APPLICANT FUNDS Pre-paids $ 405.00 Escrowed $ 100.00 Paid at closing $ 4,847.00 TOTAL TRANSACTION $90~352.00 s:\communXrenprg~subrest.doc MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER~ SUBJECT: AGENDA ITEM ~.~'. - REGULAR MEETING OF APRIL 20, 1999 RESOLUTION NO. 23-99 DATE: APRIL 14, 1999 This is a resolution assessing costs for abatement action associated with the demolition of an unsafe structure at 1101 S.W. 9th Avenue. The resolution sets forth the actual costs incurred and provides the mechanism to attach a lien against the property in the event the assessment remains unpaid. Recommend approval of Resolution No. 23-99. ref:agmemol3 RESOLUTION NO. 23-99 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PURSUANT TO ARTICLE 7.8, "UNSAFE BUILDINGS", OF THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH, ASSESSING COSTS FOR ABATEMENT ACTION REGARDING AN UNSAFE BUILDING ON LAND(S) LOCATED WITHIN THE CITY OF DELRAY BEACH; SETTING OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH ABATEMENT AND LEVYING THE COST OF SUCH ACTION; PROVIDING FOR AN EFFECTIVE DATE AND FOR A DUE DATE AND INTEREST ASSESSMENTS; PROVIDING FOR THE RECORDING OF THIS RESOLUTION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE SUBJECT PROPERTY FOR UNPAID ASSESSMENTS; PROVIDING FOR THE MAILING OF NOTICE. 'WHEREAS, .the Building Official or his designated representative has, pursuant to Article 7.8 of the Land Development Regulations, declared the existence of an unsafe building upon certain lots or parcels of land, described in the list attached hereto and made a part hereof, for violation of the building codes and building requirements adopted by Article 7.8 and those Codes adopted in Chapter 96 of the Code of Ordinances; and, WHEREAS, pursuant to Article 7.8 of the Land Development Regulatiohs of the City of Delray Beach, the Building Official or his designated representative has inspected said land(s) and has determined that an unsafe building existed in accordance with the standards set forth in Article 7.8 and/or Chapter 96 of the Code of Ordinances, and did furnish the respective owner(s) of the land(s) described in the attached list with written notice of unsafe building and detailed report of conditions and notice to vacate as the Building Official determined that the building was manifestl~ unsafe and is considered a hazard to life and public welfare pursuant to Article 7.8 of the Land Development Regulations, describing the nature of the violations and sent notices that the building was to be vacated and that the building was to be repaired or demolished; work must be begun within sixty (60) days and all work must be completed within such time as the Building Official determines, said notice also advised that all appeals must be filed within thirty (30) days from the date of service of the notice and failure to file an appeal or to make the repairs required that the Building Official ~ould have the authority to have the building demolished from the date of the said notice; and, WHEREAS, all the notice requirements contained within Article 7.8 have been complied with; and, WHEREAS, neither an appeal to the Board of Construction Appeals or corrective action was undertaken in accordance with the order of the Chief Building Official; therefore pursuant to Article 7.8 of the Land Development Regulations the Building Official caused the abatement action to be done; and, WHEREAS, the City.~Manager of the City of Delray Beach has, pursuant to Section 7.8.11 of the Land Development Regulations of the City of Delray Beach, submitted to the City Commission a report of the costs incurred in abating said condition as aforesaid, said report indicating the costs per parcel of land involved; and, WHEREAS, the City Commission of the City of Delray Beach, pursuant to Article 7.8 of the Land Development Regulations desires to assess the cost of said condition against said property owner(s). NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY' BEACH, FLORIDA, AS FOLLOWS: Section 1. That assessments in the amount of as shown by the report of the City Manager of the City of Delray a copy of which is attached hereto and made a part hereof, are hereby levied against the parcel(s) of land described in said report and in the amount(s) indicated thereon. Said assessments so levied shall, if not paid within thirty (30) days after mailing 6f the notice described in Section 7.8.11 become a lien upon the respective lots and parcel(s) of land described in said report, of the same nature and to the same extent as the lien for general city taxes and shall be collectible in the same manner and with the same penalties and under the same provisions as to sale and foreclosure as City taxes are collectible. Section 2. That such assessments shall be legal, valid and binding obligations upon the property against which said assessments are levied. Section 3. That the City Clerk of the City of Delray Beach is hereby directed to immediately mail by certified mail, postage prepaid, return receipt requested, to the owner(s) of the property, as such ownership appears upon the records of the County Tax Assessor, notice(s) that the City Commission of the City of Delray Beach has levied an assessment against said property for the cost of abatement action regarding an unsafe building by the I! thirty (30) days after the mailing date Of said r~OtiCe Of assessment, after which a lien shall be placed on said property, and interest will accrue at 2 Res. No. 23-99 the rate of six percent (6%) per annum, plus reasonable attorney's fees and other costs of collecting said sums. Section 4. That this resolution shall become effective thirty (30) days from the date of adoption and the assessment(s) contained herein shall become due and payable thirty (30) days after the mailing date of the notice of said assessment(s), after which a lien shall be placed on said property(s), and interest shall accrue at the rate of six percent (6%) per annum plus reasonable attorney's fee and other costs of collection. Section 5. That in the event that payment has not been received by the City Clerk within thirty (30) days after the mailing date of the notice of assessment, the City Clerk is hereby directed to record a certified copy of this resolution in the public records of Palm Beach County, Florida, and upon the date and time of recording of the certified copy of this resolution a lien shall become effective on the subject property which shall secure the cost of abatement, interest at the rate of 6%, and collection costs including a reasonable attorney's fee. PASSED AND ADOPTED in regular session on this the day of ~¥OR ~TTEST: City Clerk 3 Res. No. 23-99 CITY OF DELRAY BEACH UNSAFE BUILDING/STRUCTURE NOTICE OF ASSESSMENT TO: ,, Irene LmRnek et nl ADDRESS: 3064 Angler Drive, Delray Beach, F1 33445 PROPERTY: 1101 SW 9th Avenue, Delray Beach, F1 33444 LEGAL DESCRIPTION: W½ of 'Lot 1 and N19' of W½ of Lot 2, Block 1, Strickland subdivision accordin~ to Plat Book 23, Pa~e 173 of the official records of Palm Beach County, FL, You, as the record owner, of, or holder of an interest in, the above described property are hereby advised that a cost of $4,062.73 by resolution of the City Commission of the City of Delray Beach, Florida, dated .. , 19.99, has been levied against the above described property. The costs were incurred as a result of an abatement action regarding the above described property. You were given notice on 9-].4-98 .that the Chief Building Official had determined that a building/structure located on the above described property was unsafe. You were advised in that notice of the action that would be taken to remedy that unsafe condition and that the action would be initiated by the City if you failed to act. x You failed to appeal the decision of the Chief Building Official to the Board of Construction Appeals although you were informed of your right to an appeal and of the procedures for obtaining an appeal. You have also failed to take the corrective action required in the Notice of Unsafe Building/Structure. You appealed the decision of the Chief Building Official to the Board of Construction Appeals. You were given written notification on that you were required to take the corrective action requ. ired by the decision of the Board of Construction Appeals within a stated period of time. You failed to take the action as required by the order of the Board of Construction Appeals. You appealed the decision of the Chief Building Official to the Board of Construction Appeals on The Board of Construction upheld the decision of the Chief Building Official. 4 Res. No. 23-99 The City of Delray Beach has therefore taken remedial action to remove the unsafe condition existing on the above described property on 3-22-99 at a cost of $4.062,73 which includes a ten percent (10%) administrative fee. If you fail to pay this cost within thirty (30) days, that cost plus additionaK'administrative and recording costs shall be recorded in the official Records of Palm Beach County, Florida against the above described property. THE CITY MAY ENFORCE THE ASSESSMENT BY EITHER AN ACTION AT LAW OR FORECLOSURE OF THE LIEN, WHICH SHALL BE FORECLOSED IN THE SAME MANNER AS MORTGAGES ARE FORECLOSED UNDER STATE LAW. IN EITHER TYPE OF ACTION, THE CITY SHALL BE ENTITLED TO INTEREST AT THE RATE OF 8% FROM THE DATE OF 'ASSESSMENT, COLLECTION COSTS, AND REASONABLE ATTORNEY'S FEES. SUCH LIENS SHALL BE ON A PARITY WITH GENERAL CITY TAXES AND SHALL HAVE PRIORITY OVER ALL OTHER LIENS AND ENCUMBRANCES, INCLUDING MORTGAGES. Copies of all notices referred to in this notice are available in the office of the Chief Building Official. BY ORDER OF THE CITY COMMISSION City Cierk 5 Res. No. 23-99 MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER~ SUBJECT: AGENDA ITEM ~.~'- REGULAR MEETING OF APRIL 20, 1999 RESOLUTION NO. 24-99 DATE: APRIL 14, 1999 This 'is a resolution assessing costs for abatement action necessary to remove junked and/or abandoned vehicles from four (4) properties within the City. The resolution sets forth the actual costs incurred and provides the mechanism to attach liens against the properties in the event the assessments remain unpaid. Recommend approval of Resolution No. 24-99. ref:agmemol4 RESOLUTION NO. 24-99 A RESOLL~fION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PURSUANT TO CHAPTER 90 OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, ASSESSING COSTS FOR ABATING NUISANCES BY REMOVING JIINFd~D AND/OR ABANDONED VEHICLES WITHIN THE CITY OF DELRAY BEACH; SETTING OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH ABATEMENT AND LEVYING SAID COSTS; PROVIDING FOR AN EFFECTIVE DATE AND FOR A DUE DATE AND INTEREST ON ASSESSMENTS; PROVIDING FOR THE RECORDING OF THIS RESOLUTION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE SUBJECT PROPERTY FOR UNPAID ASSESSMENTS; PROVIDING FOR THE MAILING OF NOTICE OF LIEN. WHEREAS, the City Manager or his designated representative has, pursuant to Chapter 90 of the Code of Ordinances, removed junked and/or abandoned vehicles owned by persons described in the list attached hereto and made a part hereof, for violation of the provisions of Chapter 90 of the Code of Ordinances; and, .WHEREAS, pursuant to Chapter 90 of the Code of Ordinances of the City of Delray Beach, the City Manager or his designated representative has determined that a nuisance existed in accordance with the standards set forth in Chapter 90 of the Code of Ordinances, and did furnish the respective owner(s) of the land(s) described in the attached list with written notice of public nuisance pursuant to Sections 90.02 and 90.03 of the Code of Ordinances; and, WHEREAS, the property owner(s) named in the list attached hereto and made a part hereof did fail and neglect to remove said junked and/or abandoned vehicles, and thus failed to abate the nuisance(s) or to properly request a hearing pursuant to Chapter 90 within the time limits prescribed in Chapter 90 of the Code of Ordinances, or if the property owner(s) did request and receive a hearing, said property owner(s) failed and/or neglected to abate such nuisance(s) as required by Chapter 90 of the Code of Ordinances; and, WHEREAS, the City of Delray Beach, through the City Administration or such agents or contractors hired by the City Administration was therefore required to and did remove said junked and/or abandoned vehicles owned by persons described in the list attac~ed and made a part hereof and incurred costs in abating the subject nuisance(s); and, WHEREAS, the City Manager of the City of Delray Beach has, pursuant to Chapter 90 of the Code of Ordinances of the City of Delray Beach, submitted to the City Commission a report of the costs incurred in abating said nuisance(s) as aforesaid; and, .WHEREAS, the City Commission of the City of Delray beach, pursuant to Chapter 90 of the Code of Ordinances desires to assess the cost of said nuisance(s) against said property owner(s), NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF T~E CITY OF DELRAY BEACh, FLORIDA, AS FOLLOWS: Section 1. That assessments in the individual amounts as shown by the report of the City Manager of the City of Delray Beach, involving the City's cost of abating the aforesaid nuisances a copy of which is attached hereto and made a part hereof, are hereby levied against the parcel(s) of land described in said report and in the amount(s) indicated thereon. Said assessments so levied shall, if not paid within thirty (30) days after mailing of the notice described in Section 3, become a lien upon the respective lots and parcel(s) of land described in said report, of the same nature and to the same extent as the lien for general city taxes and shall be collectible in the same manner and with the same penalties and under the same provisions as to sale and foreclosure as City taxes are collectible. Section 2. That such assessment shall be legal, valid and binding obligations upon the property against which said assessments are levied. Section 3. That the City Clerk of the City of Delray Beach is hereby directed to immediately mail by first class mail to the owner(s) of the property, as such ownership appears upon the records of the County Tax Assessor, notice(s) that the City Commission of the City of Delray Beach on the has levied an assessment against said property for the cost of abatement of said nuisance by the City, and that said assessment is due and payable within thirty (30) days after the mailing date of said notice of assessment,, after which a lien shall be placed on said property, and interest will accrue at the rate of 8% per annum, plus reasonable attorney's fees and other costs of collecting said sums. Section 4. That this resolution shall become effective thirty (30) days from the date of adoption and the assessment(s) containedherein and shall become due and payable thirty (30) days after the ~iling date of the notice of said assessment(s), after which a lien shall be placed on said property(s), and interest shall accrue at the rate of eight (8) percent per annum plus, if collection proceedings, are necessary, the costs of such proceedings including a reasonable attorney's fee. Section 5. That in the event that payment has not been received by the City Clerk within thirty (30) days after the mailing date of the notice of assessment, the City Clerk is hereby directed to record a certified copy of this resolution in the public records of Palm Beach County, Florida, and upon the date and time of recording of the certified copy of this resolution a lien shall become effective on the subject property which shall secure the cost of abatement, interest at the rate'of 8%, and collection costs including a reasonable attorney's fee. Res.No. 24-99 2 Section 6. That at the time the City Clerk sends the certified copy of this resolution for recording, a notice of lien, in the form of prescribed in Section 90.06 of the Code of Ordinances, shall be mailed to the property owner. PASSED AND ADOPTED in regular session on this the day of , 1999. MAYOR ATTEST: City Clerk Res.No. 24-99 COST OF ABATING NUISANCES UNDER CHAPTER 90 OF THE CODE OF ORDINANCE PROPERTY DESCRIPTION OWNER t ASSESSMENT ATLANTIC PARK GARDENS, DELRAY, LOT 20, MARTHA ALEXANDER & BLOCK 2, PB 15, P 56, PUBLIC RECORDS OF PALM JACQUELINE D. ALEXANDER BEACH COUNTY, FL 45 SW 13TH AVENUE (45 SW 13TH AVENUE) DELRAY BEACH, FL 33444 $ 20.00 $ 15.00 ,ADM. FEE GOLF PARK, LOT 9 (LESS S 16 FT OF W45 FT & S 14 WOODBROOKE CONDO IFT OF E 71.54) BLOCK 1, PB 26, P 141 ASSOC, INC. '(941 SW 20TH COURT) GREGORY A. VARNER, PRES 929 SW 20TH COURT DELRAY BEACH, FL 33445 $ 20.00 $ 15.00 ADM.FEE SUB 17-46-43, E 100 FT OF W275 FT OF S 134 FT OF DELRAY BLUES, INC. S 1/4 OF LOT 10 (LESS E 10 FT R/W & ST 806 R/W) & 909 WEST ATLANTIC AVE. S 45 FT OF N 189.3 FT OF E 124.8 FT OF W 274.8 FT DELRAY BEACH, FL 33444 OF S 1/4 OF LOT 10 (LESS E 10 FT R/W) PB 1, P 3, PUBLIC RECORDS OF PALM BEACH COUNTY, FL (909 WEST ATLANTIC AVE.) $ 20.00 $ 15.00 tADM.FEE SUB 17-46-43, S 50 FT OF N 100 FT OF W 135 FT OF ~ARVIDDIA MITCHELL E 285 FT OF S 1/2 OF N 1/2 OF LOT 6, PB 1, P 3, CIO E. J. WRIGHT .PUBLIC RECORDS OF PALM BEACH COUNTY, FL 106 NW 12TH AVENUE (VACANT LOT 3/121 NW11THAVE.) DELRAYBEACH, FL33444 $ 20.00 $ 15.00 ADM.FEE VIOLATION IS: SECTION 90.03 - STORING, PARKING OR LEAVING WRECKED OR INOPERABLE MOTOR HAZARDS; DECLARED NUISANCE. 4 Res. No. 24-99 MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER~)~ SUBJECT: AGENDA ITEM ~.~' - REGULAR MEETING OF APRIL 20, 1999 RESOLUTION NO. 25-99 DATE: APRIL 14, 1999 This is a resolution assessing costs for abatement action requited to remove nuisances on ten (10) properties throughout the City. The resolution sets forth the actual costs incurred and provides the mechanism to attach liens against the properties in the event the assessments remain unpaid. Recommend approval of Resolution No. 25-99. ref:agmemol2 RESOLUTION NO. 25-99 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PURSUANT TO CHAPTER 100 OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, ASSESSING COSTS FOR ABATING NUISANCES UPON CERTAIN LAND(S) LOCATED WITHIN THE CITY OF DELRAY BEACH AND PROVIDING THAT A NOTICE OF LIEN SHALL ACCOMPANY THE NOTICE OF ASSESSMENT; SETTING OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH ABATEMENT AND LEVYING THE COST OF SUCH ABATEMENT OF NUISANCES; PROVIDING FOR AN EFFECTIVE DATE AND FOR A DUB DATE AND INTEREST ON ASSESSMENTS; PROVIDING FOR THE RECORDING OF THIS RESOLUTION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE SUBJECT PROPERTY FOR UNPAID ASSESSMENTS. WHEREAS, the City Manager or his designated representative has, pursuant to Chapter 100 of the Code of Ordinances, declared the existence of a nuisance upon certain lots or parcels of land, described in the list attached hereto and made a part hereof, for violation of the provisions of Chapter 100 of the Code of Ordinances; and, WHEREAS, pursuant to Section 100.20, 100.21 and 100.22 of the Code of Ordinances · of the City of Delray Beach, the City Manager or his designated representative has inspected said land(s) and has determined that a nuisance existed in accordance with the standards set forth in Chapter 100 of the Code of Ordinances, and did furnish the respective owner(s) of the land(s) described in the attached list with written notice of public nuisance pursuant to Sections 100.20, 100.21 and 100.22 of the Code of Ordinances describing the nature of the nuisance(s) and sent notice that within ten (10) days from the date of said notice forty-two (42) days in the case of violation of Section 100.04 pertaining to seawalls) they must abate said nuisance, or file a written request for a hearing to review the decision that a nuisance existed within ten {10) days from the date of said notice, failing which the City of Delray Beach would proceed to correct this condition by abating such nuisance, and that the cost thereof would be levied as an assessment against said property; and, WHEREAS, the property owner(s) named in the list attached hereto and made a part hereof did fail and neglect to abate the nuisance(s) existing upon their respective lands or to properly request a hearing pursuant to Section 100.21 and 100.22 within the time limits prescribed in said notice and Chapter 100 of the Code of Ordinances,. or if the property owner(s) did request and receive a hearing, said property owner(s) failed and/or neglected to abate such nuisance(s) within the time designated at the hearing wherein a decision was rendered adverse to the property owner(s); and, WHERKAS, the City of Delray Beach, through the City Administration or such agents or contractors hired by the City Administration was therefore required to and did enter upon the land(s) described in the list attached and made a part hereof and incurre~! costs in abating the subject nuisance(s) existing thereon as described in the notice; and~ WHEREAS, the City Manager of the City of Delray Beach has, pursuant to Chapter 100 of the Code of Ordinances of the City of Delray Beach, submitted to the City Commission a report of the costs incurred in abating said nuisance(s) as aforesaid, said report indicating the costs per parcel of land involved; and, WHEREAS, the City Comm{ssion of the City of Delray Beach, pursuant to Chapter 100 o£ the Code of Ordinances desires to assess the cost of said nuisance(s) against said property owner(s), NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: ~ection 1. That assessments in the individual amounts as shown by the report of the City Manager of the City of Delray Beach, involving the City's cost of abating the aforesaid nuisances upon the lots or parcels of land described in said report, a copy of which is attached hereto and made a part hereof, are hereby levied against the parcel(s) of land described in said report and in the amount(s) indicated thereon. Said assessments so levied shall, if not paid within thirty (30) days after mailing of the notice described in Sec. 3, become a lien upon the respective lots and parcel(s) of land described in said report, of the same nature and to the same extent as the lien for general city taxes and shall be collectible in the same manner as mortgages and foreclosures are under state law. Section 2. That such assessments shall be legal, valid and binding obligations upon the property against which said assessments are levied. Section 3. That the City Clerk of the City of Delray Beach is hereby directed to immediately mail by first class mail to the owner(s) of the property, as such ownership appears upon the records of the County Tax Assessor, notice(s) that the City Co-~ission of the City of Delray Beach on the has levied an assessment against said property for the cost of abatement of said nuisance by the City, and that said assessment is due and payable within thirty (30) days after the mailing date of said notice of assessment, after which a lien shall be placed on said property, and interest will accrue at the rate of 8% per annum, plus reasonable attorney's fees and other costs of collecting said sums. A Notice of Lien shall be mailed, along with the Notice of Assessment and this resolution. Section 4. That this resolution shall become effective thirty (30) days from the date of adoption and the assessment(s} contained herein shall become due and payable thirty (30) days after the mailing date of the notice of said assessment(s), after which a lien shall be placed on said property(s), and interest shall accrue at the rate of eight (8) percent per annum plus, if collection proceedings are necessary, the costs of such proceedings including a reasonable attorney's fee. Section 5. That in the event that payment has not been received by the City Clerk within thirty (30) days after the mailing date of the notice of assessment, the City Ci~rk is hereby directed to record a certified copy of this resolution in the public records of Palm Beach County, Florida, and upon the date and time of recording 2 Res. N0.25-99 of the certified copy of this resolution a lien ehall become effective on the subject property which shall secure the cost of abatement, interest at the rate of 8%, and collection costs including a reasonable attorney's ~ee. PASSED AND ADOPTED in regular session on this the , 1999. MAYOR ATTEST: City Clerk 3 Res. No. 25-99 COST OF ABATING NUISANCES UNDER CHAPTER 100 OF THE CODE OF ORDINANCE PROPERTY DESCRIPTION OWNER ASSESSMENT ATLANTIC PARK GARDENS, DELRAY LOT 16, BLK 1, BERTHA PALMER PB 14, P 56, PUBLIC RECORDS OF PALM BEACH 35 NW 13TH AVENUE COUNTY, FL DELRAY BEACH, FL 33444 35 NW 13TH AVENUE) ....... $ 70.00 IADM. FEE SEC. 17-46-43, E 50 FT OF W583 FT OF S 140 FT OF N 165 FT OF N 1/2 OF NW 1/4 OF SW 1/4 OF NW 1/4, IACQUEL DAWSON PB 1, P 4, PUBLIC RECORDS OF PALM BEACH CIO ANNAS RETREAT COUNTY, FL ESTATE TUTU #E-7 (1404 NW 2ND STREET) ST. THOMAS, US, VI 00802 $ 76.00 SOUTHRIDGE, LOTS 14 TO 16, INC., BLOCK 1, PB 13, P 38, PUBLIC RECORDS OF PALM BEACH COUNTY, MANUEL MOREDA & FL ESTERVlNA MOREDA (REIGLE AVENUE) P.O. BOX 1953 , DELRAY BEACH, FL 33447 $ 59.00 SOUTHRIDGE, LOTS 17 TO 20 INC., BLOCK 1, PB 13, 'P 38, PUBLIC RECORDS OF PALM BEACH COUNTY, MANUEL MOREDA & ;FL ESTERVINA MOREDA I(REIGLE AVENUE) P.O. BOX 1953 DELRAY BEACH, FL 33447 $ 59.00 ODMANNS SUB, LOT 19, BLOCK 1, PB 4, P 53, O.W. BURROUGHS & PUBLIC RECORDS OF PALM BEACH COUNTY, FL MILDRED BURROUGHS ;(NW 13TH AVENUE) 243 BILBOA STREET ROYAL PALM BEACH, FL 33411 $ 67.00 $ 70.00 ADM. FEE ,TOWN OF DELRAY, S 37.5 FT OF N 75 FT OF W 130.44 FT OF E 155.44 FT OF E 1/2 OF S 1/2 BLOCK RUBY L. HARRIS 4, PB 1, P 3, PUBLIC RECORDS OF PALM BEACH 'C/O P.C. WELLS COUNTY, FL 117012 SUNNYSIDE LANE I I i(VACA_NT ~O~NW 7TH AVENUE~ ~ FT. WASHINGTON, MD?0744-4~2~ _$ _70.~00 ......... L ............. ti -'iS 70.00jADM.FEE Res. No. 25-99 COST OF ABATING NUISANCES UNDER CHAPTER 100 OF THE CODE OF ORDINANCE SUNNY ACRES, LOT 6, BLOCK 8, PB 21, P 63, JOSEPH F. CUFFERI & PUBLIC RECORDS OF PALM BEACH COUNTY, FL KAROL L. CUFFERI (1127 POINSETTIA DRIVE) 7330 HEATHLEY DRIVE LAKE WORTH, FL 33467 $ 48.50 ....... _ - - ~$ _70.00_ADMFEE DELRAY SHORES 1ST ADD, LOT 12, BLOCK 12, PB 28, P 2, PUBLIC RECORDS OF PALM BEACH CHARLOTTE VANTINE COUNTY, FL ROUTE 6, BOX 399-B 2788 LAKE IDA ROAD) MURPHY, NC 28906-9658 $ 19.08 ................. ~ 70.00 ~DM FEE PLUMOSA PARK SEC A, S 26 FT OF LOT 103 & N 36 F. PRISCILLE JEAN-PHILLIPE & FT OF LOT 104, PB 23, P 68, PUBLIC RECORDS OF FENIEL JEAN-PHILLIPE PALM BEACH COUNTY, FL 1621 NE 3RD AVENUE (623 NE 3RD AVENUE) DELRAY BEACH, FL 33444 $ 32.00 H. WILSON & ESSIE M. WEST SIDE HEIGHTS DELRAY, LOT 1, BLOCK D, WILSON PB 1, P 61, PUBLIC RECORDS OF PALM BEACH 51 NW 9TH AVENUE COUNTY, DELRAY BEACH, FL 33444 51 NW 9TH AVENUE) $ 51.00 VIOLATION IS: SEC. 100.01 - LAND TO BE KEPT FREE OF DEBRIS, VEGETATION, MATTER CONSTITUTING ................... HAT_~RDS; DECLARED NuiSANcE7 ......... Res. No. 25-99 MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER~ SUBJECT: AGENDA ITEM ~.~- - REGULAR MEETING OF APRIL 20, 1999 REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS DATE: APRIL 14, 1999 Attached is the Report of Appealable Land Use Items for the period April 5th through April 16, 1999. It informs the Commission of the various land use actions taken by the designated boards, which may be appealed by the City Commission. Recommend review of the appealable actions for the period stated. Receive and file the report as appropriate. ref:agmemoll THRU: DIANE DOMINGUEZ, DIRECTO~ OF PL.,~NNING AND ZONII~IG~ SUBJECT: MEETING OF APRIL 20, 199'9 *CONSENT AGENDA* REPORT OF APPEALABLE LAND USE ITEMS APRIL 5, 1999 THRU APRIL 16, 1999 The action requested of the City Commission is that of review of appealable actions which were made by various Boards during the period of April 5, 1999 through April 16, 1999. 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. A. Approved (5 to 0, Fowler and Smith absent), a request for a color change for Delray Elderly Apartments (fka Lake Delray Apartments), located at the northwest corner of Audubon Boulevard and Lindell Boulevard. B. Approved (5 to 0), the architectural elevation plan associated with the addition of entrance awnings for Del Golfo Restaurant, located on the west side of NE 6th Avenue (northbound Federal Highway) between NE 2nd Street and NE 3rd Street. City Commission Documentation Appealable Items Meeting of April 20, 1999 Page 2 C. Approved (5 to 0), the architectural elevation plans for World Savings Bank, a proposed 8,268 sq. ft. bank and office building to be located on the south side of West Atlantic Avenue, approximately 660' east of Military Trail. The site plan and landscape plan were previously approved by the Board. D. Approved (5 to 0), a Class III site plan modification, landscape plan and architectural elevation plan associated with the construction of a 1,820 sq. f. service building for Borton Volvo, located on the east side of North Federal Highway, approximately 1,050 feet north of Allen Avenue. E. Approved (5 to 0), a Class III site plan modification, landscape plan and architectural elevation plan associated with renovations at Enterprise Rent- A-Car, located at the northeast corner of SE 10th Street and SE 6th Avenue (northbound Federal Highway). Concurrently, the Board waived the requirement for a 5' sidewalk along SE 7th Avenue. F. Approved (5 to 0), a Class IV site plan modification, landscape plan and architectural elevation plan in conjunction with a 50,734 sq. ft. building addition for ABC Carpets, located on the east side of Congress Avenue, approximately 900' north of SW 10th Street. G. Approved (4 to 0, Shutt left the meeting), the site plan, landscape plan and architectural elevation plan associated with reestablishing site plan approval for Coral Trace, a 282 unit multiple family development, located at the north end of Coral Trace Boulevard and approximately 1,450 feet north of West Atlantic Avenue. The site plan was originally approved on April 30, 1997 and expired on October 30, 1998. The Board's approval incorporated the waivers and special adjustments previously granted. No Regular Meeting of the Board was held during this period. No Regular Meeting of the Board was held during this period. By motion, receive and file this report. Attachment: Location Map CITY OF OELRAY BEACH, FLORIDA - City Commission Meeting- April 20, 1999 L-30 CANAL ~ ! ;= LAKE IDA ROAD ",_ ....... __1- ..... ~ ~m ~.w. 2~c, sr i_ .... / ...................... .i ! I $.~ 2ND ST. ~'~ ~ ..... LINTON BOULEVARD f UNTON G I S C4N.~_ A. DELRA Y ELDERL Y APARTMENTS (LAKE DELRA Y APARTMENTS) B. DEL GOLFO RESTAURANT C. WORLD SAVINGS BANK I ONEMILE D. BORTON VOLVO GRAP,~C SCALS E. ENTERPRISE RENT-A-CAR CITY OF DELRAY BEACH, FL F. ABC CARPET & HOME PLANN,,G & ZONING DEPARTMENT G. CORAL TRACE . -DIGITAL BASE MAP SYSTEM - - liT'/OF DELRI:I¥ BEI:I[H CITY ATTORNEY'S OFFICE ~oo ~ ,~, ^~..~. ~..,~^~.~^~., ~,.o~,~^ ~., TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755 Writer's Direct Line: (561) 243-7090 DELRAY BEACH Ail. Amedca City MEMORANDUM ,[llj~llll, DATE: April 14, 1999 ] 993 TO: City Commission FROM: Jay T. Jambeck, Assistant City Attomey~ SUBJECT: Consent to sublease Chamber of Commerce Building. The Chamber of Commerce ("Chamber") has requested the Commission's consent to sublet two small office rooms in the south end of their office building to the Alzheimer's Community Care Association. The proposed sublease is attached hereto for reference. Pursuam to paragraph five (5) of the Chamber's lease with the City, the Chamber may not sublet any portion of its premises without the prior consent of the City Commission. Commission approval of the attached Consem to Sublease would allow the Chamber to sublet the offices. Please place this item on the consent agenda for the April 20, 1999 City Commission meeting. Please do not hesitate to contact me if you should have any questions. Attachments cc: David T. Harden, City Manager Alison MacGregor Harty, City Clerk CONSENT TO SUBLEASE The undersigned, the City of Delray Beach, a Florida municipal corporation, being the Lessor under that certain agreement dated January 9, 1996 between the City of Deiray Beach, and the Greater Delray Beach Chamber of Commerce, Inc., as Lessee, does hereby consent and agree to the sublease between Lessee and Alzheimer's Community Care Association, for the period described in the sublease as being from May 1, 1999 through April 30, 2000 and any re. newals provided for in said sublease. IN WITNESS WHEREOF, the undersigned has signed this instrument on this ~ day of ., 1999. ATTEST: LESSOR: By: CITY OF DELRAY BEACH, FLORIDA City Clerk MAYOR Approved as to legal form and Sufficiency: The GREATER DELRAY BEACH Chamber of Commerce April 2, 1999 Ms. Susan Ruby City Attorney City of Delray Beach 200 NW 1st Ave. Delray Beach FL 33444 Dear Susan: Enclosed is the proposed sublease with Alzheimer's Community Care Association. As you recall, subject to approval of the City Commission, we lease out the two small office rooms in the south end of our building - approximately 435 square feet. Alzheimer's Community Care Association, a chamber member, is a non-profit agency providing services to families of Alzheimer patients. They will make a compatible tenant for this space. After your review of 'the sublease, I would appreciate your requesting City Commission approval. Please call If you have any questions and thank you for all your help. Sincerely, William J. Wood President leaseok.doc DEtRAY BEACH Greater Delray Beach Chamber of Commerce, Inc. ~ 64-A S.E. Fifth Avenue, Delray Beach, Florida 33483 Chamber Accredited by United States Chamber of Commerce G]~.EATER DELRAY BEACH CHAMBER OF COMMERCE 64-A SE 5th Ave. Delray Beach FL 33483 BUSINESS SUBLEASE SUBLEASE made this_ 1st day of May 1999, between Greater Delray Beach Chamber of Commerce, Inc., hereinafter referred to, for the purpose of this sublease, as "Lessor", and Alzheimer's Communily Care Association, hereinai~er referred to, for the purpose of this sublease, as "Lessee". RECITALS 1. For the purpose of this sublease the Greater Delray Beach Chamber of Commerce shall be known herein as Lessor and Alzheimer's Community Care Association shall be know as Lessee. This reference is for convenience. The parties recognize that this agreement is a sublease. 2. Lessor desire to sublease the premises to Lessee for the purpose of conducting office business. 3. The parties desire to enter a sublease agreement defining their fights, duties and liabilities relating to the premises. 4. This sublease agreement is subordinate and subject to the terms and conditions of the Amended and Restated Lease between the City of Delray Beach and the Lessor, which is attached hereto as Exhibit A. In consideration of the mutual covenants contained herein, the parties agree as follows. SECTION ONE RECITALS RECITALS. The recit~!s set forth above are hereby incorporated as if fully set forth heren. SECTION TWO PREMISES PREMISES. Lessor hereby subleases to Lessee and Lessee subleases from Lessor for the term of the rental, and upon all of the conditions set forth herein, that certain real property situated in the County of Palm Beach, State of Florida, and more fully described as: the two SE offices (including the non exclusive shared use of the common rest room, kitchen/lounge and adjacent conference room on a limited and pre-arranged basis) located at 64 SE 5th Avenue (Suite B), Delray Beach, Florida 33483. SECTION THREE TERM AND RENT TERM. The term of this sublease is one (I) year beginning May 1, 1999 and ending April 30, 2000, or sooner as provided herein. This sublease is renewable each year for a maximum of five years. Prior to the sixth year the sublease, if extended, must be renegotiated between the Lessor and Lessee. RENT. The rent shall be: (a) Eight thousand three hundred forty dollars ($8,340) per year plus sales tax (currently 6% - $500.40 per year) UNLESS LESSOR IS PROVIDED A COPY OF LESSEES VALID AND CURRENT CERTIFICATE OF SALES TAX EXEi~IPTION (in which case no sales tax will be levied) beginning May 1, 1999, and (b) Upon signing of the sublease, Lessee is to pay first month ($695) and last month ($695) - a total of $1,390. If Lessee does not provide a valid and current Sales Tax Exemption Certificate then Lessee must pay sales tax and the total will be ($1,473.40) (c) All rental paymenfz to be made payable to the Greater Delray Beach Chamber of Commerce on the first day of each and every month in advance without demand. A Fifty ($50.00) Dollar late fee will assessed for any payments received after the 15th day of the month. (d) The Lessee shall have the option to renew this lease term subject to the following conditions: 1. No default by the Lessee shall exist on the date of the notice of extension or on the date of the cormnencement of the extended term. 2. The extended term shall be upon the same conditions applicable during the original term except: there will be an automatic increase of 4% at the beginning of each year the lease is renewed. 3. The Lessee shall extend the sublease term by giving written notice to the Lessor any time during the then current term, but not later than two (2) months prior to the expiration of such term, of its intent to extend this sublease Agreement. SECTION FOUR ADDITIONAL RENT All sales taxes, charges, costs and expenses that Lessee assumes or agrees to pay hereunder, together with all interest and penalties that may accrue thereon in the event of the failure of the Lessee to pay those items, and all other damages, costs, expenses, and sums that Lessor may suffer or incur, or that any become due, by reason of any default of Lessee or failure by Lessee to comply with the terms and conditions of this sublease shall be deemed to be additional rent, and in the event of nonpayment, Lessor shall have all the rights and remedies as herein provided for failure to pay rent. SECTION FIVE USE OF PREMISES The premises shall be used and occupied only for lawful purposes. Lessee shall, at its own risk and expense, obtain all governmental licenses and permits necessary for such use. The premises shall be used for the business of supportive services for Alzheimer's families. The nature of Lessees business may expand into other business office areas, but so long as the businesses are legal and do not create a nuisance and the Lessor has given prior written approval for any new businesses, (which consent shall not be unreasonably withheld) the new businesses are acceptable uses on the subleased premises. SECTION SIX REPAIRS AND MAINTENANCE Lessee hereby accepts the premises in the condition they are in at the beginning of this sublease and agrees to at all times during the lease at its own cost and expense, repair, replace and maintain in a good, safe and substantial condition the two offices (Suite B) which are the subject of this lease and shall use all reasonable precaution to prevent waste, damage or injury to the premises. SECTION SEVEN UTILITIES The Lessor agrees to PaY all charges for electricity, water and alarm security (with the exception of false alarms set offby Lessee). Lessee is responsible for its own telephone. SECTION EIGHT TAXES Lessor shall be responsible for the payment of real estate taxes. Lessee will be responsible for the payment of sales taxes and personal property taxes. SECTION NINE INSURANCE Lessor agrees to carry fire and casualty insurance on the real estate and structure, but does not have any liability for the operation of the Lessee's business or Lessee's property. The Lessee agrees not to do anything that will increase the Lessor's insurance premiums and, further, agrees to indemnify and hold the Lessor and the City of Delray Beach harmless from any liability caused by Lessee's operations, employee's, client's, agents, and invitees, including court costs and attorneys fees at trials and appeals. Lessee agrees to carry casualty insurance on any equipment or fixtures that Lessee installs at the property. In addition, the Lessee agrees to carry business liability insurance covering Lessee's business operations in the amount of one million dollars with the Lessor and the City of Delray Beach named as additional insureds and be given notice at least 30 days in advance of may cancellation. SECTION TEN SECURITY DEPOSIT AND ADVANCE RENT. Lessor shall hold the advance rent in a separate interest bearing or non-interest bearing account in a Florida banking institution for the benefit of Lessee. If Lessor deposits the money in an interest bearing account, Lessor must pay Lessee interest of at least 75% of the annualized average interest paid by the bank or 5% per year simple interest, whichever Lessor chooses. Lessor cannot mix such money with any other funds of Lessor or pledge, mortgage or make any other use of such money until the money is actually due to Lessor. SECTION ELEVEN INDEMNITY Lessee shall indemnify Lessor and the City of Delray Beach (City) and save harmless said Lessor and City from and against any and all claims, suits, actions, damages, and or causes of action arising during the term of this lease for any personal injury, loss of life, and or damage to property sustained in or about, the demised premises, and improvements thereon, or the appurtenances thereto, and from and against all costs, counsel fees, expenses, and liabilities incurred in and about such claim, investigation thereof, or the defense of any action, proceeding brought thereon and from and against any orders, judgments, and/or decrees that may be entered therein. SECTION TWELVE DEFAULT OR BREACH Each of the following events shall constitute a default or breach of this sublease by Lessee: (1) If Lessee shall file a petition in bankruptcy or insolvency or for reorganization under any bankruptcy act, or shall volur~tarily take advantage of any such act by answer or otherwise, or shall make an assignment for the benefit of creditors. (2) If involuntary p~:oceedings under any bankruptcy law or insolvency act shall be instituted against Lessee, or ifa receiver or trustee shall be appointed or all or substantially all of the property of Lessee, and such proceeding shall not be dismissed or the receivership or trusteeship vacated within sixty (60) days after the institution or appointment. (3) ffLessee shall fail to pay Lessor any rent or additional rent when the rent shall become due and shall not make the payment within three (3) days after notice thereof by Lessor to Lessee. (4) ffLessee shall vacate or abandon the demised premises. (5) If this sublease or the estate of Lessee hereunder shall be transferred to or shall pass to or devolve on any other perso:t or party, except in the manner herein permitted. (6) If Lessee fails to take possession of the demised premises on the terms commencement date, or within five (5) days after notice that the demised premises are available for occupancy, if the term commencement date is not fixed herein or shall be deferred as herein provided. (7) ffthe Lessee fails to perform any covenant contained in this sublease or violates the terms of the lease between the City and Lessor. SECTION THIRTEEN EFFECT OR DEFAULT In the event of any default hereunder, as set forth in Section Twelve, the rights of Lessor shall be as follows: (1) Lessor shall have the right to cancel and terminate this sublease, as well as all of the right title and interest of Lessee hereunder, by giving to Lessee not less than :3 days' notice of the cancellation and termination. On expiration of the time fixed in the notice, this sublease and the fight, title and interest of Lessee hereunder, shall terminate in the same manner and with the same force and effect, except as to Lessee's liability, as if the date fixed on the notice of cancellation and termination were the end of the term herein originally determined. (2) Lessor may elect.~ but shall not be obligated, to make any payment required of Lessee herein or comply with any agreement, term, or condition required hereby to be performed by Lessee, and Lessor shall have the right to enter the demised premises for the purpose of correcting or remedying any such default and to ~emain until the default has been corrected or remedied but any expenditure for the correction by Lessor shall not be deemed to waive or release the default of Lessee or the right of Lessor to take any action as may be otherwise permissible hereunder in the case of any default. (3) Lessor may re-enter the premises immediately and remove the property and personnel of Lessee, and store the prope~ in a public warehouse or at a place selected by Lessor, at the expense of Lessee. After re-entry Lessor may terminate the lease on giving thirty (30) days' written notice of termination of Lessee. Without the notice, re-entry will not terminate the lease. On termination, Lessor may recover from Lessee alil damages proximately resulting from the breach, including the cost of recovering the premises, and the worth of the balance of this lease over the reasonable rental value of the premises for the remainder of the lease term, which shall be immediately due Lessor from Lessee. (4) Provided however, Lessor's remedies shall be limited to remedies available pursuant to the laws of Florida and Lessor shall have all remedies allowed by the laws of Florida. SECTION FOURTEEN ASSIGNMENT OR SUBLEASE The Lessee shall not a~;sign this lease, nor sub-let the premises, or any part thereof nor use the same, or any part thereof, nor permit the same, or any part thereof, to be used for any other purpose than as above stipulated, nor make any alterations therein, and all additions thereto, without the written consent of the Lessor, and all additions, fixtures or improvements which may be made by Lessee, except movable office furniture, shall become the property of the Lessor and remain upon the premises as a part thereof, and be surrendered with the premises at the termination of this lease. SECTION FIVFEEN FIRE OR OTHER CASUALTY In the event the premises shall be destroyed or so damaged or injured by fire or other casualty during the term of this sublease whereby the same shall be rendered untenantable, then the Lessor shall have the right to render said premises tenantable by repairs within ninety (90) days therefrom If said premises are not rendered tenantable within said t~me, it shall be option with either party hereto to cancel this sublease and in the event of such cancellation the feint shall be paid only to the date of such fire or casualty. The cancellation herein mentioned shall be evidenced by writing. SECTION SIXTEEN REMODEL~ ALTER OR DEMOLISH It is hereby agreed and understood between Lessor and Lessee that in the event the Lessor decides to remodel, alter or demolish all or any part of the premises subleased hereunder, or in the event of sale or long term lease of all or any part of the premises, requiring this space, the Lessee hereby agrees to vacate same upon receipt of sixty (90) days' written notice and the return of any advance rental paid on account of this lease. All personal property placed or moved in the premises above described shall be at the risk of the Lessee or owner thereof, and Lessor shall not be liable for any damage to said personal property, or to the Lessee arising from the bursting of leaking or water pipes, or from any act or negligence of any co-tenant or occupants of the building or of any other person whomsoever. SECTION SEVENTEEN BINDER This contract shall bind the Lessor and its assigns or successors, and the heirs, assigns, administrators, lagal representatives, executors or successors as the case may be, of the Lessee. SECTION EIGHTEEN TIME IS OF THE ESSENCE It is understood and agreed between the parties hereto that time is of the essence and this applies to all terms and conditions corttained herein. ,SECTION NINETEEN WRI~FEN NOTICE It is understood and agreed between the parties hereto that written notice mailed or delivered to the premises leased shall constitute sufficient notice to the Lessee and written notice mailed or delivered to the office of the Lessor shall constitute sufficient notice to the lessor, to comply with the terms of this contract. SECTION TWENTY RIGHT OF LESSOI~ The rights of the Lessor under the foregoing shall be cumulative, and failure on the part of the Lessor to exercise promptly any fights given hereunder shall not operate or forfeit any of said rights. SECTION TWENTY-ONE CHARGES FOR WORK DONE It is further understood and agreed between the parties hereto that any charges against the Lessee by the Lessor for services or for work done on the premises by order of the Lessee or otherwise accruing under this sublease shall be considered as rent due and shall be included in any lien for rent due and unpaid. Lessee shall not allow or create a lien against lhe premises and any work done by Lessee shall not cause a lien against the interest of Lessor or the City of Delray Beach. Lessee shall notify all contractors that no lieus can be filed or created before work is commenced. SECTION TWENTY-TWO SIGNS OR ADVERTISING It is understood and agreed that any signs or advertising to be used, including awnings, in connection with the premises leased hereunder shall be subject to approval of the Lessor before installation of same. SECTION TWENTY-THREE ENTIRE AGREEMENT This sublease is subject to the terms of the lease between the City and the Lessor. This sublease constitutes aH agreements between the parties. Except as otherwise provided herein, no change or additions to this lease shall be binding upon the pm:ties hereto unless in writing and signed by them. IN WITNESS WHEREOF, the parties hereto have hereunder executed this instrument for the purposes therein expressed, the day and year first above written. Greater Delray Beach Chamber of Commerce, Inc., Lessor By: William $. Wood, President Alzheimer's Community Care Association, Lessee By: Mary Barnes, Executive Director leaseagr, doc Agenda Item No: ~. ]- ' AGENDA REQUEST Request to be placed on: Date: April 15, 1999 __ Regular Agenda __ Special Agenda Workshop Agenda xxxxxxx Consent Agenda When: April 20, 1999 Description of item (who, what, where, how much): (Example: Request from Atlantic High School for $2,000 to fund project graduation). ORDINANCE / RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO Recommendation: Recommend authorization to proceed with an agreement with the Palm Beach County Department of Housing and Community Development (HCD) for the procurement of consultant services to conduct an update of the 1994 PBC Affordable Housing Study (to include Delray Beach specific data). Recommend approval of this cooperative initiative with funding from Neighborhood Housing Account No. 118-1974-554-31.90 in the amount of $10,000.0~.? Department Head Signature: City Attorney Review/Recommendation (if applicable): Budget Director review (required on all items involving expenditure of funds): Funding Available: O/NO Funding Alternatives: (if applicable) Account No. & D~escription: AccountBalance~[O,~D,~t~ gllX~t~, ~rX'tl[ ~'~.. ~ {lJinZ~41Jffqlzolq City Manager review: Approved for Agenda: ~0 Hold Until: Agenda Coordinator Review: Received: Placed on Agenda: City of Delray Beach Community Development Division MEMORANDUM TO: David Harden, City Manager FROM: Charles L. Bender III, Community Development Coordinator THRU: Lula Butler, Community Improvement Director DATE: April 15, 1999 SUBJECT: CONSENT AGENDA (Agreement with Palm Beach County Housing and Community Development Department for the procurement of consultant services to conduct an update of the 1994 PBC Affordable Housing Study (to include Delray Beach specific data) ITEM BEFORE THE COMMISSION This is to request authorization to proceed with an agreement with the Palm Beach County Department of Housing and Community Development (HCD) for the procurement of professional consultant services in an effort to update the comprehensive 1994 Affordable Housing Study. The study will be conducted on a countywide basis and subdivide the entire jurisdiction into Housing Sectors. BACKGROUND The amount of funding requested ($10,000) is based on the amount of additional work to be required of the selected consultant, which is specific to the City of Delray Beach (as described in the attached "scope of work" at page 5). The City of Delray Beach's participation in the study will result in the collection of needed data and information relating to the City's affordable housing needs, supply and condition, housing market characteristics, extent of overcrowding, special needs populations and other required concerns. Study deliverables specific to the City of Delray Beach will provide the CD Division with information and data necessary for development of the Five year Consolidated Plan (2000- 2005); the same must be addressed, in accordance with the governing regulations at 24CFR Part 91. This required Plan governs the use of federal Community Development Block Grant (CDBG) funds for the above period and provides a description of the City's housing and non-housing community development needs. Additional valuable information and data relating to the specific sector in which Delray Beach is included as well as Palm Beach County as a whole will be included in the study. The total cost for the update of the 1994 Affordable Housing Study is estimated to be $85,000.00. RECOMMENDATIONS Staff recommends authorization to proceed with an agreement with the Palm Beach County Department of Housing and Community Development (HCD) for the procurement of professional consultant services in an effort to update the comprehensive 1994 Affordable Housing Study (to include Delray Beach specific data and information) in the amount of $10,000.00. Housing & Community April 1, 1999 Development Department 3323 Belvedere Road Building #501 West Palm Beach, FL 33406 www. co.palm-beach.fl.us Charles L. Bender, III, Coordinator Community Development Division City of Delray Beach 100 N.W. 1st Avenue · Delray Beach, Florida 33444 Dear Mr. Bender: Palm Beach County Board of County Enclosed please find the proposed scope for the update of the 1994 Palm Beach Commissioners County Affordable Housing Study,. The scope has been revised to reflect the Maude Ford Lee. Chair information to be collected for the City of Delray (Subsection 6 in italics), per your Warren H. Newell. Vice Chairman discussion with Ms. Elena Escovar, of my staff, on March 26,1999. Further revisions will include any additional comments you may have as well as comments }',aren r Marcus from Palm Beach County's Purchasing Department. Carol A. Roberts Mary McCarty I look forward to the City of Delray's participation. Should you have any questions, please do not hesitate to contact me or Elena M. Escovar, Principal Burt ^aronson Planner, at (561) 233-3621. Tony Masilotti Sincerely, co,,.ty ,,dmi.,,,,,,,or~ R E C E I V E D Robert Weisman Remar M. Harvin, Director APR 0 2 1999 Housing and Community Development 00~T~ 0EVE[0PMENT Enclosure cc: Edward W. Lowery, Planning Manager, HCD Elena M. Escovar, Principal Planner, HCD "An Equal Opportunity Affirmative Action Employer" S:\ 1998_99\REPORTSXHSNGSTUD\DELRYLTR.WPD ~ printed on recycled paper DRAFT Palm Beach County Housing and Community Development UPDATE OF THE 1994 AFFORDABLE HOUSING STUDY I. BACKGROUND The Affordable Housing Study was prepared in 1994, following the 1992 Comprehensive Housing Affordability Strategy (CHAS) Final Rule to determine the housing needs of very low-, low- and *moderate-income persons for the period 1994 through 1999. The scope of the Study Update will be expanded to cover the requirements of the 1995 Consolidated Plan Final Rule as set forth in 24 CFR Part 91, to determine the housing needs of the extremely low-, low-, middle- and moderate-income residents of Palm Beach County projected for the ensuing five-year period, to cover the entire County. In addition, the Study will assess the progress made in the delivery of affordable housing units by the public and private sector. Update of the Study will assist with the preparation of the Palm Beach County Five Year Consolidated Plan, to be started during early 2000. The Five Year Consolidated Plan is required by the U.S. Department of Housing and Urban Development (HUD) to allocate federal funds to Palm Beach County. II. PURPOSE OF THE STUDY The objectives of the Study are as follows: · To assess the progress made in addressing the housing needs identified by the 1994 Affordable Housing Study, to include new units provided through the public and private sectors, and the impact of other housing activities (e.g. acquisition, rehabilitation, etc.). · To update housing information provided by HUD 1990 Census data and ascertain housing needs based on that information. · To determine progress made in addressing HUD-identified needs to include housing activities such as acquisition, rehabilitation, and housing subsidies. · To provide a general description of the housing market in Palm Beach County. · To determine the housing needs of extremely low-income (0-30% of MFI), low-income (31-50% of MFI), moderate-income (51-80% of MFI), middle-income (81%-95% of MFI), and SHIP moderate-income (96% - 120% MFI) residents of the County, utilizing HUD Income Limits. · To include an assessment of specific needs, for any of the income categories listed above, to the extent that any racial or ethnic group has disproportionately greater need in comparison to the needs of that category as a whole. 1 DRAFT · To determine the housing needs of special needs population. · To determine the housing activities required to meet the housing needs identified (e.g., new construction, reconstruction, rehabilitation, etc.). · To determine the type of housing required (i.e., owner-occupied vs. renter-occupied, single-family vs. multi-family, subsidized vs. non-subsidized, etc.) or combination thereof. · To provide recommendations on the housing types and housing activities (e.g., new construction, rehabilitation, etc.) and amenities needed. * Including HUD and SHIP definitions IlL SCOPE OF WORK A. The Consultant shall collect data for, analyze and make recommendations relating to the Purpose of the Study. B. The Consultant shall deliver a comprehensive narrative report including, but not limited to, the following requirements: 1. Housing Market Analysis The final document must describe the significant characteristics of Palm Beach County's housing market, including supply, demand, and condition and cost of housing and the housing stock available to serve persons with disabilities and to serve iversons with HIV/AIDS and their families, as follows: a. General Characteristics · Definition of Housing Sectors · Description of the sectors, including boundaries, natural and man-made opportunities and constraints (land use, zoning, crime rates, etc.). · Description of the sectors, with respect to schools, social services, emergency and medical services, public transportation, shopping opportunities, and employment including identification of major. employers and trends in business development. ~ · Description of important historical, social and economic factors and trends affecting housing affordability. 2 DRAFT · Demographic overview of the housing sectors, including population trends, special populations, income and poverty status, employment, family size, age distribution, and racial and ethnic characteristics. b. Descriptions of Rental Market Conditions: · The number of existing single-family and multi-family housing units by the number of bedrooms. · Units vacant in each category. · Units substandard but suitable for rehabilitation. · Units marked for demolition in each category. · Market rents in each category. · Units under construction. · Units planned to be constructed. c. Description of Owner-Occupied Market Conditions: · The number of existing single-family and multi-family housing units by the number of bedrooms. · Units vacant in each category. · Units for sale. · Units substandard but suitable for rehabilitation. · Units marked for demolition in each category. · Sales price in each category. · Units under construction. · Units planned to be constructed. d. Housing Characteristics · Description of housing characteristics of each sector to include housing units by type, tenure, tenure by race, vacancy, substandard units, 3 DRAFT housing value, housing age, and housing affordability. · Identification and description of the extent of cost burden and severe cost burden, by sectors. · Description of housing trends including but not limited to gains or loss in housing units by type and tenure, by sectors. e. Public Housing · Description of the number of public housing units in the County, the physical condition of such units, the restoration and revitalization needs, and waiting lists for accessible units. f.. Inventory_ of Housing Units Assisted by Local. State or Federally-Funded Programs · Existing condition of assisted housing units by unit size, family served, location, estimated vacancy rate and type of subsidy. · Assessment of whether any such units are expected to be lost from the assisted housing inventory for any reason. g.Inventory_ of Non-assisted Affordable Housing Units by Type. Tenure and Location h. Identification of Housing Units for Special Populations · Units suitable for occupancy by elderly families and disabled families. · Units available to serve persons with HIV/AIDS and their families · Units available for farm workers/migrant workers. · Type and existing conditions of such units, and location. 2. Housing Needs Utilizing all data collected, including but not limited to the 1990 Census data, estimate the number and type of families in need of housing assistance for extremely low-income, low-, middle-, and moderate-income families, for renters and owners, for elderly persons, for single persons, for large families, including number of bedrooms, for persons with HIV/AIDS and their families .and for persons with disabilities, to include a discussion on: 4 DRAFT · The number and type of families in need of housing assistance for: · extremely low-income, low-income, moderate-income and middle income families · renters and owners · elderly persons · single persons · large families · persons with HIV/AIDS and their families · persons with disabilities (mental, physical, developmental) · persons with alcohol or other drug addiction · public housing residents · victims of domestic abuse · runaway and abandoned youth · single-parent families · migrant and seasonal farm workers · refugees and entrants · Housing affordability, including establishment of housing affordability criteria and identification of subsectors of the County that would require adjustment to the median income, rents and housing prices vs. income, and cost of producing housing. · Discussion of cost burden and severe cost burden, overcrowding (especially for large families), and substandard housing conditions being experienced by extremely Iow-income, low-income, moderate-income and middle-income renters and owners compared to the jurisdiction as a whole. In addition to the discussion, provide table showing Household types: Renter categories (elderly, small related, large related, other households) and Owner categories (elderly, all other owners) by Income and Housing Problem (to include cost burden >30% and >50%). · Housing availability and accessibility, including employment levels in the sectors, public housing waiting lists ( number of families; family size), growth/decline of population in sectors, new construction or loss of units, availability of public transportation, and employment opportunities. · For extremely low-income, low-income, moderate-income, middle-income, to the extent that any racial or ethnic group has a disproportionately greater need in comparison to the needs of that category as a whole, assessment of' that specific need will be included. For this purpose, a disproportionately greater need exists when the percentage of persons in a category of need who are members of a particular racial or ethnic group is at least 10 percentage 5 DRAFT points higher than the percentage of persons in the category as a whole. · By Housing Sector provide current estimates, of the following: · extremely low-income renter versus owners · extremely low-income, low-, middle-, and moderate-income families, by tenure · elderly persons by tenure · large families by tenure · persons by age, and by mobility and self-care limitation status · persons in group quarter · persons in group quarters, by age · Type of housing activity needed (rehabilitation, new construction, reconstruction, etc.), by Sector · Type of housing needed (single-family, multi-family, subsidized, non- subsidized, etc.), by Sector 3. Five Year Projection of Housing Needs at One Year Intervals Provide Palm Beach County's housing needs projected for the ensuing five year period, as follows: · Projections for special populations by tenure type (renter/owner). · By Housing Sector provide projections, of the following: · extremely low-income renter versus owners · extremely low-income, low-, middle-, and moderate-income families, by tenure · elderly persons by tenure · large families by tenure · persons by age, and by mobility and self-care limitation status · persons in group quarter · persons in group quarters, by age · Projections should be designed to assist in the allocation of resources among different activity types appropriate for meeting identified needs. · Projections should take into consideration, among others, growth assumptions and immigration and emigration patterns. 6 DRAFT 4. Preparation of HUD Table and Explanation of Methodology · Preparation of HUD's Priority Housing Needs Summary Table for a Five- Year Period. 5. Comprehensive Plan: Housing Element Requirement · Prepare a separate report or memorandum comparing the needs identified in this needs assessment with the needs currently identified in Objective 1.1 of the Housing Element of the Comprehensive Plan. The report or memorandum should provide adequate data and justification for any needed adjustments to the projections found in Objective 1.1, prepared by the Schimberg Center for Affordable Housing, University of Florida, for the Florida Department of Community Affairs (DCA). The analysis should also include a demonstration that the methodology utilized in the needs assessment is professionally acceptable (consistent with the methodology established by DCA in its rules, as required by 9J-5.010(2)(b) F.A.C., and utilized by the Schimberg Center in preparing the projections for DCA). A justification must be provided for any difference in methodology between that used in this analysis and that performed by the Schimberg Center. A description of the Schimberg Center methodology is available from the County's Planning Division. 6. City of Delray Beach Information · Description of the significant characteristics of the City's housing market, including supply, demand, and condition and cost of housing and the housing stock available to serve persons with disabilities and to serve persons with HIV/AIDS and their families. · Utilizing all data collected estimate the number and type offamilies in need of housing assistance for extremely low-income, low-, middle-, and moderate-income families, for renters and owners, for elderly persons, for single persons, for large families, including number of bedrooms, for persons with HIV/AIDS and their families and for persons with disabilities (mental, physical, and developmental), to include a discussion on: · The number and type offamilies in need of housing assistance. · Discussion of cost burden and severe cost burden, overcrowding (especially for large families), and substandard housing conditions being experienced by extremely low-income, low-income, moderate: income and middle-income renters and owners compared to the jurisdiction as a whole. 7 DRAFT · For extremely low-income, low-income, moderate-income, middle- income, to the extent that any racial or ethnic group has a disproportionately greater need in comparison to the needs of that category as a whole, assessment of that specific need will be included. For this purpose, a disproportionately greater need exists when the percentage of persons in a category of need who are members of a particular racial or ethnic group is at least l O percentage points higher than the percentage of persons in the category as a whole. · Description of the City's estimated housing needs projected for the ensuing five-year period, for the categories identified above as needing housing assistance. · Preparation of HUD's Priority Housing Needs Summary Table for a Five- Year Period. 7. Additional Requirements The Final Document should include, among others, an Executive Summary, explanation of approach/methodology utilized, definitions, sector analysis, findings, recommendations, and reference of all sources of information. The final document shall also include the preparation separate technical appendices to include all data collected to be displayed, where applicable, by Census Tracts. Data is to be collected from primary and secondary data sources. The Consultant is responsible for all research required for this Study. A total of twenty-five bound copies of the Final Document are requested, with the original unbound, once the final document is accepted by the County. In addition, disk copies of the Final Document should be provided. The schedule for completing the Study is estimated at 150 to 180 days from the date of authorization or execution of contract. The Consultant is responsible for developing a schedule with tasks. As tasks are finalized, they are to be presented to HCD staff for their review and acceptance prior to the release of funds for payment. The Consultant will be required to attend at least three meetings, to include presentation of the Study before the Palm Beach County Board of County Commissioners. 8 DRAFT IV. DEFINITIONS Consolidated Plan - The document that is submitted to HUD that serves as the planning document of the jurisdiction and an application for funding under any of the Community Planning and Development formula grant programs. Cost Burden - The extent to which gross housing costs, including utility costs, exceed 30 percent of gross income based on data available from U.S. Census Bureau. Disabled Family - A family composed of one or more persons, at least one of whom is an adult (a person of at least 18 years of age) who has a disability. A person shall be considered to have a disability if the person is determined to have a physical, mental, or emotional impairment that: 1) is expected to be of long-continued and indefinite duration; 2) substantially impedes his or her ability to live independently; and 3) is of such a nature that the ability could be improved by more suitable housing conditions. Displaced Person - A person displaced by governmental action, or a person whose dwelling has been extensively damaged or destroyed as a result of a disaster declared or otherwise formally recognized under Federal Disaster Relief Laws. Elderly Family - A family of no more than two persons in which the head of the household or spouse is at least 62 years of age. Elderly Person - A person who is at least 62 years of age. Extremely Low-Income Family - A family whose income is between 0 and 30 percent of the median income for the area, as determined by HUD with adjustments for smaller and larger families. Family - Family includes but is not limited to an elderly family or single person, the remaining member of a tenant family, and a displaced person. Large Families - Families of five or more persons. Low-Income Families - Families whose incomes do not exceed 50 percent of the median income for the area, as determined by HUD, with adjustments for smaller and larger families. Middle-Income Families - Families whose incomes are between 81 percent and 95 percent of the median income for the area, as determined by HUD, with adjustments for smaller and larger families. Moderate-Income Families (HUD) - Families whose income does not exceed 80 percent of the median income for the area, as determined by HUD with adjustments for smaller and larger families. DRAFT Moderate-Income Person or Household (SHIP) - means one or more natural persons or a family, that has a total annual gross household income for the household that does not exceed 120 percent of the median annual gross income adjusted for family size for households within the metropolitan statistical area (MSA), the county, or the non-metropolitan median for the State, whichever is greatest. Person with Disability - A person who is determined to (1) have a physical, mental or emotional impairment that: (i) is expected to be of long-continued and indefinite duration; (ii) substantially impedes his or her ability to live independently, and (iii) is of such a nature that the ability could be improved by more suitable housing conditions or (2) have a developmental disability as defined in section 102 (7) of the Developmental Disabilities Assistance and Bill of Rights Act. Or (3) be the surviving member or member of any family that had been living in an assisted unit with the deceased member of the family who had a disability at the time of his or her death. Overcrowding - A housing unit containing more than one person per room. Severe Cost Burden - The extent to which gross housing cost, including utility costs, exceed 50 percent of gross income, based on data available from the U.S. Census Bureau. Single Person - A person who lives alone or intends to live alone, and who does not qualify as an elderly family or a displaced person or as the remaining member of a tenant family. V. PROPOSED EVALUATION CRITERIA · The professional qualifications and experience of respondents should include the following: ·experience of firm and staff with similar projects; · statement of local availability and degree of accessibility relative to this project; · reference of clients who can be contacted regarding previous similar projects; and · examples of similar work performed. · Each proposal will be evaluated on the following factors: · Qualifications of the firm; length of time in business; qualification and level of experience of individuals to be directly assigned to the development of the project: (15 Points) · Statement of local availability and degree of accessibility relative to this project: (10 Points) · Capability and experience in completing work of similar scope and complexity, including examples of similar work preferably in Palm Beach County. Knowledge and experience in the development of housing studies: (15 Points) 10 DRAFT · Reference of clients, including name of fn'm, contact persons, address and phone number: (5 Points) · Methodology to be utilized to collect, organize, analyze and update data in addressing the purpose of the study and creativity of approach: (30 Points) · Record of performance and demonstrated ability to provide quality, technical work within a fixed schedule: (10 Points) S:\COMMON~PLANNING\ 1998_99~REPORTSXHSNGSTUD~RFPHSNG.WPD EME 1/99 eme:nel (01/26/99) revised 3/12/99 11 8.G. RESOLUTION NO. 23-99: Approve a resolution assessing costs for abatement action associated with the demolition of an unsafe structure at 1101 S.W. 9th Avenue. The caption of Resolution No. 23-99 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PURSUANT TO ARTICLE 7.8, "UNSAFE BUILDINGS", OF THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH, ASSESSING COSTS FOR ABATEMENT ACTION REGARDING AN UNSAFE BUILDING ON LAND(S) LOCATED WITHIN THE CITY OF DELRAY BEACH; SETTING OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH ABATEMENT AND LEVYING THE COST OF SUCH ACTION; PROVIDING FOR AN EFFECTIVE DATE AND FOR A DUE DATE AND INTEREST ASSESSMENTS; PROVIDING FOR THE RECORDING OF THIS RESOLUTION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE SUBJECT PROPERTY FOR UNPAID ASSESSMENTS; PROVIDING FOR THE MAILING OF NOTICE. (The official copy of Resolution No. 23-99 is on file in the City Clerk's office.) 8.~. RESOLUTION NO. 24-99: Approve a resolution assessing costs for abatement action necessary to remove junked and/or abandoned vehicles from four (4) properties within the City. The caption of Resolution 24-99 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PURSUANT TO CHAPTER 90 OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, ASSESSING COSTS FOR ABATING NUISANCES BY REMOVING JUNKED AND/OR ABANDONED VEHICLES WITHIN THE CITY OF DELRAY BEACH; SETTING OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH ABATEMENT AND LEVYING SAID COSTS; PROVIDING FOR AN EFFEC- TIVE DATE AND FOR A DUE DATE AND INTEREST OF ASSESSMENTS; PROVIDING FOR THE RECORDING OF THIS RESOLUTION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE SUBJECT PROEPRTY FOR UNPAID ASSESSMENTS; PROVIDING FOR THE MAIL- ING OF NOTICE OF LIEN. (The official copy of Resolution No. 24-99 is on file in the City Clerk's office.) 8.I. RESOLUTION NO. 25-99: Approve a resolution assessing costs for abatement action necessary to remove nuisances from ten (10) properties throughout the City. 6 04/20/99 The caption of Resolution No. 25-99 is as follows: A RESOLUTION OF THE CTIY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PURSUANT TO CHAPTER 100 OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, ASSESSING COSTS FOR ABATING NUISANCES UPON CERTAIN LAND(S) LOCATED WITHIN THE CITY OF DELRAY BEACH AND PROVIDING THAT A NOTICE OF LIEN SHALL ACCOM- PANY THE NOTICE OF ASSESSMENT; SETTING OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOM- PLISH SUCH ABATEMENT AND LEVYING THE COST OF SUCH ABATEMENT OF NUISANCES; PROVIDING FOR AN EFFECTIVE DATE AND FOR A DUE DATE AND INTEREST ON ASSESSMENTS; PROVIDING FOR THE RECORDING OF THIS RESOLUTION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE SUBJECT PROPERTY FOR UNPAID ASSESSMENTS. (The official copy of Resolution No. 25-99 is on file in the City Clerk's office). 8.J. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Land Development Boards for the period April 5th through April 16, 1999. 8.K. CONSENT TO SUBLEASE/CHAMBER OF COMMERCE BUILDING: Approve a Consent to Sublease to allow the Chamber of Commerce to sublet two offices in the south end of the Chamber building at 64 S.E. 5th Avenue to the Alzheimer's Community Care Associa- tion. 8.L. AGREEMENT WITH PBC HOUSING & COMMUNITY DEVELOP MENT/CONSULTANT SERVICES TO UPDATE 1994 AFFORDABLE HOUSING STUDY:. Authorize staff to proceed with an agreement with the Palm Beach County Department of Housing & Community Development for the procurement of professional consultant services to update the 1994 Affordable Housing Study (to include Delray Beach ~pecific data and information) in the amount of $10,000.00 with funding from 118-1974-554-31.90 (Neighborhood Housing). 8.M. TEMPORARY USE AGREEMENT WITH THE CRA: Approve a temporary use agreement with the Community Redevelopment Agency for the use of the CRA's parking lot located on the east side of N.W. 1st Avenue across from the Community Center, for parking purposes in conjunction with the Matchpoint Tennis Tournament occurring between May 1 and May 8, 1999. 8.N. WORKSITE AGREEMENT FOR SUMMER YOUTH EMPLOYMENT AND TRAINING PROGRAM: Approve an agreement between and the City and the Palm Beach County Workforce Development Board, Inc. to allow for jo~ opportunities within various City departments for partic- ipants in the Summer Youth Employment and Training program, for the period June 1, 1999 through August 31, 1999. -7- 04/20/99 Mr. Schmidt moved to approve the consent agenda as amended, seconded by Mr. Randolph. Upon roll call the Commis- sion voted as follows: Mr. Wright - Yes; Mr. Randolph - Yes; Mayor Alperin - Yes; Mr. Schmidt - Yes; Mrs. Archer - Yes. Said motion passed with a 5 to 0 vote. 9. REGULAR AGENDA: 9.A. CRA REQUEST FOR REIMBURSEMENT FROM IN LIEU OF PARKING FUND: Consider a request from the Community Redevelopment Agency (CRA) for reimbursement in the amount of $25,181.01 from the in lieu of parking fund for construction of the additional 10 space parking lot in Block 76. Mr. Schmidt moved to approve the CRA request for reimbursement in the amount of $25,181.01 from the in lieu of parking fund. The motion was seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mr. Randolph - Yes; Mayor Alperin - Yes; Mr. Schmidt - Yes; Mrs. Archer - Yes; Mr. Wright - Yes. Said motion passed with a 5 to 0 vote. 9.B. SPECIAL ASSESSMENT DISTRICT FOR N.E. 2ND AVENUE BEAUTI- FICATION: Consider the creation of a special assessment dis- trict for the street beautification of N.E. 2nd Avenue (Pineap- ple Grove Way) from Atlantic Avenue north to the first alley intersection (approximately 140 linear feet). Consensus of the City Commission to proceed with establishing the special assessment district. At this point, the time being 7:20 p.m., the Commis- sion moved to the duly advertised Public Hearings portion of the agenda. 10. PUBLIC HEARINGS: 10.A. ORDINANCE NO. 14-99 (FIRST READING & TRANSMITTAL HEARING FOR COMPREHENSIVE PLAN AMENDMENT 99-1): Consider on first reading an ordinance adopting Comprehensive Plan Amendment 99-1, and authorize transmittal to the State Department of Community Affairs for review. Amendment 99-1 includes various text and exhibit changes as well as two amendments to the Future Land Use Map (FLUM), as follows: The City Manager presented Ordinance No. 14-99: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ADOPTING COMPREHENSIVE PLAN AMENDMENT 99-1 PURSUANT TO THE PROVISIONS OF THE "LOCAL GOVERNMENT COMPREHENSIVE PLANNING AND LAND DEVELOPMENT REGULATION ACT", FLORIDA STATUTES SECTIONS 163.3161 THROUGH 163.3243, INCLUSIVE; ALL AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A" 8 04/20/99 ENTITLED "COMPREHENSIVE PLAN AMENDMENT 99-1" AND INCORPORATED HEREIN BY REFERENCE; PROVID- ING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 14-99 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. The public hearing was closed. 1. Future Land Use Map amendment from Transitional to Open Space-Conservation for Delray Oaks Pre- serve, located at the northwest corner of Con- gress Avenue and S.W. 29th Street. 2. Future Land Use Map amendment removing the Large Scale Mixed Use Overlay for Delray's Lost Drive- In (fka Delray Swap Shop), located on the east side of North Federal Highway approximately 500 feet north of Allen Avenue. .... moved to approve Ordinance No. 14-99 on First Reading, seconded by ..... 10.B. ORDINANCE NO. 15-99: An ordinance rezoning a parcel of land from R-1-A (Single Family Residential) to CF (Community Facilities) District for an expansion of Bar and Ferg's Academy, a private school facility. The subject property is located on the south side of Sterling Avenue, approximately 150 feet west of Sou~h Swinton Avenue, and contains 0.70 acres. 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. Prior to consideration of passage of this ordinance on Second and FINAL Reading, a public hearing has been scheduled to be held at this time. QUASI-JUDICIAL PUBLIC ~EARING The City Manager presented Ordinance No. 15-99: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED R-1-A (RESIDEN- TIAL SINGLE FAMILY) DISTRICT IN THE CF (COMMUNITY FACILITIES) DISTRICT; SAID LAND BEING LOTS 2 THROUGH 7, INCLUSIVE, BLOCK 2, PLAT 1 OF 2, SOUTHRIDGE, LOCATED ON THE SOUTH SIDE OF STERLING AVENUE, APPROXIMATELY 150 FEET WEST OF SOUTH SWINTON AVENUE, AS THE SAME IS MORE PARTICULARLY DESCRIBED HEREIN; AMENDING "ZONING MAP OF DELRAY 9 04/20/99 BEACH, FLORIDA, 1994"; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 15-99 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. The City Attorney stated this item will be conducted as a quasi-judicial hearing which allows for presentations by all involved parties, the admission of documents into the record and public testimony. The City Clerk swore in those individuals who wished to give testimony on this item. Diane Dominguez, Director of Planning and Zoning, entered into the record the Planning and Zoning Department's file o~ this project and a listing of pertinent documents. The Planning and Zoning Board considered this item at its meeting of .............. and recommended approval. The following individuals spoke in opposition: The following individuals spoke in favor: The public hearing was closed. OR ........ There being no one else who, having been duly sworn, wished to address the Commission, the public hearing was closed. Mrs. Archer moved to approve Ordinance No. 15-99 on Second and FINAL Reading, seconded by Mr. Randolph. Upon roll call the commission voted as follows: Mr. Schmidt - Yes; Mrs. Archer'- Yes; Mr. Wright - Yes; Mr. Randolph - Yes; Mayor Alpe- rin - Yes. Said motion passed with a 5 to 0 vote. 10.B.1. CONDITIONAL USE REQUEST/BAR AND FERG'S ACADEMY: Consider a request for conditional use approval to allow the establishment and expansion of a private elementary school for Bar and Ferg's Academy. The subject property is located on the south side of Sterling Avenue, approximately 150 feet west of South Swinton Avenue. QUASI-JUDICIAL PROCEEDING The City Attorney stated this item will be conducted as a quasi-judicial hearing which allows for presentations by all involved parties, the admission of documents into the record and public testimony. -10- 04/20/99 The City Clerk swore in those individuals who wished to give testimony on this item. Diane Dominguez, Director of Planning and Zoning, entered into the record the Planning and Zoning Department's file on this project and a listing of pertinent documents. The Planning and Zoning Board considered this item at its meeting of .............. and recommended approval. The following individuals spoke in opposition: The following individuals spoke in favor: The public hearing was closed. OR ........ There being no one else who, having been duly sworn, wished to address the Commission, the public hearing was closed. Mr. Randolph moved to approve ..., seconded by Mrs. Archer; Upon roll call the Commission voted as follows: Mrs. Archer - Yes; Mr. Wright - Yes; Mr. Randolph - Yes; Mayor Alpe- rin - Yes; Mr. Schmidt - Yes. Said motion passed with a 5 to 0 vote. 11. Con~ents and Inquiries on Non-Aqenda Items from the Public-Immediately following Public Hearings. 11.A. City Manager's response to prior public comments and inquiries. In response to the comments at the last meeting about the process being followed on the design of the Lake Ida Road widening, the City Manager stated the County has contracted with a consultant to do the roadway design. This is common practice and does not signify any delegation of design parameters since the consultant works under the direction of the County Engineer- ing s%aff. With respect to the design conditions that are listed in Resolution No. 42-98, the City Engineer is scheduling a meeting with Palm Beach County to review those design condi- tions and discuss their application to the project. Findings will be reported back to the City Manager who will then report to the City Commission. 11.B. From the Public. 11.B.1~ Jean Beer, 2145 S.W. 26th Terrace, stated she had heard that the State Historical Preservation Society is now looking to lease out some of the building it occupies on Swinton Avenue. This is a building that the City bought from the CRA and leased to the Historical Society for a very nominal rent, and she assumes the City pays for the maintenance on it along with the CRA building next door. Mrs. Beer suggested that if -11- 04/20/99 the CRA is going to move into its own building, perhaps the Historical Society could then move to the current CRA building and vacate the other house. The City could then sell that house, put it on the tax roll and get some money from it. She commented that the City seems to participate in a lot of things where the maintenance goes on forever, and cited the Woman's Club property as an example. Mrs. Beer felt that these situa- tions ought to be looked at to see if there is some way for the City to get some financial benefit out of these properties. 12. FIRST READINGS: None At this point the Commission returned to Item 9.C. on the regular agenda. 9.C. RESOLUTION NO. 27-99 (MID-YEAR BUDGET ADJUSTMENT): Consider a resolution making mid-year adjustments to the adopted budget for FY 1999. The City Manager presented Resolution No. 27-99: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING RESOLUTION NO. 63-98 ADOPTED SEPTEMBER 22, 1998, WHICH MADE APPROPRIATIONS OF SUMS OF MONEY FOR ALL NECESSARY EXPENDITURES OF THE CITY OF DELRAY BEACH, FLORIDA, FOR THE FISCAL YEAR 1998/99, BY SETTING FORTH THE ANTICIPATED REVENUES AND EXPENDITURES FOR THE OPERATING FUNDS OF THE CITY FOR THE FISCAL YEAR 1998/99; TO REPEAL ALL RESOLU- TIONS INCONSISTENT HEREWITH. (The official copy of Resolution No. 27-99 is on file in the City Clerk's office.) The City Manager commented that the detailed backup included in the agenda packet for the mid-year budget amendment shows all of the adjustments. There is an increase in revenue projected of $733,360 and expenses of a like amount of which $30,436 would be going into reserve. He noted that the biggest part of the increase in expenses is for the settlement of the Fire Union contract, that is over $400,000. On question from Commissioner Wright, the City Manager that the Police funding CHECK THIS is primarily for the acquisi- tion of the rest of the laptop computers and associated hardware. Mrs. Archer moved to approve Resolution No. 27-99, seconded by Mr. Schmidt. Upon roll call the Commission voted as follows: Mr. Wright - Yes; Mr. Randolph - Yes; Mayor Alperin - Yes; Mr. Schmidt - Yes; Mrs. Archer - Yes. Said motion passed with a 5 to 0 vote. 9.D. SPECIAL EVENT REQUEST/ART & JAZZ ON THE AVENGE: Consider a request for special event approval for the May 13th Art & Jazz, including temporary use permits for street closures, -12- 04/20/99 staff support, use of City equipment, specified overtime costs, and use of pedi-cabs during the event. Robert A. Barcinski, Assistant City Manager, noted a correction to the agenda and memorandum in that the use of pedi-cabs is not being requested for this event. He then pre- sented an overview of the request, noting that the Commission has capped the amount of overtime the City will pay at $7,500. The actual overtime costs for the December Art & Jazz were $6,092. The staff recommendation is for approval of the quest, 'again setting an upper limit of $7,500 for overtime costs with any difference to be paid by the Joint Venture. Mr. Schmidt moved to approve the special event request for the May 13th Art & Jazz as recommended by staff. The motion was seconded by Mr. Wright. Upon roll call the Commission voted as follows: Mr. Randolph - Yes; Mayor Alperin - Yes; Mr. Schmidt - Yes; Mrs. Archer - Yes; Mr. Wright - Yes. Said motion passed.with a 5 to 0 vote. 9.E. CONTRACT ADDITION (C.O. $1)/COLONNA CONSTRUCTION CO., INC. (BLOCK 20SCEOLA PARK ALLEY IMPROVEMENTS): Approve a con- tract addition (C.O. #1) in the amount of $23,355.00 with Colon- na Construction Co., Inc., under the contract for sidewalk construction on the west side of A1A between Ingraham Avenue and Miramar Street, to include the Block 2 Osceola Park Alley Im- provements project, with funding from 448-5411-538-63.90 (Storm- water Utility - Other Improvements). Mr. Randolph moved to approve the contract addition (C.O. #1) with Colonna Construction Co., Inc. for the Block 2 Osceola Park alley improvements project. The motion was second- ed by Mrs. Archer. Upon roll call the Commission voted as follows: Mayor Alperin - Yes; Mr. Schmidt - Yes; Mrs. Archer - Yes; Mr. Wright - Yes; Mr. Randolph - Yes. Said motion passed with a 5 to 0 vote. 9.F. APPOINTMENT TO THE NUISANCE ABATEMENT BOARD: Appoint an alternate member to the Nuisance Abatement Board for a two year term ending March 31, 2001. The appointment will be made by Commissioner Randolph. Mr. Randolph moved to reappoint Vera Scott to the Nuisance Abatement Board as an alternate member for a two year term ~nding March 31, 2001. The motion was seconded by Mr. Schmidt. Upon roll call the Commission voted as follows: Mr. Schmidt - Yes; Mrs. Archer - Yes; Mr. Wright - Yes; Mr. Randolph - Yes; Mayor Alperin - Yes. Said motion passed with a 5 to 0 vote. 9.G. APPOINTMENT TO THE HISTORIC PRESERVATION BOARD: Appoint a member to the Historic Preservation Board to fill an unexpired term ending August 31, 2000. The appointment will be made by Commissioner Randolph. -13- 04/20/99 Mr. Randolph moved to appoint Mary Lou Jamison to the Historic Preservation Board to fill an unexpired term ending August 31, 2000. The motion was seconded by Mr. Schmidt. Upon roll call the Commission voted as follows: Mrs. Archer - Yes; Mr. Wright - Yes; Mr. Randolph - Yes; Mayor Alperin - Yes; Mr. Schmidt - Yes. Said motion passed with a 5 to 0 vote. 9.H. APPOINTMENT TO THE CIVIL SERVICE BOARD: Appoint a regular member to the Civil Service Board for a two year term ending April 1, 2001. The appointment will be made by Commis- sioner Schmidt. Mr. Schmidt moved to appoint the current alternate member, Allen P. Huntington, to the Civil Service Board as a regular member for a two year term ending April 1, 2001. The motion was seconded by Mr. Randolph. Upon roll call the Commis- sion voted as follows: Mr. Wright - Yes; Mr. Randolph - Yes; Mayor ~lperin - Yes; Mr. Schmidt - Yes; Mrs. Archer - Yes. Said motion passed with a 5 to 0 vote. 9.I. APPOINTMENT TO THE POLICE AND FIRE BOARD OF TRUSTEES: Appoint a public member to the Police and Fire Board of Trustees for a two year term ending April 22, 2001. The appointment will be made by Mayor Alperin. Mayor Alperin stated that he wished to reappoint John Frysinger to the Police and Fire Board of Trustees as a public member for a two year term ending April 22, 2001. Mrs. Archer so moved, seconded by Mr. Randolph. Upon roll call the Commis- sion voted as follows: Mr. Randolph - Yes; Mayor Alperin - Yes; Mr. Schmidt - Yes; Mrs. Archer - Yes; Mr. Wright - Yes. Said motion passed with a 5 to 0 vote. 9.J. APPOINTMENTS TO THE AFFORDABLE HOUSING ADVISORY COMMIT- TEE (RESOLUTION NO. 22-99): Appoint six members to the Afford- able HOusing Advisory Committee, five for two year terms ending March 31, 2001 and one to fill an unexpired term ending March 31, 2000, and adopt Resolution No. 22-99. The appointments will be made by Commissioner Schmidt (Advocate for Low Income Per- sons), Commissioner Archer (Representative of Labor Engaged in Home Building), Commissioner Wright {Residential Building Repre- sentative), Commissioner Randolph (Citizen-at-Large), Mayor Alperin (Provider of Affordable Housing), and Commissioner Schmid~ (Real Estate Professional). The City Manager presented Resolution No. 22-99: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, APPOINTING MEMBERS TO THE AFFORDABLE HOUSING ADVISORY COMMITTEE, PURSUANT TO STATE LAW; PROVIDING AN EFFECTIVE DATE. (The official copy of Resolution No. 22-99 is on file in the City Clerk's office.) -14- 04/20/99 Mr. Schmidt moved to reappoint Joseph D'Ambrosio to the Affordable Housing Advisory Committee in the capacity of Advocate for Low Income Persons for a two year term ending March 31, 2001. The motion was seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Mayor Alperin - Yes; Mr. Schmidt - Yes; Mrs. Archer - Yes; Mr. Wright - Yes; Mr. Randolph - Yes. Said motion passed with a 5 to 0 vote. Mrs. Archer moved to reappoint Sherry Johnson to the Affordable Housing Advisory Committee in the capacity of Repre- sentative of Labor Engaged in Home Building for a two year term ending March 31, 2001. The motion was seconded by Mr. Ran- dolph. Upon roll call the Commission voted as follows: Mr. Schmidt - Yes; Mrs. Archer - Yes; Mr. Wright - Yes; Mr. Randolph - Yes; Mayor Alperin - Yes. Said motion passed with a 5 to 0 vote. Mr. Wright moved to reappoint Albert McNamara to the Affordable Housing Advisory Committee in the capacity of Residen- tial Building Representative for a two year term ending March 31, 2001. The motion was seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Mrs. Archer - Yes; Mr. Wright - Yes; Mr. Randolph - Yes; Mayor Alperin - Yes; Mr. Schmidt - Yes. Said motion passed with a 5 to 0 vote. Mr. Randolph moved to reappoint Carmelita Smith to the Affordable Housing Advisory Committee in the capacity of Citi- zen-at-Large for a two year term ending March 31, 2001. The motion was seconded by Mr. Schmidt. Upon roll call the Commis- sion voted as follows: Mr. Wright - Yes; Mr. Randolph - Yes; Mayor Alperin - Yes; Mr. Schmidt - Yes; Mrs. Archer - Yes. Said motion passed with a 5 to 0 vote. Mayor Alperin asked that his appointment of a Provider of Affordable Housing member to the Affordable Housing Advisory Committee be deferred to a future meeting so that staff can continue to seek additional applicants. Mr. Schmidt asked that his appointment of a Real Estate Professional to the Affordable Housing Advisory Committee be deferred to a future meeting so that staff can continue to seek additional applicants. It was the consensus of the City Commission to defer adoption of Resolution No. 22-99 until such time that the remain- ing vacant positions on the Affordable Housing Advisory Commit- tee are able to be filled with qualified applicants. 9.K. FUNDING REQUEST/PROJECT GRADUATION (OLYMPIC HEIGHTS): Consider a request for funding from Olympic Heights Community High School in support of Project Graduation 1999. The City Manager stated that the Commission has again this year received a request from Olympic Heights Community High -15- 04/20/99 School to help with their Project Graduation 1999. Last year the Commission approved an appropriation of $200 for this event. The request was looked at in terms of the number of Delray Beach students attending that school in comparison to Atlantic High School, and that is how the suggested amount of $250 was arrived at for this year. The school did not ask for a specific amount. Mrs. Archer moved to approve an appropriation in the amount of $250.00 for the Olympic Heights Community High School Project Graduation 1999. The motion was seconded by Mr. Wright. Upon roll call the Commission voted as follows: Mr. Wright - Yes; Mr. Randolph - Yes; Mayor Alperin - Yes; Mr. Schmidt - Yes; Mrs. Archer - Yes. Said motion passed with a 5 to 0 vote. 9.L. EMERGENCY PURCHASE AWARD/PORTABLE FLOORING: Consider ratifying an emergency purchase award in the amount of $25,000 to Regency Party Rentals, Inc. for 10,000 square feet of porta- floor, with funding from 334-4145-572-63.90 (General Construc- tion Fund - Other Improvements). The City Manager explained that there is in next year's capital budget the funding to purchase a floor. We need a floor for the upcoming tournament. We had expected to use plywood as we have in the past, but we found that our plywood had deteriorated to the point where we could not use it. So we had the choice of buying new plywood for $6,000 or we could rent the floor for $7,000. We felt that that would be an unwise investment in either case since we had this programmed for next year, so we had to go ahead and order it in order to get it in time for the tournament so I took the risk that you would ap- prove it and authorized that we go ahead and order this materi- al. We feel the purchase will be a valuable addition to the City and something that will serve us for all of the occasions when we need to cover the tennis courts. On question from Mayor Alperin as to other potential uses for the floor, the City Manager stated that it can be put down over grass since it allows water and air in, so for things like the Delray Affair we might want to put down a roll of it either on the Old School Square grounds or at Veterans Park. As it is, the grass is destroyed and we have to resod. There was also s~me discussion as to the suitability of the flooring for basketball play as this could be an added attraction for the tennis center if an event like 'Hoop-It-Up' could be accommodat- ed at some point. On question from Mr. Schmidt as to the life expectancy of the portable flooring, Mr. Barcinski stated there is a limit- ed five year warranty on the product. However, he would have to check mn the length of time the flooring could be expected to stand up Mr. Schmidt moved to ratify the emergency purchase award to Regency Party Rentals, Inc. in the amount of $25,000 -16- 04/20/99 for 10,000 square feet of portafloor. The motion was seconded by Mr. Randolph. Upon roll call the Commission voted as fol- lows: Mr. Randolph - Yes; Mayor Alperin - Yes; Mr. Schmidt - Yes; Mrs. Archer - Yes; Mr. Wright - Yes. Said motion passed with a 5 to 0 vote. 13. Comments and Inquiries on Non-Agenda Items. 13.A. City ManaHer. The City Manager had no comments or inquiries. 13.B. City Attorney. The City Attorney had no comments or inquiries. 13.C. City Commission. 13.C.1. Commissioner Schmidt commented that County Commission- er McCarty is going to have some money in her budget next year to start a program of trying to work with cities in developing "pocket" parks or small parks in neighborhoods. With the lot acquisition planned for the Seacrest neighborhood between the City and the CRA, Mr. Schmidt suggested staff look into getting some funding from her to put a little park or two in that neigh- borhood. Mr. Schmidt further stated that some of the worst looking right-of-way in the City is that which is in front of the public schools. In talking about this with Commissioner McCarty, she indicated she would go to bat for the City in trying'to set some money, perhaps through Beautiful Palm Beaches grants, if the City wants to pursue it. He wanted to bring this to staff's attention. 13.C.2. Commissioner Archer had no comments or inquiries. 13.C.3. Commissioner Randolph had no comments or inquiries. 13.C.4, Commissioner Wright had no comments or inquiries. 13.C.5. Mayor Alperin stated that a master plan for Atlantic High School was supposed to have been done back in October of 1998, but he has not heard or seen anything about it. He felt it important for the City to see the results of that plan and asked that a request be made to the School Board to obtain a copy of it. Mayor Alperin further stated that although Atlantic is probably the oldest of the five high schools in need of replace- ment or major renovations, it has been ranked fourth by the School Board. One reason why it should be moved up is that construction of the new Boynton Beach high school is about to get underway. When that school is finished, it is going to relieve a considerable number of students from the Atlantic -17- 04/20/99 campus. Mayor Alperin felt it appropriate that as the new high school is developed, the plans for Atlantic should be going at the same time so that the refurbishment can take place while the student population is down due to the opening of the new high school. He asked that a letter be sent to the School Board suggesting they hire an architect as soon as possible to coordi- nate the reconstruction of Atlantic to coincide with the time the student population is down before it starts building up again. It was the consensus of the City Commission to concur with Mayor Alperin's comments, with direction that a letter be sent indicating that the City Commission would like the School Board, instead of ranking Atlantic High School, to hire an architect to coordinate the Atlantic reconstruction with the construction of the Boynton high school so that it will follow at the appropriate time and not end up another year or two after the Boynton high school has opened. There being no further business, Mayor Alperin de- clared the meeting adjourned at 7:45 p.m. City Clerk ATTEST: MAYOR The undersigned is the City Clerk of the City of Delray Beach, Florida, and the information provided herein is the minutes of the meeting of said City Commission of April 20, 1999, which minutes were formally approved and adopted by the City Commis- sion on City Clerk NOTE TO READER: If the minutes you have received are not completed as indicated above, this means they are not the official minutes of the City Commission. They will become the official minutes only after review and approval which may involve some amendments, additions or deletions. o /xo/99 MARCH 25f 1999 ANNUAL ORGANIZATIONAL MEETING DELRAY BEACH CITY COMMISSION (1) The annual organizational meeting of the City Commission of the City of Delray Beach, Florida, was called to order by Vice- Mayor Kenneth C. Ellingsworth in the Commission Chambers at City Hall at 6:00 p.m. on Thursday, March 25, 1999. Roll call showed: Commissioner Patricia Archer Commissioner David Randolph Commissioner David Schmidt Vice-Mayor Kenneth C. Ellingsworth (2) The Pledge of Allegiance to the Flag was given. (3) Presentation of statements, if desired, by Commission members. The City Attorney stated that she has enjoyed serving with Vice-Mayor Ellingsworth during his tenure on the City Commission and will miss him very, very much. Commissioner Schmidt stated that it has been a real pleasure working with Mr. Ellingsworth. Vice-Mayor Ellingsworth expressed his thanks and appreciation to the City staff for the opportunity to have worked with them and for the fine job they do for the City of Delray Beach. (4) Adjournment of extant Commission. Vice-Mayor Ellingsworth declared the adjournment of the extant City Commission at 6:03 p.m. (5) The City Clerk administered the oath of office to Commissioner Patricia Archer, Commissioner David Schmidt, and Commissioner Michael Wright. (6) Roll call showed: Commissioner Patricia Archer Commissioner David Randolph Commissioner Michael Wright Deputy Vice-Mayor David Schmidt (7) Selection of Vice-Mayor (for the term March 25, 1999 through March 30, 2000). Mrs. Archer moved to nominate Deputy Vice-Mayor David Schmidt to serve as Vice-Mayor of the City of Delray Beach for the term March 25, 1999 through March 30, 2000. The motion was seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Deputy Vice-Mayor Schmidt - Yes; Mrs. Archer - Yes; Mr. Wright - Yes; Mr. Randolph - Yes. Said motion passed with a 4 to 0 vote. (8) Selection of Deputy Vice-Mayor (for the term March 25, 1999 through March 30, 2000). Mr. Randolph moved to nominate Commissioner Patricia Archer to serve as Deputy Vice-Mayor of the City of Delray Beach for the term March 25, 1999 through March 30, 2000. The motion was seconded by Mr. Wright. Upon roll call the Commission voted as follows: Mrs. Archer - Yes; Mr. Wright - Yes; Mr. Randolph - Yes; Vice-Mayor Schmidt - Yes. Said motion passed with a 4 to 0 vote. (9) Review and acceptance of regularly scheduled City Commission meeting dates for the period April 1999 through March 2000. Mrs. Archer moved to approve the regularly scheduled City Commission meeting dates as presented for the period April 1999 through March 2000, with the proviso that the date for the municipal election may be moved up one week (from March 14th to March. 7, 2000) to coincide with the Presidential Preference Primary. The motion was seconded by Mr. Wright. Upon roll call the Commission voted as follows: Mr. Wright - Yes; Mr. Randolph - Yes; Vice-Mayor Schmidt - Yes; Mrs. Archer - Yes. Said motion passed with a 4 to 0 vote. (10) Establish date for 1999 Goal Setting session. The City Manager stated that Thursday, April 8, 1999, is the tentative date for the 1999 goal setting session. If this is acceptable to the City Commission, formal approval is requested so that final arrangements can be made. Mr. Randolph moved to approve the date of April 8, 1999, for the 1999 City Commission goal setting session. The motion was seconded by Mrs. Archer. Upon roll call the Commission 03/25/99 2 voted as follows: Mr. Randolph - Yes; Vice-Mayor Schmidt - Yes; Mrs. Archer - Yes; Mr. Wright - Yes. Said motion passed with a 4 to 0 vote. (11) Review and adoption of Rules of Procedure - Delray Beach City Commission (Local Rules). Mrs. Archer moved to adopt the Rules of Procedure as submitted. The motion was seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Vice-Mayor Schmidt - Yes; Mrs. Archer - Yes; Mr. Wright - Yes; Mr. Randolph - Yes. Said motion passed with a 4 to 0 vote. (12) Review of City Commission liaison appointments to various advisory boards and outside agencies. Vice-Mayor Schmidt reviewed the following liaison assignments: ** Mr. Schmidt will continue to serve as liaison to the Downtown Development Authority; ** Former Mayor Tom Lynch will continue to serve as Commission appointee to the General Employees Retirement Committee; Mrs. Archer will continue to serve as liaison to the Parking Management Advisory Board; ** Mayor Alperin is a sitting member on the Police & Fire Board of Trustees; ** The City Manager will continue to serve as the City's representative to the Palm Beach County League of Cities; ** Paul Dorling, Principal Planner, will continue to serve as the City's representative to the Palm Beach County Beaches and Shores Council; ** As far as the City's representative to the Metropolitan Planning Organization, Vice-Mayor Schmidt made special mention of the fact that Commissioner Ellingsworth had served in this capacity during his tenure on the Commission and did a wonderful job, being largely responsible for the City receiving close to one million dollars in road improvement and 03/25/99 3 beautification funds. Mr. Wright stated he would be willing to serve as the City's representative to the Metropolitan Planning Organization. Mr. Randolph so moved, seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Mrs. Archer - Yes; Mr. Wright - Yes; Mr. Randolph - Yes; Vice-Mayor Schmidt - Yes. Said motion passed with a 4 to 0 vote. Mr. Randolph will continue to serve as the alternate representative to the Metropolitan Planning Organization. ** Lastly, Mayor Alperin will continue to serve as liaison to State Representative William F. Andrews, District 87, and as the official representative to the Intergovernmental Coordination Issues Forum. For clarification, the City Manager asked if Commissioner Randolph wished to continue serving as the alternate representative to the Palm Beach County League of Cities? Mr. Randolph stated he would continue to serve in this capacity. (13) Presentation of statements, if desired, by Commission members. Mr. Wright thanked everyone for their help during the election process. He thanked his family for their support, and also thanked Barbara Brown for the grace and dignity with which she accepted the results of this extremely close election. Mr. Randolph reiterated his thanks and appreciation to outgoing Commissioner Ken Ellingsworth. It was a real pleasure to serve with him over the years. Mr. Randolph stated this has been ~ very solid Commission since 1990 that has worked hard for the betterment of the community. In welcoming the new members to the Commission, he hopes to see it remain that way as he moves into his last year of service. The City still has its problems, but they are acknowledged and are being worked on. With the grace of God, everything will be all right. Mrs. Archer thanked everyone who voted for her and who assisted with the election. She is very pleased to have the confidence of the voters and to have had such a wonderful turnout at the polls. Mrs. Archer also thanked Commissioner O3/25/99 4 Ellingsworth for the opportunity to have served with him for just these few months and for everything he has done for her. Vice-Mayor Schmidt stated he has really enjoyed serving on the Commission the last two years and is looking forward to the future. He thanked his wife, Jennifer, for her support. There being no further comments or business, Vice-Mayor Schmidt declared the meeting adjourned at 6:15 p.m. City Clerk ATTEST: MAYOR The uhdersigned is the City Clerk of the City of Delray Beach, Florida, and the information provided herein is the minutes of the annual organizational meeting of said City Commission held on March 25, 1999, which minutes were formally approved and adopted by the City Commission on City Clerk NOTE TO READER: If the minutes you have received are not completed as indicated above, this means they are not the official minutes of the City Commission. They will become the official minutes only after review and approval which may involve some amendments, additions or deletions. 03/25/99 5 CITY OF DELRAY BEACH, FLORIDA - CITY COMMISSION REGULAR MEETING APRIL 20, 1999 - 6:00 P.M./PUBLIC HEARING 7:00 P.M. COMMISSION C~!AMBERS The City will furnish auxiliary aids and services to afford an individual with a disability an opportunity to participate in and enjoy the benefits of a service, program or activity conducted by the City. Contact Doug Randolph at 243-7127 (voice) or 243-7199 (TDD), 24 hours prior to the event in· order for the City to accommodate your request. Adaptive listening devices are available for meetings in the Commission Chambers. 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. B. Comments and Inquiries on Non-Agenda Items from the Public: Any citizen is entitled to be heard concerning any matter within the scope of jurisdiction of the Commission under this section. The Commission may withhold comment or direct the City Manager to take action on requests or comments. C. Regular Agenda and First Reading Items: When extraordinary circumstances or reasons exist and at the discretion of the Commission, citizens may speak on any official agenda item under these sections. 2. SIGN IN SHEET: Prior to the start of the Commission Meeting, individuals wishing to address public hearing or non-agendaed items should sign in on the sheet located on the right side of the dais. If you are not able to do so prior to the start of the meeting, you may still address the Commission on an appropriate item. The primary purpose of the sign-in sheet is to assist staff with record keeping. Therefore, when you come up to the podium to speak, please complete the sign-in sheet if you have not already done so. 3. ADDRESSING THE COMMISSION: At the appropriate time, please step up to the podium and state your name and address for the record. Ail comments must be addressed to the Commission as a body and not to individuals. Any person making impertinent or slanderous remarks or who becomes boisterous while addressing the Commission shall be barred by the presiding officer from speaking further, unless permission to continue or again address the Commission is granted by a majority vote of the Commission members present. APPELLATE PROCEDURES Please be advised that if a person decides to appeal any decision made by the City. Commission with respect to any matter considered at this meeting, such person will need to ensure that a verbatim record includes the testimony and evidence upon which the appeal is based. The City neither provides nor prepares such record. AGENDA 1. Roll Call. 2. Invocation. 3. Pledge of Allegiance to the Flag. 4. Agenda Approval. 5. Approval of Minutes= None 6. Proclamations= A. "Victims' Rights Week" - April 25 thru 30, 1999 7. Presentations: A. Proposed CRA 1999 Revenue Bond Issues ($4.7 Million) 8. Consent Agenda: City Manager recommends approval. A. 'AUTHORIZATION TO PROCEED WITH SMALL METER REPLACEMENT PROGRAM: Authorize staff to proceed with negotiations for bank financing in an amount not to exceed $3,513,306 for the small water meter replacement program, and approve Sensus Technologies, Inc. as the sole source provider for the purchase and installation of the equipment to implement the project. B. REQUEST FOR REDUCTION IN PAVEMENT WIDTH/CORAL TRACE: Approve a .reduction in pavement width from 24 feet to 22 feet for the internal streets located within the duplex portion of Coral Trace subdivision, based upon positive findings. C. RELEASE AND TERMINATION OF OFF SITE PARKING AGREEMENT: Approve an Agreement and Mutual Release that terminates an Off Site Parking Agreement entered into by the City with Delray New Wave and Michael Weiner, as Trustee, for the use of ten (10) parking spaces. D. BAY STREET DEVELOPER'S AGREEMENT WITH IRONWOOD PROPERTIES: Approve an agreement with Ironwood Properties, Inc. for the developer's contribution of $51,955.00 toward the cost of water main and sewer infrastructure improvements associated with the Bay Street water, storm drain and road reconstruction project, in conjunction with Ironwood Properties' development of the Windsor Court Townhomes project on Bay Street. Regular Commission Meeting April 20, 1999 E. FINAL PAYMENT/MARINE ENGINEERING CONTRACTORS (FILTER DECK TILE REPLACEMENT AT WATER TREATMENT PLANT): Approve final payment in the amount of $7,805.72 to Marine Engineering Contractors, Inc. for completion of the filter deck tile replacement project at the Water Treatment Plant, with funding in the amount of $2,825.72 from 441-5143-536-46.10 (W&S Building Maintenance) and $4,980.00 from 441-5122-536-46.10 (Water Treatment & Storage/Building Maintenance). F. FUNDING SUBSIDIES UNDER THE DELRAY BEACH RENAISSANCE PROGRAM: Approve funding subsidies in the total amount of $44,000 for three (3) income eligible applicants under the Renaissance Program, with funding from 118-1924-554-83.01 (SHIP). G. RESOLUTION NO. 23-99: Approve a resolution assessing costs for abatement action associated with the demolition of an unsafe structure at 1101 S.W. 9th Avenue. H. RESOLUTION NO. 24-99: Approve a resolution assessing costs for abatement action necessary to remove junked and/or abandoned vehicles from four (4) properties within the City. I. RESOLUTION NO. 25-99: Approve a resolution assessing costs for abatement action necessary to remove nuisances from ten (10) properties throughout the City. J. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Land Development Boards for the period April 5th through April 16, 1999. K. CONSENT TO SUBLEASE/CHAMBER OF COMMERCE BUILDING: Approve a Consent to Sublease to allow the Chamber of Commerce to sublet two offices in the south end of the Chamber building at 64 S.E. 5th Avenue to the Alzheimer's Community Care Association. L. AGREEMENT WITH PBC HOUSING & COMMUNITY, DEVELOPMENT/CONSULTANT SERVICES TO UPDATE 1994 AFFORDABLE HOUSING STUDY: Authorize staff to proceed with an agreement with the Palm Beach County Department of Housing & Community Development for the procurement of professional consultant services to update the 1994 Affordable Housing Study (to include Delray Beach specific data and information) in the amount of $10,000.00 with funding from 118-1974-554-31.90 (Neighborhood Housing). 9. Regular Agenda: A. CRA REQUEST FOR REIMBURSEMENT FROM IN LIEU OF PARKING FUND: Consider a request from the Community Redevelopment Agency (CRA) for reimbursement in the amount of $25,181.01 from the in lieu of parking fund for construction of the additional 10 space parking lot in Block 76. B. SPECIAL ASSESSMENT DISTRICT FOR N.E. 2ND AVENUE BEAUTIFICATION: Consider the creation of a special assessment district for the RegUlar Commission Meeting April 20, 1999 street beautification of N.E. 2nd Avenue (Pineapple Grove Way) from Atlantic Avenue north to the first alley intersection (approximately 140 linear feet). C. RESOLUTION NO. 27-99 (MID-YEAR BUDGET ADJUSTMENT): Consider a resolution making mid-year adjustments to the adopted budget for FY 1999. D. SPECIAL EVENT REQUEST/ART & JAZZ ON THE AVENUE: Consider a request for special event approval for the May 13th Art & Jazz, including temporary use permits for street closures, staff support, use of City equipment, specified overtime costs, and use of pedi-cabs during the event. E. CONTRACT ADDITION (C.O. ~i)/COLONNA CONSTRUCTION CO., INC. (BLOCK 20SCEOLA PARK ALLEY IMPROVEMENTS): Approve a contract addition (C.O. %1) in the amount of $23,355.00 with Colonna Construction Co., Inc., under the contract for sidewalk construction on the west side of A1A between Ingraham Avenue and Miramar Street, to include the Block 20sceola Park Alley Improvements project, with funding from 448-5411-538-63.90 (Stormwater Utility - Other Improvements). F. APPOINTMENT TO THE NUISANCE ABATEMENT BOARD: Appoint an alternate member to the Nuisance Abatement Board for a two year term ending March 31, 2001. The appointment will be made by Commissioner Randolph. G. APPOINTMENT TO THE HISTORIC PRESERVATION BOARD: Appoint a member to the Historic Preservation Board to fill an unexpired term ending August 31, 2000. The appointment will be made by Commissioner Randolph. APPOINTMENT TO THE CIVIL SERVICE BOARD: Appoint a regular member to the Civil Service Board for a two year term ending April 1, 2001. The appointment will be made by Commissioner Schmidt. I. APPOINTMENT TO THE POLICE AND FIRE BOARD OF TRUSTEES: Appoint a public member to the Police and Fire Board of Trustees for a two year term ending April 22, 2001. The appointment will be made by Mayor Alperin. J. APPOINTMENTS TO THE AFFORDABLE HOUSING ADVISORY COMMITT~ (RESOLUTION NO. 22-99): Appoint six members to the Affordable Housing Advisory Committee, five for two year terms ending March 31, 2001 and one to fill an unexpired term ending March 31, 2000, and adopt Resolution No. 22-99. The appointments will be made by Commissioner Schmidt (Advocate for Low Income Persons), Commissioner Archer (Representative of Labor Engaged in Home' Building), Commissioner Wright (Residential Building 'Representative), Commissioner Randolph (Citizen-at-Large), Mayor Alperin (Provider of Affordable Housing), and Commissioner Schmidt (Real Estate Professional). -4- Regular Commission Meeting April 20, 1999 K. FUNDING REQUEST/PROJECT GRADUATION (OLYMPIC HEIGHTS): Consider a request for funding from Olympic Heights Community High School in support of Project Graduation 1999. L. EMERGENCY PURCHASE AWARD/PORTABLE FLOORING: Consider ratifying an emergency purchase award in the amount of $25,000 to Regency .Party Rentals, Inc. for 10,000 square feet of portafloor, with funding from 334-4145-572-63.90 (General Construction Fund - Other Improvements). 10. Public He&rings: A. ORDINANCE NO. 14-99 (FIRST READING & TRANSMITTAL HEARING FOR COMPREHENSIVE PLAN AMENDMENT 99-1): Consider on first reading an ordinance adopting Comprehensive Plan Amendment 99-1, and authorize transmittal to the State Department of Community Affairs for review. Amendment 99-1 includes various text and exhibit changes as well as two amendments to the Future Land Use Map (FLUM), as follows: 1. Future Land Use Map amendment from Transitional to Open Space-Conservation for Delray Oaks Preserve, located at the northwest corner of Congress Avenue and S.W. 29th Street. 2. Future Land Use Map amendment removing the Large Scale Mixed Use Overlay for Delray's Lost Drive-In (fka Delray Swap Shop), located on the east side of North Federal Highway approximately 500 feet north of Allen Avenue. B. ORDINANCE NO. 15-99: An ordinance rezoning a parcel of land from R-1-A (Single Family Residential) to CF (Community Facilities) District for an expansion of Bar and Ferg's Academy, a private school facility. The subject property is located on the south side of Sterling Avenue, approximately 150 feet west of South Swinton Avenue, and contains 0.70 acres. QUASI-JUDICIAL PUBLIC HEARING 1. CONDITIONAL USE REQUEST/BAR AND FERG'S ACADEMY: Consider a request for conditional use approval to allow the establishment and expansion of a private elementary school for Bar and Ferg's Academy. The subject property is located on the south side of Sterling Avenue, approximately 150 feet west of South Swinton Avenue. QUASI-JUDICIAL PROCEEDING 11. Comments and Inquiries on Non-Agenda Items from the Public- Immediately following Public Hearings. A. City Manager's response to prior public comments and inquiries. B. Prom the Public. 12. First Readings: None -5- Regular Commission Meeting April 20, 1999 13. Comments and Inquiries on Non-Agenda Items. A. City Manager B. City Attorney C. City Commission -6- CITY COMMISSION CITY OF DELRAY BEACHf FLORIDA REGULAR MEETING - APRIL 20f 1999 6:00 P.M. - COMMISSION CHAMBERS AGENDA ADDENDUM Item 5., A~proval of Minutes, is amended by adding the following: Minutes of the Annual Organization Meeting - March 25, 1999 The Consent Agenda is amended by adding the following: 8.M. Tem~orar~ Use Agreement with the CRA: Approve a temporary use agreement with the Community Redevelopment Agency for the use of the CRA's parking lot located on the east side of N.W. 1st Avenue across from the Community Center, for parking purposes in conjunction with the Matchpoint Tennis Tournament occurring between May 1 and May 8, 1999. 8.N. Worksite Agreement for Summer Youth Employment and Training Program: Approve an agreement between the City and the Palm Beach County Workforce Development Board Inc. to allow for job opportunities within various City departments for participants in the Summer Youth Employment and Training program, for the period June 1, 1999 through August 31, 1999. Also, a revised property ownership map relating to Item 9.B., Special Assessment District for N.E. 2nd Avenue Beautification, is provided for your information. The map provided in the agenda packet on Friday is incorrect. 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. ref:addendum CITY OF DELRAY BEACH ~ SIGN IN SHEET NAME ADDRESS/ (PLEASE PRINT) OR ORG32~IIZATION ITEM I I. ' I I i 6. I . 7 8 ' 9. 10. 11. 12. . 13 I , ~ ~17 ~18. I m19. I m20 I ' I ~21. ~22. WHEREAS, United States residents age 12 or older experience approximate 34.8 million crimes annually which include 25.8 million property crimes and 9 million crimes of violence and personal thefts; and WHEREAS, the U.S. Department of Justice estimates that for every 1,000 persons there occurred 1 rape or sexual assault, 3 assaults with serious injury and 4 robberies; and WHEREAS, only 37 percent of crimes are reported to law enforcement officials; and WHEREAS, to fight the continuing threat of crime and victimization, all Americans must join together, committing their individual and collective resources to crime prevehtion and victim services; and WHEREAS, over 6,000 victim service, criminal justice and law enforcement organizations will work together to observe the commemoration of Victims' Rights Week; and WHEREAS, the City of Delray Beach requires the commitment of concerned citizens and leaders in both the public and private sectors to continue providing quality services which aid the innocent victims of crime. NOW, THEREFORE, I, JAY ALPERIN, Mayor of the City of Delray Beach, Florida, on behalf of the City Commission, do hereby proclaim the week of April 25 through April 30, 1999, as "VICTIMS' RIaHTS WEEK" in the City of Delray Beach, and ask all its residents to support public and private criminal justice 'and law enforcement organizations and acknowledge victims rights. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Official Seal of the City of Delray Beach, Florida, to be affixed this 20th day of April, 1999. MAYOR JAY ALPERIN SEAL MEMO CITY MANAGER'S OFFICE DFLI~A¥ IfF. ACH 993 /IPR I !g99 ~ i March 31, 1999 ..; ' "" ...... ~ ~',?,1 : The Honorable ,]'ay Alperin, Mayor City of belray Beach ~6': ~:~(~/~. Department of ~blic S~e~ lO0 N. W. First Avenue Victim Se~ices ~oo w~. ~.~ ~e~.~, S.~ ~0 Delr~y Beach, FL 33444 Delmy Be~ch, FL ~444 F~: (561)274-1511 Dear Mayor Alperin: w~.co.palm-beach.fl.us Fo~ the post thirteen yeu~s Palm Beach Coun~ ViCtims' m Rights Coalition has acknowledged National Victims' Rights Week. The week of April 25 through April 30 has been r~m ee~h co..~ designated as Victims' Rights Week for this year. During this ~o~ or co..~ week there will be numerous events taking place acknowledging co~,,~o.~, and supporting crime victims. Maude Ford Lee, Chair w~,e~ H. ~e~e,. wc~ Ch~. Palm Beach Coun~ Victim Services office, located in the ~n T. a~c~ south coun~ house, will be sponsoring the "Officer of the Year c~o~ a. aobe,~ Award Ceremony." This is an annual victim's rights week event. This is the first time the event will be held in the south count. Mary McCarty Burr Aaronson In the past, for any south coun~ victims' right event, we Tony Masilot~i have invited the Mayor of the City of Delray Beach to present prodamation commemorating Victims' Rights Week. It would be an honor and a privilege to have you join us and present co..~ Administ~r proclamation from the City of belray Beach on behalf of ~ob~, w~,~. crime victims. The ceremony will take place on Thursday, ApRI ag, at 3:~ p.m. at the south county cou~house, cou~oom numbe~ 6. ]~ have enclosed a copy of a proclamation from previous years. Please call me Jf you have any questions or if ]~ can offer further assistance. With Sincere tha~ksJ.-~- '" ~ Affirman've Act,'on Employer" Collie Evan~.w.~-----~ ~ printed o. recycled paper Supervisor :l?y DF DELR IV 8ESI[H 100 N.W. 1st AVENUE DELRAY BEACH, FLORIDA 33444 407/243-7000 WHEREAS, almost thirty-five million Americans become victims of crime each year, with 5.7 million citizens falling prey to violence; and, WHEREAS, the U. S. Department of Justice estimates that five out of six of today's twelve-year olds -- 83 percent of Americans that age -- will be the victims or intended victims of violent crime in their lifetime; and, WHEREAS, only 37 percent of crimes are reported to law enforcement officials; and, WHEREAS, to fight the continuing threat of crime and victimization, all Americans must join together, committing their individual and collective resources to crime prevention and victim services; and, WHEREAS, over 6,000 victim service, criminal justice and law enforcement organizations will work together to observe the commemoration of Vic'~iins' Rights Week; and, WHEREAS, the Citf of Delray Beach requires the commitment of concerned citizens and leaders in both the public and private sectors to continue providing quality services which aid the innocent victims of crime. NOW, THEREFORE, I, THOMAS E. LYNCH: ~ayor of the City of Delray Beach, Florida, on behalf of the City Commission, do hereby proclaim the week of April 25 through ~ay 1, 19~3, as "VICTIMS' RIGHTS WEEK" in the City of Delray Beach. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Official Seal of the City of Delray Beach, Florida, to be affixed this 27th day of April, 1993. ~-"/ .[--/ [vl~A/k'' 0 R THOMA~ E. LYNCH 04 08~'9.q 08:43 FAX 561 243 7816 DELRAY BEACH POLICE DEPT [~003 Bureau of.lustice Statistics Criminal Victimization, General Page l of 3 W U.S. I)~tm~,t of Bureau of Justice Statistics ~etqrn ,o,he , Criminal Victimization, General home CHine fa~= ~ Summa~ findings ~ BJ~ publications ~,~to c~== Summa~ findings an~ Vic{ires St~isUcs · In 1997, U.S. residents age 12 o~ o}der expe~enced approximately 34.8 million c~mes, ack.lng to 1 ~97 fir~dings from the National Crime Vi~imizafion Su~ey. -- 74% (25.~ million) were pmpe~y c~mes - 25% (8.6 m~llion) were c~mes of violen~ - 1% were pe~onal thefts. · In 1997 for every 1,000 persons age 12 or older, there occurred --1 rape or sexual assault --3 assaults with serious injury --4 robberies (A table with NCVS midyear 1998 rate estimates is available in ascii for downloading .) · Murders were the least frequent violent victimization -- about 7 murder victims per 100,000 persons in 1997. For more information about homicide, see Homicide Trends in the United States, a section of the BJS web site which outlines patterns and trends in homicide since 1976. ,~ To the top BJS Publications This list is in order of the mast recent publication first. Additional titles are listed on other topical pages and a comprehensive list is contained on the BJS publications page. To see a full abstract of a publication linked to electronic versions of the publication, click on the title below. Homicide Trends in the United States, 1/99. Outlines the primary findings from a new section of the BJS web site about homicide patterns and trends since 1976. NCJ 173956 Criminal Victimization 19~7: Changes 1996-97 with Trends t 993-97, 12/98. This report summarizes criminal victimization levels and rates in 1997. It also includes other findings about the characteristics of victims and examines trends in victimization rates from 1993 to 1997. NCJ 173385 Criminal Victimization 1996: Changes 1995-96 with Trends 1993-96. 11/97. NCJ 165812 http://www, qiP. u sdoj. gov/bj s/cvictgen.htm 4/8/99 Community Redevelopment la Agency Delray Beach MEMORANDUM To: Mayor Alperin and City of Delray Beach Board of Commif..~.io~ers From: John Weaver, Chairman of CRA Board of Commissione~ Date: April 15, 1999 RE: Proposed 1999 Series A and Series B Bond Issue The CRA Board approved a Request for Proposal on a $4,700,000 bond issue on April 8, 1999. ($3,700,000 Tax-Exempt and $1,000,000 Taxable) Please refer to the attached preliminaxy list of project fund expenditures for this issue, the Fiscal Year 1999 through Fiscal Year 2003 budget model incorporating this issue and the Request for Proposal. Our Agency's schedule is listed below. ~Apri120, 1999 Review at City Commission meeting May 7, 1999 City Clerk to send notice to taxing districts May 17, 1999 Expect bids in May 20, 1999 CRA Board to rank bids May 27, 1999 CRA Board approves June 1, 1999 City Commission approves June 2, 1999 Close Please call Christine Caron or Chris Brown at 276-8640 if you have any questions or need additional information prior to Tuesday night's meeting. Thank you. ,, 24 N. Swinton Avenue, Delray Beach, FL 33444 (561) 276-8640 / Fax (561) 276-8558 DELRAY BEACH COMMUNITY REDEVELOPMENT AGENCY PRELIMINARY LISTING OF PROJECT FUND EXPENDITURES FROM PROPOSED 1999 BOND ISSUE AS OF APRIL 8, 1999 Item Tax-Exempt Taxable 1. Pineapple Grove Street Beautification $ 700,000 2. ISTEA - W. Atlantic Ave. Street Improv. $ 934,000 3. Seacrest Neighborhood Property Acq. $ 865,000 for Construction of Parking Lots 4. Other West Atlantic Avenue Property $1,201,000 $1,000,000 Acquistion for Redevelopment TOTAL $3,700,000 $1,000,000 The Delray Beach Community Redevelopment Agency The Delray Beach Community Redevelopment Agency (the "Agency") is requesting bids from qualified lending institutions (the "Bidder") on its proposed $3,700,000 Series 1999A Bank Qualified mx-exempt Bonds and $1,000,000 Series 1999B taxable Bonds (collectively, the "Bonds"). The Bonds will be authorized by a Resolution of the Board of Commissioners of the Delray Beach Commtmity Redevelopment Agency (the "Board") and secured by a pledge of the Pledged Revenues of the Agency. The Pledged Revenues "shall mean all moneys on deposit in the Redevelopment Trust Fund derived from the proceeds of the Agency's Tax Increment Revenues and all investment earnings thereon" as defined in the Resolution. The Bonds will be issued on parity with the Series 1993B, Series 1997A arid Series 1997B Bonds (the "1997 Bonds") currently outstanding. Proceeds of the Bonds will be used for, among other projects authorized by the Board, the acquisition of certain real property to be redeveloped within the City of Delray Beach. Included herewith you will find: 1. Audited Financial Statements of the Agency for the Fiscal Years Ended September 30, 1996, 1997 and 1998. 2. The Agency's Budget for the Year ended September 30, 1999. 3. Historical Tax Revenue of the Agency for the fiscal years 1986 through and including fiscal year 1999 and the estimated 2000 revenue. 4. Agency and City of Delray Beach Assessed Value Historical Trends for the years 1985 through 1998 and the estimated 1999 assessed value. 5. A preliminary listing of project fund expenditures. * 6. A copy of Resolution No. 97-2 of the Agency authorizing the issuance of the 1997 Bonds. You are invited to submit a written bid pursuant to the TERMS OF THE PROPOSED TRANSACTION as set forth below. TERMS OF THE PROPOSED TRANSACTION AMOUNT: $4,700,000 PREFERRED STRUCTURE: $3,700,000 Tax-exempt, Bank Qualified Fixed Rate $1,000,000 Taxable, Fixed Rate ALTERNATE STRUCTURE: $3,700,000 Tax-exempt Bank Qualified Variable Rate $1,000,000 Taxable, Fixed Rate FINAL MATURITY: Tax-exempt Series 1999A -September 1, 2019 Taxable Series 1999B-September 1, 2014 REPAYMENT TERMS: Interest on the Series 1999A Tax-exempt Bonds will be payable on September 1, 1999 and semiannually thereat~er on March 1 and September 1 of each year. Principal on the Series 1999A Tax-exempt Bonds will be payable annually on September 1, the first payment due on September 1, 2003. AGC&F 1:05 PM 4/9/99 Interest on the Series 1999B Taxable Bonds will be payable on September 1, 1999 and semiannually thereafter on March 1 and September 1 of each year. Principal on the Series 1999B Taxable Bonds will be payable annually on September 1, the first payment due on September 1, 2000. INTEREST RATE ADJUSTMENTS: The Agency will accept no interest rate adjustments other than a standard gross-up provision in the event of £mal determination of taxability of the Series 1999A Tax- exempt Bonds. PREPAYMENTS: The Bonds may be prepaid, with accrued interest to date of prepayment, in whole or in part at any time without penalty. FEES AND EXPENSES: All fees that are to be charged to the Agency related to the issuance of the Bonds are to be clearly defined and the amount of such fee stated. If the Bidder is to be reimbursed for any expense including legal expenses, the response should enumerate these expenses in a not to exceed dollar amount. RESERVATION: The Agency reserves the right to request clarification or additional information from any respondent. Irregularities may be waived at the discretion of the Agency and the Agency also reserves the right to reject any and all proposals: The winning bid will be awarded based on the most favorable terms and which produces the lowest net interest expense to the Agency. The item will be before the Board at its regularly scheduled meeting on May 27, 1999. The Board and the City of Delray Beach must approve the final terms of the transaction and the issuance of the Bonds. BID SUBMISSION: Three (3) copies of the bid, signed by a person duly authorized commit the Bidder, should be submitted to the Delray Beach Community Redevelopment Agency, Attention: Mr. Christopher J. Brown, Executive Director 24 North Swinton Avenue, Delray Beach, Florida 33444, with a copy to Clark Bennett, no later than 5:00 P.M. EDT, May 17, 1999. The envelope containing the bids must bear the legend "Bid for the Purchase of Series 1999 Bonds". Bids received after the appointed time will not be considered and will be returned unopened, to the sender. The bonds are expected to close on or about June 2, 1999. Greenberg Traurig, the Agency's Bond Counsel, will deliver its final approving opinion at closing regarding the tax status of thc Tax-exempt Bonds and Bond Qualification. *Subject to final approval by the Board FOR FURTHER INFORMATION, CONTACT: Mr. Clark Bennett American Government Certificates & Funds 319 Clematis Street, Suite 804 West Palm Beach, Florida 33401 (561) 832-2559 AGC&F 1:05 PM 4/9/99 Community Redevelopment l~ll~ Agency Delray Beach DELRAY BEACH COMMUNITY REDEVELOPMENT AGENCY FIVE YEAR BUDGET PROJECTIONS FISCAL YEAR 1999 THROUGH FISCAL YEAR 2003 ASSUME A FOUR MILLION SEVEN HUNDRED THOUSAND DOLLAR BOND ISSUE April 8, 1999 Prepared by Christine Caron 24 N. Swinton Avenue, Delray Beach, FL 33444 (561) 276-8640 / Fax (561) 276-8558 I)~I.RAY BEACH ~ P.~[NI~.~II~NT AGENCY FIVE.YEAR BUDGET I:R~)JECTI(~ THROUGH FY __,~t_~ TOTAL *~'A~IJME $4.7 IBLLION D(~U.AR I~SUE"*' FY 1998 FY 1999 FY 2000 FY 2001 FY 2002 FY 2003 FIVE YEAR NOTES BU~ BUDGET BUDGET BUDGET BUDGET BUDGET BUDGET SOURCE OF FUNDS Tax increment Funds City 615,9041 842,183 928,095 1,017,014 1,109,045 1,204,297 5,100,633 404,7371 560,643 617,834 677,028 738,293 801,703 3,395,50t County Subt~at: TiFs 1 1,020,641 ! 1,402,826 1,545,929 1,6~t,042 1,847,338 2,006,000 8,496,134 Sak~ of Purc~__=,~d__ Lend: Projects Peach Umbrella Plaza: Redevelopment 13 200,000 0 445,000 0 0 0 445,000 West Atlantic A~nue Parking 14 O 0 0 0 0 0 0 West Atientic Avenue Redevelopment 15 55,0001 55,000 734,500 395,000 710,000 0 1 Affoedable Housing 16 177,5001 160,000 170.000 170,000 170,000 170,0~0 840,000 Downtown Mbed Use 17 160,000 ~i 180,000 0 0 0 0 180,000 Bkx:k 76 0 i 0 0 0 0 South Coumy Courthouse 0~ 0 0 0 400,000 0 400,000 No,th Fedemi Highway 0 i 0 0 0 0 85,000 85,050 Block 60: Pmtdng 24 ! 78.000 30,000 0 0 0 106,000 Reimbursemems: Projects i 0 Row 5 3,186/ 2,549 2,549 2,761 2,973 2,973 13,805 West Atlantic A~ue Redev:. Grant~ and Other 15 124.3501 287,500 138,900 489,136 555,000 0 1,470,536 Afl~:m~ble I-leusing: Gr~t~ and Other 16 32,777 7,900 6,900 6,900 6,900 6,900 35.500 Street Impro~mmettt Reimbumements 70 218,600 50,000 50,000 50,000 50,000 418.600 Pineapple Grove Shopping Center & Other Grant 0 50,050 62,500 12.500 0 0 125.000 South County Coulth~use49,537 0 0 0 0 0 0 No~th Federa ~.ghw~. C~ Loan 0 0 0 0 0 Block 60: Historic Homes 49,537 12,281 200,000 0 0 261,818 Bloc~ 50: Pa~ing 0 0 0 0 0 0 0 The Center for E~on. O~w. Bldg.. Gra~t 15 0 0 1,700,000 0 0 0 1,700,000 Block 76 Pa~ing - In Lieu Paddng Fees 18 25,000 30,000 0 0 0 55,000 PROCEEDS FROM BORROWING: TAX EXEMPT 2 3,700,000 0 0 0 0 3,700,000 PROCEEDS FROM BORROWING: TAXABLE 2 55,751 1,000,000 0 0 0 0 1,050,000 Property Revenue 77,636 76,005 121,896 64,529 46,366 388.433 Other Income O 1,400 1,400 1,400 1,400 1,400 7,000 TOTAL SOURCE OF FUNDS 1,923.742 7,3~6,~47 6,070,~ 3.t63,63~ 3,~0'1,¶40 2,4~,639 21.9~0,32~ APPUCATION OF FUNDS BOND 2 DEBT SERVICE 2 564,715 [ 583,581 573,588 633,596 632,065 635,016 3,057,845 BOND 30EBT SERVICE 2 ~; 88,526 305,578 302,790 305.002 446,865 1,448,759 Operating Rese~m 27 50.000 i 50,000 0 0 0 0 50,000 Issuance Cost ~ 45,000 0 0 0 0 45,000 Sub~l Debt SefMce 614.715 767,106 879,166 936,385 937,066 1,081,551 4,601,604 Pro.~:t Expenses Old ScfloM Square 4 0 30,000 50,000 30,000 30,000 30,000 150,000 Bankers Row 5 0 0 0 0 0 0 0 Municipal Tenpi.~ Center 6 49,537 J 49,637 49,537 49,537 49,537 49,537 247,685 Downtown ~ Imrm~ement: 80 000 Joint Venture 8 , 90,000 80,000 80,000 80,(XX) 80,000 410,000 AlleylStre~ Impr. 7 93'000 318,600 100,000 100,000 100,000 150.000 718,600 Pineapple Groom 9 17.5001 96,075 807,433 43,926 33,068 19,855 1,000,357 Facade Program 10 t00,000 25,000 25,000 0 0 0 CRA Subsidized Loan Program 11 100,000~ 85,000 100,000 150,000 100,000 100,000 485,000 Site Development Assistance I 15,000 0 0 0 0 15.000 Community Acth~lise 12 5,000 i 5,000 5,000 5,000 5,000 5,000 25,000 Peech Umbrella Plaza: Redevelopment 13 615 000 ! 240,500 0 0 0 0 240,500 West A~ Avenue Peddn9 14 1,357,O~500 0 0 0 0 0 0 West Atlantic A~ue Redew~k~pment 15 1,318,319 4,479,162 1,249,727 207,564 100,652 7,355,424 DELRAY BEACH CO~UNITY REDEVELOI~IENT AGENCY FIVE-YEAR BUDGET PROJECTION~ THROUGH FY __~90_$ TOTAL ~'*A~UI~E ~,4.7 I~LUON IX)U.AR !_~__~.='** FY 1996 FY 1999 FY 2000 FY 2001 FY 2002 FY 2003 FIVE YEAR NOTES BUDGET BUDGET BUDGET BUDGET BUDGET BUDGET BUDGET Affo~labte Housing 16 182,140i 283,465 284,683 285,962 287.306 288,716 1,430,132 Dow~tow~t Mixed U~e: Redevalopment 17 5,000 25,000 0 0 0 0 I 25,000 Brock 76; Pa~ing 18 110,000 260,000 30,000 0 0 0 290.000 Block 76: Redev~ent 0 0 0 0 0 0 South County Courthouae: Expansion 19 0 10,000 650,000 0 0 660,000 South County Courthouse: Renoua6ou 0i 25,000 0 0 0 0 25,000 Neighlxxhoud Ptanning & ~ 20 25,000i 332,500 630,(X)0 45,000 30,(X)0 30,000 1,067,500 Ncxth Fedenil Highway 21 10.000 10,000 40,000 0 0 85,000 135,000 Master PaHdng Program 22 0 0 0 0 0 0 Detray Beech Tm#ey Systenl 0 0 0 0 0 0 Business D~ent Program 23 0 0 0 0 0 0 Block 60 Perldng & Land Acquisition 24 0 0 0 0 0 0 0 Block 60 De~k~nlent 0 0 0 0 0 0 0 Block 60 Histo~c Homes 0 0 0 0 0 0 0 Project B~ues & Plans 500i 500 500 500 500 500 2,500 Subtotal Pr~ E.xpen~ 2,750,177 3,209,496 6,671.315 2,639,652 922.974 889,260 14,332.697 General & Administrafil~ Salaries 224,846 236,143 247,950 260,348 273,365 287,033 1,304,839 Benefits: Defened C~npenaallon 9,592 13,065 13,718 14,404 15,124 15,881 72,192 Conferences, Seminam 1,500 2,500 2,625 2,756 2,894 3.039 13.814 Dues, Fees & Subscriptions 1,575 1,700 1,785 1,874 1,968 2,066 9,394 Entertainment & Travel 6,180 7,500 7,875 8,269 8,682 9,116 41.442 Insurance:Health 8,682 9,116 9,572 10,050 10,55~ 11,081 50,372 Other 9,000 = 15,000 15,750 16,538 17,364 18,233 82,884 Maintenance & Raft, airs, Security 5,150 5.715 6,001 6,301 6,616 6.947 31,579 Miscellaneous 500 500 500 500 500 500 2,500 ofrce: Equipment & Furniture 2,500 5,000 3,000 3,000 3,000 3,000 17.000 Office: F_.xpense~ & Payroll Sen4ce 25 8,000 10,150 10,658 11,190 11,750 12,337 56,085 Office: Ho~ses & Pa~tdng Lo~ CAM 26 14,000 13,347 12,639 12,000 12,000 12,000 61,986 Prof Fees: Audit, Accounting 10,000 11,000 11,550 12,128 12,734 13,371 60,782 Legal 9.000 15,000 15,750 16,538 17,364 18,233 82,884 Grants 5,000 5,000 5,000 5,000 5,000 5,000 25.000 Other Consulting 5,000 3,000 3,000 3,000 3,000 3,000 15,000 Training 0 1,000 1,000 1,000 1,000 1,000 Public Rela~ons 1,000 1,000 1,000 1 ,O00 1,000 1,000 5,000 Rent: Sten~ge Space 0 720 756 0 0 0 1,476 Rent: Equipment 8,373 8,373 8,792 9,231 9,693 10,177 46,266 Taxes: Payroll 17,988 18,891 19,836 20,828 21,869 22,963 104,387 Telephone&Utilities 12,500 10,000 10,500 11,025 11,576 12,155 55,256 Subtotal Genend & Admini~tmlive 360,386 393,720 409,256 426,979 447,053 468,131 2,145,140 TOTAL APPUCATION OF FUND~ 3,770,083 4,432,346 8,088,107 4,108,916 2,,108,8~6 2,533,773 21,484,1)2~ SUBTOTAl. FUND SOURCES IN EXCESS OF APPI-lCATtONS (1,846,851 2,9~3,803 (2.937,143) (945,281) 1,500,258 (75,134) 506,300 +/-Cash Balance. Beginning of YeatLess Payables 1,336,135 4,299,737 1.362,594 417,313 1.917.568 PROJ. AT YE TOTAL OPERATING PLUS BOND FUND~ 1,336,135 4.299,737 1,362,594 417,313 1,917.568 1,842,434 Less bond monies (928,830 (3,976~479) (390,074) 0 0 TOTAL NET OPERA11NG FUNDS 407,305 323,25~ 972,520 417,312 1,917,5~ D¢lr~¥ Be~ch, Florida ~.z~'gs 1.999 DEBT SE~ICE SCHEDULE Delr~y Be~g:h, Florida DEBT $1~RVIC£ $CH£DUL~ Dire l~.r,c~pal Coupon Inter~.st Tot~ P ~I ~e 4 Delray Beach, Florida com, raun. L*"f R~deve]opmen! A~e..nO' Bo~d.~, ~ t 9~7A DEBT SERVICE SCHEDULE D,t~ Pri.=cil:~l Cott~a lntzr~t Tot,,; P+I 910t;:99t 1 ;'~,Z~t.28 t?&,Z~I.Z6 .~ ~1~ ~ ~ ....................................................................................................... $.~ ~Se G Delr&y Beach, Florida Commuzdty' R~d¢~l~pment Agency Bond~, 8~rie~ Taxmbl~ D£BT S£RVICE SCH£DULE Date I~r~ilml Coupon tnt~est ~olal P+I ~/0 t ~ZOOT ?. t~ ~A3g.~ 7g~3g~ Delz~y Beach, Florida TOTAL DEBT DA~ DE~YC~gA D~L~YC~ggB D~YC~TA D~~ D~Y~93B TOT~ S/ol/t~ ~o~.~ tzo~.~ 9/0I/2~ 1 1 ~.~ 1 ~,~9.~ ~36,~77~ 7~ 1850 9/01/2~ 333~ 112~721~ GZg,~.~ 79~ 9/O[/ZO1Z ~82~ 110~22.~ G57~.~ 79~9.~ 1,179~1G.~ 9/O1/~16 ~36)~ 784,I~.~ t,O71~33.~ 9/01/2017 ~$Z~12.~ ~~ ...................................................................................~ .............. ~,~.~ ~YC~8 ............... ~ .................................................................................. [ ~.~.~ ~~ ................................................................................... 1.~ 03~.~ DELRAY BEACH COIlIIUNITY REDEVELOIIIMENT AGENCY NOTES TO BUDGET FYI~ FYI~ FY~ FY 2~01 FY 2002 ACTUAL BUDGE'II BUDGET BUDGET llUDG~'T BUDGET Taxable Va~ue - Final Valuati~ 33~,08e,824 373,924.~ 387,011,949 4~0,5~7,~67 414,576,875 429,0~7,065 CRA1985 Ba~e Year Taxable Value (245,631,087) (24,5,631,067) (245,6~1,067) (245,~31,087) (245,831,067) (245,631,067) Tax Increment 92,45~,757 128,293,521 141,380,882 154,~2~,380 168,945,808 183,455,998 Q 95% 87,~32,969 121,878,~45 134,311,838 147,179,g8~ 1~0,49~,517 174.283,19e Mi#age rates for t~e ta:~ng ~ City 6.910 TIF$: 610,439 842,183 928,095 1,017,014 1,109,04~ 1,204,297 County 4.600 TIFs: 404.032 560.~t3 617.834 B77.02~ 738.293 Total: 1,014,471 1,4G2.826 1,545,929 1,6~4,042 1,847,338 2,00~,000 % V~reaxe: 38.2ff, 10.20~ 9.5~ 9.05% 8.59% YP.4R VALUAll~N INCR, EA~E 199~ 3~,g24,38~ 10.80% 1997 ~,~,~4 3.73% 1~ ~5,~,1~ 2.14% 1~ 319.1~,~ 2.~% 1~ 312,o~,1m o.~ 1~ ~,475,~ ~.81~ 1~ 312,~ I~1 ~,~,~ 1~ ~,~1,~ 2.~ 1~ ~,~,~1 11.1!% 1~ ~1,310~ ~.74% 1~ 257,~,~ 4.~% CRA ~ T~pt ~ T~le b~ ~ ~ ~k d~ ~ ~ ~ ~ (~ ~.~ T~ ~ ~,~ T~.) F~s~~d~~ ~ ~ ~ ~ 1~7 ~ ~ $7,1~,~ ~ ~ ~ ~.~ T~-~ ~ ~ i~ 1~ (~5 T~ ~ 5. I~; $1.1~ T~ ~ 6.75% ~). ~ C~ p~ ~ ~ ~7 m~ ~ ~ b~s ~ F~ Y~ 1~. (~.7 ml~ - T~pt ~ 11 mB~ - T~) 3. Interest Eeme<l Is from: SBA TIF Trust Account NOTES TO BUDGET ~)fltinued P~ 7 11. Subsi~iized Loan Prngram: Program provides an interest subsidy for reside~tiel and I~uelnees/commerciel pro~ improvement loans. The CRA ho}es to expand le~<ling throogh The Business Loan Fu~l of the Palm Beaches. 12. Community Acttvitisa: Program includes conbibutions to non-profit groups. 13. Peach Uml)relis Redevelopmant Project includes purchasa of proper~es for resale for private development and planning and ecquieltion costs. 14. W, Allantic Ave. Parking: No activity is planned within the nex~ lye fiscal years. 15. West Altaniic Redevelopment Project includes purofmsa of properb/for resais, for privato development and grants. Grants include Development Regions, ISTEA, Beautiful Palm Beacf~s, EDA and CDBG. 16. Afforclable Housing: The CRA contributes to this program by purchasing tois, prov~ling direct subsidies to home buyers and pmt~ip~ling in the Renelsaance progrm'n with the City of Delray Be~. 17. Downtown Mix~:l Usa: Project includes the sale of property in Bloc~ 77. 18. Bloct( 76: The CRA acquired properties on Block 76 for the ~ of a municipal pm'king IoL The agency completed an additional ten spaces in Fiscal Year 1999. 19. South County Courlt~sa: The CRA purchased properties on BIo<~ 53 for the future axpanelon of the C~. Witll the sacond amendment to the ogresmant, the CRA retains t~e commercial prope~ locked on W. All~nt[c Avenue. An eddiliooat acquisil]on will be required. The Kwik Sto~Laundry building Wes purct~esed in 1987 for $105,000, the Discount Auto I)uildiog wes purctmsad in 1990 for $~04,000 and the Pi~ Apts. property was purch~sad in 1986 for $161,000. 20. Nelghbon"tood Planning & Belut~oaliofl: Projects included are Del IDA Beaul~c, at~xt, Osoaois, Se/ex'est and W. ,Settler's Districl. In addition in ,~aacrest the CRA will acquire I)lighted multi-family for the purposes of corts~'tx:l~ nelghbo~ park and parking facililtes. 21. Nor~ Federal Highway: Compledon of re*developmant pisn and study of Royal Palm Street. Fufl~ermore, it is contemplated ~ the paving of Royal Palm Street wil! be accomplished in 2000. with the City, tt,,a de~ of the Yake prope~ m'~ frontage land owners shering the coal 2.2. Master Park{ng P~an: No activity planned in the next lye fscel years. 23. Business Development: Unfunded program to ancourage retailers to locate in the CRA district. 24. Block 60: The CRA anticipates the sale of thirtoan parking spaces in year 1999 -,nd five in yam' 2000. 25. Or, ce Expense: Postage, printing, office supplies, etc. 26. Office: House/Perking CAM: Common area maintenanco charges for Delray Boach Historic Homes Prope;ty Owners Associ~on and Block 60 Parking Condominium Associst]on. 27. The $50,000 operating reserve ia listed es a use for budgell~/purposes, but ia ~ctuelly an ellooalion. As such, t~e ~50,000 must be added to net operaling ~,nds resulting in a total gross oper~ing fund. DELRAY BEAGH COMMUNITY REDEVELOPMENT AGENCY Plge 8 NOTE8 TO BUDGET FY 1909 FY 2000 FY 2001 FY 2002 FY 2003 SCHEDULE A - PROPERTY ACCOUNT BUDGET BUDGET BUDGET BUDGET BUDGET REVENUES Pay Phone Reimbursement 3,000 3,000 3,000 750 0 Prot~ Rental I 57,580 52,442 54,015 13,504 0 CAM Reimbursement K~AkStep, .'_D~L~___,~t Auto & TED Ctr. 2 8,247 11,538 55,590 47,967 46,366 Prope~y T~ Reimbumement 4 4,622 4,761 4,903 1,226 0 Patldng LOt CAM Reimbursement 0 0 0 0 0 Sab~ Ta~( Reimbursement 5 4,O~7 4,124 4,248 1,062 0 Intem~t 140 140 140 0 0 TOTAL REVENUES 77,636 76,005 121,896 64,529 46,366 PROPERTY EXPENSES 6 Ad~e~ising o o o o o Bad Debts, E~iction Expenses 0 0 0 0 0 Insurance 8,000 8,240 8,487 8,742 9,004 Legal Fees 500 500 500 500 0 Maintenance, Repeim & Trash 15,000 12.3~0 12,731 13,1,13 13,506 Miscellaneous 7 100 100 100 100 100 Ta~as: Pmpe~/ 8 10,500 10,815 11,139 0 0 Sales 4.047 4,124 4,248 1,062 0 Utilities 12.000 0 0 0 0 Pa~Jng Lot Maintenamce 9 11,875 12,231 12,598 12,976 13,365 Economic Development Bldg. - Operating F_xl3~nses 0 0 56,096 57,298 56.526 TOTAL EXPENSES 62,022 48,371 105,900 93,791 94,502 TOTAL REVENUES IN EXCESS OF EXPENSES 10,614 27,035 10,997 (20,262) (48,156) DELRAY BEACH COMMUNITY REDEVELOI~IENT AGENCY P~ge 9 NOTES TO BUDGET NOTE !1~ - PROPERTY ACCOUNT REVENUES FY 1999 FY 2000 FY 2001 FY 2002 FY 2003 FOOTNOTES BUDGET BUDGET BUDGET BUDGET BUDGET 1. Prope~y Rental is ~ the ~ng, ~ including Sak~ Tax: a. Peach Umbrella Rents 1,850 0 0 0 0 b. Discount Auto Pints (3,440 st) 30,100 31,605 32,553 8,138 0 c. KwikStop Stop lease (2,344 st) 20,230 20,837 21,462 5,366 0 0 0 0 0 0 d. Westside liquor Store 2,400 0 0 0 0 e. 300 W. AtJantic Ave. Block Apts. 3,000 0 0 0 0 f. TED Center Rent 0 0 0 TOTAL ANNUAL RENTAL INCOME 57,580 52,442 54,015 13,504 0 2. CAM Reimbursement: KwikStop and other Building Tenants a. Kw~kStop Stop lease (2,344 sO 6,866 10,116 10,419 2,605 0 b. Other (1,267 st') 0 0 0 0 0 c. Discount Auto ('insurance mimbumemen 1,381 1,422 1,465 366 0 d. KwikStop Stop lease (3,440) 0 0 0 0 0 e. TED Center CAM 43,705 45,016 4~,366 Subtc~ai: Building Tenants 8,247 11,538 55,590 47,987 46,366 3. CAM Reimbursement: Pa,ldng Luts a. Block 28 (NW 5th) 0 0 0 0 0 b. Block 29 (SW 4th) 0 0 0 0 0 e. Block 76 0 0 0 0 0 f. Future L(Xs 0 0 0 0 0 Subtobal: Paddng Lo~s 0 0 0 0 0 TOTAL ANNUAL CAM REIMBURSEMENT 8,247 11,538 65,590 47,987 46,366 4. Property Tax Reimbursement is from the fg~3wing: Discount Auto Pa~ts 4,622 4,761 4,903 1,226 0 KwikStop: Included in CAM 0 0 0 0 0 TOTAL ANNUAL PROPERTY TAX REIMBURSEMENT 4,622 4,761 4,90:3 1,226 5. Sales Tax Reimbursement is from the fallowing: Westside Liquor Store 144 0 0 0 300 W. AtJenfic Ave. Block Apts. 0 0 0 0 0 Discount Auto Pml$ 2,166 2,267 2,335 584 0 KwikStop Stop 1,626 1,857 1,913 478 0 Peach Umbmlis Properly 111 0 0 0 0 TOTAL ANNUAL SALES TAX REIMBURSEMENT I 4,047 4,124 4,248 1,062 0 6. Property Expe~e~: Expenses f~ pmpetli~ owned by the CRA: Discount Auto Pa~ts Store a~d KwikStop, EDA Buikrmg and o~her p~. 7. Misceilmleou$: F__q:mnsel incun~d for bank and other 8 Prope~ty&Sale~ Proper~ tax is m~eid by tenant~ on aammerclei lxopente~ via direct and CAM mimburaements. Stale aak~ tax is requimd to be collected and mpaid Tmc on all commercial prope~e. 9. Parking L<X Mant.: C~mmon ama maintenance charges for eil parking inls; see altached Scttedule~ for mvenue~ m~l DELRAY BEACH COMMUNITY REDEVELOPMENT AGENCY Page 10 NOTES TO BUDGET FY 1999 FY 2000 FY 2001 FY 2002 FY 2003 NOTE (2~ - PARKING LOT MAINTENANCE BUDGET BUDGET BUDGET BUDGET BUDGET REVENUE Revenue is collected on pafldng lots in which spaces have been $c~1. Revenue is based on the repayment of ail common area maintenance charges Gdus a management fee and a resewe amount for maintenance. No revenue is c=4iscMd from municir)al 1. Block 28 (NW 5th) Condo spaces 0 0 0 0 0 2. Block 29 (SW 4th) Municipal Int 0 0 0 0 0 3. Block 76 Municipal la( 0 0 0 0 0 4. Future Lo~s (3 lots ~ 23 spoces each) C~tdo space~ 0 0 0 0 0 TOTAL REVENUE S0 $0 $0 $0 $0 1. Btoc~ 28 (NW 5th) 22 spaces (4 months) 0 0 0 0 0 2. Block 29 (SW 4th) 23 ~ 2,675 2,755 2,838 2,923 3,011 3. Block 76 131 spaces 9,200 9,476 9,760 10,053 10,355 4. Future Lots (3 lots ~ 23 spaces each) 0 0 0 0 0 TOTAL EXPENSES $11,87S $12~31 $12,598 $12,976 $13,366 TOTAL REVENUE IN EXCESS OF EXPENSES ($11,075) ($12,231) ($12,098) ($12,970) ($13,300) Block 76 Futura Lc~s Bkx:k 29 Itam Nomber of ~ 131 0 23 Landscape Maintenance: Monthly 3,000 0 900 ~ ~: Other 2.000 0 500 Other M,,,intan-,nce 500 0 250 UtiliUes 3,6O0 0 1 ,ooo Real Estate Tm~JAdministratJon 100 0 25 Subtolal Expenses 9,200 0 2,675 Par Space $70 $0 $110 Average per space *Rovoflue based on total numbor of sIMCOO eoM. FY 1909 FY 2000 FY 2001 FY 2002 FY 2003 1. Block 28 (NW 5th) 0 0 0 0 0 2. Block 29 (SW 4th) 0 0 0 0 0 3. Block 76 0 0 0 0 0 4. Futura Lo~ 0 0 0 0 0 PROJECT COSTS OLD SCHOOL SQUARE - THEATRE P~ge 11 Development Co~t~ 04~)7/99 [[EM FY 1999 FY 2000 FY 2001 FY 20Q2 FY 2003 A. Theatre ~. Repayment of Debt Set, ce to City 30.000 30.000 30.000 30,000 30,000 $30,000 $30,000 $30,000 $30,000 $30,000 PROJECT COSTS BANKERS ROW - PARKING & STREET IMPROVEMENTS PAGE 12 ~ FY 1999 FY 2000 FY 2001 FY 2002 E:Y_2~Q3 A. Revenue 1. Reimbumement from City of Deiray Beach 2. Reiml3ut'sementfrom Residents 2,549 2~549 2,761 2,973 2,973 TOTAL REVENUE $2, .549 $2,549 $2,761 $22973 $2,973 TOTAL EXPENSES $0 TOTAL REVENUES IN EXCESS OF EXPENSES 2,549 2,549 2,761 2,973 2,973 PROJECT COSTS MUNICIPAL TENNI~ CENTER PAGE 13 Devetol~ne~ Co~t~ O4/07/99 [T_EM FY lg99 FY 2000 FY 2001 FY 2002 FY 2003 .~ Planning Costs and Legal B. Payments to City of Detmy Beach 49,537 49,537 49,537 49,537 49,537 TOTAL EXPENSES $49,537 $49,537 $49,537 $49,537 $49,537 To~l capital amount $481,000 Q 5.72% for 14 years, paid semi-annually in equal installments. Payment is equal to City payment to CRA for purchase o~ Monterey House ($260,000). PROJECT CO~TS DOWNTOM~I CORE If~q~)VE~.NT~: DCRI~JTOMIN .JOINT VENTURE & IRNEAPflt. E GROVE PAGE '~4 04107/~9 A. Alley & Street Impmt,~ments 1. a. NE 2nd. Ave. - Contribution by Cily of Defray Beech 43,600 b. NE 2nd. Ave. - ConffibutJ~n by PrOl~ Owners 25,000 Sub(~a~ NE 2nd Ave. ~s 68,600 0 0 0 0 2. a. Other Streets - Contfib~dJcm by City of Delray Beech 25,000 0 b. Other Streets - Contribezlion by DOA 25,000 0 c. Other Streets - ~ by Property Ow~em 100,000 50.000 50,000 50,000 50,000 B. Grants 1..~ Pineapple Gro~ Shopping Center - Grant 50,000 b. Pineapple Grme Shopping Career- Grant Match - Chaml~er 12,500 c. other Pineapple Grove C-mint 50,000 d. Other Pineapple Grove Grant - Granl Ma~ch - Chamber 12,500 50,000 62,500 12,500 0 0 TOTAL REVENUF.~ 268,600 112,500 62,500 A. Alley & Street Impmvemants 1. NE 2nd. Avenue 118,600 2. Other Streets 200,000 100,000 100,000 100,000 100,000 318,600 100,000 100,000 100,000 100,000 B. Downtown J~nt Venture 1. Pmmc~ion 65,000 65,000 65,000 65,000 2. Spec~i Evan~ and/or Merket~ng Programs 10,000 10,000 10,000 10.000 10,000 3. Green Market Contribution 10,000 $,000 5,000 5,000 5,000 4. Downtown Signage S,000 C. Pineapple Grmm Main Stre~ 1. PmmoUon 15,000 12,500 10,000 10,000 10,000 2. Paytm~ to C~ 13,575 14,933 16,426 18,068 4,85.5 3. Pineapple Grove Shopping Center (Grant) 50,000 a. CRA and Chamber Ma~ch 12,500 12,500 4. Other Grant 50,000 a. CRA and Chamber Match 12,500 12.500 5. other 5,000 5,000 5,000 5.000 5,000 6. Pineepl~e Grove Way Beautiltcation 700.000 96,075 807,433 43,926 33,068 ~9,855 D. F ~:~e Program 1, Facade Program 25,000 25.000 25,O00 25,OO0 0 0 0 TOTAL ~ $529,675 $1,012,433 $223,926 $213,068 $199,855 TOTAL REVENUES l# EXCES~ OF EXPENSES (261,075) (899,933) (161,426) (163,068) (149,855) PR(XJECT CO$TS CRA SUBSIDIZED LO~N PROGRM~ P~E t5 O4/07/99 A. Inter~t SubeJdy & Aclminislration Fee 85,000 75,0~0 75,000 75,000 75,000 B. Loan to B~iness Loan Fund 25,000 25,000 25,000 25,000 TOTAL EXPENSES ~85.000 S100!000 Sl00.000 S100.000 $100.000 NOTE: BLF will make loan repayment of pdncipal PROJECT COSTS COMMUNITY ACTIVITIES PAGE t6 Spmmomhip 04/07/99 ITEM FY 1999 FY 2000 FY 2001 FY 2002 FY 2003 A. Community Activities 1. Boys & Girls Club 2. Deimy 8eactt Chamber - Counsel of 100 3. Deiray Merchar~ - Annual Banque~ 4. Palm Beach Pho~:~ic W~ Scholarship 5. Peach Umbrella Plaza Associatio~ 6. Pineapple Grove Main Streel Nursery and Festival 7. Rools Festival 8. Vele~ans Park 9. T.E.D. Center 10. t~wanis Club 11. Delray Beach Police - Ad & Benevolent Sociely 12. Ok~ Schod Square 13. Mad Dads 14. First Night (Old Sctxx:~ Square Event) $5,000 $5,000 $5,000 $5,000 $5,00o PROJECT COSTS PEACH UI~BRELLA PCAZA I - REDEVELOPIIIENT PAGE 17 De~lopmem Co~ts IT_EM FY '1999 FY 2000 FY 2001 A. Revenues 1. Land Sales a. Block 29 P~ b. Block 28 Properl~s 0 445,000 c. SW 5~ Aveaue Subtc~l Land $0 $445,000 $0 $0 $0 TOTAL REVENUES $0 $44S,000 ~d3 $0 $0 1. I.,mM .,N::lUiSitk3n, Apl:)faisal, Surl~y arid DealolilJ(xl a. Block 29 Pn:~ b. Block 28 PmOedJes 240,500 c. SW 5~ Avenue Su~c.4a,1 Land $240,500 $0 $0 $0 $0 TOTAL EXPENSES ~.40,500 Td:) $0 ~rK) ,~) TOTAL REVENUES IN EXCESS OF EXPENSES ($240,500) $445,000 $0 $0 $0 PROJECT COSTS WEST ATLANTIC AVENUE PARKING PAGE 18 Developme~ Co~t~ 04/07~9g FY 1999 FY 2{~0 FY 2001 FY 2002 F'Y 2003 A. Revenues 1. Parldng Lo~ C,~n~b~on$: Checkers 2. Peddng Spac, e sales ~ $4,000 per _ ~,,ece__ ~ 0 0 0 0 0 0 0 0 0 0 TOTAL REVENUES ~) $0 ~ ~ $0 B. Land Acquis~on 1. W. AllanlJc Pmoe~ 2. Al~xai~l, Suwey, Planning, Environmen~l Audits Subtotal Land $0 S0 $0 $0 S0 C. Parking Lot Development 1. Future Lo~s (23 _~==~,_ per lot) 0 0 0 0 0 TOTAL EXPENSES $0 $0 ~ $0 $0 TOTAL REVENUES~F..XCESS OF EXPENSES $0 $0 $0 $0 SO PROJECT CO8T$ WE~T ATLANTIC REDEVELO(qiE#T PAGE 1~ 04/07/99 A. 1. Grant: De~,iopment Regions 87,5O0 50,000 2. Other Grants 0 3. Beautiful Palm Beeches 88,900 55,000 4. ISTEA 434,136 500,000 S. StYe of F'IoHd~ (Giddy House) 150,000 6. CDBG 50,030 Sul~olal Grantl 287.500 138,9~0 489,136 555.000 0 B. Pmpen'y 1, Block 13 30,000 35,000 2. ~ 36 25~000 699,5OO 3. Other Pn~periy 0 0 395,000 710,000 Subt~,i ~ $35,{X}0 $734,503 ~5,003 ~710,000 $3 C. The Center ~r Econ~ni= Demlopm~ Budding 1. EDA Grant 8O0,0OO 2. Other Grant~ 900,000 SubSoil The Ce.ter for Econ. Dev. Bldg. 0 1,700,030 0 0 0 TOTAL REVENUES $342,50O $2,573,400 $884,136 $1,205,000 EXPENSES A. Project Planning 1. Probational Fee~ 10,000 10,000 10,000 10,000 10,000 2. W. At~ntic A~nue Co~dinalor 15,000 20,000 22,000 24,200 20,620 1. Donnie ~ Pmjec~ (Gram) 12,500 a. CRA Idatch 3,125 2. Shule~'a Memo~l Chapel (C-,mm) 25,000 a. CRA Mab~ 6,250 3. Other Grantee~ (Gram) 0 & CRA Match 12,500 4. Beeutfful Palm Be~he~ 88,900 55,000 55,000 a. CRA Match 207.100 55,000 5. ISTEA 934,136 a. CRA Match 118,705 6. Ro~ztqu~= - Cul~ Re~,~unmt (Grant) 50,000 a. CRA Malch 12,500 7. Spady I-k~se (Grant) 150,000 8. Bactm~m (Grant) Subto~l Rede~Gran~ $379,375 $1.431,341 $110,000 $110,000 C. Project Rede~ment~and Acquisit~n 1. Block 13 142,500 2. Block 36 324,000 90,700 3. Administrator (12 hour~ per ~) 11.544 12,121 12,727 13,364 14,032 4. Other Pt, operty 425,900 1,215,000 1,095 000 55,000 50,000 SubSoil Red./IJnd 903,944 1,317,821 1,107,727 03,364 64,032 1. Contrition Cc~s 1,700,000 2. Building Study 10,030 0 0 0 Sut~l Eo=n. Oev. Bldg. 10,000 1,700,000 0 0 0 TOTAL EXPENSES Sl,318,31_9 t4,479,162 $1,249,727 $207,564 $100,652 TOTAL REVENUES IN EXCESS OF EXPENSES (975.819) (1,905,762) (365,591) 1,057,436 (103,862) PROJECT CO~TS ,N=FOI~DABLE HOUSING PAGE 20 ~cond &lortgage Program & 04/07~g9 FY 1999 FY 2000 FY 2001 FY 2002 FY 2003 A. Revenues 1. Sales a. Housing FinanceAuthotity 150,000 150,000 150,000 150,000 150,000 I~. Tax Oeed ACcluisition 0 0 0 0 0 ¢. Houses 0 0 0 0 0 Subtotel ,~x31es $160,000 $170,000 $170,000 $170,000 $170,000 2. Grants a. HTF - Impact Fees 0 0 0 0 0 b. HTF - Lots 0 0 0 0 0 c. HTF - Houses 0 0 0 0 0 cl. Ottmr Adminis~'~ion 0 0 0 0 0 3. Fee~ Reimbursement a. Ti'de Saarch 0 0 0 0 0 b. Soil Borings 3,000 3,000 3,000 3,000 3,000 c. Suweys 3,900 3,900 3,900 3,000 3,900 d. Second Mortgage Reimbursement 0 0 0 0 0 e. G~ln Gate Reiml~ursement 1,000 0 0 0 0 Subtotal Reiml~Jrse $7,900 $6,900 $6,000 $6,g00 $6,900 TOTAl. REVENUES $167,900 $176,900 $176,900 $176,900 $178,900 2. Sacond Morlgages o HTF/Other 1. Lots Housing FinanceAuthc~ity 150,000 150,000 150,000 150,000 150,000 2. Lots Tax Deecl Acquieition 0 0 0 0 0 3. Houses 0 0 0 0 0 4. CRA Lots (2 Iote ~ $10,000 each) 20,000 20,000 20,000 20,000 20,000 Sublotal Acquisition $170,000 $170,000 $170,000 $170,000 $170,000 C. Related Fees 1. Administrator lg~.40 20,202 21,212 22,273 23,386 2. Investigatim Fees (15 lois) a. Appraisal [~ $200] 3,000 3,000 3,000 3,000 3,000 b. Ti'de Search [~ $17b"J 0 0 0 0 0 c. Soil Borings [~ $200) 3,000 3,000 3,000 3,000 3,000 cl. Legal 10,000 10,000 10,000 10,000 10,000 e. ~ [~ $260] $,g00 3,900 3,900 3,g00 3,900 r. Ortner (Includes TED Cemm proc. fee) 5,125 5,381 5,650 5,g33 e,229 g. ArchitecSural Fees 2,500 2,50O 2,50O 2,500 2,50e SU~ investigate $27,$2S $27,781 $28,050 $28,333 $28,62g 3. Debt Sendce (interest only ~)'4,) 4,500 4,500 4,500 4,500 4,500 4. Prolx~ty CleanuD 11,200 11,200 11,200 11,200 11,20o 5. Proloe~ty Taxes 0 0 0 0 0 Subl~otei OUter $15,700 $15,700 $15,700 $15,700 $15,700 D. Property Management 1. Grtfl~n Gate $1,000 $1,000 $1,000 $1,000 $1,000 TOTAL EXPENSES $283,465 $284,683 $285,962 $287,306 $288,716 TOTAL REVENUES IN EXCESS OF EXPENSES (115,565) (107,783) (109,062) (110,406) (111,816) PROJECT COSTS BLOCK 76 o PARKING PAGE ~ Acqui./tiO~t and ~ REVENUES A. Re~qlues City ~ Oelray Beach Con~ 1. Garage Land Sale 0 0 0 2. In Ueu Parldng Fees 25,000 30,000 TOTAL REVENUES $25,000 $30,000 $0 $0 $0 B. Land Acquisition ~. Pierce Property 2. RTC, Lots 8 & 9 3. Craige Furniture Warehouse 200,O00 4. Van Hille Building, parlial Lo~ 8 (5,000 5. N)praisal, suney, Ptanning, Legal, Study 5,000 1. Phase I (131 spaces) 2. Demolition 3. Phase II (~ 0 spaces) 30,000 4. Phase III (10 spaces) 30,000 5. Phase IV (23 S~__neCe~__) O. Debt Set, ce 1. City Loan: Repayment 25,000 0 0 0 TOTAL EXPENSES $260,000 $30,000 TOTAL REVENUES IN EXCESS OF EXPENSES ($235,000) $0 $0 $0 $0 I~OJECT COSTS BLOCK ?e - REDEVELC~ENT FY 1999 FY 2000 FY 2001 FY 2002 FY 2003 REVENUES A. Revenues 1. Land Sales 0 2. Development Regions Grant TOTAL REVENUE 1. Craige Furniture Btlildjllg Subtotal ~. $0 $0 $0 $0 $0 TOTAl. EXPENSES TOTAL REVENUES IN EXCESS OF EXPENSES $0 $0 $0 PROdECT COSTS DOWNTOW# MIXED USE - REDEVELOPMENT PAGE 22 Land Acqui~ition & SaM 04J07/g9 FY 1999 FY 2000 FY 2001 FY 2002 FY 2003 A. Revenue 1. Land Sales a. Block 77 Profle~des 180,000 b. Dill Pmpe~ ~ ~dependent Life Property d. Shoaf Building e. VFW Building S~bk~l Sales $180,000 $0 $0 $0 $0 TOTAL REVENUES $180,000 B. Land Acqulsitien 1. Block 77 & Block 78 2. e~c~77, Lots ~4 & ~5 ~. 4. [~ Prope~ (Bkx:k 85) 5. Independent Life Property (2 parcels - Block 85) 6. Sheaf Building (Bkx~ 85) 7. VFW Building (Block 85) 8. Appraisal, Survey, Planning, Legal, Maintenance 25,000 0 Su~;,,~ Acquisit~n $25,000 $0 $0 $0 $0 TOTAL EXPENSES ?~,2.5,000 ~ $0 ~ $0 TOTAL REVENUES IN EXCESS OF EXPENSES $155,000 $0 $0 $0 $0 PROJECT CO~TS ~ COUNTY COURTH~ - EXPAN~IO~ATICN PAGE 23 A. Revenue 1. I~imlx~emem from County for Demolition 2. Con~mier, ce Center 200,000 3. Discount Auto Store 200~000 TOTAL REVENUES $0 2. 3. Non~~ 4. C. Renovnlion: ~ Stom Centm 1. ~ Builcing - P~in'dng 5.000 2. Site & Parldng 20,000 TOTAL EXPENSES . ~,0~.. $10,000 t, es0,000 ~ ~ TOTAL REVENUES IN EXCESS OF EXPENSES (25,000) (10,000) (6,50.000) ~,000 0 PROJECT COST8 NEIG~ Ft. AHNING & BEALrTIF~A~ PAGE ~4 O4~O'7~gg 1. !~1 ~a Park Beaut~cat~ 2. ~ Park 3. 4. NE 3~1. A~nue 5. We~t ,~e¢$ ~ 2,50O 6. OIhe~ ~ Projec~ $7,50O ~5,000 $5,00O ~5,000 $5,0OO 2. ~ ~ S10,000 S10,000 $10,000 $10,000 $10,000 3. DUl~X C~r~r~on Gran~ $15,000 $15,000 S15,000 $15,000 $15,0o0 TOTAL EXPENSES ~,,~XI ~30.OOO ~45.000 .. $30,000 ~30.000 PROJECT CO~*T~ NORTH FEDERAL HIGHWAY REDEVELOFIIIENT PAGE A. Land~ 1. Royal Palm ~ (knpnwemen~) $0 S40,000 S0 2. Planning, Appraisad, Sunmy, etc.. $10,000 $0 $0 $0 $0 Sublotd B. Repay City L0ext TOTAL EXPENSES $10,000 TOTAL REVENUES IN EXCES~ OF EXPENSES ($10,000) ($40,000) PROJECT COSTS BL.OCK ~0 - PARKING PAGE 26 Land AcqutMtlo~ emi Development 04/07/99 FY 1999 FY 2000 ~ FY 2002 FY 2003 A. Revenue 1, Parking Space sales O $6,000 p~ space 78,000 30,000 0 0 0 2. Sate of Lot 9 3. Ne{ Rental Income from Love Apmln~nts TOTAL REVENUES $78.000 $30.000 $0 . $0. $0 B.Land Acquislflo~ - Pmldng and Historic Houses 1.JFR a. Larld b. Legal 2.Evergreen b. Legal C. Land Acquisition - Parking, Other ~ 2. Legal, Professional Subtolat Land 0 0 0 0 0 D. Paddng Lot Development 1. DemollUon 2. Parking Lot (Phase I - 49 3. Parking Lot (Phase II - 44 spaces) & Walkway 4. Other Development 0 Subtotal Lot 0 0 0 0 0 E. Bkx:k 6O O~er Eem~aop~ 0 0 0 0 TOTAL EXPENSES ~ $0 $0 $0 $0 TOTAL REVENUES IN EXCESS OF EXPENSES $78,000 $30,000 $0 $0 PROJECT COSTS mLOCK ~0 - H~TOmC HOUSES FY 1999 FY 20¢30 FY 2001 EY~..QQ2. FY 2003 Revemms 1. State Grant #SC-414 for Renova0on 2. State Grant ~:~6007 for Renoval~l 3. City of I::)e{ray Beecfl Loan/Grant a. Loen for Rek3calien b. Grant 4. County ~ for Demoli~ 5. City/PBCHPB C_,o~ributlagt 6. Sale of M~-~-ey 4g,537 12,281 0 0 7. Sale of Bungalow 200,06O TOTAL REVENUES ~4g.537 $1Z281 $200~000 $0 $0 B. Histmic Homes: Expenses 1. Constmc~en 2. Appraisal, Survey, Planning 3. Legal, Pro~ssio~al TOTAL EXPENSES $0 $0 $0 $0 $0 TOTAL REVENUES IN EXCESS OF EXPENSES $49,,537 $12,281 $200,000 $0 $0 MEMORANDUM TO: ~YOR AND CITY COMMISSIONERS FROM: ~/CITY MANAGER SUBJECT: AGENDA ITEM 9.~ - REGULAR MEETING OF APRIL 20, 1999 CRA REQUEST FOR REIMBURSEMENT FROM IN LIEU OF PARKING FUNDS DATE: APRIL 15, 1999 Attached is a request from the Community Redevelopment Agency for reimbursement of the costs incurred in the construction of the additional ten (10) space parking lot in Block 76. The total amount requested is $25,181.01, to be funded from the City's in lieu of parking account. Per Mr. Safford's attached memorandum, the current balance in the in lieu of account is $73,517. The project for which reimbursement is requested is appropriate and the monies can be expended for this purpose. I recommend that the request for reimbursement from the CRA in the amount of $25,181.01 be approved. ref:agmemol0 RECEIVED APR ! 2 999 To: David T. Hc~r~Manager CITY MANAGER From: Joseph M. S~o~g~ce Director Date: April 12, 1999 Subject: Request of CRA. for Parking In Lieu Fees In correspondence dated April 5, 1999 the C.R.A. requested the use of Parking In Lieu fees for the Block 76 parking lot addition. Ordinance No. 47-98 stipulates that these funds shall be used for parking purposes only. As of March 31, 1999 the balance in this account is $73,517. This request from the C.R.A. is for reimbursement of $25,181.01 in costs incurred in adding 10 additional parking spaces on the parking lot on Block 76 and therefore these funds can be used for this purpose. Please contact this office if you require any additional information. Cc: Parking In Lieu Files RECEIVED Community Redevelopment APR 0 7 1999 Agency CITY MANAGER Delray Beach Apri 5, 1999 Mr. David Harden City Manager City of Delray Beach 100 NW 1st Avenue Delray Beach, FL 33444 RE: Request for Funds from the Iu-Lieu Fee Trust for the Block 76 Parking Lot Addition Dear Dave: We respectfully request the amount of $2~,181.01 for reimbursement of the construction of the additional 1 O-space parking lot on Block 76 which was recently completed. You may recall we previously requested the reimbursement prior to construction, and now that the lot is complete, we submit the final construction costs as described below: Paving Rosso Paving $ 7,588.00 Testing Testing Lab of the Palm Beaches 260.00 Engineering Gerald Church 1,000.00 Engineering Gerald Church 1,000.00 Irrigation MAC Irrigation 800.00 Electric Ledbetter Electric 2,096.01 Landscape Plan Daniel H. Carter Landscaping 750.00 Landscaping Daniel H. Carter Landscaping 4,470.00 Demolition Frederico Equipment 6,900.00 Electrical Engineering Teele & Associates 317.00 Total 7 $25,181.01 Thank u br your consideration. Executive Direc-Ztry~ /d Enclosure cc: John Weaver, Chairman, CRA 24 N. Swinton Avenue, Delray Beach, FL 33444 (561) 276-8640 / Fax (561) 276-8558 Community Redevelopment · Agency Delray Beach September 14, 1998 Mr. David Harden City Manager City of Delray Beach 100 NW 1" Avenue Delray Beach, FL 33444 RE: Block 76 Parking Request for In-Lieu Parking Funds for Construction Dear Dave: As you may recall, the CRA recently purchased the property fronting on NE 1~t Avenue (behind the Old School Bread Company) for the purpose of constructing additional public parking. Please find ( enclosed a copy of the proposed additional ten spaces site plan. In addition, you will find the Engineer's estimate for the work, which mounts to $24,700 and recently awarded items. This letter is a request from the CRA to use the City's in-lieu parking funds for the construction costs. If you would like us to make a request to the Parking Management Advisory Board, we will do so as well. Our request mounts to $23,583, but we will, of course, give you a completed cost analysis at a later date. Thank/~r your consideration. Christopher J. Brown Executive Director /d enclosures cc: CRA Board of Commissioners 24 N. Swinton Avenue, Delray Beach, FL 33444 (561) 276-8640 / Fax (561) 276-8558 Invoice Date ..... :01/18/99 Community Redevelopment Agency Project: Parking Area between .- 207 E. Atlantic Ave. NE 1st Ave & Delray Beach, FL 33444 NE 2nd Ave Atto: Sherry Due Date.: Upon Receipt TLPB File No.: 99/101 .~~'.'~"~ Description 01/07/99 Report No. 1 4 field density tests ~ $20.00 each $ 80.00 01/07/99 Report No. 2 1 laboratory proctor ~ $70.00 each $ 70.00 01/08/99 Report No. 3 2 field density tests ~ $20.00 each $ 40.00 01/08/99 Report No. 4 1 laboratory proctor ~ $70.00 each $ 70.00 TOTAL DUE $260.00 TERMS: 1.5% Per Month After 30 Days rib 161L..invoice~49236 INEER PHON~ NO. : +~07 ~7874~! Mar. ~3 ~998 OB:~gAM Pi GERAbD B. CHURCH, P.E. CONSULTING CZVIL ENGZNEZR 2575 Bo. Ooean Boulevard, Suite 310 Highland Beach, FI 33487 Phone/F~x (561) 279-7401 Me. Chris Brown Rxeoutive Director Delr&F Beach Co~unit~ Redevelopment Agency 24 N. Swinton Avenue Delr&F Beech, Fl 33444 STATEMENT FO~_~u~LOJ._I~I~. SERV ICES PROJECTt P~rk~ng Lo% NUMBER: 8-264 Blook 76 Lot B WORK ITEM: Completed Plans AMOUNT DUE: Contract Amount $1,000.00 R~specttul 1¥ submitted, (~,erald B. Churoh, GERALD B. CHURCH, P.E. CONSULTING CIVIL ENGINEER 2575 S. Ocean Boulevard Apartment 310 Highland Beach, F1 33487 February 4, 1999 Mr. Chris Brown, Executive Director Community Redeuelopment Agency City of Delray Beach 45 N. Swinton Avenue Delray Beach, F1 33444 STATEMENT FOR ENGINEERING SERVICES PROJECT: Parking Lot 10 Spaces NUMBER: 97-245 Block 76 Redevelopment WORK ITEM: Inspection phase. TOTAL AMOUNT DUE: As per contract $1,000.00 Respectfully submitted, Gerald B. Church, P.E. * INVOICE 446 FAX: 461~5-174~ :i . ~"- Invoice Number: 613610 ~, ,o ........ Invoice Date: (~,:~,:~1/99 Page: f :R'EDEVELOPMENT:~ ~ ' ~'- To:, : ATiO~ 0~ DELRAY ';~c -~ Ship CO'UNITY REDEVELOPMENT , To: ASSOCIATION OF DELRAY . SWINTON AVE. ~4 N. SWINTON AVE. .~LRAY BEACH~ FL DELRAY 8EACH~ FL 33444 33~44 Cust I.D ..... : CRA TotaJs: P .O. Number.. ~];~S~IN~P $ , .o,,> Date ...:. 0i/31/99 Item I. Shipped .~ ~,~,~. '.P..._~ ice Net 33 SC . ~,x~,~ ~:~;h, F,_ Z3'~ 1.00 1.00 EACH 800.0000 800, O0 INSTA.. LAWN SPRINKLERS AS PER PLAN ~"~,",~ \ Subtotal: 800.00 Payments: Total...: -- 800.00 ~,~2;~_ DANIEL H. CARTER INVOICE 561-272-9621 Date: 1.28.99 Job Number. 98-06 Block 76 Pa~ing Lot Expansion TO: COMMUNITY REDEVELOPMENT AGENCY 24 N. Sw~nton Ave. Delray Beach, FI. FROM: DANIEL H. CARTER LANDSC, APE ARCHITECTS INC. 74 N.E. 5th Ave. Dell'ay Beach, FI. 33483 Job Description: FINAL INVOICE QUANTITY D~,, , UNIT PR/CE TOTAL 3s.00 COCOlMum 3g. $7.S0 262.5O 1.oo Wax myr~e tree (lOxSft.) $15o.oo ~ 15o:oo O~inal ce,~-~-act $4,057.50 Change order#l , . , $412.50 Revised cor~mct price. $4~470.00 TOTAL DU~ $4,470.00 o., Invoice .~~ Nlff ! 8th Avenue Defray Beach, Florida 33444 [)ATE INVOICE NO. Office # (561) 276-5008 3/31/98 97-12-005 ~' BILL TO SITE ADDRE~ i~:: Community Redevelopment Agency Community RedeVelopment Agency 24 N Swinton Ave.'. 24 N Swinton Ave. · Delray Beach, FL ,3,.~.~.-3712 Del.r. ay Beach, FL 3~.,!.-3712 :~,:, ~ "' )C . .i~ ~ ~~:,qO'~..~ r; L [~.~,YERMS ~' ,V Provided Prof~ional Se~ic~ 6,~0.00 6,~0.00 Total $6.900.00 Balances unpaid after 30 days from date of invoice are subject to a service charge of !.5% per month, or maximum aUOwed by law if different together with any expenses incidental t'o collection, includina specially set forth reasonable attorneVs fees.  ssoci='tes '~nc 561 7384999 P. 0:2 TEELE AND ASSOCIATES, INC. ~' ~" .... 8 4747 2103 Co.arum Ori~ Attn: DEBRA INVOICE #98013-2 For Professional Services Rendered: Total Fee $300.00 Ee~'een~.. Complete 100.00% Total Fee Billea $300.00 Fee Previously Billed Current Fee Billing $300.00 Blu®prints (24x36) · $2.00 per print 6.00 OregOn&l. · $11.00 per plot 11.00 17.00 Total Reimbursable Expense $17.00 TOTAL AMO~I~T D~]~ $317.00 Respectfully Submitted, Michael A. Teele, P.E. Send Remittance To: Teele And Associates, Inc. 2103 Corporate Drive Boynton Beach, FL 33426 MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER~J~ SUBJECT: AGENDA ITEM 9.B. - REGULAR MEETING OF APRIL 20, 1999 REVISED PROPERTY OWNERSHIP MAP/N.E. 2ND AVENUE DATE: APRIL 19, 1999 Attached is a revised map which indicates the correct ownership for those properties lying on either side of N.E. 2nd Avenue from Atlantic Avenue north to the first alley intersection. This is the segment proposed for beautification improvements through the establishment of a special assessment district. The difference between this map and the one sent out with the agenda packet is that the first map shows the parcel of land at the northeast corner of Atlantic Avenue-and N.E. 2nd Avenue entirely under the ownership of Leviathan Property. When staff prepared the map last Friday, we used the information available from the Palm Beach County property records. However, in later checking with Mr. Cohen, we found that the northwesternmost piece is not under Leviathan's ownership but rather that of Mr. Santano as shown on the revised map. Apparently, Mr. Cohen and Leviathan are having some difficulty straightening this matter out with the County. N.E. 1ST AVENUE 749' ~ :~ ~,, -- '2 ~5 46 '6 ,3,' 376 3!58 ~ _ (Bob & Betty Beover) 2- 43- 46-16-01 - 076- 0170 ~//A i:E'%'C?/, T,{5' ",,%C. - ~%',P PeOPE,e:,'ES "We. ' '2 45 z. 6 ~6 C~ Oa4 3i02 ~ ~ -X~c ~AIL~OAD AVE FLORIDA [AST COAST MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: ~CITY MANAGER SUBJECT: AGENDA ITEM ~' - REGULAR MEETING OF APRIL 20, 1999 SPECIAL ASSESSMENT DISTRICT FOR N.E. 2ND AVENUE BEAUTIFICATION DATE: APRIL 16, 1999 Attached is a proposal from the Community Redevelopment Agency asking that the Commission consider creating a special assessment district for the funding of N.E. 2nd Avenue (Pineapple Grove Way) beautification improvements. The project involves street beautification for that segment of N.E. 2nd Avenue from Atlantic Avenue north to the first alley intersection (approximately 140 linear feet). Details are outliDed in the CRA correspondence, including the proposed cost distribution. A map indicating property ownership is attached, as is a copy of the proposed landscape plan and street improvement plan. The downtown side street beautification concept was presented to the City Commission at the April 1998, work session. It was proposed as a cooperative program between the public sector and private property owners to accomplish the goals of bricking sidewalks and adding street trees and streetlights along the side streets on East Atlantic Avenue. The City Commission endorsed the concept and supported the initial program on N.E. 2nd Avenue, as the gateway to Pineapple Grove Main Street, by committing funds in the amount of $43,600 from the FY 1999 budget. The ~ction requested of the Commission at this point is a decision on whether or not to proceed with establishing a special assessment district for the N.E. 2nd Avenue beautification project as outlined in the CRA's proposal. If the Commission wishes to do so, staff will begin the process necessary to create the district. ref:agmemo7 RECEIVED Community APR 0 Redevelopment · Agency CITY MANAGER Delray Beach MEMO TO: David Harden, City Manager cc: Steven E. Cohen, Leviathon, Property Owner Bob Beaver, Property Owner Suzanne Santano, Property Owner //~//~ Randal Krejcarek, City Engineer FROM: Chris Brown, Director DATE: April 1, 1999 RE: NE 2"a Avenue Beautification Update This memo is to request that the City Commission consider creating an assessment for the above- mentioned project. The following outlines the project and the status as of this date. 1. The project is the street beautification of NE 2"a Avenue from Atlantic Avenue north to the first alley intersection, approximately 140 linear feet. The beautification will entail narrowing the street from 24 feet to 22 feet, removing the FP&L street lights, and replacing them with decorative lights, adding "Delray" brick to the sidewalk, the addition of landscaping, and the construction of the base foundation for the eventual Pineapple Grove gateway arch. A copy of the landscape plan is enclosed. 2. Referring to the June 12, 1998, memo to you, consultants, and property owners, the estimated cost was $154,000. The City budgeted $43,600; the CRA budgeted $50,000, Pineapple Grove Main Street, $36,000, and $25,000 collectively from the property owners fronting the project. In the next several weeks, we will receive an updated cost estimate from the City's Engineering Department. 3. The City Engineering Department expects to advertise for construction in early April and expects to commence construction in the summer of this year. Summer was chosen in order to minimize disruption for merchants, pedestrians, and automobiles. 4. The construction documents are completed except for the electrical engineering, which is in process. 24 N. Swinton Avenue, Delray Beach, FL 33444 (561) 276-8640 / Fax (561) 276-8558 5. The assessment of the property owners of $25,000 was determined as a fair distribution of costs for the project as described below: Contribution Contribution % City $ 43,600 28% CRA 50,000 33% Property Owners 25,000 16% Pineapple Grove Main Street 36,000 23% Total $154,600 100% In no case would the property owners pay more than $25,000, therefore, they will not be affected by any costs which exceed the original estimate. /d Enclosures: Engineering Design & Landscape Design N.E. 1 ST AVENUE ~40' ~3' 259' 12 43 x6 16 C;~ 0/5 0130 {~ ~ ' 2 43 Z6 ' 6 01 876 Ol S'8' 12 a3 46 ~6 S' C76 0i6' '2 4,3 a6 '6 {Y 376-S IN~STMEN T L TO (Bob · Betty Beaver) 12-43-46-16-01-076-0170 !40' 749' N.E. 2ND AVENUE (PINEAPPLE OROVE WAY) 7X~)' !29.60' LE~A THAN LAND GROUP INC. (Steve Cohen} 12-43-46-16-01-084-0080 ' ~ ~ ~O~m~'/ ~A~'E,'~/-L, ~ ~ ~ ~ '<' "o o ~ 12 z~ 46 16 C' 084 0'02 ~ .x! RAILROAD A V~~ FLORIDA EAST COAST A~I.LN3 ::IAO~I~) 3'lddVgNId ~ , '~-- -,.b d. t.~ 1, " :t~ 'I,: :~', :, :,', ~' ~'-"'~ ]! ' ; J' ' 1 j -'~""~ ' J Ii, il I.,,ll i iJ j! !jj; '=== ' 's,[l'l 1,~ l'l ~;;,] t , ,.,,,,,;:,,,.:.,,., ,,~ -- ] ,Iii.l,,;!;!|, ;, .,,, .,-.,, :, Ii]h!' ,1 . i ,,,-~ll · ] ' ...,, i., l,iJ · i.,,]; .u' .~i..., '- t, . . · ,l .t 1 t'.rqll · ,iii ti, , t ,,, · ,, t,.,, J .~, , ,I,di ,;ll[,~ ,~ !~! q,,;~ Iii]! ]i:.lt:d~.i]il.l],:l',, ,  . .l. ' ,,"' "".: ,., {. ,! ~ J. ,., ~ .l.,.hl,..,itJ.tL i,.,~ ~ ~! "'" ......... ? -- ~ ,-J- --\-- ~ ""~'" J ~ ~ + x ......... ---- _~ // ,~ --~- ........... 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N3~ao'13^3031~ ~..LINn~oo S~33NIgN3 9NI13~SN03 r~L~I I~1~1~1~ ____ ~ ~ I I I I ~ I~ , ~ -, , II N / '~ ,I ~ ......~ I £1T¥ I)F DELRR¥ BEI:I£H DELRAY BEACH ~ 100 N.W. 1st AVENUE · DELRAY BEACH, FLORIDA 33444 · 561/243-7000 TO: David T. Harden 1993 City Manager /, FROM: ~obert A. Barcinski Assistant City Manager DATE: April 14, 1999 SUBJECT: AGENDA ITEM CITY COMMISSION MEETING APRIL 20, 1999 SPECIAL EVENT APPROVAL - ART & JAZZ ON THE AVENUE ACTION City Commission is requested to endorse the next Art & Jazz on the Avenue scheduled for May 13, 1999 from 6:00 p.m. to 11:00 p.m., to grant a temporary use permit per LDR Section 2.4.6 (H) for the closure of Atlantic Avenue from Swinton to N.E. 7th Avenue, the south side of Atlantic Avenue from N.E. 7th Avenue to just past the Blue Anchor Pub and Railroad Drive from Atlantic to N.E. 1st Street. Provide staff support for security and traffic control, banner hanging and removal, barricade set up and removal, clean up, use and set up of City stages, and to allow the use of pedicabs during the event. BACKGROUND Attached is a request for approval and City assistance for this event from Marjorie Ferrer. The estimated overtime cost for this event is $7,500. City Commission capped the amount the City would pay for overtime at $7,500 for the last four (4) events. Actual overtime costs for December's event were $6,092. A copy of the certificate of insurance and hold harmless agreement are attached. RECOMMENDATION Staff recommends endorsement of the event, approval of the temporary use permit and street closure, staff support as requested, use of stages and City barricades, setting an upper limit of $7,500 for overtime costs with any difference to be paid by the Joint Venture, and approval for the use of pedicabs provided proper liability insurance is obtained. RAB/tas cc: Lt. Geoff Williams Joe Weldon Hoyt Owens File:u:sweeney/agenda Doc;O41499a.doc THE EFFORT ALWAYS MATTERS c~.,~ , Prfnted on Recycled Paper APR f 2 1999 ~-~!I:S';I:-/M~11' April 9, 1999 ave~P~,~i~--- - Mr. Robert A. Baminski, Assistant City manager City of Delray Beach 100 N.W. 1" Avenue Delray Beach, FL 33444 RE: AGENDA ITEM- FOR CITY COMMISSION MEETING SPECIAL EVENT REQUEST - ART & JA77_ ON THE AVENUE Dear Mr. Barcinski: City Commission is requested to endorse the Art & Jazz on the Avenue event scheduled for Thursday, May 13, 1999 and to grant a temporary use permit per LDR'S section 2.4.6(H) for use of City property and right of way. We are requesting street closure on Atlantic Avenue from: o Swinton Avenue to 7"' Avenue o South side of Atlantic Avenue from 7"' to just past the Blue Anchor Pub o Railroad Way from Atlantic Avenue to N.E. 1't Street Closure will be from 6:00 p.m. to 11:00 p.m. We are requesting that the City provide staff support for barricade setup and removal, trash removal and clean up, police security for traffic control, stage use setup and removal, and banners and signage setup and removal. The City support of this event, with no charge to the Joint Venture, is crucial to our success. Your consideration and cooperation is very much appreciated. Sincerely, ~ MARJORIE FERRER Downtown Coordinator /sk DELRAY BEAC!t JOINT VENTURE · Community Redevelopment Agency · Delray Beach Chamber of Commerce · Downtown Development Authority 64 S.E. Fifth Avenue, Delray Beach, FL 33483 · Tel: 407-279-1384 · Fax: 407-278-0555 Al A OF INF(:~IMATiON Be~ ~L 33447 ~PM~oMe ~~ V~ ~ ~ _ ..... Om~ Bmmmh FL 33444 ........ ._. ,., _ .,, ~ i Dml~y ~m~ch ~ 33444 SPECIAL EVENT HOLD HARMLESS AGREEMENT The Downtown Delray Beach Joint Venture in consideration of the payment of ten (10) (Name of Entity) dollars, receipt of which is hereby acknowledged, agrees to indemnify, hold harmless and defend the City of Delray Beach, its agents and employees from all suits, actions and claims including attorney's fees and costs attendant to any ctaim, litigation, administrative proceeding, appeal and judgment of every name and description brought against the City as a result of loss, damage or injury to person or property adsing from and in exchange for the Downtown Delray Beach Joint Venture use of City facilities or (Name of Entity) property for the special event of Art. an.d. Jazz, * and hereby releases the City of (Name of Entity) Detray Beach, its agents and employees from all suits, actions and claims including attorney's fees and costs attendant to any claim, litigation, administrative proceedings, appeal and judgment of every name and description brought against the City as a result of loss, damage or injury to person or property arising from the special event of Art and Jazz. (Name of Entity) · This Indemnification and Hold Harmless and Defend Agreement is only tc the extent of insurance maintained by the Downtown Delray Beach Joint Venture as covered under Scottsdale Insurance Company Policy number CLS420116. ART AND JAZZ (Name of Special Event) Witness Name (Please type or print.~e) Title (Please type or pdnt name) DELP, A',' [~EACH .}'O~NT \'ENTL';Z[:. · Commumr? Rcdcvelopmen[ Agency · Dciray Beach Chamber o£ Commcrcnc: · Do'.,~:c,.'.n Development ..\uthon~'.' ,,4 $ E. Fifth Avenue. Delray Beach. FL .:3-,t~3 · Tel: f61-278-O-12-~ · Fax: 5bl-;7g-Offf MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER SUBJECT: AGENDA ITEM ~.~. - REGULAR MEETING OF APRIL 20, 1999 CONTRACT ADDITION (C.O. #I)/COLONNA CONSTRUCTION CO., INC. (BLOCK 20SCEOLA PARK ALLEY IMPROVEMENTS) DATE: APRIL 15, 1999 This is before the Commission to approve a contract addition (C.O. #1) in the amount of $23,355.00 with Colonna Construction Co., Inc. under our current contract with them for sidewalk construction on the west side of A1A between Ingraham Avenue and Miramar Street. The additional work involves the Block 2 Osceola Park Alley Improvements project. In OCtober, 1998, the City Commission granted a waiver to LDR Section 4.3.1(D) to allow the reconfiguration of existing non- conforming lots to create new non-conforming lots for Lots 6 thru 10 in Block 2 of Osceola Park (east side of S.E. 4th Avenue between S.E. 4th and 5th Streets). The CRA, as owner of the property, was negotiating the sale of the lots for development into five single family homes with 2-car garages accessed from the rear alley. This redevelopment project is currently underway. The related alleyway improvements, which will include clearing and grubbing, grading and reconstruction, need to be completed by June, 1999, to coincide with the new housing units. Four quotes were obtained from contractors currently doing work for the City. Colonna Construction was iow at $23,355.00. The project developer will reimburse the City $2,500 of the total cost and the CRA will reimburse us $5,000.00, bringing our cost to $15,855. Funding is available from 448-5411-538-63.90 (Stormwater Utility - Other Improvements). Recommend approval of the contract addition (C.O. #1) with Colonna Construction Co., Inc. for the Block 2 Osceola Park Alley Improvements project. re f: S/Agenda. 99/Memo15 Memorandum To: David T. Harden, City Manager From: Howard Wight, Dep Director of Constructi~/~ Date: April 15, 1999 Re: SandowayPark Marine Education Facility S.R. A1A Sidewalk Improvements (PN 95-33) Contract Addition for Block 20sceola Park Alley Improvements Attached for Commission approval is an agenda request for a Contract Addition (C.O. #1) to Colonna Construction Co., Inc. on the above referenced project. The scope of work includes clearing and grubbing, grading, and road reconstruction of the Block 20sceola Park Alley Improvements (PN 99-010). The amount of the work is is $23,355.00. Sanitary Sewer laterals on an exisitng main will be installed by City forces. Four quotes were received for the scope of work from contractors currently working for the City on projects. Colonna was Iow at $23,355.00; Pavex Corporation was second at $29,501.00; Chaz Equipment was third at $35,140.00; and B & B Properties was fourth at $39,650.00. The engineers estimate for this scope of work is $25,975.00. A bid tab is attached for your review. The Alley improvements are being constructed in conjunction with the Osceola Park development currently under construction.. A June 1999 completion date is needed to coincide with the completion of Osceola Park. The developer is reimbursing the City $2,500 of the total amount; the CRA is also reimbursing the City $5,000.00. Funding Source is 448-5411-538-63.90 (Other Improvements). A budget transfer is attached. file: 99-10(A);95-50 (A) City of Delray Beach Budget Transfer Form (1) Departmental Line Transfer (2) Date ?/15/99 (3) Interfund/lnterdepartmental Transfer (4) Batch Number (5) Requested By: Randal L. Krejcarek~ P.E., City Engineer . PROJECT # (6) ACCOUNT NUMBER (7) DESCRIPTION (8) TRANSFER OUT (9) TRANSFER IN 448-5411-538-63.6~ Shadywoods $ 23,355.00 448-5411-538-63.90 Other Improvements $ 23,355.00 (10)TOTAL $ 2.3,3.55.00 $ 23,355.00 JUSTIFICATION: To cover cost to reconstruct alley Finance Director City Manager. (11) Budget Revision Date (12) Control Number (13) Period (14) Count ORIGINAL-BUDGET CANARY-FILE PINK-DEPARTMENT A TL"A N TI C ...... A VE N U E ~' _ ~ S.F.. 2ND ST. ':* LOCATI ON M AP CITY OF DELRAY BEACH CHANGE ORDER TO ORIGINAL CONTRACT CHANGE NO. 1 (Contract Addition) PROJECT NO. 99-10 DATE: PROJECT TITLE: Sandoway Park Marine Education Facility S,/L A1A Sidewalk Improvements TO CONTRACTOR: Colonna Construction Co., Inc.. YOU ARE HEREBY REQUESTED TO MAKE THE FOLLOWING CHANGES IN THE PLANS AND SPECIFICATIONS FOR THIS PROJECT AND TO PERFORM THE WORK ACCORDINGLY, SUBJECT TO ALL CONTRACT STIPULATIONS AND COVENANTS. JUSTIFICATION: Construction of Cleating and Grubbing, Grading, and Paving Improvements per plan sheets C1-C2 tided "Block 2 Osceola Park Alley Improvement Plan" by ESD dated Jan '99. Utility Work is not a part of this Contract (Items 12-14) of Schedule 'A' and will be performed by City forces.. All improvements are to be constructed in accordance with the items and unit prices of Schedule 'A' attached. The final amount will be determined from the actual measurements at the unit prices of Schedule 'A'. SLrMMAKY OF CONTRACT AMOUNT ORIGINAL CONTRACT AMOUNT $ 43,794.00 COST OF CONSTRUCTION CHANGES PREVIOUSLY ORDERED $ 0.00 ADJUSTED CONTRACT AMOUNT PRIOR TO TI-IlS CHANGE ORDER $ 43,794.00 COST OF CONSTRUCTION CHANGES THIS ORDER $ 23,355.00 ADJUSTED CONTRACT AMOUNT INCLUDING THIS CHANGE ORDER $ 67,149.00 PER CENT INCREASE THIS CHANGE ORDER 53.3% TOTAL PER CENT INCRF_ASE TO DATE 53.3% CERTIFIED STATEMENT: I hereby certify that the supporting cost data included is, in my considered opinion, accurate; that the prices quoted are fair and reasonable and in proper ratio to the cost of the original work contracted for under benefit of competitive bidding. Colonna Construction Co., Inc. (Contractor to sign & seal) TO BE FILLED OUT BY DEPARTMENT INITIATING CHANGE ORDER Funding Sources are Funding Source is 448-5411-538-63.90 (Other Improvemenmts). A budget transfer is attached. DELRAY BEACH, FLORIDA by its City Commission RECOMMEND: By: for Environmental Services Mayor ATTEST: APPROVED: By: City Attorney City Clerk ~ W~6~:~0 666~ ~ -Jd~ ~i8~ISPS6 : 'ON BNOH~ '3NI '03 NOI£DA~±SNO3 ~NNO]O3 : WO~ Agenda Item No.: ~ ~ AGENDA REQUEST Date: April 15, 1999 Request to be placed on: X Regular Agenda Special Agenda __ Workshop Agenda When: April 20, 1999 Description of item (who, what, where, how much): Attached f or Commission approval is an agenda request for a Contract Addition (C.O. #1) to Colonna Construction Co., Inc. on the above referenced project. The scope of work includes clearing and grubbing, grading, and road reconstruction of the Block 2 Osceola Park Alley Improvements (PN 99-010). The amount of the work is is $23,355.00. Sanitary Sewer laterals on an exisitng main will be installed by City forces. Four quotes were received for the scope of work from contractors currently working for the City on projects. Colonna was Iow at $23,355.00; Pavex Corporation was second at $29,501.00; Chaz Equipment was third at $35,140.00; and B & B Properties was fourth at $39,650.00. The engineers estimate for this scope of work is $25,975.00. A bid tab is attached for your review. The Alley improvements are being constructed in conjunction with the Osceola Park development currently under construction.. A June 1999 completion date is needed to coincide with the completion of Osceola Park. The developer is reimbursing the City $2,500.00 of the total amount; the CRA is also reimbursing the City $5,000.00. Funding Source is 448-5411-538-63.90 (Other Improvements). A budget transfer is attached. ORDINANCE/RESOLUTION REQUIRED: YES~ DRAFT ATTACHED YES N~O DepartmentRec°m~endati°n:C°l°nna Construction.Head Signature:Staff Recommen/~appro~ij,\~~. ~/~ of.~ntract~ . Additional) to Determination of Consistency with Comprehensive Plan: City Attorney Review/Recon~ndation (if applicable): Budget Director Review (red, red on all items involving expenditure of funds): Funding available: g/NO Funding alternatives (if applicable) Account No. & De~cription~-~ Account Balance ~-& ~~ City Manager Review: ~ - Approved for agenda: YES/NO Hold Until: , ~en~ Coor~nator Review: Received: Placed on Agenda: Action: Approved/Disapproved /agen9840.doc MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER ~ SUBJECT: AGENDA ITEM ~F - REGULAR MEETING OF APRIL 20, 1999 APPOINTMENT TO THE NUISANCE ABATEMENT BOARD DATE: APRIL 15, 1999 The term for alternate member Vera Scott on the Nuisance Abatement Board expired on March 31, 1999. Ms. Scott has expressed an interest in reappointment and is eligible. The term is for two years, beginning April 1, 1999 and ending March 31, 2001. The following have also submitted applications for consideration: Michael Coston (resides in the North 3 months) N. Jean Heinly The Nuisance Abatement Board was established to hear evidence relating to the existence of certain public nuisances on premises located in the City. The board consists of five regular members and two alternate members. Members must be residents of the City and are appointed by an affirmative vote of at least four members of the City Commission. A check for code violations and/or municipal liens was conducted. None were found for the three applicants. The appointment will be made by Commissioner Randolph (Seat %4). Recommend appointment of an alternate member to the Nuisance Abatement Board for a two-year term ending March 31, 2001. ref:agmemol6 DELRAY BEACH ® BOARD MEMBER APPLICATION 1993 Plea.se type the information: 1. Las~ Name: Name - 2. Home ^ Code 3, Legal ~~ 4.. Principal Business Address; City Slate Zip 5. H°mePh°ne= (~t~]___) ~-.~'C) (~"f~ Business Phone.' ( }~--'- 6. What Board(s} are you interested in serving? '~ on which previously served: (Please include dates) Educational qualifications: 9. List any related profesSional Ceaificatioas ~d]icenses which you hold: . , /' ~ t . . I / ~. Give ~our presen~ or mast ~cent employer, an~ p~on: . -~ · -- ~ . r / ' / 11. Des~ri~ ex~rienc~, s~lFs 6r ~owlbdge ~ch q~li~ yo~m se~e Sn ~is ~.d: ~le~ a~h a b~ef resume), I hereb~ cea/U tha~ al~ the above statements are t~e, and I agree and unde~tand that any m/sst~tement o~ mater/a/ra~s contained/n th/s a$p//cat/on may cause ~o~e/ture upon ~ ~a~ o~ an~ a$po/ntment I may rece/ve. ...... t Note: ~is application Will remain on fil~ in ~e Ci~ Clerk's Office for a peg°d of 2 ye~s from the date it w~ submi~ed. It ~11 ~ ~e applic~t's respo~ibili~ lo e~e ~at a cu~ent application is on file. Ple. as¢ t~e or priat the follo~'ag ir~t'orm~ion: HEINLY-BAINER , .. N. Je~ . 2.'" Home Ad~: C{W_ Sm~ Zip Code 2905 Salerno Way Delray Beach FL 33445 4. ~ci~ B~s A~S: CiW S~te Zip Code 1 South Ocean Blvd. Boca ~ton FL 33432 S. HomePho~:( 565 499-3102 B~inessPho~: (561) 361-3484 6. ~at Boar~s) ~Tou inte~m~ in ~n~ - ' Nuisance ~atement~;Boara or any Board where my extensiv~ business background would be of value. ~revzous~y. servia 9n ~n~. Nuisance ~a~emen~ ~oara as an Alternatt~ zo~ approximately ~ mon~ns. . . See at~ached respa. ~ Lira any [e~ prof~s}o~l ~i~cagons ~d]ic~ses w~ich yOu hold: ' Florida' Real Estate Broker's 5icense. · '~rst-soutnern ~an~, v~ce ~res~aen~ & Branch Supervisor Dail~.~o~unica%ion' and interaction wi,th customers and employees. I hereby ~e~ that al~e above ~at~men~ are t~e, and I agree end un~e~tan~ ~at any misstatement of materi~l fa~ ~ntaineff in ~is appli~b~n may ~use fo~itum upon my pa~ of Note: ~s applicon ~1 rem~ ~ file ~ ~ Ciw Cl~k's O~ ~r a ~od of 2 y~ tom ~e ~ie it ~ '~ P. o~ 04 i.l~P,-~o- ~_q9 ~.5 ~ ~6 F ! P, ST SOUTPIERI I B~I Il( ~ N: Jean Heinly 2905 Salerno Way Delray Beach, FL 33445 (ss ) 499-3102 OVERVIEW Results-oriented, highly motivatod individual with ability to channel energies toward targeted goals. Proven experience in: Sales/Management/Operations/Lending/Business Development for Commercial Banks & Savings & Loan Associations; and Prior Real Estate Sales. EXPERIENCE l~irst South..em Bank, Boca Raton, FL, Vice President, Branch Supervisor ofAlA branch and Commercial Lender - 8-95 to present. Have managed branch, established a team- oriented staff., changed deposit mix per Senior Management's instruction and dc~shb-d of loan portfolio. 1St United Ba~flc. Boca Raton, FL, Vice President - 5/89 to 8/95. For last 1+ years established and managed MC/VISA Merchant Program and Credit Card Issuance Departmem for bank. From 5/89 to 6/94, was Branch Manager of the Main Office responsible for daily operations, personnel, commercial and installment lending and business development. I was reCrUited for position by the Bank's President because of my banking connecticme in the l~oca R.xton ~rca, During m.v employment au let Unitecl Bani% l developed and serviced an $11,000,000 loan portfolio from prior customers and their ref~.rr~l~ and met all deposit goal Flaker National Bank, West Palm Beach, FL, Asst. Vice President - 7/84 to 5/89. Banking Center Manager of Boca East office, one block from A1A_ Responsible for business development, commercial and installment loans, banking center operations and dissemination/implementation of policies established by Senior Management. This position gave me the opportunity to develop a customer base with private banking customers and sophisticated business owners. I worked wRh many professionals and high net worth individuals. My banking style relates well to this clientele since I am adel~t and C^lmtictwcd tn all aspeacts o~ Danlcmg ~ncluding, but not limited to, investments, lending, counseling, etc. I develop close relationships with my customers and gain their respect and loyalty. IqAR-]D-1999 1~,.]? FIRST SOUTHERII BA~Ik 2 P.04 04 N. Jean HeinlX - Pace :Z Gould Re. al,W of Flotida~ Inc., Wellington, FL. Sales Associate/Broker - 3/81 to 6/84. Sold new homes and multi-family units in Wellington. Sales record was $1,260,500 in 1981 (9 months); $2,480,500 in 1982.(#1 salesperson); and $3,532,577 in 19S3 (#1 salesperson); and $1,346,202 in 1984 (6 months). Home Federal Savings & Lom~ Assn., Palm Beach, FL, Asst. Vice President - 7/78 to 2/81. Managed largest branch at the Palm Beach Mall. Responsible for direct supervision of branch, mortgage and installment loan activities, security and compliance. EDUCATION Windber, PA - High School (Commercial Degree) - Honor Student Univ. of Central FL - Business Management School, 19g0 Univ. of FI, Gainesville, FL - Florida School of Banking - Graduated in top 10% of class in 1987. Real Estate Salesman's License - 1980', Broker's License - 1952 REFERENCES Personal and business available upon receipt. IUIHL H.U4 CITY OF DELRAY BEACH BOARD MMMBER APPLICATION NAM~ Wrm. Vmra Scott 909 S.W. llth Terr. Delray Beach FL 33444 HOME A~DILESS (S~ree~, City, Zip Code) (LEG~ ~SID~CE) SAME ~'~'INC~ BUSINESS ~D~SS (S~reet, Cl~y,. Zip Code) .. H~ ~ 276-9945 BUSI~SS PHO~ ON ~ ~0~S ~ XOU ~ST~ IN SERVLNG. Nuisance Abatement LIST ~L CI~ BO~S ON ~I~ YOU ~ ~~Y SERVING OR ~VE ?~VlOUSLY SER~ (Please include da:es) N/A ~UCATIO~ QU~IFI~TIONS ,,~gb School Education LIST ~ ~T~ PROFESSION~ C~RTIFICATIONS ~ LIC~SES ~ICH YOU HOLD GI~ Y0~ P~SENT, 0R MOST ~C~T ~LOYER, ~ POSITION HQmemaker DESCR~ ~ERIENCgS, SKILLS 0R ~0~GE ~ICH QU~I~ ~0U T0 S~VE 0N ~IS Presently I serve as vi~e president of Delray Beach Heiqh% Homeowners Association. ~L~Sg ~A~ A BRIEF ~S~. ~~ ~T ~ ~SSTA~ OF ~T~ FACTS CO~AIN~ TION ~X ~USE F0~EI~ ~0N ~ P~T 0F ~ ~POI~ I ~Y ~CEIVE. 4/ o Vera Scott 909 S.W. 11th Terrace Delray Beach FL 33444 561-276-9945 Objective: To serve as a member of the Nuisance Abatement Committee. Highlights: · 4 years as vice president of Delray Heights Homeowners Association · 26 years as resident of Delray Beach Heights · community leader (1990 to present) · strong communication skills · ability to work weft with others Education: High School Employment: Retired Committees: · former vice president of missionary society · former chairman of benevplence committee · choir member of St. Paul A.M.E and Delray Community Choir · member of Herines of Jericho MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER ~ SUBJECT: AGENDA ITEM # ~ REGULAR MEETING OF APRIL 20, 1999 APPOINTMENT TO THE HISTORIC PRESERVATION BOARD DATE: APRIL 16, 1999 There is a vacancy on the Historic Preservation Board for an unexpired term ending August 31, 2000 due to the resignation of Betty Diggins. To qualify for appointment, a person shall either be a resident of or own property in the city, and/or own a business within the city. In addition, the City Commission shall appoint professional members from the fields of architecture, landscape architecture, history, architectural history, licensed contractor familiar with restoration, planning, archaeology, or other historic preservation related fields such as design, urban planning, American studies, American civilization or cultural geography, provided there are applicants available. Laypersons of knowledge, experience and judgment having an interest in historic preservation should compose the balance of the membership. Further preference should be given to professional and lay persons who own property within historic districts or whose property is individually listed in the Local Register of Historic Places. The list of applicants is attached for review. 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 Randolph (Seat #4). Recommend appointment of a member to the Historic Preservation Board for unexpired term ending August 31, 2000. Appointment to the Historic Preservation Board City Commission Regular Meeting of April 20, 1999 The .following individuals have submitted applications for consideration: Owns property within a historic district: Cecil A. Jamison Mary Lou Jamison Fratik A. Rozzo Other applicants: Bonnie (La Vonne) Ansbacher (Imerior Design) Janet E. Baron Paul Richard Brautigan (Architect) Gloria Elliott Joe Farkas (also applied for Affordable Housing Advisory Committee) Ruth Hauser (Degree in Geography/Land Use Planning) Gail-Lee McDermott (Osceola Park Neighborhood Association) Ralph Morse Richard J. Mullen Rhonda P. Sexton (Interior Design) Timm R. Sweeney (Andover Homeowners Association) Kevin P. Warner (Via Marina Homeowners Association) Board99[agenda.memo. HPB Board.4 20.99 DEL~,AY BEACH ® BOARD MEMBER APPLICATION 1993 Please type or print the following information: 1. L~ Name:.,~ $~"ne~ Middle Initial 2. Home Address:' --Dt~ statm~t~ Zip Code~ 3. Legal Resia~nce ~ Ci~ $ ----_ Zip Coae 4. ~ncip~ B~ess Ad.ess: Ci~ State Zip Code 5. Home Phone:(ff~}) ~7~ ~ ~ ~ ~ ~ Business Phone: ( ) 6. W~t Boa~(s) are you intere~ed in se~ing~ J 7. List all C~ Bo~ds on which you ~ cu~cntly sc~ing or have p~viously se~: (Plc~e include dines) 8. Education! qualifications: 9. List ~ny ~l~t~J professional certifications ~d licenses which yo~ bold: I 0. Give your present, or mo~ m~nt employer, ~d position: 11. ~scribe gx~riences, skills or ~owledgdwhich quali~ you to se~e on ~is ~d: (PI~ a~ch a brief resume) I hereby ce~ that all the above statemen~ a~ t~e, and I ague and unde~tand that any misstatement of matedal ~ ~ntalne~ !~..~!s.a~pli~tion may ~use forfeiture upon my pa~ of any appointment I may ~ive. ; ~: ~..~ SIGNA~ i DATE Note: ~s a~li~fion ~ll ~ on file ~ ~e Ci~ CleA's Office for a ~fiod of 2 ye~ fiom ~e &te it w~ submiRed. It ~11 ~ ~e applic~t's res~nsibiliW to ensue ~at a c~ent application is on file. ~~O~PLICA~ON BOARD MEMBER APPLICA?ION { 2. H~e Ad~s: { Ci, ' i S.te I Zip Code H~s~orxca~ ~reservacxont ~oaro ox AO3Uscmenc others would be considered 7. L~ all C~"~ds on Which you a~ c~ntly ~g ~ have p~viously ~M: (Pi~e include dates) Board of ADjustment ~995-1998 g. E, ducational qualifications: 9. List any related professional certifications and licenSes which you hold: 10. Give your presen~ or moa recent employs, and position~urrent: RegLona! DLrector/Excel Telcol ~ ~A~-~v~ Man~m~n~t Resi~ential Property Manaqer Beck Summit Hotels; Secretary to President Jl. Der,~ea~etiences,~ills~knowl~gewhichq~Ji~you~serve~ ~Jsboard:~aseattacha ~Jefmsume) I hereby certify that al~ the above statements are true, and misstatement of material facts contained in this application may cause forfeiture upon my part any irl~p#intment I may receive. " "1'2'' ~' ~~r L_ Note: This application will remain on file in the Cia7 Clerk's .~ce for a period of 2 yea~s from the date it was submitted. It will be the applicant's tesponsibilRy to ensure that a cutren! application is on file. ' i INDEPENDENT FIEPRESENTATI¥~ JANET E. BARC c o M M U N I C A T I O N $ Delray Beach, FL : CURR~N (561) 279-0931 JANET BARON.hd-t.YRPHY ~ 1920 South Ocean Blvd. ~'6 Tel: ~61-2'/9-O931 TO SOCI.JF~ si pOsJtJOl"t using my bl'o~d r~n0e of si( Delray Beach, Fl. 33483 E-mail: jaycur~'aoJ.com SUMMARY OF OUALIFICATIONS '12 years experience ns an Executive AssistanL VeruUie with Windows 95, MicroSoft Word, Corel Word Perfect and Lotus 123. pROFESSIONAL EXPERIENCE January, '199~- .~=~e~t HAWK-EYE MANAGEMENT, INC, Boca Raton, FL .T~t~,~,lE~f, R¢~ Position: Office Manager, Property Manager Responsibilities: Secretary to President, supervise 5 person office staff, manage three homeowners associations, arrange monthly board meetings and annual meetings. Uaison between boards of directors and management office for 18 properties, research and monitor monthly, billing for management office and individual associations, handle employee benefit program, dafina sind project professional image for office. Schedule wor~ for field personnel. January, 1995- January, 1996 ERA SAND & SHORE REALTY, INC., Delray Beach, FL Po$~on: Off'c:e Manager sind Tra~ Coordinator Responsibilities: Administration of real estate office. Liaison between broker, 12 ~aies associates and real estate clients. Coordinated closings and all follow, up procedures February, 1993- December, 1995 GEMINI FINANCIAL HOLDINGS, INC., Boston, MA and Boca Raton, FL Position: Executive Administrator Responsibilities: Office manager ~ executive M<:retary to the Senior Vice President in the Boston of Tx~ and the Pre~dant of Equ~e$ Division in the Boca Raton office. Coordinate meetings between executives sind national office staff, made all business February, 1993 THE COPLEY GROUP, Boston, MA Position: Executive Secretary, Office Manager, Insurance Administrator Responsibilities: To~al opera6on of office, human ~s, lupewbe ~aff of 30 employees, prepare ~ monitor executive staff nmeting$, purchasing agent, liaison between president, controller, and clients, coordinate daily ~:lules, travel arrangements, and.advertising. August, 1986 to January, 1990 ASHWORTH MORTGAGE CORP., Newton, MA Position: Executive Secretary, Office Manager Responsibilities: Total operation of office, supewision of office personnel, liaison between president and clients, coordina..ta advertising efforts, press releases, etc., purchasing agent, prepare monthly budgets, commissions, and travel reports, schedule appointments and mside travel arrangements for executives. CITY OF DELRAY BEACH BOARD MEMBER APPLICATION Paul Richard Brautigan NAME 3020 Florida Boulevard; Delray Beach, FL 33483 HOME ADDRESS (Street, City, Zip Code) (LEGAL RESIDENCE) 100 East Linton Blvd., Suite 305A; Delray Beach, FL 33483 PRINCIPAL BUSINESS ADDRESS (Street, City, Zip Code) HOME PHONE (407)243-7944 BUSINESS PHONE (407)272-9086 FAX 278-5636 ON WHAT BOARDS ARE YOU INTERESTED IN SERVING Site Plan Review and Appearance Board; Housing Authority; Historic Preservation, Code Enforcement Board; Board of Construction Appeals LIST ALL CITY BOARDS ON WHICH YOU ARE CURRENTLY SERVING OR HAVE PREVIOUSLY SERVED (Please include dates) Human Relations Committee 3/89 - 3/91 EDUCATIONAL QUALIFICATIONS B.S in Architectural Studies, Florida A & M University; B.A. Architecture, Auburn University LIST ANY RELATED PROFESSIONAL CERTIFICATIONS ARD LICENSES WHICH YOU HOLD Registered Architect (Florida); Certified Building Official GIVE YOUR'PRESEITF, OR MOST RECEHT EHPLOYER, AND POIITION President, Architect, Owner of Rick Brautigan Architects DESCRIBE EXPERIENCES, sr~ILLS OR ~lqOWLEDGE WHICH QUALIFY YOU TO SERVE ON THIS BOARD Experience in Low Income Housing, Historic Preservation, Resident of South Florida for 43 years PLEASE ATTACH A BRIE~ RESU)~. I HEREBY CERTIFY THAT ALL THE ABOVE STATEHK1TFS AKE TRUE, AND I AGREE AND UNDE~T~ THAT AIqY MISSTATEMENT OF MATERIAL FACTS CONTAINED IN THIS APPLICA- TION MAY CAUSE FORFEITURE UPON 14~ PAIT OF AIOI APPOINTHEHT I MAY RECEIVE. , SIGNATURE ~ DATE 4/90 Croup South About Paul Richard Brautigan, Inc. P. ~c~ BmuUgan Architect With over 20 years experience in Southern Florida, Mr. Brautigan has been in private practice over 4 years in Delray Beach. H61ding Architecture degrees from Florida A&M University and Auburn University, Mr. Brautigan has designed over 4,000 housing units and buildings as tall as 36 stories. A native of Ft. Lauderdale, Mr. Brautigan brings his philosophy to bear that buildings should be sensible as well as belong to the site they occupy. Having designed an extraordinary amount of diverse building types from a native 'Cracker House' to the highly acclaimed Saint Demetrios Greek Church in Ft. Lauderdale to the wonderful Gold Coast Railroad Theme Park at Metro Zoo. Currently, Mr. Brautigan has purchased the historic Seaboard Air Line Railroad Station in Delray Beach and has started the restoration' of the building for the relocation of his :irm, Group Architecture South, Inc. Group Architecture South, Inc. was founded in Delray Beach in 1983 by Mr. Brautigan and currently maintains a staff of 2 architects, 4 technical support personnel, 1 field manager, 2 interior designers and 2 clerical supports. The reputation of Group Architecture South, Inc. has been built on the highly creative Architecture of Mr. Brautigan coupled with the technical clarity and technical completeness of the firms Construction Documents. Mr. Brautigan was selected as Architect for the personal houses of such notables as Edward Ledder, Chairman of the Board of Abbott Laboratories; Warren Thomson, an internationally known Wall Street trademark attorney; J. Allen Jones, former corporate counsel of Eastman Kodak; Colonel Robert Conlin of NASA, Jack Gaines and Nathan Archl~c~re Miller, prominent South Florida Developers; Jerry Baxter, Land Plan~ President of Corporate Design Interiors. Grap~c~ G~fCourse AS Frank Lloyd Wright so aptly stated, "Give.back.the sloganA~chl~c~re 'a good copy is better than a poor original' - to those whose desire for success out-measured their capacity to perform and who framed it in self defense.' · close examination of Mr. Brautigan'sarchitecture reflects .he originality, principles and truths of which Mr. Wright' spoke. 100 East ~nton Bird[ ~lte (~6) 272-~ Architecture Inc. P. Richard Brautlllan Architect The following Client List demonstrates the unique and diverse types of individuals, developers, etc. who found Group Architecture South, Inc. Nathan Miller - Developer Personal House Jack Gaines - Developer Personal House The Babcock Co. - Developers Cloverbend Versatile Investment Properties - Developers Windwood Restaurant - Delray Beach Po Folks Lennar Homes - Developers Boca Chase Diamond Equities - Developers Diamond Plaza Gold Coast Railroad Museum Theme Park Greek Orthodox Community of Broward County Church Edward Ledder - Chairman,Abbott Laboratories Personal House 'arreh Thomson - Trademark Attorney Personal House J. Allen Jones - Attorney,Eastman Kodak Personal House Whitehill Developers Hampton Club Steven Whitehill - Developer Personal House Henry Whitehill - Developer Personal House Hobe Sound Associates - Developers Hobe Sound Golf Club Holiday Inns of America Hotel - Maimi Jerry Baxter-Pres.,Corporate Design Int. Personal House Richard Bagdasarian - Attorney Personal House Castle Lake Corporation Apartments - Akron, Ohio Kisstmmee Station - Kissimmee, Fl. Railroad Station Rehab. Louis Vitale - Attorney/Former Judge Personal House Architecture Land Plannlnl{ Graphic Design Models Golf Course Architecture 100 East Linton Blvd. Suite 1~02-A Delray Beach, PL ~3444 04/07/99 WED 05:43 FAX 561 243 3774 CITY CI~RE [~002 BOARD MEMBER APPLICATION 1993 Please type or print _tt~owing ~formation: ' ( Y/ , , , 2, Home A~s~~ ~ Ci~~~ ~' Zip Code 3~ L~al R~sid~nce Ci~ / S~ie ~i~ Code 4. ~ncip~ B~ess ~d~: . Ci Stae Zip Code 6. What Board(s) a[eh, o, inter,~,~ in se~ing?~" ~ ~' ' 7. List all City Boards on which you are currently serving or have previously served~ (Please include dates) 8. Educational o~lifications:/~ ,- "9. Li~ ~y relat~ profeSSional ~nifi~ti~ns ~d licenses which you hold: 4~/,,. ,, ,0. Give your ~es~, or mo~ re~emp,o~r. ~d posi~n: 11. D~crib~ ,~ri,nce,, ~11~ ~nowl~ which qu~li~ you t9 ~, ~i~ mi~a~ ~ate~ ~nmined In this~ptl~tton mar ~use ~ffeiture upon my pa~ of ~ny ap~i~nt I m~y ~i~e: ~ , Note: T~p./a~licafion ~1 ~ on ~e ~ ~e Ciw Clek's ~ for a ~od of 2 ye~ tom ~ ~U~. It ~ ~ ~e app~c~t's re~i,~li. t~en~_~..~t_~.~ ~pli~on is on file. ; BOARD MHMBER APPLICATION Please .t!q2e or print the following information: 1. Last Name: ' " Name Middle Inil'ial FARKAS JOE 2. Home Address: ' ' ' City ' ' State Zip Code .. 767 ~ 3773~ Aw D~L~Y s~CH md ~S 3. legal R~den¢~ City ~ Sta~ Zip Code 76a ~ 3mt AVE Dn,~AY B~Clt . FL 33~5 4. PrincilMl Business Address:AA, l Tl~U$'r 6,q~ City : State Zip Cod~ 20~23 STATE ~ ? SUITE ~IF-20 BOCA RATO~ FL 33~98 5. Home Phone: ( 561 ) ~9-/4578 Business Phone: ( 561 ) a83-3987 6. What Board(s) are you interested in serving? HISTORICAL BOARD, PLAlqNIN~ AND ZONING. 7. List all Cit~ Boards on which you are currently serving br haVe previously'serveit: (Please include dates) Educational qualifications: S~A 9. List any related professional e~rtifications and licenses which you hold: 10. (~ive'your present, or most recent emPloyer, and POsition: AItTRUST BANK : MORTGAGE LOAN OFFICER · 11. Describe experiences~ Skills or knowledge which quaii~ you to serve on this board: (Please attach a brief resume) I ~AVE WORKED IN THE BANKING INDUSTRY IN SOUTH FLORIDA FOR T~r~LVE YEARS IN YARIOU5 POISTIONS INCLUDING MANAGI~NT AND LOANS. ! ¥OLUNTEER AT MY CHURCH AS A TREASUR iR. I hereby certify that all the above statements are true, and ! agree and understand that any miss?~.~.ment of material facts contained in this application may cause forfeiture upon my part of a.;~ appo'iotment ~ ma)~ receive. SI.~/~ ' l lO 17 I~ff . DATE / Note: This applicatiOn will remain on file in the 'City Clerk's Office for a period of 2 years from the date it was submmed. It will be the applicant's rcsponsibili~ to ensure that a current application is on file. S~CITY~M~IAPPLiC AllON Ruth Hauser 2100 S.W. 35th Avenue[ Delray Beach, ~L 33445 HOME ADDRESS (Street, City, Zip Code) (LEGAL RESIDENCE) retired PRINCIPAL BUSINESS ADDRESS (Street, City, Zip Code) HO~E PHONE 495-94~2 BUSINESS PHONE ON i~tAT BOARDS ARE YOU INTERESTED IN SERVING Plannin~ and Zonin~ ~ Historic Preservation Board , LIST A~T RELATED PROFESSIONAL CERTIFICATIONS AND LICENSES ~ICH YOU HOLD GIVE YOUR 'PRESENT, OR MOST RECENT EHPLOYER, AND POSITION part-time employment, various agencies DESCRIBE EXPERIENCES, SKILLS OR XNOWLEDGE l~ICl~ QUALIH YOU TO SERVE ON THIS BOARD back, round land use and planning: had husin~s~ in llpp~r Southampton Township PLEASE ATTACH A BRIEF RESUliE. I HEREBY CERTIFY THAT ALL THE ABOVE STATEHENTS ARE TRUE, AND I AGREE AND UNDERSTAND THAT ANY MISSTATEMENT OF MATERIAL FACTS CONTAINED IN THIS APPLICA- TION MAY CAUSE FORFEITURE UPON HY PART OF ANY APPOINTI~NT I MAY RECEIVE. x_ SIGNATURE - · ~ 'DATE 4/90 ~ CITY OF DELRAY BEACH BOARD MEMBER APPLICATION 1993 Please type or print the following information: . Sam,~ ~ ~e Iniliai 1 Last 2. HomeAddress:~.../.~..~..~t~/t4./~4~A~ Ci. ty ~,~,.~~, ~ ~ ZipCqde.~ ~ 3. Leg~ Residence~ ~~ ICi, / State Zip Code 4. Pfinei~ B~ess Ad~e~. ~ I Ciw ~ ~ t I S~ I ZinCode 5 Home Phone' (~) ~ 77 J B~iness Phone' ) . ~ t ~ · - ~7~ ,, ~, · ~/ ~7 ~ff~ r, ~- 6. W~a;B~s~ Y~t~ ~n ~? ~ ~ ~ 7. ~ist ~]1 Ci~ Bo~ds ~hich ~ou ~ cu~cntl~ ~ or have p~viously sc~cd:~s~nclude dates) 8. ~S: ~ ~ l~N~e: ~s ,plication ~11 ~__ On fil~ ~ ~e Ci~ Cle -rk,s Offic~~e for a ~fiod of 2 ye~S ~om ::~te it w. [ ~b~ed. It ~I1 ~ ~e appli~t's ~nsibili~ to e~e ~at a c~ent application is on file. ~~PLICA~ON ~ CITY OF DELRAY BEACH ~ll~J BOARD MEMBER APPLICATION · 1993 Please type or print the following information: L e: l. ,~~O/~ )*~/~-C,~Name /~.~C~ Middle Initial 2. Home Ad,ess: , ~ Sta_~ Zip Code 3. Legal Re. sidence State I Zip Code 4; P~ncipal Business ^d~cs~: , ,, .J3/d4 s. Home Phone: (g / ) ~9%2- q 7~ Business Phone: (~ / ) ,9-¢:- 53 / 3 6. WhglBoa~(s) are you intem~}~ in se~ing¢ , 7. List all City Boards on whi~ you are currently serving or have previously served: (Please include dates) 8. Edu, cati°nai qualifications:, I9. List any related professional certifications and licenses which you hold: 10. Give your present, or most recent employer, and position: ' , , . 11. Describ~ experiences, ~/'lls or knowledge which qualify, you to serve on ~t?s board: (Pie~ase attach a brief resume) , I hereby certify that all the above statements are true, and I agree and understand that any misstatement of material facts contained in this application may cause forfeiture upon my part of. any appointm, ent /J~nay receive. L ' / Note: This application will remain on file in the City Clerk's Office for a period of 2 years fi.om the date it was suLmitted. It will be the applicant's responsibility to ensure that a current application is on file. ~crrY~OAJICDL~ePLIC ATION 04/09/1999 ll:3G 561-2,43-7018 OLD SCHOOL $OU~,P.E PAGE 02 O~/O$,'g$ 1~I OO:~? FA1 $~1. '~4;~ $I'/4 CI'I'3~' CLF,.RI~ · ~ .... ~JJJJff CITY OF DELKAY BEACH BOARD MEMBER APPLICATION 7. Lilt Ill C~ B~ on Whi~ ~u ~ ~u~ndy ~g ~ hm~c ~vlous~* ~: ~ includc ~is) 9. L,~y ~,profmio~el cenifi~ion5 ~ litter; which you hold: '"1'0. Oi~c ~o~' pm~nL or mo~ ~ent ~plOYmr, ~d ~siO~:~ -- ' '- 1 i. Describe e~erience-~, skills or Imowlaclle wl~'~J~ ~--!it~' :ro, lo s~'v~c ~ ii, bo,d: Oqt. i~ m~cl~ i 'brier' re~ume) iZ hereby certify that all 't~e 'above statements are true, and t. agree and bndsr~tancl that any mi$$ta.t~ment of material fa~gs contained in this application may cause forfeiture upon my part of an¥~dpolntment Lmav receive, r'" ___ ~....~ -, . J-. ,'- /2 J ~ec t~VED '-' ! 1 ~Nou: Thi~ ~p~lic. afion will t~ir, o~ I~ in ~ Ci~ Cicri['~ uul~i-~t~<! of 2 ym from thc &i¢ 1~ w~ ~bmincd. I~ will lm ~h~ &pplirs ['~ r~:~sibiIity t~ cm~ At ~ curr~m ~l~pllcation i~ on ~. CAy of Detray Beach 100 Northwest 1st Avenue Detray Be, ack Florida 33444 To the City of Detray Beach: I grew up in Detray Beach. Though I did not attend scho~ locally, I did receive my b~belors degree fi.om Florida Atl~mic University in Boca Raton. When I le~t Detray Beach aite~ college, I always knew that one day I would come back home. That day came in 1995. Delray Beach had become a place f~ar different than the one I left. What I could not imagine is how quickly I became entrenched in the make-up of Delray Beach. If there is such a thing as a 'geographical root' Delray Beach is that for me, Delray is my home. As such, I am very open to the challenges the revived city is o~-ring. I bought my house in Osceola Park in June of 1995. In November of' 1995 wi~h the persuasion of police Sgt. Tom Matava and neighborhood presidem Barbara Ball, I found myself accepting the position of president of the Osceola Park Neighborhood Association. I said I would take it on for one year. OPNA formed a steering committee. We drew up association by-laws. Meetings were regularly held, with speakers from the Delray Be-_ch Police, the Deiray Beach Fire Department, and various departments at City Hall. I, a~l the steering enforcement, and the Deh'ay Beach Police. As a neighborhood we came together to petition Detray Beach for fencing along the F.E.C. Railroad tracks. We also made efforts to battle the traveling drug trade. The neighborhood participated in paint-ups, clean-ups and anticipated tree-plantings. As the neighborhood representative that everyone seemed to know, my telephone was the first to ring when a problem occurred. I was the one to caJl 911 for others and ask the police to advise me of the outcome. Two years later I stepped down and turned my o~ce over to the ~rst elected president of the Osceola Park Neighborhood Association. During that time, ! had been honored to join and graduate fi'om the Delray Beach Citizens Police Academy and the pilot program of the Citizens Emergency Response Team. In 1997 1 also started working in Delray Beach. I am currently the Box Office Manager of the Crest Theatre of the Old School Square Cu]~xwal Arts Center. I am very interested in serving on a board for the City of Delray Beach. ! have a sense that the residents often feel unheard -- from the physical entity of the neighborhood to other residems that may cause the disruption of a peaceful neighborhood, I want to be pan of what make Delray Beach works. Thank you for considerniion, Sincerely, CraiI-Lee McDermott Please ~ or print the following mforma6on: 1993 '3. Legld P~sidcnc¢ C~ty t State Zip Code ~; Prin':ipal Busin,ss Addre¢4': -- IeiB' "'- " ! State Zip Code ,,'ccc ..... I 5. HurtLe Phone: (¢ /) 'Z') % -' / %") 6 { Business Phone: ( ) ..__.__ ' 6. "Wha~ Board(~) are y'ou'in~ercaed in servin[',? D. List ill Cib Boards on J . 10.' Oix.~ your present, OT mosl recent employ%:, ~nd position: I. Dcsc rib~ ~xperiences, skills or knowledge wb~¢J~'~u~llty you ~o serv~ on this board: (PI~ at~ach a brief resume') / hereby ce~i~ that all the above statements are true, and I agree and understand that any - m misstatement of maMdal ra~s contained In this application may cause an~ ap~o/ntm~I may receive. -- ~ot~: T bzs a~li~tion ~11 ~Tire in ~'o CJ~ Oinks 0~ at m~y time. q % - BOARD MEMBER APPLICATION 1993 Please type or print the following information: S. nomeP~:( ) ~%. 7. Li~ all C~ ~ds on which you am cu~ently se~ing or have previously ~: (Pl~e include dates) 8., Educat~al qualifications: 9. List any m~d professional ~ificafions and licenses which you hold: l~ G}V~ your ~sent, °~ mo~ ~cent employer, ~d ~sition: - 1 I. ~sc6~ ~riences, skills or knowledge which q~li~ you m ~e on ~is ~rd: (Pl~se a~ch a brief resume) I ~by ce~ that all the above ~temen~ a~ t~e, and I agree and unde~tand that any mi~tement of material ~ ~ntained in ~is appli~tion may ~use ~itu~ upon my pa~ of a~K a2point~nt I may ~ceive. FE'OI.1 : E'O2ZCI F,'CICIFIIIG PHCItlE IlO. : 561 =.8 2141 Apr. 15 1999 Fd?:46AI'l F'i * BOARD MEMBER APPLICATION Please ~ or print the following information: ..... Middle Initial I Last Nazile: 2. Home Adcl~ss: ' Ci State Zip Code 3. Legal Residence ' City State Zip Code 4." i~d~c~paJ ~u.~nes~ Acl~: City S~e Zip Code 7~ L~st all C~ ~ 12 ~$~ribe ~riences, skills ~r knowledge which quali~ you m se~e on ~is ~d: (PI~t a~eh a brief resume) - ~I ~e~eby ce~lp that afl the above ~atemen~ a~ true, and I ag~ and undemtand that any m/s~atement of material ~ ~n~ined tn this applier/on may ~use ~ffeiture upon my pa~ of any appoln~ent ~ maX re~ive. Note: ~s ap¢i~fion ~11 ~am on file submin~. It ~ii & ~e applier's ~onsibiHw to en~ ~a~ a e~nt application is on file. Please ~-pe or p~m, d~e/oltc~g ir~om-[a~on: ~ 993 ~ 3. Legal. Reshte~c~" ............... Ci~ ~ ........ ,Rtate Zip C~ -- I 4. hSneipal Busit~.ess Add,'e~s: ~i~- ~ ' Zip Code } 6. ~h= Boar& ~) zre y.:;,t,, h'~tor~M in sc~,mg? ........... ~ ......... ~" Li~ all CitT~)~4 ,.,, ~[$% 7':,u ~ cun'en,;[~mwi~ or have previousl-,' served: (Plea.~ ~ dates) 10. GiYe your present. ;:,r mo~ recant employor, and p°ait}onL.. ....... : ;,7. i- -~-~ ..... , I hereby certify ~!taP ali fha &'bo;,e statoment$ are true, a,~d I ~,,F~.,.j...... ,".ed ut?der, st~?nd thai' any mis.~atemer~t (:,"' rr.;o,~erig~ L~c'ti; c'o,qt'ahTed lt~ this application r,~y c.~t;.~e fo~el~'uf'e upon my part of any appointmer~t ( frtay' r'e(.'elve, DATE ~ete: ~ app~c~mn w~.1~ v~m~n ~ ~t~ ~: ~e Ci~ ~lerk's O~ce $o~ ~ ~e~od of 2 ye~s ~om ~e d~te k was CITY OF DELKAY BEACH ~,OARD M~B, ,~R, ,A~PLI CATION ~ Timm R Sweeney 2606 Hampton Circle North, Delray Beach FL 33445 Co e) '(LEGAL SZD NC -} 7601 North Federal Highway, Suite 205B, Boca Raton FL 33487 ~ ~0~ 561 637 0796 ~USI~SS ~ONE 561 997 7270 ON ~T BO~$ ~ ~OU I~S~ IN SERVING P~Z,,,aod/°r, Historic,, ~,, , Preservation- ~~ ./. z~Zf ~,,,~.~ LIST ,~3. CITY BOARDS ON WHICH YOU ARE CURRENTLY SERVING OR HAVE PREVIOUSLY SEIFED (Please :L~clucie dates) Andover Homeowners Association-Delray Beach (secretary) EDUCATIONAL QUALIFICATIONS ...... City Univorsity of New York LIST AN~ T. ELATED PROFESSIONAL CERTIFICATIONS AND LICENSES WHICH YOU HOLD GIVE YOUR PRESENT, OR MOST RECENT F. MPLOYER, AND POSITION President, SIL Uorldwide Marketing & President, DMSG, Inc. DESCltT~E EXPEXIENCES, SKILLS OR KNOWLEDGE WHICH QUALIFY YOU TO SERVE ON THIS 6,c~,,ive co, a,t~,ibu~oc,, to Old School,Square~, ,, previous,, ,, experience,, as developer on Long Island, NY PLEASE ATTACH A BRIEF RESTA~. Z HEEE~! CF. EI'IFf THAT ALL THE A~OVE STATEMENTS APE TRUE, AND ! AGP, EE AND UND~ THAT AFl MISSTATEMT. NT OF MATERIAL FACTS CONTAINED IN THIS APPLICA- TION MA~ CAUSE FOXFEITUEE UPON MY PART OF ANY APPOINTMENT I MAY RECEIVE. Timm R Sweeney 2606 Hampton Circle North Delray Beach, FL 33487 561 637 0796 Timm R. Sweeney, 44, is the founder and President of .SIL Wor/dwide Marketing Services. SIL is based in Boca Raton, Florida, with offices in New York and Chicago. It is a marketing and research consulting firm which provides market research services to Fortune 500 clients worldwide. He is also the founder and President of the Direct Marketing Services Group, Inc. of Boca Raton, which provides direct marketing and sales services to a national client base. Prior to forming the corporation in 1983, Mr. Sweeney held analytical, client service, and executive positions with several marketing research firms and advertising agencies, including J. Walter Thompson and Marstellar Advertising. In addition to his professional experience, Mr. Sweeney was a residential property developer on Long Island in the 1980s, in association with Bertoli & Company, architects and developers. He is a member of leading professional marketing and research associations in the US and Europe, and has published in research journals on subjects ranging from : international research methodologies to positioning brands for global markets. He currently resides in Delray Beach with his wife Jeanne and daughter Amanda. A graduate of the City University of New York, Mr. Sweeney has been a permanent resident of Delray Beach since June 1995. He is currently the Secretary of the Board of Directors of the Andover Association, a homeowners association. He is a member of the Delray Beach Club, a summer member of the Little Club of Gulf Stream, as well as a member of the Wings Club or New York andthe Tavern Club of Chicago. liP, PHOIIE ~10. : 561 2S~ ?~69 Apr. 07 199'~ O'~:OE:A[.1 F'i * BOARD MEMBER APPLICATION Please type or prat die folloudn~ i~£orm~tion: : , 3. Leg~i~es~denc_~ ~~ - Ci~ S~t~ Z/pCode 4. ~r~cip~ B~iness Address: Cky - S~ Zi~ Code ~.. What l~oa~d(~) are you interested in se~,~g?, ~ . -~ ~ .... ~ ..... ~ . ~' ,.~ t_o~%.. V ~Le~au &~ t.c,D '7, List lll-C~ Boa~ On which you are c~tly se~g or ~a've"p~vio~S~"s~:~'i~se ~clu~ ~at~) [ 8_ F~ducational qualifications: 9. List an') related p~ofessional certifications and licenses which y'ou hold: I O~-Oive your present, or most recent erni>loyer, and-position: ' : / - - ' -i 1. Describe e~Periences, skills or knowledge w~h~¢h qualify you to sen,0 on tbJs board: (Please attach ~ brief resume) " SEE ATTACHED RESUI~ I hereby certify that all the above statements are true, and I agreffand un-d~rstand that any misstatement of rn~erial facts contained in th/$ application may cause forfeiture upon rny part of apy~ppo/n~ent ~ rl~y receive, i ..... ;'~":"-:-i-::-i'~ .......... ( I/ _ i . x ~ ,' ~-'-'--- ,: ,/../.~/'1 c./ "1 , I.I ' 7 sT~^TU~ ! 7' /~// D^~ ~ ' - Nole: This ~l~plication will r~'main on file in tl~ Qty~lerl~r~ Office fo~ ~ period of 2 y~ar, from the date it submitted. It will be Thc applicant's responsibility to en~urc that a current application is on file. $i,~:l 'l'~C.J~ JIJC~I~ .~:~j~ PLI C A TkO N FF,'OI,1 : liE' PHOIlE I10. : 561 266 7169 ~pr. ~7 19_q9 O9:0E:AI'I P2 KEVIN P. WARNER · 248 Venetian Drive Delray Beach, FL 33483 tel '66-8810 ABTECH INDUSTRIES (Scottsdale, Arizona) New York, NY & Vice-President Delray Beach, FL * Help nm small, start-up environmental products company 1995-present LEHMAN BROTHERS, Institutional Fixed Income New York, NY Vice Presi&n~t, GENERALIST SALES & RESEARCH DEPARTMENT 1985-95 . Analyzed commercial and residential real estate trm~sactions, new issue underwritings, and corporate bond credits for client relationski.ps. . Developed investment strategies for firm's money manager clients. CITIBANK, N.A., Institutional Fixed Income New York, NY Asst. Vice President, GENERALIST SALES 1980-g5 . Managed depository and mortgage ban.king diem relationships, WASHINGTON, D.C. COUNCIL OF GOVERNMENTS Washington, DC WATER RESOI. fRCES PLAN'N-ER 197%79 * Pcfformed financial analysis for expansion of regional wastewater treatment system. · Wrote regional plan for land n~e application ofwastewater. U.S. ENVIRONMENTAL PROTECTION AGENCY Washington, DC WATER RESOURCES Elq(312qEER 1973-76 . Identified regional needs for national wastewater a'eatment grants program. * Helped stremnlme Enviromnental Impact Statement review process. CONNECTICUT DEPARTMENT OF ENVIRONMENTAL PROTECTION Hm~ford, CT AIR POLLU'I'ION ENGINEER 1972-73 * Increased ind~rvu3, compliance with state air pollufon regulations. DISTRICT 7 SANITATION COUNCIL - citiz.~u advocacy group. New York City COMMUNITY BOARD 7 - New York City governmental advisory body. 1985-98 WEST 77th STREET BLOCK ASSOCIATION - local street association. DELRAY BEACH AFFILIATIONS ** VIA MARINA HOMEOWNERS ASSOCIATION, President PROGRESSIVE RESIDE~rS OF DELRAY, Member BEACH PROPERTY OWNERS ASSOCIATION, Memb~ EDUCATION PRINCETON UNIVERSITY, Bachelor of Science m Engineering, 1971 Princeton, NJ MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER ~1 SUBJECT: AGENDA ITEM # ~/7~ REGULAR MEETING OF APRIL 20, 1999 APPOINTMENT TO THE CIVIL SERVICE BOARD DATE: APRIL 16, 1999 The term for Robert P. Ferrell, regular member, expired on April 1, 1999. Mr. Ferrell is not interested in reappointment at this time. The term is for two (2) years. According to the Civil Service Act, there are to be five (5) regular members on the Civil Service Board; three (3) of which are to be of different vocations or vocational backgrounds, not employed by the City in any capacity, official or otherwise and appointed by the City Commission. Eligible City employees elect two (2) regular members. In addition, there are two (2) alternate members. The appointee need not be a resident, property owner or business owner within the City. The following persons have submitted applications for consideration: June-Ann Fox Murray Gold Allen P. Huntington (current alternate) James F. Stahl Mr. Huntington currently serves as an alternate member on the Civil Service Board. He would like to be considered as a regular member. Attendance records are attached. Pursuant to Commission direction, a check for possible code violations and municipal liens was conducted. None were found. Based on the rotation system, the appointment will be made by Commissioner Schmidt (Seat #1). Recbmmend appointment of a regular member to the Civil Service Board for a two year term ending April 1, 2001. APR. 07 ' ~9 (WED) i2:27 JC DENIRO 5616~07099 PACE. 2 04/0'7/99 ~D 12:20 F~ ~1 ~4~ 3774 C~ ~ ~0o2 BOARD MEMBER APPLICATION Please typ~_ or print ~e foilowit~ infonma~on: -7. Li~ dl Ci~ ~ds on which ~u ~ c~ently ~g or b~'pmviously --w~: ~i~ ~cl~e draft) ' 9. Li~ any ~la~ pro~si°nsl ~fi~6~s ~d li~ w~tch ~u hold: I hereby ~ that all ~e above ~temen~ ~re ~e, an~ Z agr~ and und~nd t~'any miss~tement of martial ~ ~ntal~d i~ ~ls appl[ca~on may ~use ~itu~ upon my pa~ of ~is ~U ~m on file ~ me C~ C]~k', 0~ f~ a ~oa of ~ y~s ~om ~e i, w~ BOARD H~MBER APPLICATION NAME . Mu.rra~ Gold . . 13759 A Date Palm Court, Delra~ Beach, FL 33484 ~6HE ADDRESS (Street, City, Zi~ Code) (LEGAL ILESIDENCE) none ~C~ BUS~SS ~D~SS (S~reet, Cit7, Zip Code) .. · ~ ~ 561-495-5426 ~US~SS P~O~ ON ~ ~0~S ~ XOU ~$~ IN S~G ~. CIVIL SERVICE BOARD LIST ALL CITY BOARDS ON I~HICH YOU ARE CURRENTLY SERVING OR HAVE PREVIOUSLY SERVED (Please ~nclude dates) Board of Construction Appeals August 1994 to Aug. 1998 EDUCATIONAL QUALIFICATIONS .graduate of Brooklyn Law School - admitted to the Bar of the State of New York 1952 un't'il retirement LIST AN~ RELATED PROFESSIONAL CERTIFICATIONS AND LICENSES WHICH YOU HOLD practice licensed in the State of New York from 1952 until Dec. 1989 to / law GIVE YOUR P~ESENT, OR MOST I~CENT EH~LOYER, AND POSITION general counsel to Blue Ridge Farms, Inc. from 1982 until 1989. DESCR~E EXPERIENCES, SKILLS OR ICI~OWLEDGE WHICH QUALI)'~ YOU TO SERVE ON T~IS BOARD From 1946 until retirement in 1965 I was a New York City police officer FL~ASE ATXACH A BILIEF ~L~SU~. { July 25t ,1998 , R E S U M E My name is Murray Gold and I reside at 13759 A Date Palm Court (Palm Greens community), Delray Beach, Fl. I was born, raised and educated in Brooklyn, New York. I am married with four (4) children) and five (5) grandchildren. I was drafted into the Army Air Corp in January 1943 and served 1 year stateside and 2 years in the South Pacific, being honorably discharged January 1946. March, 1946 I became a New York City police officer- attended Brooklyn Law school from 1948 to graduation 1951- 1952 I was admitted to the Bar of the State of New York. I retired from the police department 1965 and practiced law until I retired to Florida December, 1989. 561-495-5426 0 q,/' t R/" 1 ':l'B':~ 07:10 1SE, 1 .... : .... -, .... F'gGE 0~.'14.'99 ~D 10:14 F~ ~81 ~43 3774 CI~ CLERK ~o02 CITY OF DEL Y BEACH Please type or prim the following information: 2. Homg Ad&ess: C~ State Zip'~°de 3. Leg~ ~esidence Ciw St~e Zip Code 4. Prh~b~ B~ess Ad'ess: Ciw - State Zip Code 6_ ~hat Boa~(~) are yo~ ~me~tcd ~n 7. hist ali C~' ~o~d~ on which yo~ -9. hi~ a~ rela~d ~-~fesslona] c'e~ificaxions ~d licen~s ~ich you hold: 10. Give ~our pr~ent, br mgs~ r~enz ~ploye, and ~o~fion: ] 1. ~scribe cxperi~n~ skills o~ ~owl~ge ~hiCh q~li~, you ~ s~e on ~is ~a~: ~j~ ~ch ~ brief re,brae) I hereby ce~l~ that ali the'above statemen~ are"~rue, and I agree and unae~tand that any misstatement of material ~c~ contained in this appli~on max ~use fo~eitur~ upon my pa~ of any appoln~ent I may re~ive, SIO~KTL~; Note: ~a ~pplic~iSn ~ll ~maM su~miRed. [t ~l be ~ ~plicant's r~o~ibiH~ to ~e ~t s c~nt a~li~fio~ is on file. 04/15/1999 07:i0 1561 Allen P. Huntington, MBA 1011 Lan~er Way, Delray l~eaeh, FL 334K3 (561) 243-4789 or (561) 278-5817 e-mail: ~htmt~lls~th.n~ o~~ Seeking matmgem~ oppm~mi~ to t~ilize 15+ )~s of~i~ in ma~n~t, compm, er ope,'atim~s and a~untfl~g. AD~S~A~ON & M~AGE~ Train~ sup~sors ~m ne.w comput~ ~et ~l~s ~,m. Main taine~ m~n~ip r~ds ~r ~lmy ~ch ~mn~ g C~m~. Mmmg~ small office ~r l~.al c~mut~ rail s~i~. Managed mtellite offi~ ~r avi.n~ and loan ln~mfion. Pa~ president of h~er'$ ~qs~iatioa. Supervi~r of el~ic d~]~t f~ offi~ ~uipm~t r~ail~. CQ~I~ER ~OLOGY & ~ST~LA~ON Devel~ed tx~mput~ pro,am to g,n~ate and ~ol pa)?oll bu~ Created c~put~' pro,'am to ma~tah~ fi~ ~lfih~ioJ1 ~nn'ol to help pJ.ev~t fi'and for EDP dqm~tn~t. Condum~ ~tnpuler ne~k ~l~n audiB to help int~ove infommfion ~ing. Maintain~ compm~i~ ROLM phone s~n and ~puteriz~ building s~uri~ sy~n, ~ving hard &ive mmmt~cmrer htmdr~ of dollars monthly. Exp~i~ h~ Mi~om~ (I~S, Windows 3. i, Windows 95, Excel, W~d, Works), L~ta~ic, Quick~ and Lores I-2-3. Technical ~perience ~ in~llation of~arc, s~m~'~ pmt~-s ~d m~m~ on ~M PC ~patibles. Pr~ss~ ~ and delmqu~t ~tmls f~ Delmy ~h C~am~ of Comm,'ce. · Conn'oll~ and audit~ sub~an~al ~ily rev~ue f~ a ~m~ rail ~rvi~. Audit~ and ~ tick~ re~d youths for 1~1 ~mmut~ r~l ~vice. Pr~essed A/P for hard dfve manu~mr~. Pa~ tr~surer ofhmeom~'s &~iatio,. ~O~SSlONAL ~~~ 1996-Pr~]t El~tronic St~ervimr ~M~ B~ ~ton, ~ 1996-1997 Mm~l~L'ship A~iSmL~t ~ira)' B~ Omm~r of Commer~ ~kay B~ch, ~ 1995 Office Mmmgm' Tri~o~ C~ut~' ~il Atffiim'i~ Ft. Laudo'dale, ~ 1991-1~95 Assistant O~J~al ~n~ A~ Mm)ag~n~t Ft. Loud,dale, I;~ 1988-1991 ~S Adminis~ator S~gate T~ol~ ~lray B~ch, ~ 1984-1988 Sales As~ciate S~rs, Toam Cent~' ~11 B~ Rat~, FL ~aster ~B~to~s Adml~l~tr~fton ~ York ~imre ofT~nolo~ B~ Rst~, FL ~n~' 1996 Ba~elor of Sci~e, in A~hJi~ti~ L~m ~liv~si~ B~ Rsr~, FL May 19~6 FR'L-~M : '~,TAHL Alii, A':-;!_:;L-~CIATE'_:, F' A PHOIIE I10. ;='Fl 2E, S _'3464 Apr. 14 1'99'9 L]2:IE,F'I'I F'2 CITY OF DELRAY BEACH BOARD MEMBER APPLICATION NAME: JAMES F. STAHL ADDRESS: 2020 SPANISH TRAIL, DELRAY BEACH, FL 33444 BUS ADDRESS: 138 NORTH SWINTON AV.E., DELRAY BEACH, FL. 33444 HOME PHONE (561) 272-4637 BUSINESS PHONE (561) 265-:22.2.9 ON WHAT BOARDS ARE YOU INTERESTED IN SERVING? COMMUNITY REDEVELOPMENT AUTHORITY (CRA) & CIVIL SERVICE LIST ALL CITY BOARDS ON WHICH YOU ARE CURRENTLY SERVING OR HAVE PREVIOUSLY SERVED: DOWNTOWN DEVELOPMENT AUTHORITY EDUCATIONAL QUALIFICATIONS: BA COLUMBIA COLLEGE, GRADUATE ACCOUNTING WORK AT NOVA UNIVERSITY, CONTINUING PROFESSIONAL EDUCATION IN TAXATION. LIST ANY RELATED PROFESSIONAL CERTIFICATIONS AND LICENSES WHICH YOU HOLD: CERTIFIED TAX PROFESSIONAL GIVE YOUR PRESENT OR MOST RECENT EMPLOYER, AND POSITION. STAHL AND ASSOCIATES, P,A., ACCOUNTING AND TAX SERVICES, CERTIFIED TAX PROFESSIONAL (OWNER) DESCRIBE EXPERIENCES, SKILLS OR KNOWLEDGE WHICH QUALIFY YOU TO SERVE ON THIS BOARD: I HAVE SERVED AS A CHAIRMAN BOARD MEMBER OF THE DOWNTOWN ATLANTIC AVENUE ASSOCIATION, BOARD MEMBER OF THE CHAMBER OF COMMERCE AS WELL AS OLD SCHOOL SQUARE AND THE DMA. PLEASE ATTACH A BRIEF RESUME. I HEREBY CERTIFIED THAT ALL THE ABOVE STATEMENTS ARE TRUE, AND I AGREE AND UNDERSTAND THAT A MISSTATEMENT OF MATERIAL FACTS CONTAINED IN THIS APPLICATION MAY CAUSE FORFEITURE UPON MY PART OF ANY APPOINTMENT I MAY RECEIVE. April 14, 1999 J~___.ME'S F. STAHL DATE FF~'Or,I : '_:,TRHL RIll> R'_--;~;I]~]IRTE~. F' R PHOIIE 110. : 561 265 ~464 Rpr. 14 19~9 02:l?F'l'l F'] James F. Stahl 2020 Spanish Trail Delray Beach, Florida 33483 Home: (561) 272-4637 office: (561) 265-2229 E.DUCATIO~ Graduate of Columbia College. B.A. in Business Administration Nova university: Graduate Studies in Taxation. ~ROFESSIQNAL: January 27, 1988 Received CTP, Certified Tax Professional Status. 1984 to Present: Serving as an accountant, tax preparer and tax planner, financial and management consultant to 350 individuals and 125 corporations. 1986: Instructor at Florida College of Business, teaching Accounting, Money and Business, Business Law and Economics. 1982 - 1984: Controller for Classic construction Corporation, Boca Raton, Florida. 1980 - 1981: Student at Columbia College branch in Denver, Colorado. 1975 - 1979: U.S. Army, Fort Carson, Colorado. PRIOR CIVIC RESPONSIBILITIES: Chairman & President of Delray Beach, Florida's Main Street Program. Chairman of Delray Economic Leaders Political Action Committee. Treasurer of Fu~D DADS (civic and substance abuse educational organization). Vice Chairman for Economic Development of Delray Beach Chamber of Commerce. Downtown Development Authority Board Member. old School Square Cultural Arts Center Board Member and Treasurer. Atlantic Avenue Association Chairman. Council of 100 Vice Chairman. Counselor for Minority Small Business Development, TED Center. Counselor for Small Business Development Center at Florida Atlantic University. Delray Merchant Association Board Member. Delray Beach Kiwanis Board Member. --1-- PRIOR CIVIC RESPQNSIBILITIES CO~TINUED~ Founding member of the Delray Beach Joint Venture Board of Directors. State Chairman of Florida Main Street Association, Inc. Vice Chairman/Governmental Affairs for the Greater Delray Beach Chamber of Commerce. President/Drug Free America, Inc. MAD DADS Board Member. -2- MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER ~'/~/I SUBJECT: AGENDA ITEM # a]..~_.~ REGULAR MEETING OF APRIL 20, 1999 APPOINTMENT TO THE POLICE AND FIRE BOARD OF TRUSTEES DATE: APRIL 16, 1999 John Frysinger's term on the Police and Fire Board of Trustees will expire on April 22, 1999. Mr. Frysinger was appointed to his initial term on January 14, 1997 to fill an unexpired term. He was reappointed on April 22, 1997 for a two year term. He is eligible and would like to be considered for reappointment. The term is for two years ending April 22, 2001. In accordance with Section 33.65 (A) (2) of the City Code, the City Commission appoints two public members of the Board of Trustees. Members need not be residents, property owners or business owners within the city. The appointee must take an oath of office. No additional applications have been received for consideration. 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 Mayor Alperin (Seat #5). Recommend appointment of a member to the Police and Fire Board of Trustees for a two year term ending April 22, 2001. Board99.agenda. memo. police&fire. 4.20.99 03/31/99 WEI,~ 14,:33 FA~ ~61 243 ~]774 ¢I'1~ CL.ERK ~UUl Cl~ OF DEL~Y BEACH BOARD MEMBER APPLICATION - Middic In,al I hemby ~' ~at all ~e abo~ ~t~en= am ~e, and I ag~ and unde~nd that any. mi~tement of matedal ~ ~n~ined in ~ls appli~on may ~use ~~ upon my pa~ of any a~ln~ent Z may ~ive. : · it 310 S.E. '/th Ave. John L. Frysinger Delray Beach, FL 33483 · Certified Mediation Phone: (561) 272-0142 MEDIATION: Completed approximately 250 mediation assig~tments for the 15th Circuit Court District since July, 1996. Assignmenls included Family Court, contract disputes, condominium maners, debtor-creditor disputes, medical dispules, aulo iiabilit3' disputes, and many other ACCOUNTING AND AUDITING: Eight years with Price Waterhous~ and Co. Broad audit and tax work ranging from Fortune $00 ~ompanies to small business enterprises. Work included regular audits, SEC reporting, registration with. SEC of new securities, major m~rge,' and acquisition audits, business valuations, tax returns and cost plus fixed fee work for world wide construction firms. FINANCE: Treasurer and Director of an OTC manufacturing company subsequently sold to Ciba Gicgy. Negotiation and placement of private stock and bond offerings, finance of acquisitions and buyouts with and for major banks, insurance companies and pension funds. Preparation and placemenl of limited pannerships in the oil and gas business and real eslate business. CONSTRUCTION: Managed constru~ion and financing for world known private golf club conununity. For my own account I have rehabilitated 2 office buildings, built 12 sing!e family homes and planed small land developments. CERTIFICATIONS: Florida Supreme Court: Famil): and County Courts Florida Insurance Commission N~ional Association of Security Dealers; NASD South Palm Be~ch County Board of Reahors EDUCATION AND PUBLIC SERVICE: Ohio State University, Bsc. B.A. C~itied Public A~eountant T~: Delray Beam Police and Firemen's Pension Fund FROM: ~ ~/q..~_ U MEMORANDUM TO: ~YOR AND CITY COMMISSIONERS FROM: ~CITY MANAGER SUBJECT: AGENDA ITEM'S- REGULAR MEETING OF APRIL 20, 1999 FUNDING REQUEST/OLYMPIC HEIGHTS PROJECT GRADUATION DATE: APRIL 16, 1999 We have received the attached request from Olympic Heights Community High School for financial assistance with their Project Graduation 1999. Last year the Commission approved an appropriation of $200 for this event at Olympic Heights. Based on the relative number of Delray Beach students at Olympic Heights, I recommend that the Commission approve an appropriation of $250 for the 1999 Project Graduation. Funding is available from 001-1111-511-48-10 (City Commission Special Events). ref:agmemol7 '* ' W'OMEN"5 DZVT.5ZON ,Tewish Federation of South Palm Beach County 9901 Donna Klein Blvd. Boca Rcrton, FL 334~8 (561) 852-3173 Fax (561) 852-3i50 RECEIV~n CI~ UANAGER Pag~ includi~ ~is zoo ~ ~'~&S&,L' ~'90~J:~J'6'l:geJ ~'¥~ 9C: TT 88/'~0/C0 1993 20~01 Lyons B~ Raton, Flod~ 3~ A~ON: R~ie Bim~um Pmje~ Graduation Chai~emon, C~ ~ 1999 SUBJECT: ~i Y~r 1998-99 Sp~ai Event Funding Requ~ De~ Ms. Bim~um: We ~ in ~ipt of your r~u~t ~r ~nding. U~n~ly ~e Ci~'s S~ Event Funding Requ~ pm~ ~r ~1 Year 1998-99 h~ ~r~ b~ ~mple~d. If you ~d ~n~ us again in Mamh of 1999, it Pt~se ~el ~, a~o, to mqu~t ~nding ~e appii~o~ a~ng wi~ ~e required ~p d~m~fion am m~m~ ~ ~e Rnan~ De~ent by ~e end of May. ~e appli~ns subm~ ~mmendafions on ~nding I~els to ~e Ci~ ~ion ~r appeal If you h~e any que~ons ~n~ming ~ p~, p~e ~ ~e Budget Offi~ at 561-2~- 7129. D~id T. Ha~en Ci~ M~ager /sam c~ Regina F~ier, Budget Ad~nis~r THE EFFORT ALWAYS MATTERS 3~TSc[L' I'gO<JZ'~JET9~; Z¥..-[ Of: TT 661g0/c0 [ITY OF DELRIIY BEII[H CITY ATTORNEY'S OFFICE ~°° ~'~TM^~' ~']'^¥ "~'^~"' ~°]'~^ ~"" FACSIMILE 407/278-4755 DFtRAY BFA£H Writer's Direct Line: 561/243-7091 Ali.America City MEMO]~.N~U~ 1993 TO: City Commission I FROM: Brian Shutt, Assistant City Attorney SUBJECT: Temporary Use Agreement with the CRA This Agreement is between the City and the CRA for the use of the CRA's parking lot, as described in Exhibit "A" to the Agreement, for parking purposes in conjunction with the Matchpoint Tennis Tournament occurring between May 1 and May 8, 1999. The City shall not be charged any fee for the use of the parking lot and this Temporary Use Agreement shall expire after May 8, 1999. By copy of this memorandum to David Harden, our office requests that this item be placed on the April 20, 1999 City Commission agenda for approval. cc: David Harden, City Manager Alison MacGregor Harty, City Clerk Robert Barcinski, Assistant City Manager (~ Pnhted on Recycled Paper TEMPORARY USE AGREEMENT THIS AGREEMENT, made and entered into this ,~.r~ day of April, 1999, by and between DELRAY BEACH COMMUNITY REDEVELOPMENT AGENCY, a body politic created pursuant to Florida Statute 163, Part III, hereinafter referred to as "CRA" and the City of Delray Beach, hereinaf~:er referred to as the "Permittee". WITNESSETH: WHEREAS, CRA is the owner of certain real property in the City of Delray Beach, Palm Beach County, Florida, as said property (the "Property") is legally described in Exhibit "A" attached hereto and by reference made a part hereof; and WHEREAS, Permittee has requested the use of the CRA's above-described parking lot for automobile parking purposes to be used for Tennis Center events on a'temporary basis; and WHEREAS, CRA is willing to allow the Permittee to use said area for the purposes hereinafter defined. N OW, THEREFORE, in consideration of the sum of Ten Dollars ($1 (~.00) and other good and valuable considerations, receipt and sufficiency of which is hereby acknowledged, CRA hereby grants to tile Permittee and the Permittee hereby accepts the use of the premises hereinafter defined upon the following terms and conditions: ARTICLE I BASIC PROVISIONS Section 1.01 Premises. The premises subject to this Agreement consists of the paved area as depicted in Exhibit "A" attached hereto and by reference made a part hereof, (the "Premises") except for spaces 13-17, 18, 26, 27, and 82-86 during the period of May 3-7, 1999. Section 1.02 Length of Term and Commencement Date. The Term of this Agreement shall be for a period commencing on the I a day of May, 1999 at 8:00 am (the "Commencement Date") and shall expire on the 8~ day of May, 1999 at 11:59 pm. Section 1.03 Rent. The use of the Premises by the Permittee shall be on a rent-free basis. ARTICLE II CONSTRUCTION OF PREMISES Section 2.01 Acceptance of Premises. The Permittee certifies that it has inspected the Premises and accepts same "as is" in its existing condition as of the Commencement Date of this Agreement, Section 2..02 Alterations. The Permittee shall not make or permit any improvements, additions, modifications or alterations whatsoever to the Premises. ARTICLE III CONDUCT OF BUSINESS AND USE OF PREMISES BY PERMITTEE Section 3.01 Use of Premises. The Permittee shall use the Premises solely and exclusively for automobile parking purposes. Section 3.02 Wast~e or Nuisance. The Permittee shall not commit or suffer to be committed any waste upon the Premises or any nuisance or other act or thing which may result in damage or depreciation of value of the Premises or which may affect CPA's fee interest in the Premises. ~ection 3.0D. Governmental Regulations. The Permittee shall, at the Permittee's sole cost and expense, comply with all ordinances, laws, statutes and regulations promulgated thereunder of ali county, municipal, state, federal and other applicable governmental authorities, now in force, 6r which may hereat~er be in force, pertaining to the Permittee or its use of the Premises. The Permittee shall indemnify, defend and save CRA harmless from any and all penalties, fines, costs, expenses, suits, claims or damages resulting from the Permittee's failure to perform its obligations in this Section. Section 3.04 Surrender of Premises. Upon termination or expiration of this Agreement, the Permittee at its sole cost and expense, shall remove ali of its personal property from the Premises and shall surrender the Premises to CRA in the same condition the Premises were in as of the Commencement Date of this 2 Agreement, reasonable wear and tear excepted. If the Permittee fails to remove any of the personal property from the Premises, then upon expiration of the Term of this Agreement, CRA may remove said personal property from the Premises for which the cost the Permittee shall be responsible and shall pay promptly upon demand. ARTICLE IV REPAIRS AND MAINTENANCE OF PREMISES Section 4.01 ResponsibiliW_ of the Perlnittee. All portions of the Premises shall be kept in good repair and condition by the Permittee. At the end of the Term of this Agreement, the Permittee shall deliver the Premises to CRA ir, good repair and condition as specified herein. Permittee hereby agrees to immediately remove all trash, rubbish, debris, and equipment from the premises upon the termination of the term of their use and to return the premises to the Delray Beach Community Redevelopment Agency in the same manner as it was at the inception of this Agreement. Permittee hereby agrees to replace any vegetation, brick pavers, curbing, asphalt, concrete, and signage which is damaged as a result of Permittee's use of the property. The CRA will notify the Permittee of any damage not repaired or replaced, and Permittee shall pay to the CRA ali expenses incurred by the CRA in repairing and replacing any damaged item on the property. Section 4.02, The Permittee shall provide such evidence of its corporate good standing in existence to the CRA prior to occupancy, as well as a Certificate of Incumbency as to its current Directors and Officers. ARTICLE V INDEMNIFICATION Section 5.01 Indemnification. To the extent permitted by Florida law, the Permittee shall indemnify and save harmless the CRA from and against any and all claims, suits, actions, damages and/or causes of action arising during the Term of this Agreement for any personal injury, loss of life and/or damage to property sustained in or about the Premises by reason or as a result of the use and occupancy of the Premises by the Permittee, its agents, employees, licensees, invitees, and members of the public generally, and from and against any orders, judgements and/or decrees which may be entered 3 thereon, and from and against all costs, attorney fees, expenses and liabilities incurred in and about the defense of any such claim. In the event CRA shall be made a party to any litigation commenced against the Permittee or by the Permittee against any third party, then the Permittee shall protect and hold CRA harmless and pay all costs and attorneys' fees incurred by CRA in connection with such litigation, and any appeals thereof. Nothing contained herein shall be construed as a waiver of sovereign immunity enjoyed by the CRA, as provided in Florida Statute, 768.28 as amended, or any other law providing limitations on claims. ARTICLE VI MISCELLANEOUS Section 6,01 Entire Agreement. This Agreement and any Exhibits attached hereto and forming a part thereof as fully set forth herein, constitute all agreements, conditions and understandings between CRA and the Permittee concerning the Premises. All representations, either oral or written, shall be deemed to be merged into this Agreement. Except as herein otherwise provided, no subsequent alteration, waiver, change or addition to this Agreement shall be binding upon CRA or the Permittee unless reduced to writing and signed by them. Section 6.02 Notices. Any consents, approvals and permissions by CRA shall be effective and valid only if in' writing any notice by either party to the other shall be in writing and shall be deemed to be duly given only if mailed prepaid by certified mail return receipt requested, addressed: (a) If to CRA at: Christopher J. Brown 24 North Swinton Avenue Delray Beach, FL 33444 with a copy to: Robert W. Federspiel, Esq. 501 East Atlantic Avenue Delmy Beach, FL 33483 (b) If to Permittee at: City of Delray Beach 100 NW I" Avenue Delray Beach, FL 33444 4 Section 6.03 Waiver of Jury Trial. The parties hereto waive trial by jury in connection with proceedings or counterclaims brought by either of the parties hereto against the other, in connection with this Agreement. Section 6.04 Governing Law. This Agreement shall be governed by and interpreted according to the laws of the State of Florida and venue shall be in Palm Beach County. Section 6.05 Time of Essence. Time is of the essence with respect to the performance of every provision of this Agreetnent in which time of performance is a factor. Section 6.06 Severabili~. If any term of this Agreement, or the application thereof to any person or circumstance, shall to any extent be invalid or unenforceable, the remainder of this Agreement, or the application of such term to persons or circumstances other than tho'se as to which it is invalid or unenforceable, shall not be affected thereby, and each term of this Agreement, shall be valid and enforceable to the fullest extent permitted by law. IN WITNESS WHEREOF, the parties hereto have duly executed this Agreement as of the day and ),ear first above written. WITNESSES: D ELRA_Y~A C,~'I'I~M UN IT Y ..,~%,...~ Executive Director WITNESS: Permittee: EXHIBIT "A" Block 60 Parking Lots (Maps Attached) · ,· SCALE: I" = 2fl" ' ~%~' 0 50' 75' 100° I I O~SCqPTION: - , LEGEND: r~ s~ E~3"FE~T ~ LO~ ~; ALL ~ LOT 5; ~ LOT ~ · ~ . ~NrERL~ OF REC~D N ~AT BOOK t PAGE 3 OF r~ P~L~ RECOROS ~0 - C~ ~l ~8ER OF PRLU BEA~ CO~TY, FLOR~A, ......................... ;;;; ;; ................................... ~0.0' ~ ~ ~r ~/~' ~ ~ ~ m ~[H mP ~LB 353 ~ , ~ ., ~ ~ ~o' ~sr ~ ~or~ t ~R ~AT BA~ ' ,' ,i ,i , ' ,i ,' " , , : , ~ ~ 19.0 19.0 ,9.0 ~9.0 J9.0 19.0 ,9.0 19.0 9.0 9.0 .~ I ~ ~- '~ 2~ ~ ~j 5~ ~ z ~ ~,~o., ~, , , .... .... L_.z.__:.._I ........ . ~ P~ v~ o ~ i~ I ~~ ~.,. ~~ ~J.r .~. ~ i ~'; ~.~ ~ ~ .... ~'~----:~,' ~ , , ~ r~ ~ .... _~ ~ ~D---~ ~---L~' ~ I ~ ~ ~ ~ ................. ........ ~ ~ ~ . 2~.0 · .I : ~ :~ ..... ~~~ i ~ , . ~ ~ .... -~ ~ ~ ~, ~o i~,~ . I ' 9.2' ~la.o'~l ~ ~ : j SEt ~SOUTHL~OFLpT6 4~4 ~ ~ · ~s~ I' ' ' '/, ' IOI. OU- Il JSJ IL~AvEo'  ~ SEt NA[ ~16 ~LLEY RIGHT OF ~ Y ~LB353 ~ 20.0' * = -~ t ~ ELEVAI~N OF THE LO.ST P~T N ~ PARK~ ~,r~ o~r~ ,~,. BOUNDARY SURVEY BLOCK 60~ PARKING CONDOMINIUA O'BRIE~ SUffER ~ O'8RIE~ 2601 NO~TH Frnr~a~ u,~,,,, .... ", EXHIBIT A SHEET 2 OF' 2 SCALE: l',, 40' O' 40' BO' ~20' '" i' I N. Fi'. tel A VENUE f. N. SlFINTON ,4 VENUE · ~"" MAP OF BOUNDARY SURVEY NO TE$: ~ ,, CENTER41N~ OF' a~Hr or wA r £ OVERHEAD UTR. ITY LINES FLO00 ZONE: X BLOCK 60 PARIENg CONOOI~V~IM FH - FIRE HYORANT L.P. - L IGHI' POL £ CONC ~ CITY COMMISSION CITY OF DELRAY BEACH~ FLORIDA REGULAR MEETING - APRIL 20~ 1999 6: 00 P.M. - COMMISSION CHAMBERS AGENDA ADDENDUM Item 5., A~proval of Minutes, is amended by adding the following: Minutes of the Annual Organization Meeting - March 25, 1999 The Consent Agenda is amended by adding the following: 8.M. Tem~orar~ Use Agreement with the CRA: Approve a temporary use agreement with the Community Redevelopment Agency for the use of the CRA's parking lot located on the east side of N.W. 1st Avenue across from the Community Center, for parking purposes in conjunction with the Matchpoint Tennis Tournament occurring between May 1 and May 8, 1999. 8.N. Worksite A~reement for Summer Youth Employment and Training Pr0~ram: Approve an agreement between the City and the Palm Beach County Workforce Development Board Inc. to allow for job opportunities within various City departments for participants in the Summer Youth Employment and Training program, for the period June 1, 1999 through August 31, 1999. Also, a revised property ownership map relating to Item 9.B., Special Assessment District for N.E. 2nd Avenue Beautification, is provided for your information. The map provided in the agenda packet on Friday is incorrect. 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. ref:addendum MARCH 25~ 1999 ANNUAL ORGANIZATIONAL MEETING DELRAY BEACH CITY COMMISSION (1) The annual organizational meeting of the City Commission of the City of Delray Beach, Florida, was called to order by Vice- Mayor Kenneth C. Ellingsworth in the Commission Chambers at City Hall at 6:00 p.m. on Thursday, March 25, 1999. Roll call showed: Commissioner Patricia Archer Commissioner David Randolph Commissioner David $chmidt Vice-Mayor Kenneth C. Ellingsworth (2) The Pledge of Allegiance to the Flag was given. (3) Presentation of statements, if desired, by Commission The City Attorney stated that she has enjoyed serving with Vice-Mayor Ellingsworth during his tenure on the City Commission and will miss him very, very much. Commissioner Schmidt stated that it has been a real pleasure working with Mr. Ellingsworth. Vice-Mayor Ellingsworth expressed his thanks and appreciation to the City staff for the opportunity to have worked with them and for the fine job they do for the City of Delray Beach. (4) Adjournment of extant Commission. Vice-Mayor Ellingsworth declared the adjournment of the extant City Commission at 6:03 p.m. (5) The City Clerk administered the oath of office to Commissioner Patricia Archer, Commissioner David Schmidt, and Commissioner Michael Wright. (6) Roll call showed: Commissioner Patricia Archer Commissioner David Randolph Commissioner Michael Wright Deputy Vice-Mayor David Schmidt (7) Selection of Vice-Mayor (for the te~n March 25, 1999 through March 30, 2000). Mrs. Archer moved to nominate Deputy Vice-Mayor David Schmidt to serve as Vice-Mayor of the City of Delray Beach for the term March 25, 1999 through March 30, 2000. The motion was seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Deputy Vice-Mayor Schmidt - Yes; Mrs. Archer - Yes; Mr. Wright - Yes; Mr. Randolph - Yes. Said motion passed with a 4 to 0 vote. (8) Selection of Deputy Vice-Mayor (for the term March 25, 1999 through March 30, 2000). Mr. Randolph moved to nominate Commissioner Patricia Archer to seTve as Deputy Vice-Mayor of the City of Delray Beach for the term March 25, 1999 through March 30, 2000. The motion was seconded by Mr. Wright. Upon roll call the Commission voted as follows: Mrs. Archer - Yes; Mr. Wright - Yes; Mr. Randolph - Yes; Vice-Mayor Schmidt - Yes. Said motion passed with a 4 to 0 vote. (9) Review and acceptance of regularly scheduled City Commission meeting dates for the period April 1999 through March 2000. Mrs. Archer moved to approve the regularly scheduled City Commission meeting dates as presented for the period April 1999 through March 2000, with the proviso that the date for the municipal election may be moved up one week (from March 14th to March. 7, 2000) to coincide with the Presidential Preference Primary. The motion was seconded by Mr. Wright. Upon roll call the Commission voted as follows: Mr. Wright - Yes; Mr. Randolph - Yes; Vice-Mayor Schmidt - Yes; Mrs. Archer - Yes. Said motion passed with a 4 to 0 vote. (10) Establish date for 1999 Goal Setting session. The City Manager stated that Thursday, April 8, 1999, is the tentative date for the 1999 goal setting session. If this is acceptable to the City Commission, formal approval is requested so that final arrangements can be made. Mr. Randolph moved to approve the date of April 8, 1999, for the 1999 City Commission goal setting session. The motion was seconded by Mrs. Archer. Upon roll call the Commission 03/25/99 2 voted as follows: Mr. Randolph - Yes; Vice-Mayor Schmidt - Yes; Mrs. Archer - Yes; Mr. Wright - Yes. Said motion passed with a 4 to 0 vote. (11) Review and adoption of Rules of Procedure - Delray Beach City Com~ssion (Local Rules). Mrs. Archer moved to adopt the Rules of Procedure as submitted. The motion was seconded by Mr. Randolph. Upon roll call the Commission voted as follows: Vice-Mayor Schmidt - Yes; Mrs. Archer - Yes; Mr. Wright - Yes; Mr. Randolph - Yes. Said motion passed with a 4 to 0 vote. (12) Review of City Commission liaison appointments to various advisory boards and outside agencies. Vice-Mayor Schmidt reviewed the following liaison assignments: ** Mr. Schmidt will continue to serve as liaison to the Downtown Development Authority; ** Former Mayor Tom Lynch will continue to serve as Commission appointee to the General Employees Retirement Committee; ** Mrs. Archer will continue to serve as liaison to the Parking Management Advisory Board; ** Mayor Alperin is a sitting member on the Police & Fire Board of Trustees; ** The City Manager will continue to serve as the City's representative to the Palm Beach County League of Cities; ** Paul Dorling, Principal Planner, will continue to serve as the City's representative to the Palm Beach County Beaches and Shores Council; ** As far as the City's representative to the Metropolitan Planning Organization, Vice-Mayor Schmidt made special mention of the fact that Commissioner Ellingsworth had served in this capacity during his tenure on the Commission and did a wonderful job, being largely responsible for the City receiving close to one million dollars in road improvement and 03/25/99 3 beautification funds. Mr. Wright stated he would be willing to serve as the City's representative to the Metropolitan Planning Organization. Mr. Randolph so moved, seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Mrs. Archer - Yes; Mr. Wright - Yes; Mr. Randolph - Yes; Vice-Mayor Schmidt - Yes. Said motion passed with a 4 to 0 vote. Mr. Randolph will continue to serve as the alternate representative to the Metropolitan Planning Organization. Lastly, Mayor Alperin will continue to serve as liaison to State Representative William F. Andrews, District 87, and as the official representative to the Intergovernmental Coordination Issues Forum. For clarification, the City Manager asked if Commissioner Randolph wished to continue serving as the alternate representative to the Palm Beach County League of Cities? Mr. Randolph stated he would continue to serve in this capacity. (13) Presentation of statements, if desired, by Commission m~mbers. Mr. Wright thanked everyone for their help during the election process. He thanked his family for their support, and also thanked Barbara Brown for the grace and dignity with which she accepted the results of this extremely close election. Mr. Randolph reiterated his thanks and appreciation to outgoing Commissioner Ken Ellingsworth. It was a real pleasure to serve with him over the years. Mr. Randolph stated this has been ~ very solid Commission since 1990 that has worked hard for the betterment of the community. In welcoming the new members to the Commission, he hopes to see it remain that way as he moves into his last year of service. The City still has its problems, but they are acknowledged and are being worked on. With the grace of God, everything will be all right. Mrs. Archer thanked everyone who voted for her and who assisted with the election. She is very pleased to have the confidence of the voters and to have had such a wonderful turnout at the polls. Mrs. Archer also thanked Commissioner 03/25/99 4 Ellingsworth for the opportunity to have served with him for just these few months and for everything he has done for her. Vice-Mayor Schmidt stated he has really enjoyed serving on the Commission the last two years and is looking forward to the future. He thanked his wife, Jennifer, for her support. There being no further comments or business, Vice-Mayor Schmidt declared the meeting adjourned at 6:15 p.m. City Clerk ATTEST: MAYOR The uhdersigned is the City Clerk of the City of Delray Beach, Florida, and the information provided herein is the minutes of the annual organizational meeting of said City Commission held on March 25, 1999, which minutes were formally approved and adopted by the City Commission on City Clerk NOTE TO READER: If the minutes you have received are not completed as indicated above, this means they are not the official minutes of the City Commission. They will become the official minutes only after review and approval which may involve some amendments, additions or deletions. 03/25/99 5 [IT¥ DF I]ELRI3¥ BERgH CITY ATTORNEY'S OFFICE ~oo ~w ]~ ^v~. ~.],^¥ .~^~.. ~.o,~,, ~.~ FACSIMILE 407/278-4755 DELRAY BEACH Writer's Direct Line: 561/243-7091 Ali.America City MEMORANDUM ll~ij,®llll~ DATE: April 19, 1999 1993 TO: City Commission ~ FROM: Brian Shun, Assistant City Attorney SUBJECT: Temporary Use Agreement with the CRA This Agreement is between the City and the CRA for the use of the CRA's parking lot, as described in Exhibit "A" to the Agreement, for parking purposes in conjunction with the Matchpoint Tennis Tournament occurring between May 1 and May 8, 1999. The City shall not be charged any fee for the use of the parking lot and this Temporary Use Agreement shall expire after May 8, 1999. By copy of this memorandum to David Harden, our office requests that this item be placed on the April 20, 1999 City Commission agenda for approval. cc: David Harden, City Manager Alison MacGregor Harty, City Clerk Robert Barcinski, Assistant City Manager (~ Printed on Recycled Paper · TEMPORARY USE AGR~EMI~NT THIS AGREEMENT, made and entered into this ~'~ day of April, 1999, by and between DELRAY BEACH COMMUNITY REDEVELOPMENT AGENCY, a body politic created pursuant to Florida Statute 163, Part III, hereinafter referred to as "CRA" and the City of Delray Beach, hereina~er referred to as the "Permittee". WITNESSETH: WHEREAS, CRA is the owner of certain real property in the City of Delray Beach, Palm Beach County, Florida, as said proper'od (the "Property") is legally described in Exhibit "A" attached hereto and by reference made a part hereof; and WHEREAS, Pcrmittee has requested the use of the CRA's above-described parking lot for automobile parking purposes to be used for Tennis Center events on a'iemporas~ basis; and WHEREAS, CRA is willing to allow the Permittee to use said area for the purposes hereinafter defined. NOW, THEREFORE, in consideration of the sum often Dollars ($10.00) and other good and valuable considerations, receipt and sufficiency of which is hereby acknowledged, CRA hereby grants to the Permittee and the Permittee hereby accepts the use of the premises hereinafter defined upon the following terms and conditions: ARTICLE I BASIC PROVISIONS Section 1.0! Premises. The premises subject to this Agreement consists of the paved area as depicted in Exhibit "A" attached hereto and by reference made a part hereof, (the "Premises") except for spaces 13-17, 18, 26, 27, and 82-86 during the period of May 3-7, 1999. Section 1.02 Length of Term and Commencement Date. The Term of this Agreement shall be for a period commencing on the I day of May, 1999 at g:00 am (the "Commencement Date") and shall expire on the 8* day of May, 1999 at 11:59 pm. Section 1.0) Rent. The use of the Premises by the Permittee shall be on a rent-free basis. ARTICLE II CONSTRUCTION OF PREMISES Section 2.01 Acceot.ance of premises. The Permittee certifies that it has inspected the Premises and accepts same "as is" in its existing condition as of the Commencement Date of this Agreement. ~ection 2.02 AItcratiQns. The Permittee shall not make or permit any improvements, additions, modifications or alterations whatsoever to the Premises. ARTICLE I!! CONDUCT OF BUSINESS AND USE OF PREMISES BY PERMITTEE Section 3.01 Use of Premises. The Permittee shall use the Premises solely and exclusively for automobile parking purposes. Section 3.02 Waste or Nuisance. The Permittee shall not commit or suffer to be committed any waste upon the Premises or any nuisance or other act or thing which may result in damage or depreciation of value of the Premises or which may affect CPA's fee interest in the Premises. Section 3.03_ Governmental Regulations. The Permittee shall, at the Permittee's sole cost and expense, comply with ali ordinances, laws, statutes and regulations promulgated thereunder of all county, municipal, state, federal and other applicable governmental authorities, now in force, 6r which may hereafter be in force, pertaining to the Permittee or its use of the Premises. The Permittee shall indenmi~, defend and save CPA harmless from any and all penalties, fines, costs, expenses, suits, claims or damages resulting from the Permittee's failure to perform its obligations in this Section. Section 3.04 Surrender of Premises. Upon termination or expiration of this Agreement, the Permittee at its sole cost and expense, shall remove all of its personal property from the Premises and shall surrender the Premises to CRA in the same condition the Premises were in as of the Commencement Date of this 2 Agreement, reasonable wear and tear excepted. If the Permittee fails to remove any of the personal property from the Premises, then upon expiration of the Term of this Agreement, CRA may remove said personal property from the Premises for which the cost the Permittee shall be responsible and shall pay promptly upon demand. ARTICLE IV REPAIRS AND MAINTENANCE OF PREMISES Sectio~ 4.01 Responsibility of the Permittee. All portions of the Premises shall be kept in good repair and condition by the Permittee. At the end of the Term of this Agreement, the Permittee shall deliver the Premises to CRA ir, good repair and condition as specified herein. Permittee hereby agrees to immediately remove all trash, rubbish, debris, and equipment from the premises upon the termination of the term of their use and to return the premises to the Delray Beach Community Redevelopment Agency in the same manner as it was at the inception of this Agreement. Permittee hereby agrees to replace any vegetation, brick pavers, curbing, asphalt, concrete, and signage which is damaged as a result of Permittee's use of the property. The CRA will notify the Permittee of any damage not repaired or replaced, and Permittee shall pay to the CRA all expenses incurred by the CRA in repairing and replacing any damaged item on the property. Section 4,.0.2. The Permittee shall provide such evidence of its corporate good standing in existence to the CRA prior to occupancy, as well as a Certificate of Incumbency as to its current Directors and Officers. ARTICLE V INDEMNIFICATION Section 5.0 ! Indemnification. To the extent permitted by Florida law, the Permittee shall indemnify and save harmless the CRA from and against any and all claims, suits, actions, damages and/or causes of action arising during the Term of this Agreement for any personal injury, loss of life and/or damage to property sustained in or about the Premises by reason or as a result of the use and occupancy of the Premises by the Permittee, its agents, employees, licensees, invitees, and members of the public generally, and from and against any orders, judgements and/or decrees which may be entered 3 thereon, and from and against all costs, attorney fees, expenses and liabilities incurred in and about the defense ofany such claim. In the event CRA shall be made a party to any litigation commenced against the Permittee or by the Permittee against any third party, then the Permittee shall protect and hold CRA harmless and pay all costs and attorneys' fees incurred by CRA in connection with such litigation, and any appeals thereof. Nothing contained herein shall be construed as a waiver of sovereign immunity enjoyed by the CRA, as provided in Florida Statutes 768.28 as amended, or any other law providing limitations on claims. ARTICLE VI MISCELLANEOUS Section 6.01 Entire: Agreement. This Agreement and any Exhibits attached hereto and forming a part thereof as fully set fortt~ herein, constitute all agreements, conditions and understandings between CRA and the Permittee concerning the Premises. All representations, either oral or written, shall be deemed to be merged into this Agreement. Except as herein otherwise provided, no subsequent alteration, waiver, change or addition to this Agreement shall be binding upon CRA or the Permittee unless reduced to writing and signed by them. Section 6.02 Notices. Any consents, approvals and permissions by CRA shall be effective and valid only if in. writing any notice by either party to the other shall be in writing and shall be deemed to be duly given only if mailed prepaid by certified mail return receipt requested, addressed: (a) If to CRA at: Christopher J, Brown 24 North Swinton Avenue Delray Beach, FL 33444 with a copy to: Robert W. Federspiel, Esq. 501 East Atlantic Avenue Deiray Beach, FL 33483 (b) If to Permittee at: City of Delray Beach 100 NW 1~ Avenue Delray Beach, FL 33444 4 . Section 6.03 Waiver of Jury Trial. The parties hereto waive trial by jury in connection with proceedings or counterclaims brought by either of the parties hereto against the other, in connection with this Agreement. Section 6.04 Oovemimz Law. This Agreement shall be governed by and interpreled according to the laws of the State of Florida and venue shall be in Palm Beach County. Section 6.05 Time of Essence. Time is of the essence with respect to the performance of every provision of this Agreement in which time of performance is a factor. Section 6.06 Severabilitv. If any term of this Agreement, or the application thereof to any person or circumstance, shall to any extent be invalid or unenforceable, the remainder of this Agreement, or the application of such term to persons or circumstances other than tho'se as to which it is invalid or unenforceable, shall not be affected thereby, and each term of this Agreement, shall be valid and enforceable to the fullest extent permitted by law. IN WITNESS WHEREOF, the parties hereto have duly executed this Agreement as of the day and year first above written. w TN .ss s: DEL ¥/ CJraO M TV WITNESS: Permittee: EXHIBIT "A" Block 60 Parking Lots (Maps Attached) · '* SCALE: 1' = 25' 0 50' 75' iO0' t o~s~,rm~.j LEGEND: r~ soum ~j*'~r ~ ~or e ~ ~ ~or ~; ~ Lot ~ · REC~O ~ PLAt BOOK [ PAGE 3 ~ r~ ~Lg RECTOS ~0 - C~ ~T ~BER ~ PALU ~ C~TY, rLO~A. U[60' .................................... ~o.0' ~ ~ I m ~TH .~ C~ ~L,353"0""~ ~~ 15 I. 60' ~ ~) : PAVEO ~ 24.~' ~.~' ~ Pa VEO , ~ ~ ~,~,~ ~ ,o,, 151. 60' ~,~o. ' ALLEY R~HT OF WAY- 1LB353 ~ 20.0' ~ : ~1 [ ~ ELEVAT~N ~ ~ to~sr P~r ~ ~ PARK~G ~[ ~ tatr P~S ~t' m~ ~. BOUNDARY SURVEY ~' BLOCK 60~ PARK/NC CONOO~INIU~ ~ I ~BY CL~T~Y r~r ~ ~Y ~4S ~ ~R MY RE~E ~AR6~ ] ~0~0 ~ PR~ESS~L S~Y~S ~ M~R$ W C~PTER 6~17-6, FLORA A~S~iTAT~ C~, P~SU~T TO ~CT~ ~72.027, FL~OA STATUTES. ' [ ~ ~ OAT~: AUGUST 29, ,995 ~ 'g ..... ~~l 260~ NORTH rrnro., u,. ........ ° ' SHEEr ,~ OF' 2 SCALE: I'- 40' O' 40' 80' I~0 .... '-'- N. SWlNTON AVENUE ' ""' MAP OF BOUNOARY SURVEY NO rES: - CENTERI. IVE OF RIGHT OF WAY , · OVERHEAD UTILITY LINES ~oo~ zo~.: x BLOCK 60 PARKING F'H ~. ~'IRE HYDRANT L.P. ~ L~HT POLE ~ ~ ~ ~ ~ ~ LR. - 5/8' WON ROD .TH CAP ,LB 3,3 CONC - CO~RETE [lTV DF DELRI:I¥ BEI:IgH CITY ATTORNEY'S OFFICE TM DELRAY BEACH Writer's Direct Line: 561/243-7091 · ~l~ City MEMO~NDUM 'llll'llll DATE: April 19, 1999 ~ TO: Ci~ Co~ission ~' FROM: Bfi~ Shu~, Assis~ Ci~ A~omey S~JECT: Work Experience Project Agreemem T~s Agreemem, be~een the City ~d Palm Beach Cowry Workforce Development Board Inc., shall provide job oppo~ties for you~ that will f~iliarize ~em with the job market by affording the pa~icip~ts trai~ng ~d job seeing s~lls. This progr~, as outlined below, will provide me~ng~l emplo~em experiences with a t~gible outcome which ~11 be beneficial to the Ci~ ~d to the p~icip~ts. Progr~ duration - June 1, 1999 ~ough August 31, 1999 Pa~icipate ages: eighteen years of age or older Work week: 40 hours Hourly rate to be paid by ~e Palm Beach Co~ Workforce Developmem Board Residency: Palm Beach Co~ residems only Pre-screening and selection: Pre-scree~ng and selection will be conducted by ~e Palm Beach Cowry Workforce Developmem Bo~d · Eligibility requirements checked by the Palm Beach Co~ Workforce Development Board · ~ticipate utilizing the pa~icip~ts in clerical, recreation, m~men~ce and other related positions placemem wi~n Ci~ depa~ems ~11 be based upon depa~men~l requests By copy of this memor~d~ to David Harden, our o~ce requests ~at ~s item be placed on the April 20, 1999 Ci~ Co~ission agenda for approval. Ple~e call if you have ~y questions. cc: David Harden, CiW M~ager Alison MacGregor Ha~, City Clerk Ned Gus~, H~ Resources Director Prmted on Recycled Paper AGREEMENT NUMBER: EMPLOYER WORKSITE AGREEMENT FOR WORK EXPERIENCE SUMMER YOUTH EMPLOYMENT AND TRAINING PROGRAM This agreement is made for the Work Experience Project under Title liB of the Job Training Partnership Act (the Workforce Development Board) of 600 S. Dixie Highway, West Palm Beach, Florida 33401. Telephone number (561) 659-5213. Hereafter referred to as the "Youth Services" Program. 1. Employer: 2. Address: 3. FEIN NO: (Federal Employer Identification Number) 4. Description of Organization: I. TERM The term of this agreement shall be from June 1,1999 through August 31,1999; provided that the Workforce Development Board may earlier terminate this Agreement by so notifying the Employer in writing. The starting and ending date of the Work experience component will vary depending on the youth, but will not exceed 7 weeks in duration. II. EMPLOYER REPRESENTATIONS The Employer represents that (1) it is a private non-profit or public non- profit corporation and (2) is capable of providing the Work Experience in accordance with the terms of this Agreement. III. SERVICES TO BE PROVIDED The Employer shall provide Work Experience in accordance with the terms and conditions of this Agreement, in the numbers and for the occupations described in the Work Experience Job Order (Attachment 1) and Work Plan (Attachment 2), Inclement Weather Plan (Attachment 3), and Child Labor Laws (Attachment 4), attached hereto and incorporated herein. At a subsequent date the Worksite Supervisor's Manual will be provided and become a part of the Worksite Agreement. The Employer will retain a copy of this Agreement at each worksite. A. Referral and Selection 1. The Workforce Development Board shall refer to the Employer for each position, one or more individuals, JTPA certified as eligible for participation, if available, throughout the term of this agreement, in order to assure to the greatest extent possible the filling of all positions. 2. The Workforce Development Board shall only refer Participants who are certified as JTPA eligible, between the ages of 14 and 21 and who meet the employer's criteria as specified in the Work Experience Job Order (Attachment 1) and Work Plan (Attachment 2). B. Employment 1. Each Participant shall be provided a meaningful employment experience, with a tangible outcome and benefits to the employer, the community, and the Participant, and as specified in the Work Experience Job Order (Attachment 1) and Work Plan (Attachment 2). 2.' Employment shall be conducted at worksites designated on the attached Work Experience Job Order (Attachment 1). 3.' Employers shall ensure that Participants are provided adequate equipment including any required safety equipment and supplies for their assigned work. Participants will be supervised at all times by the designated Supervisor or Alternate Supervisor. 4. Youth participating in Youth Services shall be scheduled to work a specific, maximum number of hours per week in accordance with the specific program restrictions and the Work Experience Job Order (Attachment 1) and Work Plan (Attachment 2), and shall not be permitted to work in excess of a total of 280 hours or 7 weeks of 40 hours a week during the term of this agreement. Some Participants may be required to work less time due to their concurrent enrollment in other Workforce Development Board Programs. 5. All employment and training activities hereunder shall be conducted in accordance with the Statement of Assurance and Certifications set forth herein and with applicable law, including Child Labor Laws (Attachment 4). C. Training The Employer shall provide each Participant with meaningful, well-supervised job training consistent with the duties and responsibilities of the job position and designed to ensure successful attainment of entry level skills and work habits required of such positions or occupation as set forth in the Work Experience Job Order (Attachment 1) and Work Plan (Attachment 2). 2. Such training shall include an orientation to the organization and work station, including but not limited to the Employer's policies and procedures, work schedules, and break schedules. D. Supervision 1. Employment and training hereunder shall be provided through the Employer's qualified supervisors, who shall be: (1) regular employees of the Employer, (2) experienced in the work to be performed by each Participant supervised, (3) determined by the Employer to be appropriate to supervise such Participants, and who have (4) successfully completed a Workforce Development Board sponsored "VVorksite Supervisor's Workshop/Orientation". The Employer shall provide to the WDB, prior to the Participant's first day on the job, a written list of qualified supervisors and back-up supervisors for each worksite. 2. The Workforce Development Board will provide assistance to the Employer in developing worksite parameters. The Employer will provide a supervisor for each worksite who will be responsible for assigning daily duties and signing and submitting timesheets. 3. The Workforce Development Board shall make appropriate arrangements for the orientation and instruction of supervisors, utilizing the Worksite Supervisor's Manual to be provided by the Workforce Development Board. Orientation may be conducted individually if a group setting is not feasible. Attendance at the orientation of all designated supervisors shall be documented by means of a sign-in log maintained by WDB staff. Employers, the Employer's Supervisors, and Participants shall be provided with a manual outlining the policies and procedures to be followed during the program by the Employers, Supervisors, and Participants. Delivery of this Orientation Manual shall be documented by signature of recipient upon written receipt maintained by VVDB staff. 4. The Workforce Development Board shall assign, and notify by written notice to the Participant and Employer, a Summer Youth Counselor to each Participant in a work experience employment position who shall be the liaison person between the Employer, Workforce Development Board, and the Participant to handle any and all questions, arrangements, difficulties, or disciplinary actions regarding the participant. 5. The Employer shall have the right to take disciplinary action, suspend, or disengage any Participant assigned under the terms of this Agreement in accordance with the regular written personnel policies and practices of the Employer. The Employer shall endeavor to notify the VVorkforce Development Board Counselor prior to any such disciplinary action, and where feasible participate with the Board Counselor in an intervention, prior to termination or dismissal. The Employer must immediately notify the Workforce Development Board Youth Counselor and follow up in writing of any termination and the reason for such termination. IV. COMPENSATION A. The Workforce Development Board shall compensate each Participant at a rate of $5.75/hour for hours worked during each two week pay period, upon receipt of proper documentation from the employer as specified below. In no event shall JTPA funds be used to compensate a Participant for hours in excess of those contractually agreed. B. The Workforce Development Board shall provide workers compensation coverage and make applicable FICA and federal income tax withholding payments for all participants engaged in Work Experience under this Agreement. V. TIME AND ATTENDANCE RECORD KEEPING A. The Employer shall keep accurate time and attendance records daily for each Participant, employing the Time and Attendance Record (that will be included in the Worksite Supervisor's Manual) provided by the Workforce Development Board via the Summer Youth Counselor. B. The Employer certifies that: (1) it will only record actual hours worked by Participant, (2) it will require each Participant to sign in and out daily, employing the Time and Attendance Record, (3) it will not permit Participants to simultaneously sign in and sign out and (4) not sign any time sheet prior to the end of the pay period or prior ton the participants signature. C. No Time and Attendance Record shall be submitted by the Employer to the Workforce Development Board for any individual who has not been referred and certified as eligible for participation hereunder by the Workforce Development Board, and the Employer shall bear full responsibility for payment for any hours worked by any such individual. VI. EVALUATIONS AND MONITORING The Employer shall fully cooperate in the evaluation and monitoring of activities under this Agreement by the Workforce Development Board, the State of Florida Department of Labor and Employment Security, the U.S. Department of Labor, and any other unit of local, state or federal government. VII. ASSURANCES AND CERTIFICATIONS The Employer assures and certifies that it shall comply with provisions of the Job Training Partnership Act (P. L. 97-300) (the "Act"), regulations and policies as may be amended from time to time, and with applicable laws 16. The Worksite Employer certifies that, in all activities in the performance of work done in connection with JTPA funding, its employees under this Agreement are not engaging in the unlawful manufacture, distribution, dispensing, possession or use of a controlled substance, and that all activities under this agreement shall be provided in a drug-free workplace in accordance with the Drug-Free Workplace Act of 1988 and the regulations promulgated thereto. This Agreement shall be in compliance with the JTPA and any federal regulations thereto, and shall be subject to funding availability. This Agreement supersedes any and all prior oral and written agreements. IN WITNESS WHEREOF, the Workforce Development Board and the employer have caused this Agreement to be duly executed as of the last date set forth below. EMPLOYER PALM BEACH COUNTY WORKFORCE DEVELOPMENT BOARD INC. Authorized Signature Authorized Signature Name (typed) Name (typed) Title Title Witness Witness Date Date MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER t~J~ SUBJECT: AGENDA ITEM 9.B. - REGULAR MEETING OF APRIL 20, 1999 REVISED PROPERTY OWNERSHIP MAP/N.E. 2ND AVENUE DATE: APRIL 19, 1999 Attached is a revised map which indicates the correct ownership for those properties lying on either side of N.E. 2nd Avenue from Atlantic Avenue north to the first alley intersection. This is the segment proposed for beautification improvements through the establishment of a special assessment district. The difference between this map and the one sent out with the agenda packet is that the first map shows the parcel of land at the northeast corner of Atlantic Avenue and N.E. 2nd Avenue entirely under the ownership of Leviathan Property. When staff prepared the map last Friday, we used the information available from the Palm Beach County property records. However, in later checking with Mr. Cohen, we found that the northwesternmost piece is not under Leviathan's ownership but rather that of Mr. Santano as shown on the revised map. Apparently, Mr. Cohen and Leviathan are having some difficulty straightening this matter out with the County. N.E. 1 ST AVENUE 14-0' .40' 259' : -4~' ~" A ~NUE IN ~S TMEN T L TO (Bob & Betty Beaver) 12-43-46-16-01-076-0170 / ~ RAILROAD AVE~.~, FLORIDA EAST COAST RAI[ROAD~ Agenda Item No: AGENDA REQUEST Request to be placed on: x Regular Agenda Special Agenda Workshop Agenda When: April 20, 1999 Description of agenda item (who, what, where, how much): City Commission is requested to ratify a bid award to Regency Party Rentals, Inc. in the amount of $25,000 for 10,000 square feet of portafloor under provisions of City Code Chapter 36.08. Funding is available in account number 334-4145-572-63.90 Other Improvement s. ORDINANCE/RESOLUTION REQUIRED YES/NO Draft Attached: YES/NO Recommendation: Appr oval. Determination of consistency with Comprehefis~lan: City Attorney Review/Recommendation (if applicable): Budget Director Review (required on all items mvol~ing expenditure of fund ): Funding Availabl{: YES, NO Funding alternative .~g7~ (if applicable) Account No. & Description: Account Balance: City Manager Review: Approved for agenda: YES/NO Hold until: Agenda Coordinator Review: Received: Action: Approved/Disapproved £1TY DELAI Y BEA£H DELRAY BEACH ~ 100 N.W. 1st AVENUE · DELRAY BEACH, FLORIDA 33444 · 561/243-7000 TO: David T. Harden 1993 City Manager FROM: Robert A. Barcinski ~ Assistant City Manager DATE: April 16, 1999 SUBJECT: AGENDA ITEM CITY COMMISSION MEETING APRIL 20, 1999 BID AWARD ACTION City Commission is requested to ratify a bid award to Regency Party Rentals, Inc. in the amount of $25,000 for 10,000 square feet of portafloor under provisions of City Code Chapter 36.08. Funding is available in account number 334-4145-572-63.90 Other Improvements. BACKGROUND Every time we have a non-tennis event in the tennis stadium, as well as when concessionaires and VIP tents are put on the courts east of the tennis clubhouse, plywood has to be set down, as well as plastic to protect the courts. City labor is used for this installation. For the last concert we determined that for safety reasons we need to replace the plywood we have. It is rotten and warped. We were able to get by with the plywodd we have for the concert because of sand that was put on top of it. We are required to cover the area on the tennis courts east of the stadium for concessions and the VIP tent for the Citrix Tournament. The cost of plywood alone for this area, 7,200 square feet (225 sheets), is $5,769. Additional plywood 2,800 square feet (88 sheets) at a cost of $2,257 is needed to cover the stadium court. In addition, the indoor/outdoor carpet that covers the plywood, needs to be replaced and is estimated to be $2,500 for inexpensive carpet. Based on past experience the plywood is being replaced every 4-5 years. Labor costs to install and remove the plywood floor and carpet are estimated, based on past experience, to be $2,905 (210 hours x $13.83 per hour). Per the manufacturers specifications the flooring we are proposing to purchase could be installed and removed by 12 men in about 2.5 hours (30 hours x $13.83 per hour = $415). If we did four (4) events per year, labor savings alone would be $9,960. We estimate that the proposed new flooring would pay for itself in 2.07 years based on four (4) events per year (see attached analysis). THE EFFORT ALWAYS MATTERS 9. ,~- Printed ott Recycled Paper Agenda Item April 20, 1999 Bid Award Page #2 April 16, 1999 Staff feels that we would be wasting dollars now if we bought new plywood, considering the pay back time. Mr. Dubin recommended that we purchase the floor last year. This item is programmed in the FY 99-00 Capital Improvement Budget at $35,000. The proposed portafloor can be placed on clay, grass and hard surfaces without damaging the surface. It is lightweight, thus less strain on employees. Each tread is 12.25" x 3.35", if one gets broken you are only buying one small piece. Because of the interlocking nature of the product, the flooring can easily be configured for different uses, not like plywood which is 4'x8' per sheet. This flooring could also be rented or loaned out for other City or non-City uses at locations other than tennis stadiums. Specifications for the portafloor, as well as quotes, are attached. Due to the lead time for delivery and immediate need for the Citrix Tennis Tournament, a verbal commitment was given to the vendor, and the flooring is scheduled to be delivered Friday, 04/23/99. RECOMMENDATION Staff recommends ratification of a bid award to Regency Party Rentals, Inc. in the amount of $25,000 for 10,000 square feet of portafloor under the provisions of City Code Section 36.08. Funding is available from account number 334-4145-572-63.90 Other Improvements. RABAas Attachments cc: Brahm Dubin Joe Safford File:u:$weeney/agenda Doc:O41699a. doc PA Y BACK ANAL YSIS PORTAFL OOR Plywood and carpet $8,000 + 2,500 = $10,500 + 5 years = $2,100 per year $2,100 per year cost carpet/plywood +$9,960 labor cost savings per year installation (4 events) ($2,905 - 415 = $2.490 x 4 = $9.960) $12,060 per year $25.000 .Dortafloor = 2.07 years pay back $12,060 per year labor costs APR-- I 6--99 ~R I 2 : 4 ? PRIORITY PARTY RENTALS AND PRODUCTIONS, INC, ~15 Nodon Ave, · West Palm ~c~ L ,~~.' ~~,~-.-...~ .'. . .... ~ ~ ~ ~ P~T¢ WPE ~E~ PR~FEO BY ~ P~ " ~ COD CAL~ ........ CELI~RED BY "' ORDER~'~ ' ' ~ CNG M~, BY ~ i ,,, CUPS & SAUCERS DIN~ER FOR~ ,, ~ , ' .... S~E~ERT FORKS/ HI 'C~P~NE G~ 722- Portafloor' systems are the ideal, versatile, roll-out solution for immediately ....... ~ ..... converting your outdoor or indoor facility to stage any event...any time...on most ~o,~,~,=.~,.,o~.,,~, any su~ace...in any ,~,~.0,~-,,,,0, ..... env ronment...quic ~~ ,. A Unique p0n~f~ ~S ~OfO for ~tr ,gOO .nr~llod. W~h I  in~rlo~ing ~s~fl ~a~ can ~.lrs, w~o~l~ Cd~S ,nd propo~tion ~s mqulr~ fQ~ i~icionI, laving time ~nd ~ ,',',~: , .,')' .',~ ~'L-~:=, ,, I~ unique modular dc. NOn ~ ~ u~od to cover ~,d .r~ ex~ri~nCe, but  ~ f~t tO ~ qui~lV I~ easy minimal ~t in= ItW ~ s.ndur~ 45' ~ucK ~ ': .,' :.~" ~; oar to ~el~ ero~s lu~cos, moro revenue f~ III __ , . ,! ,,laterlals: P01ypr0pylene- Specific g~ade matenals for high impac, and resiliency, N0n-~m~eable. 7em~ra~: 400 F t0150~ F u~ range, Xj~ r~d Sim Unassembl~- each m~is 1225" 10ng: 3,35" ~4de; .6~' high. These connect lengthMse ~d widthwise m fora ~gmentg of any size. 36 assembled ~eads = 10 qa~llzed: Ag~st color f~jn8 o~ d~fioration for five (5) years, ~L R~fia$: U~ ~4 Hb Me~i~ Point: 324~ F (1 fi2* Ce~x[tsrade) . On fim~ soil subsmfac~ ~ilhout damage. .Tog~the 5torqe: May ~ stored in sized rolL~, or i~ fl:,t sections, May ~ Pops Stor~ iad~ or out~id* 0arpaulinc cover ~ r~xom,ncnd- ~-- in a 40' container. A l ffi sq/ft roll may b, Sto~ed up~Sght ~ UPCC~e: 7 5374616167 I (Bar C~lc) A~i~b~ ~ro~h G$A C~O~: G~IF.7~ : ~~ ~" x 48~ p~ger, m flat s~6t,, eeeh 4' wide ~pm~on~tlve ~ ~h2ct~. ~ven G) ~ ten'(lu)aa),s ov~ grass x 80" tong ~J ~c~e 6f J(s ~Oi~t~ ~nm~ 'ca~' Tcrms, ~0 ~'~ic~.b~s ~'s ~m ?rom I U~T ~ 3~ T~ ~ l0 ~fT, 2~ Di.~;o~t f~ Prepayment ---. sunli~h~ ~ ~ at~m~.- I ~eet ~ ~ T~ ~ 16~ ~q.fl, Amex, Xq~a. sn~ Mastefe~d ..... Grass ret~if/o~r ~d ~Oi~tu~ and 60 Sheet~ ~ 1.6~' s~.fl. / paint ~ase financm$ plan~ av~l~ble, remov:~f 6f Po~flo~ :;'~' ' '; ': ' Tvcckl>~:~ 20' - u~ to 16,~ iq.fi. ~a:nage and v~t~laDofi sl~s ~tow air, are ideal for all your surfacing needs Ideal for...HospitalityTents, Fairs and Carnivals, Sporting Events, Trade Shows, Corporate Events, Weddings, Gardens, Parking Lots, Food Service Areas, Marquees, Walkways, Dance Floors, Militeryl'ents, Sub-Flooring, Beachfront.~ and Special Events  ~Ifl~r ~ cr ~.'iIh P0nuflo~'a ~p0c~uily or h,oh tem~ru~ APR-!5-99 ?HU ~3:10 P. O1 · SPORT COURT, INC. Corporate Headquarters of Sport Court® Sports Flooring ,.~ Residential/Commercial Game Courts I~ller Hockey Floors Putting: Greens 939 South 700 tX/est Salt Lake City, Utah 84104 (801) 972-0260 ' FAX (801) 975~7752 -- ~PR-~S-99 THU 13:11 ?.03 SPECIFICATIONS SD.IV Outdoor, nH-weather sport design for Basketball, Tennis and Multi-Purpose Use. Description: METRIC - All w~ather sport design shali be 9.842' x 9.842" x if/", high irap~ct Potypropyle~ Copolymer suspended moclutes with 676 soticl reinforced support legs, positive locking system with mechanical lat~ra! forgiveness, 10-year lirrlited warranty, as manufactured by Sport Court, Inc., Salt Lak~ City, Utah U.S.A. Dimensions: 9.842" x 9.842' x 1/2' (25cm x 25cm x 12.Tram) Weight: 7.92 oz. 224.5g) GUIDE SPECIFICATIONS FOR SPORT COURT® SPORT DECK IV FLOORING Scope of Work A. Sp~'t Deck IV ($1~-1~ Susimnde~ Flooring 1. The fumishiag of m~e~i~Is, oompl~e ia.nallatio~ of I. De.~cdg~ioo: Me~'ic, grid top design s,halt be 9.842' x the floo~L,~g sy~tcllas de~tibed hurcill, inchaling ibc 9.842" x IO.' (25 cmx 2~ cmx 12.7 mm), high impact i~terl~lr~$ smpel~b~ syllthetic (polypropyle~ hi~j~ lrapitet polyPtol)yl~ae copolymer suspended modul~ with 676 support cOpo~ym~ of gropt~tary fomaldario~) modular tile ~st~m leg~. Th* tile shall have positive locking s),~t¢la with wt~ fha ~upportive acoustical underlayment, applicalioll of m,cha~ical La~rat Fotgivan~ssTM. The 61, shall also have a gitme lium, and provide complete maintellance in.mullions for minimum 10 year lirr, P.~d warranty a~ manufacturo~l by th~ ~ystem. Court Ixtc.. Salt Lake City, Utah U.S.A. Weighl: 7.92 oz (22~)~ B. Related Work Specified Eiscwher~ l. ~stallatlot~ of co~--tete, bit~'lg~us, os wood substrate. B. L~ne 2. Pr~par~tio~ of ~ubstxate to pro¥id¢ a rtw. dium ~m~ 1. lh'ime~; Plirnet shall be ~e propr~eral'5' til~ prime? fm/*h with !e'~l tolerances of (+) ot {-) 115' in any 10' as .,atpplled by Sport Court, Inc. Salt Lak, City, Utah, U.S.A. radiu.~. 2. Paint.' Paint shal~ be an aliphafic polyp'ethane as 3. Membrane waterproofing as de~ern'~ned by pro, ecl r~comme~ed by Sport Coup, Inc. ¢~meer. NOTE: Sport Court~ flnortag surfaces are not , · . affected by mot,lure. I ~~ LI12 OUALIT¥ A$S'URANCE 3.01 MA'I'~'~M. 'r~gT RF_..glIL'r~. A. Acctptable lmtalltr A. Rockwell bantams (ASTM D 785): 70 1. SPOB, T COURT* flooring shall be instal!ed and/~t B. H~at deflection ~,66 psi (ASTM D 648): 185 supervised by eta authorized factory trained ~aler or C. Melting point isotactic (ASTM D 211'7): 325 .... rCprescmative per the moat rece-m installation fmtrucrions of D. Auto-ignition ~mg~rature (ASTM D-1929): 1050~ F t,~e manufacturer 1~. Vicar softening point (ASTM D-1525): 262' F 2. Successful bidder must submit a minimum of O) three F. Low temperature brlulen~s (ASTM D-2D7 ): -22' F complct~.l groject~ of similar magnitude and comgiexiE/within O. Co-effi¢ieat of Linear Thcrraa/Expar~ioa, (ASTM D- tl~ last (2) years. List of projects shall include name, address, 6~, E.8.31): 58.3 x 10-' (in / in)/'F phone number, and co,act I~rsoa. H. E-Modulus (ASTM D.5418) 120,000 psi (8~7,000,~00 Pit) ~ 1. glcx. Medulua {A3TM D-790) A, Storage of Material (795,0CO,000 Pa) 1. Thc general contractor shall provide it secure, clean J. Tcllsile Yield Strength (ASTM D-638) 3000 psi and dry location for storage of material. K. Elongation at Yield (ASTMD-638) L. Nolched Izod (ASTM I)-256) 12 (ft-lbs / in) at 23 °C 1.04 JOB CONDI'I'IO~I] A. Schadule of installation ~l.0Z PRODUCT TEST RESULTS I. SPORT COURT* flnorin8 nms~ nm be imta!ied until A. Fires* Spread Iml, x (ASTM ~-162): 45 all other 'Ixad~s a~: complexly finished in ~e area and B. Smol~ Development (ASTM 1E-162): 37 su,*rou.nding rooms. C. Radiant Pailel (ASTM E-84, 162, 6tl8) .68 wit~;crn* 2 Substrate ~hall be level to spcctfied tolerances, free of D. Priction Test (I~ 7044) dry < ,72 wet < .50 debris and materials, sad broom, clean. E. Compression va. c, msh (ASTM D-3998): no break F. Noige Reduction Coefficient (,63TM C.423) 2040% ~ o. Roli~ Load (DIN 180~2) PA~$ ~,, Manufacturer'S Limited WarranB, H. R-Vitlne < 1.0 1. SPORT COURT* flooring ~all be warran~ied b$' *dm I. Flatne~;s 0.0 mm manufactur,r for any defi~t~ in matcrials ~ $. l~t~r~l For~ivcn~sTM (0.00<) * 0.050 inches p.'Y tile) workra~ship for a ~riod of 10 years f~om tl~ daze of i~i. Lo~ Bearing Capacity: > I~,O(K) petards per tile. purchase aS s~t ferlh ill tl~ rnanutac{~u'~r's sI2mda~d )i,nited warrant. 6PR-!5-99 THU 13:~3 P. 06 SPORT COURT, INC. 5 Year Unconditional 10 Year Limited Flooring Warranty (Upon Regiatratioa) Spor~ Cou,L luc. wan'ants SPORT COUmAT~ ttoo~Sn8 cow'~d h~iia u~ ~ ~ ~ ~e ~ ~om dtf~ ~ ~km~ship ~d matra] f~ a ~r{~ of tee (10) y~ ~om ~e date of er~al purc~e. A~o~{ u~ ~/oi ~use sp~ifi~lly nulli~ t~ ~ran~ ,~ ~ flooring. This w~ is void if fi~ ~ ~e b~n ~ by ~eid~ u~on~le u~, ne~ ~m~r {ns~lation ~ ~y olh~ caus~ using a ~ ~ife to ~1~ te m~ukm. ~ of~m~t fil~ will ~ ~ ~esg already ~ ~d wea~h~ ~d is Replant ~ To C~o~et (% b~ ~ .~i[ Hs: pri~ts mt ti~ ofcla~ ~ 0-5 years - no c~t, be~ 6-7 y~ - 45% ofr~la{I ~i~ ~ t~e ofcl~m, ~een 8-I0 ye~ - 70% of retail pri~ at list Auth~ ~( veHfl~O~ of~ tegis~a~ must ~ ob~a~d eom S~. Co~, loc., 939 S~ 700 W~t, Sail Lake Ci~, Utah, 84104, U.S.A., Ttiepho~: (~) 972~260, F~ (801) 975-7752, ~fo~e ~y m~md~ ~ be tep{~. reins~on ~ ~c r~punsibili~ ofb~. ~ will ~ re~esled ~ ~d a s~ple of one ~ m~ ~l{ tiles ~or a ph~og~aph of ~' cl~m, Repl~ed 1H~ ~H ~me Ibc pr~ of S~n Court, inc. f~ ~s~si~un ~n d~e~ed by ~d au~ o~ce. of Ibc ~m~y h~e a~hoH~ to bin~ or obligate S~n Co~ Inc. in ~y m~et Any al~rat]on of this ~ sh~l ~v~id~e ~he wman~ in its ent~. No w~ exp~ssed ut implied ~e m~e ~yond the co~dition~ ~t fo~h ~b w~ ~plicaH~ must be ~bm{~ iu S~n C~ ~c., Salt L~ Ci~, U~ ~l~in 30 day~ of pu~h~e. NO~: in ~e ev~i W~T~ appli~ is not re~ivcd 5~ v~ida:iou wi:~n ~ allo~d time o~ hoc ~bmi~td, S~. Cou~ Inc. will only wa~ t~ it~ ~ov~ed iu ~e w~ Yor the fi~: lh~ee (3) y~{ under ~e co~i~ of~is does ~ot au~ ~y ~n lo ~c fo~ it ~y oih~ o~6a~on ~ i~i~ {n ~nn~ wilh ~ese cump~euts, TO TH~ ~TE~T ALLOWED aY LAW, ANY ~LIED WA~NTY OF M~RC~NTABILITy OR F~ESS FOR A PARTICULAR PURPOSE APPLICABLE TO TH~ CO~ONEN~ IS LI~TED IN DUO,ON TO THE DU~TION OF THESE W~N WA~NTIES. NEITHER SPORT COURT, INC. NOR THE SELLING ~ER SHALL BE LIABLE FOR LOSS OF TIME, [NCON~NIENCE, COMMRRCI~ LOSS, OR ~EQUENTI~ D&~GES Snm~ ~ta~ do n~ allow limi~tions or exclusions may n~ ~ply to you. Only, got valid. ~PR-!5-99 THU 13:12 P. 05 J.03 SANITARY ~ORMAT~ON ASTM O-21 ~ MIL ~a 810-D ~¢~ur~ ~0~.3) All 1. ~l~r w~l ~ ~led to pfe-approv~ layout. b~i~ org~sm~ ~s~d (ATCC ~6205-1179~ ~d w~e fo~d 2. H~ ~1 b~ ~st~led ~d/or su~i~d to to hav~ zero gr~. maauf~cr~ s~cificatiom by ~ au~ti~d, facto~ ~a~ed B. Resis~ ~ ~e follow,g: ~alcr or r~re~talive. ~c~ria ~ ~w r~ce. ,. Orm-~itiw ~g~ $t~hyl~o~m A~us B. Gme Slfip~ / ~ni~. Olam-~e~vc ~b$ie~ ~umo~ae 1. H~ ~rf~e ~ ~ cl~ ~ fr~ of ~bris. ~-s~ org~m. 2. O~e a~s 11Me~ s~ ~ m~ked / ta~d ~ aurf~e ~ ~ prior to md follo~g ka~tng. ~. ~ ~1 ~ ~d ~d pa~d ~ing Spo~ C~~ pri~r ~ re~d ~pkaic ~e~me pai~. 4.01 ~SPE~O~ 1. ~c~t~ ~ p~ ~ Care a~ 1. ~b~trate ~1 ~ ~ ~ a facto~ ~ deMer 2. ~ c~or ~a~ ptovi~ a list ofma~ or repr~en~tiXe for ~ ~s~, ~ lewl. ~y ~c~d for ~r c~ ~ m~te~ce of fl~r. ~iioa flo~ ~cific~ ~l ~ ~e~ m writ~g ~ ~ 3. E~ir¢ ~ntrac~r ~ pr~jdc a ~ed ~1 i~er~ ~ua~r ~r ~fion. fo~ ~mbly ~d r~mbly. [lTV DF DELFIRY BEI:I£H DELRAY BEACH ~ 100 N.W. 1st AVENUE * DELRAY BEACH, FLORIDA 33444 . 561/243-7000 TO: David T. Harden 1993 City Manager FROM: Robert A. Barcinski P~/ Assistant City Manager DATE: April 16, 1999 SUBJECT: AGENDA ITEM CITY COMMISSION MEETING APRIL 20, 1999 BID AWARD ACTION City Commission is requested to ratify a bid award to Regency Party Rentals, Inc. in the amount of $25,000 for 10,000 square feet of portafloor under provisions of City Code Chapter 36.08. Funding is available in account number 334-4145-572-63.90 Other Improvements. BACKGROUND Every time we have a non-tennis event in the tennis stadium, as well as when concessionaires and VIP tents are put on the courts east of the tennis clubhouse, plywood has to be set down, as well as plastic to protect the courts. City labor is used for this installation. For the last concert we determined that for safety reasons we need to replace the plywood we have. It is rotten and warped. We were able to get by with the plywodd we have for the concert because of sand that was put on top of it. We are required to cover the area on the tennis courts east of the stadium for concessions and the VIP tent for the Citrix Tournament. The cost of plywood alone for this area, 7,200 square feet (225 sheets), is $5,769. Additional plywood 2,800 square feet (88 sheets) at a cost of $2,257 is needed to cover the stadium court. In addition, the indoor/outdoor carpet that covers the plywood, needs to be replaced and is estimated to be $2,500 for inexpensive carpet. Based on past experience the plywood is being replaced every 4-5 years. Labor costs to install and remove the plywood floor and carpet are estimated, based on past experience, to be $2,905 (210 hours x $13.83 per hour). Per the manufacturers specifications the floodng we are proposing to purchase could be installed and removed by 12 men in about 2.5 hours (30 hours x $13.83 per hour = $415). If we did four (4) events per year, labor savings alone would be $9,960. We estimate that the proposed new flooring would pay for itself in 2.07 years based on four (4) events per year (see attached analysis). THE EFFORT ALWAYS MATTERS Agenda Item April 20, 1999 Bid Award Page #2 April 16, 1999 Staff feels that we would be wasting dollars now if we bought new plywood, considering the pay back time. Mr. Dubin recommended that we purchase the floor last year. This item is programmed in the FY 99-00 Capital Improvement Budget at $35,000. The proposed portafloor can be placed on clay, grass and hard surfaces without damaging the surface. It is lightweight, thus less strain on employees. Each tread is 12.25' x 3.35", if one gets broken you are only buying one small piece. Because of the interlocking nature of the product, the flooring can easily be configured for different uses, not like plywood which is 4'x8' per sheet. This flooring could also be rented or loaned out for other City or non-City uses at locations other than tennis stadiums. Specifications for the portafioor, as well as quotes, are attached. Due to the lead time for delivery and immediate need for the Citrix Tennis Tournament, a verbal commitment was given to the vendor, and the flooring is scheduled to be delivered Friday, 04/23/99. RECOMMENDATION Staff recommends ratification of a bid award to Regency Party Rentals, Inc. in the amount of $25,000 for 10,000 square feet of portafloor under the provisions of City Code Section 36.08. Funding is available from account number 334-4145-572-63.90 Other Improvements. RAB/tas Attachments cc: Brahm Dubin Joe Safford File..u..ma, eeney/agenda Doc:O41699a.doc PA Y BACK ANAL YSIS PORTAFLOOR Plywood and carpet $8,000 + 2,500 = $10,500 + 5 years -- $2,100 per year $2,100 per year cost carpet/plywood +$9,960 labor cost savings per year installation (4 events) (.$2.905 -415 = $2.490 x 4 = $9.960~ $12,060 per year $25.000 .Dortafloor = 2.07 years pay back $12,060 per year labor costs PRIORITY PARTY RENTALS ~O PRODUCTIONS, INC. ~1~ No,on Ave. · West Palm ~ch ~ 3~5. (561'. ~7~ ,C~ ~ ~N aY MS, ' ...... P~C~D ~P aY DEPARTMENT MR. BY ..... ~ o~ " CLOTHS ....... .... 8~ES~T P~TE ~C~mS~ , C~P~NE ..~, . ALL RENT. S PAYAS~ IN ~V~CE · 722- Io Portafloor' systems are the id~l, ~,r~ti~,, roll-out solution for immediately converting your outdoor or indoor f~ilit~ to ~ta~, ~n~ event...any time...on most any su~ace...in any environment...quickly .,..,~-.,.~- ~,~..~,,....~ ~. and enlclently. , A Un,Me ~il ~le for ~ ~ unr~lod, Wdh -:- o0n ~ ~do~ed ~ I vit~ I- htm~, P01~rop)'lene- S~ific ede m~eri~sf0r high impact ~nd ~esiliency, :em~m, -20° F to 150" F u~ range. r~ Si~ Unassembl~- each e~6is 12.25' long; 3.3Y ~.'ide; .6~" high, These ~nne~ }ength~se f~ ~gments 0f any fize. 36 ,sse. mbl~ ~ead~ ~.61 ~ oz.Oun~Spg sq/ft.~r ~afi; 8.1 ih~ ~r I0 g{a~: Ag~st color f~jn$ or d~¢fiorafion for ~x'¢ (5) y,a~. C:L. ~fin$: ~ 94 Hg bie~i~ Point: 324 ~d Fn~or: ~ lbs per squat* foot, ('~n sappon 24,~, lb, vehlcl~ 0o tirol soil. subsmfac~ githout ~lorqe: May ~ slorcd in sized rolls, or in fl:~t sections. May ~ Paps Apaff ed). Approximately 20,~0 sq~t can be stored a~mbled ~ .P~S~e$ Grass T~uckl~a~: 20' ' u~ tO 16,~ i~,~, ' 40' - ~ [o 32,~ S~.'(t. ~. are ideal for all your surfacing needs Ideal for...HospitalityTents, Fairs and Carnivals, Sporting Events, Trade Shows, Corporate Events, Wedd;ngs, Gardens, Parking Lots, Food Service Areas. Marquees, Walkways, Dance Floors, MilitaryTents, Sub-Flooring, Beachfronts and Special Events ~PR-!5-99 THU 13:10 P. 01 · SPORT COURT, INC. Corporate He. dquarter~ Sport Court® Sports Flooring Residential/Commercial Game Courts Roller Hockey F~oor~ Putting Greens 939 South 700 IX)est Salt Lake City, Utah 84104 (801) 972-0260 - FAX (801) 97.5-7752 ' ' DATE: /7~//~'/~ # PAGES INCLUDING COVEPu_~,~_ / / APR-!5-99 THU 13:11 P. 03 SPECIFICATIONS SD-IV Outdoor, aH-weather sport design fo~ Baskdball, Tennis and Multi-Purpose Use. Description: METRIC. All weather sport design shall be 9.842" x 9.842" x 1/2", high in, pact Polypropylene Copolymer suspended modules with 676 solid reinforced support legs, positive lock. ing syst~n with mechankal lateral forgiveness. 10-year limited warranty, as n~anufactured by Spor~ Court, Inc., Salt La~ City, Utah U.S.A. Dimensions: 9.842' x 9.842' x 1/2" (25cm x 25cm x 12.Tram) Weight: 7.92 oz. 224.5g) APR-15-99 THU '~'11:... P. O4 GUIDE SPECIFICATIONS FOR SPORT COL~RT* SPORT DECK IS; FLOORING Scope of Work A, $1aor~ Deck IT (SD-IT) Smpend~l Flootrmg 1. The fur~sl~ of u'~texial$, compile ~aiic~ of 1. D~cr~iou: Melric, ~r~d top d~ign shall be ~e .'~x~ sy~mr~ descn'bed h~rt~, ~g ~ 9.842' x 1~' (~ cmx ~ cmx 12.~ ~), ~ i~ co~e~ of p~r~ fo~) m~l~ 2lc ~'~m Ie~. ~ dle ~ ~ve ~i~e 1~ sy~m w~ ~ ~ ~ ~ ~erl&~t, a~l~ of m~ ~r~ F~v~ssTM, ~e t~e ~aU ~o [~ li~, a~ pro~ ~mple~ ~en~ce ~ r~ ~ 10 year I~d w~ ~ ~ by ~ ~s~. ~ ~., ~t ~ Ci~, U~U.~.A. Wein~: 7.92 radius. 2. ~ P~t ~ ~ ~ ~dc ~ A. Acc~t~]e ~ A. ~1 ~ (~TM D 785): ~ 1. S~RT CO~ fl~8 ~ ~ ~led ~ a. Hm ~tion ~ ~ (AS~ D ~8): 185 ~ve ~r ~ ~1 ~ ~ ~ of D. A~n ~m~ ~S~ ~1~9): 1050' b~ m~f~r N. Vi~ ~Wt (AS~ D-I$~): 262' F 2. S~ce~s~l b~ meat ~ ~ m~m ofO} ~ree F. ~ ~m~mm ~ (~ D-2137 ): -~' ~ I~ (2) ye~. L~a of pt~s ~ ~I~ ~, a~t~a, ~, ~1): ~8.3 x 10~ (~ I ~) 1. ~ ~tg ~ ~ ~o~ a ~re, cle~ L T~ ~ ~& (~ ~}~ ~ psi L. ~c~ ~ (A~ ~ 12 (fi-~a I ~ a~ 2~ 'C 1.~ JO~ co~moN~ ~1 ~r ~a~ u~ ~ly ~d ~ ~e ~ ~d B, S~ ~n~ (A~ ~162): 37 ~ ~ ~, ~ b~<le~. B. ~ ~, ~ {~ D-3~: ~ ~k ~.05 W~ O. RoU~ ~ (DIN 1~32) k, M~uf~'s ~ Warty H. R-V~ ~ 1.0 1, S~RT CO~ ~ ~ ~ w~t~ ~ ~ I. ~s 0.0 ~ ~ufac~ for ~y de~ ~ ~tc~s ~ ~. ~rM ~r~sTM (0,~ - O.O~ ~s p~ wor~anshtp f~ a ~ri~ of 10 ~m flo~ ~ d~ of K. ~ ~g C~W: ~ tS,~ ~s ~r tile. ~PR-I~-g9 THU 13:13 P. 06 SPORT COURT, INC. 5 Year Unconditional 10 Year Limited Flooring Warranty ,. (Upen ReRlatratton) ~he I~it of~e ~ai~ o~Spon C~ R~t~t ~ To C~met (% ~ ~ ~l H~ pd~s ~ time ofc~ ~ ~5 y~ · no ~ ~ 6-7 7~- 45% AL~WED BY ~W, ANY ~LIgD W~TY OF M~NT~ILITY OR ~ESS FOR A P~TICU~R PURPOSg ~eLI~8~ TO ~g COb~N~ IS LI~D IN DUO.ON TO ~E ~U~TION OF W~N WA~NTI~ NEITHER SPORT COURT, INC. NOR TH~ SE~G DE~RR SHALL BE LIABLE FOR I~i~o~ ~ exclusions ~y n~ ~ to you. APR-:5-~§ THU 1~:12 P. 05 3.03 SANTrARY EqFO1L~IATION A. Rcsis~ace to fungi (when tested i~ cc~Liaace with A. Sport Deck IV (SD-IV) Smpended Floorin~ ASTM 0-21 ~ MIL s~d 810-D procedure 508.3) A}I 1. Floor ~ be L~talled to pre-approved layout. basic o~gatnhcas ~ested (ATCC ~620:5-11797) Md w~te found 2. Floor w~l be i~talied a~d/or aupervised to to Im',,e zero grov,~, man'afactutct~ $i:~ciflcatio~ by ~.~ au~orized, factory B. Resistance to tim following: de~lcr ot repre~tative, Bacteria and ~klew reaistance. ,.. Gram-positive ba{:terial St{q}hytoco~ AUteus B. ~,mme Sttilmin~ I L4nln~. Gtam-~egmtive KkbeieUa Pneumoniae 1. Floor surface ~ be cleero and fte~ of PL~k-szatntn8 Organism. 2. Game sizzles I linca sbzll be ._m_m~ked / taped a~d 3TV Re~k~lem. prepped to ~ pre-a~tov~ I~out. ~urfa~ fungi ~w~ prior to 4md follow~ng leaching. 3. Lines s~a~l be primed and painted using Sport C0un primer and rec. onunen~d a2Liphat~ poly~e~hane paint. A. Subs{rate cleanin~ procedures on video i. Substrate shall be checked by a factory trained dealer 2. Floofin& ¢on~'actot sl~ll provide z list of matefi~ls er rtprestouui~.~ for amtamina~ion, dryness, and level. Any needed for proper ctre and m~intenance of floor. ~via~ion tzo~ spe~ific~on ahail be ~elx~ ia writh:4 ~ Ih¢ 3. F~x;~h~4 co~rac, to% ~ provide a tocommeocled tool g~eral co~Ulcto~ f~! cO~e, ction, foe disauembly ~ te, a$~:mbly. £1T¥ IIF IIELRIW BEII[H CITY ATTORNEY'S OFFICE FACSIMILE 407/278-4755 DELRAY BEACH Writer's Direct Line: 561/243-7091 Ali. America City MEMORANDUM 'Jl~llll! DATE: Aprill9, 1999 ~993 TO: City Commission FROM: Brian Shutt, Assistant City Attorney SUBJECT: Work Experience Project Agreement This Agreement, between the City and Palm Beach County Workforce Development Board Inc., shall provide job opportunities for youth that will familiarize them with the job market by affording the participants training and job seeking skills. This program, as outlined below, will provide meaningful employment experiences with a tangible outcome which will be beneficial to the City and to the participants. · Program duration- June 1, 1999 through August 31, 1999 Participate ages: eighteen years of age or older Work week: 40 hours · Hourly rate to be paid by the Palm Beach County Workforce Development Board · Residency: Palm Beach County residents only · Pre-screening and selection: Pre-screening and selection will be conducted by the Palm Beach County Workforce Development Board · Eligibility requirements checked by the Palm Beach County Workforce Development Board · Anticipate utilizing the participants in clerical, recreation, maintenance and other related positions - placement within City departments will be based upon departmental requests By copy of this memorandum to David Harden, our office requests that this item be placed on the April 20, 1999 City Commission agenda for approval. Please call if you have any questions. cc: David Harden, City Manager Alison MacGregor Harty, City Clerk Ned Gusty, Human Resources Director Pnnted on Recycled Paper AGREEMENT NUMBER: EMPLOYER WORKSITE AGREEMENT FOR WORK EXPERIENCE SUMMER YOUTH EMPLOYMENT AND TRAINING PROGRAM This agreement is made for the Work Experience Project under Title liB of the Job Training Partnership Act (the Workforce Development Board) of 600 S. Dixie Highway, West Palm Beach, Florida 33401. Telephone number (561) 659-5213. Hereafter referred to as the "Youth Services" Program. 1. Employer: 2. Address: 3. FEIN NO: (Federal Employer Identification Number). 4. Description of Organization: I. TERM The term of this agreement shall be from June 1,1999 through August 31,1999; provided that the Workforce Development Board may earlier terminate this Agreement by so notifying the Employer in writing. The starting and ending date of the Work experience component will vary depending on the youth, but will not exceed 7 weeks in duration. II. EMPLOYER REPRESENTATIONS The Employer represents that (1) it is a private non-profit or public non- profit corporation and (2) is capable of providing the Work Experience in accordance with the terms of this Agreement. III. SERVICES TO BE PROVIDED The Employer shall provide Work Experience in accordance with the terms and conditions of this Agreement, in the numbers and for the occupations described in the Work Experience Job Order (Attachment 1) and Work Plan (Attachment 2), Inclement Weather Plan (Attachment 3), and Child Labor Laws (Attachment 4), attached hereto and incorporated herein. At a subsequent date the Worksite Supervisor's Manual will be provided and become a part of the Worksite Agreement. The Employer will retain a copy of this Agreement at each worksite. A. Referral and Selection 1. The Workforce Development Board shall refer to the Employer for each position, one or more individuals, JTPA certified as eligible for participation, if available, throughout the term of this agreement, in order to assure to the greatest extent possible the filling of all positions. 2. The Workforce Development Board shall only refer Participants who are certified as JTPA eligible, between the ages of 14 and 21 and who meet the employer's criteria as specified in the Work Experience Job Order (Attachment 1) and Work Plan (Attachment 2). B. Employment 1. Each Participant shall be provided a meaningful employment experience, with a tangible outcome and benefits to the employer, the community, and the Participant, and as specified in the Work Experience Job Order (Attachment 1) and Work Plan (Attachment 2). Employment shall be conducted at worksites designated on the attached Work Experience Job Order (Attachment 1). 3.: Employers shall ensure that Participants are provided adequate equipment including any required safety equipment and supplies for their assigned work. Participants will be supervised at all times by the designated Supervisor or Alternate Supervisor. 4. Youth participating in Youth Services shall be scheduled to work a specific, maximum number of hours per week in accordance with the specific program restrictions and the Work Experience Job Order (Attachment 1) and Work Plan (Attachment 2), and shall not be permitted to work in excess of a total of 280 hours or 7 weeks of 40 hours a week during the term of this agreement. Some Participants may be required to work less time due to their concurrent enrollment in other Workforce Development Board Programs. 5. All employment and training activities hereunder shall be conducted in accordance with the Statement of Assurance and Certifications set forth herein and with applicable law, including Child Labor Laws (Attachment 4). C. Training 1. The Employer shall provide each Participant with meaningful, well-supervised job training consistent with the duties and responsibilities of the job position and designed to ensure successful attainment of entry level skills and work habits required of such positions or occupation as set forth in the Work Experience Job Order (Attachment 1) and Work Plan (Attachment 2). 2. Such training shall include an orientation to the organization and work station, including but not limited to the Employer's policies and procedures, work schedules, and break schedules. D. Supervision 1. Employment and training hereunder shall be provided through the Employer's qualified supervisors, who shall be: (1) regular employees of the Employer, (2) experienced in the work to be performed by each Participant supervised, (3) determined by the Employer to be appropriate to supervise such Participants, and who have (4) successfully completed a Workforce Development Board sponsored "Worksite Supervisor's Workshop/Orientation". The Employer shall provide to the WDB, prior to the Participant's first day on the job, a written list of qualified supervisors and back-up supervisors for each worksite. 2. The Workforce Development Board will provide assistance to the Employer in developing worksite parameters. The Employer will provide a supervisor for each worksite who will be responsible for assigning daily duties and signing and submitting timesheets. 3. The Workforce Development Board shall make appropriate arrangements for the orientation and instruction of supervisors, utilizing the Worksite Supervisor's Manual to be provided by the Workforce Development Board. Orientation may be conducted individually if a group setting is not feasible. Attendance at the orientation of all designated supervisors shall be documented by means of a sign-in log maintained by VVDB staff. Employers, the Employer's Supervisors, and Participants shall be provided with a manual outlining the policies and procedures to be followed during the program by the Employers, Supervisors, and Participants. Delivery of this Orientation Manual shall be documented by signature of recipient upon written receipt maintained by WDB staff. 4. The Workforce Development Board shall assign, and notify by written notice to the Participant and Employer, a Summer Youth Counselor to each Participant in a work experience employment position who shall be the liaison person between the Employer, Workforce Development Board, and the Participant to handle any and all questions, arrangements, difficulties, or disciplinary actions regarding the participant. 5. The Employer shall have the right to take disciplinary action, suspend, or disengage any Participant assigned under the terms of this Agreement in accordance with the regular written personnel policies and practices of the Employer. The Employer shall endeavor to notify the Workforce Development Board Counselor prior to any such disciplinary action, and where feasible participate with the Board Counselor in an intervention, prior to termination or dismissal. The Employer must immediately notify the Workforce Development Board Youth Counselor and follow up in writing of any termination and the reason for such termination. IV. COMPENSATION A. The Workforce Development Board shall compensate each Participant at a rate of $5.75/hour for hours worked during each two week pay period, upon receipt of proper documentation from the employer as specified below. In no event shall JTPA funds be used to compensate a Participant for hours in excess of those contractually agreed. B. 'the Workforce Development Board shall provide workers compensation coverage and make applicable FICA and federal income tax withholding payments for all participants engaged in Work Experience under this Agreement. V. TIME AND ATTENDANCE RECORD KEEPING A. 'the Employer shall keep accurate time and attendance records daily for each Participant, employing the Time and Attendance Record (that will be included in the Worksite Supervisor's Manual) provided by the Workforce Development Board via the Summer Youth Counselor. B. The Employer certifies that: (1) it will only record actual hours worked by Participant, (2) it will require each Participant to sign in and out daily, employing the Time and Attendance Record, (3) it will not permit Participants to simultaneously sign in and sign out and (4) not sign any time sheet prior to the end of the pay period or prior ton the participants signature. C. No Time and Attendance Record shall be submitted by the Employer to the Workforce Development Board for any individual who has not been referred and certified as eligible for participation hereunder by the Workforce Development Board, and the Employer shall bear full responsibility for payment for any hours worked by any such individual. VI. EVALUATIONS AND MONITORING The Employer shall fully cooperate in the evaluation and monitoring of activities under this Agreement by the Workforce Development Board, the State of Florida Department of Labor and Employment Security, the U.S. Department of Labor, and any other unit of local, state or federal government. VII. ASSURANCES AND CERTIFICATIONS The Employer assures and certifies that it shall comply with provisions of the Job Training Partnership Act (P. L. 97-300) (the "Act"), regulations and policies as may be amended from time to time, and with applicable laws with respect to political activities, private -for-profit employment activities, nepotism, conflict of interest, fund raising, political patronage, and lobbying activities, copies of which are available upon request. The Employer further assures and certifies as follows: 1. Employment and training provided to Participants hereunder shall conform to the job description and the duties to be performed as set forth in the Work Experience Job Order (Attachment 1) and Work Plan (Attachment 2). The Employer is required to notify the WDB, in writing, immediately if there is any change in the original job description. Such notification must be approved in writing by WDB. 2. Conditions of employment and training hereunder shall be appropriate and reasonable with respect to the type of work and the oroficiency of the participant. 3. Health and Safety standards established under state and federal law, otherwise applicable to working conditions of employees, shall be equally applicable to working conditions of Participants. 4. Except as may otherwise be provided in this Agreement, all Participants shall be provided benefits and working conditions at the same level and to the same extent as other employees working a similar length of time and doing the same type of work. 5. Participants' activities under this agreement shall be conducted in compliance with the Child Labor Provisions of the State of Florida, 1he Fair Labor Standards Act, and other applicable laws. 6. Employment under this Agreement shall not result in the displacement of employed workers or impair existing contracts for services or result in the substitution of federal funds for other funds in connection with work that would otherwise be performed. 7. No Participant shall be employed or job opening filled when any other individual is on layoff from the same of any substantially equivalent job or when the Worksite Employer has terminated the employment of any regular employee or otherwise reduced its workforce with the intention of filling the vacancy so created by hiring a Participant under this Agreement. 8. No position under this Agreement shall infringe in any way upon the promotional opportunities of currently employed individuals. 9. None of the funds disbursed under this agreement shall be used to a.'.~sist, promote, or deter union organizing. 10. No individual shall be excluded from participation in, denied the benefits of, subjected to discrimination under, or denied employment in connection with this Agreement because of race, color, religion, sex, national origin, age, handicap, or political affiliation of belief. 11. 'The employer shall afford Participants an opportunity to present any grievances or complaints about its activities under this Agreement, in accordance with the Act. 12. F'articipants shall not be employed in the construction, operation, or maintenance of any facility as is used or to be used for sectarian instruction or as a place for religious worship. 13. Employers that employ Participants in outdoor type work shall provide the Workforce Development Board with a written Inclement Weather Plan, (Attachment 3) which shall be submitted to the WDB for written approval prior to first scheduled program start date, and when approved shall be attached to and incorporated as part of this Agreement. 14. The Employer shall submit such information as may be required by the Workforce Development Board and the Florida Department of Employment and Training in assessing the extent to which the services provided under this Agreement meet the special needs of disadvantaged, chronically unemployed, and Iow income persons for meaningful employment opportunities. 15. The Worksite Employer will provide the U.S. Department of Labor and the Comptroller General of the United States, through any authorized representative, access to and the right to examine all records, books, papers, or documents related to this Agreement for a period of three (3) years from the date of termination of this Agreement. The Worksite Employer shall conduct all activities under this Agreement in accordance with the Americans with Disabilities Act of 1990, Section 504 of the Rehabilitation Act of 1973, Title VI Of The Civil Rights Act of 1964 as amended, and the regulations promulgated under such Acts, with respect to the disabled and the limited English Speaking. 16. The Worksite Employer certifies that, in all activities in the performance of work done in connection with JTPA funding, its employees under this Agreement are not engaging in the unlawful manufacture, distribution, dispensing, possession or use of a controlled substance, and that all activities under this agreement shall be provided in a drug-free workplace in accordance with the Drug-Free Workplace Act of 1988 and the regulations promulgated thereto. This Agreement shall be in compliance with the JTPA and any federal regulations thereto, and shall be subject to funding availability. This Agreement supersedes any and all prior oral and written agreements. IN WITNESS WHEREOF, the Workforce Development Board and the employer have caused this Agreement to be duly executed as of the last date set forth below. EMPLOYER PALM BEACH COUNTY WORKFORCE DEVELOPMENT BOARD INC. Authorized Signature Authorized Signature Name (typed) Name (typed) Title Title Witness Witness Date Date TO: DAVID T. HARDEN CITY MANAGER SUBJECT: MEETING OF APRIL 20, 1999 CONDITIONAL USE REQUEST TO ESTABLISH AN ELEMENTARY SCHOOL FOR BAR AND FERG'S ACADEMY, WHICH IS LOCATED SOUTH OF STERLING ROAD, BETWEEN SW 4TM AVENUE AND SWINTON AVENUE AND CONTAINS APPROXIMATELY 0.7 ACRES At its meeting of December 4, 1984, the City Commission approved a conditional use request to allow the establishment of a child care facility (including kindergarten) within the R-1-A zone district for Bar and Ferg's Academy. The academy currently occupies Lots 2-6, Block 2, Southridge subdivision. The academy wishes to expand its operation to the west onto Lot 7 for the addition of an elementary school which is allowed as Conditional Use in the CF (Community Facilities) zone district. The rezoning from R-1-A to CF is discussed in a separate report. Additional background and an analysis of the conditional use request are found in the attached Planning and Zoning Board Staff Report. At its meeting of March 15, 1999, the Planning and Zoning Board held a public hearing in conjunction with review of the request. There was no public testimony regarding the Conditional Use request. After reviewing the staff report and discussing the proposal, the Board voted 6-0 (Eliopoulos absent) to recommend approval of the Conditional Use request to establish an elementary school for Bar and Ferg's Academy, 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 conditions: · That a site plan be processed that is in general conformance with the sketch plan. · That the maximum enrollment be limited to 125 students. By motion, approve the Conditional Use request to establish and elementary school for Bar and Ferg's Academy based upon the findings of the Planning and Zoning Board. Attachments: P& Z Staff Report and Documentation of March 15, 1999 PLANNING AND ZONI-NG BOARD CITY OF DELRAY BEACH ---STAFF REPORT--- MEETING DATE: March 15, 1999 AGENDA ITEM: IV.E. ITEM: Conditional Use Request to Allow the Establishment of a Private School for Bar and Ferg's Academy, Located on the South Side of Sterling Avenue, Approximately 150 Feet West of South Swinton Avenue For Bar and Ferg's Academy. -~ - '-i .... I s.w. ~? . ST Owner .............................. Mary AnnFerguson I I I t i ...... l Applicant/Agent ............... Gerald B. Church t ! I i { ..../ ~ Location .......................... South side of Sterling Avenue, t I i ~ < approximately 150 feet west of { ! I t i I South Swinton Avenue s.w. 10TH STREET Property Size .................. 0.70 Acre Future Land Use Map ..... Low Density (0-5 d.u./ac.) Current Zoning ................ R-1-A (Single Family Residential) Adjacent Zoning .... North: R-1-A East: R-1-A South: CF West: CF Existing Land Use ........... A 4,431 sq. ft. building with 5 classrooms, 11 parking spaces, student drop-off area, and dumpster enclosure. Proposed Land Use ........ Conditional Use Request to allow the establishment and expansion of the existing private school which consists of a 1,978 sq. ft. building addition, relocation of the existing parking lot and dumpster enclosure to the west of the proposed addition, new parking lot with 16 spaces, and associated landscaping. Water Service ................. Existing on Site. Sewer Service ................. Existing on Site. N LIN TON BOULEVARD IV.E. The action before the Board is making a recommendation to the City Commission on a request for Conditional Use approval to establish a "private elementary school" for Bar and Ferg's Academy pursuant to LDR Section 2.4.5(E). The subject property is located south of Sterling Road between SW 4th Avenue and Swinton Avenue, and contains approximately 0.7 acres. The subject property is zoned R-I-A (Single Family) and involves Lots 2-7, Block 2, Southridge Subdivision. At its meeting of December 4, 1984, the City Commission approved a conditional use request to allow the establishment of a child care facility (including kindergarten) on Lots 2-6 for Bar and Ferg's Academy. The approval was conditioned upon a maximum capacity of 71 students. The academy wishes to expand its operation to the west onto Lot 7 for the addition of an elementary school. Private schools are not allowed in the R-I-A zone district, therefore the applicant is requesting that the subject property be rezoned from R-I-A to CF (Community Facilities) which is discussed under a separate report. Within the CF zone district, private schools are allowed as a Conditional Use, which is the request now before the Board. Currently, the site contains a 4,431 square foot building with 5 classrooms, 11 parking spaces, student drop-off area, and dumpster enclosure. The development proposal involves a 1,978 square foot building addition to be located along the west side of the building, which necessitates the relocation of the existing parking lot and dumpster enclosure. The new parking lot will consist of 16 parking spaces. The expansion will accommodate 2 classrooms and 54 students for a total capacity of 125 students, grades pre-school through 6th. The applicant has submitted the following narrative, which describes the operation: "Bar and Ferg's Academy is a private, preparatory school preparing young children for entrance into private or public schools. They have operated continuously at their present two-acre site on Sterling Avenue for the past 12 years. The school was established in 1986 with an enrollment of 16 students. Since that time the student body has gown to a present enrollment of 71 Planning and Zoning Board Staff Report -. Conditional Use Approval -' and Ferg's Academy Page 2 students. The c/asses range from Pre-Kindergarten three-year-o/ds to five-year- olds, plus grade one elementary students. The actual enrollment varies, but there is approximately 20 students in each of the Pre-Kindergarten levels and ten grade one elementary students. They are presently accommodated in 5 classrooms. There are seven certified teachers plus a school director. The school is opened Monday through Friday from 7:30 a.m. to 5:00 p.m. daily, except on holidays and summer vacation when the school is closed. The proposed 1,978 square foot addition on the west side with two classrooms, will accommodate an increased enrollment of 54 students mainly elementary school students, with an ultimate teaching program through grade six." It is noted that while the first grade was established without obtaining approval, it will become legal with this proposal. 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 Low Density Residential (LD) and a proposed zoning of CF (Community Facilities). As discussed in the Rezoning staff report, pursuant to LDR Section 4.4.21(A), the proposed zoning designation of CF is deemed consistent with all land use designations including the existing Low Density Residential Future Land Use Map designation. The zoning district is consistent with the LD Future Land Use Map designation and "schools" are listed as a Conditional Use in the CF district [LDR Section 4.4. (D)(2)]. 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. Planning and Zoning Board Staff Report - - Conditional Use Approval - 'and Ferg's Academy Page 3 Concurrency as it relates to Water and Sewer, Streets and Traffic, Parks and Recreation, Solid Waste, and Drainage were discussed in the rezoning report, and positive findings to these levels of service 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. A review of the objectives and policies of the adopted Comprehensive Plan was conducted and no applicable Objectives or Policies were found. SECTION 2.4.$(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 by the following zoning designations: to the south and west, by CF zoning; and to the north and east by R-1-A (Single Family Residential) zoning. The surrounding land uses are: to the south by an abused spouse facility and to the west by a vacant lot which was recently rezoned to accommodate an expansion of that facility; to the east by a retention area; and to the north by single family residences. The daycare/school is located on the perimeter of a residential neighborhood and has not experienced any compatibility problems to date. There are no compatibility concerns with the retention area located to the east or the abused spouse facility to the west and south. The existing playground area is to remain on the east side of the property and is not being expanded. Therefore, no additional noise from the playground area should be generated by this development proposal. As discussed in the rezoning report, along the north property line where the CF zoning is adjacent to the residential zoning, a hedge and trees shall be provided to mitigate any negative impacts that this proposal may have on the adjacent residents. The school is located on the perimeter of a residential neighborhood and has co-existed with the neighborhood for nearly 13 years with no problems noted. The site is located in a Rehabilitation area as identified in the City's Comprehensive Plan. Upgrades to the Planning and Zoning Board Staff Report _ Conditional Use Approval - [ ~nd Ferg's Academy Page 4 property may have a positive impact on the surrounding area and may even encourage development and redevelopment of nearby properties. 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" has been identified. LDR Chapter 4.6 Supplementary District Regulations: Landscaping: Pursuant to LDR Section 4.6.16 (B)(4), to any modifications to existing development which results in an increase of 25% in the gross floor area of the structure, or structures located on the site, the entire site must be upgraded to present landscape standards. As this modification will result in an increase in floor area of more than 25% this regulation applies. The sketch plan does not indicate existing landscape material, therefore, this item will need to be further addressed with the review of the site plan. Dumpster The location of the proposed dumpster enclosure does not appear to be accessible. BFI shall review the location to make certain that their trucks will be able to access the dumpster. LDR Chapter 4.3.3(E) Special Requirements for Specific Uses - Child Care Facilities: Pursuant to LDR Section 4.3.3(E), childcare facilities are to have a minimum lot area of 7,500 square feet, a minimum floor area of 35 square feet per child, outdoor play area of 75 square feet per child, and provision of a pickup and drop-off area. The above requirement applies to pre-school age children up to Kindergarten. The applicant has indicated that 105 of the proposed 125ostudent population would fall into this category. The lot area represents 30,300 square feet, which exceeds the minimum lot area requirement of 7,500 square feet. A minimum floor area of 4,375 square feet would be required to accommodate the 125 students and 5,805 square feet is proposed, thus exceeding this requirement. The existing 8,000 square feet playground area can accommodate up to 106 preschool age children. The existing pickup and drop- off area located in front of the building is sufficient to accommodate the increased enrollment. Based on the above, the proposal either meets or exceeds the above requirements. Planning and Zoning Board Staff Report Conditional Use Approval- and Ferg's Academy Page 5 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 modification submittal will rest with the SPRAB (Site Plan Review and Appearance Board). Public Notice: Formal public notice has been provided to property owners within a 500 foot radius of the subject property. Letters of objection, if any, will be presented at the Planning and Zoning Board meeting. Courtesy Notice: Courtesy notices have been provided to the following homeowner's associations that have requested notice of developments in their areas: · PROD · Woods of Southridge Homeowners Association Letters of objection or support, if any, will be presented at the P & Z Board meeting. The proposed Conditional Use request involves the establishment of a private school for Bar and Ferg's Academy. The sketch plan indicates that the existing pre-school and kindergarten will be adding a 1,978 square foot building addition and 16 parking spaces. The maximum enrollment is 125 students accommodating children ages pre-school through 6th grade. The proposed use is consistent with the policies of the Comprehensive Plan and Chapter 3 of the Land Development Regulations. Positive findings can be made with respect to Section 2.4.5(E)(5) regarding compatibility of the proposed use with surrounding properties. A. Continue with direction and concurrence. Planning and Zoning Board Staff Report Conditional Use Approval - and Ferg's Academy Page 6 B. Recommend approval of the request for Conditional Use approval for Bar and Ferg's Academy, based upon positive findings with respect to Section 2.4.5(E)(5) (Compatibility) and Chapter 3 (Performance Standards) of the Land Development Regulations, and the policies of the Comprehensive Plan subject to conditions. C. Recommend denial of the Conditional Use approval for Bar and Ferg's Academy based upon a failure to make positive findings with respect to Section 2.4.5(E)(5) (Compatibility). Recommend approval of the request for Conditional Use for Bar and Ferg's Academy based upon positive findings with respect to Chapter 3 (Performance Standards) and Section 2.4o5(E)(5) of the Land Development Regulations, and the policies of the Comprehensive Plan subject to the following conditions: · That a site plan be processed that is in general conformance with the sketch plan. · That the maximum enrollment be limited to 125 students. Attachments: Sketch Plan .-,.,_-% ~,'- "Zl -.-~ r{~.-' . S.W. lOTH STREET S.E. lOTH - ' STREET I t DELRAY PLA CE PINE OROVE CONDOS EL EMEN TAR Y SCHOOL WILSON AVE. RE~GLE AVENUE FALL RIDGE FL ORAND,~ OF DELRAY STERLING AVENUE CENTRAL AVE, TRL PRK SOUTHRIDGE ROAD ~ COLLINS AVENUE GULF STREAM COMMERCIAL CENTRE LINTON TRUSS LIN TON THE RID GE PLA ZA CONDO COUNTY A T / SAN/TATION DELRA Y SECI. IR~ TY , LIN TON B OU LE V^R D ~ BAR & FERG'S ACADEMY CITY OF DELRAY BEACH, Fl PLANNING ~ ZONING DEPART~EN'f ---- DIGITAL BASE ~(~P SYSTEM -- MAP REF: LM324