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08-03-99 Regular AlI-Amedca City AUGUST 3, 1999 - 6:00 P.M.; PUBLIC HEARING 7:00 P.M. COMMISSION CRAMBERS ]993 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 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 o~ ~tems 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 th~ 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: Regular Meeting of July 20, 1999 6. Proclamations: A. Recognizing and commending Dana Sittler on her achievements and as a participant in (1) The Miss Pre-Teen Florida Scholarship and Recognition Program and {2) The Miss National Pre-Teen Program. 7. Presentations: A. Presentation by Mr. William Fay, Principal at Banyan Creek Elementary School, recognizing Mayor Jay Alperin and Assistant City Manager Robert A. Barcinski for their assistance to the elementary school. B. Presentation by Mr. Perry DonFrancisco - Delray Citizens for Delray Police Annual Scholarship Award to Daniel Flynn C. Presentation on the proposed Five Year Capital Improvement Program for FY 2000/2004. 8. Consent Agenda: City Manager recommends approval. A. INITIATION OF COMPREHENSIVE PLAN AMENDMENT 99-2: Formally initiate Comprehensive Plan Amendment 99-2 pursuant to LDR Section 9.2.1. B. FINAL PLAT APPROVAL/CONGRESS COMMERCE CENTRE: Approve the final subdivision plat for Congress Commerce Centre, being the replat of a portion of Lot 20, Block 1, Plat of Delray Shores, located at the southeast corner of Lake Ida Road and Congress Avenue. C. EXTENSION OF CONDITIONAL USE APPROVAL TO ESTABLISH AN ASSISTED LIVING FACILITY (ALF) AND ADULT DAY CARE FOR PALM GARDENS AT Regular Commission Meeting August 3, 1999 DELRAY: Approve a request to extend the conditional use approval for Palm Gardens at Delray, an Assisted Living Facility (ALF) and adult day care, for an additional eight (8) months (from April 20, 2000 to December 20, 2000). The subject property is located approximately 1,000 feet west of Military Trail and 280 feet south of West Atlantic Avenue. D. RATIFICATION OF SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD ACTIONS: Ratify the various actions approved by the South Central Regional Wastewater Treatment and Disposal Board at the quarterly meeting of July 15, 1999. E. MODIFICATION OF STANDARDS FOR APPROVAL/FINGER PIERS AT 1802 AND 1806 SOUTH OCEAN BOULEVARD: Approve modifications to the standards of approval pursuant to LDR Section 7.9.4(A) to allow the construction of finger pier docks extending 30 feet out from the property lines at 1802 and 1806 South Ocean Boulevard. F. FUNDING SUBSIDIES UNDER THE DELRAY BEACH RENAISSANCE PROGRAM: Approve funding subsidies in the total amount of $51,400.00 for three income eligible applicants under the Delray Beach Renaissance Program, with funding from 118-1924-554-83.01 (SHIP Program). These awards (one in the amount of $16,200, one in the amount of $15,200 and one in the amount of $20,000) represent the 87th, 88th and 89th homeownership assistance grants provided under the Renaissance Program. G. AMENDMENT TO CONSOLIDATED ACTION PLANS FOR FY 1996/97 AND 1997/98: Approve an amendment to the previously approved Annual Consolidated Action Plans for Fiscal Years 1996/97 and 1997/98 to allow for the use of unused dollars in the amount of $210,000 for two new activities/projects which are eligible in accordance with federal regulations governing CDBG dollars, and authorize submission of the amendment to the U.S. Department of Housing and Urban Development. H. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Land Development Boards for the period July 19th thru July 30, 1999. I. GREAT FLORIDIANS 2000 AWARD: Nominate Mr. C.Y. Byrd and Mr. Marshall DeWitt for the Great Floridians 2000 Award Program. If the nominees are selected, the City will be responsible for a $175 payment per designee to cover the cost of the marker. J. AWARD OF BIDS AND CONTRACTS: 1. Purchase award in the amount of $10,074 to Gateway 2000 for the purchase of six (6) replacement computers, and purchase award in the amount of $10,140 to Dell Computer Corp. for the purchase of one replacement server, both via Florida State Contract, for a total award of $20,214 for replacement computer equipment at the Municipal Golf -3- Regular Commission Meeting August 3, 1999 Course. Funding will be from 445-4761-527-64.11 (Municipal Golf Course Capital Outlay/Computer Equipment). 2. Purchase award in the total amount of $20,440.50 to Ferguson Underground, Inc., via City of Boynton Beach bid, for the purchase of meter box lids. Funding will be from 442-5178-536-52.31 (W&S Renewal & Replacement/Meter Replacement Program). 3. Purchase award in the amount of $12,637.00 to Hydro Pumps, Inc. (lowest of three quotes solicited) for the purchase of gearboxes and related machinery to convert the turbine drive on Clarifiers 1, 2 and 3 at the Water Treatment Plant to direct drive. Funding will be from 441-5143-536-46.20 (Water Maintenance - Equipment Maintenance). 4. Purchase award in the amount of $18,715.00 to Hewlett Packard, sole source provider, for the purchase of an RF Communications test set to be used by Environmental Services to locate locked-up radio transmitting units (RTUs) in the system, diagnose problems with RTUs and calibrate units for return to the system. Hewlett Packard is the sole manufacturer of this equipment which will be purchased direct from the factory. Funding will be from 441-5143-536-64.90 (Water Maintenance/Other Machinery & Equipment). 5. Contract award in the amount of $122,315.00 to Jam-Rock, Inc. (low bidder) for the Pineapple Grove Entrance project which includes reconstruction of N.E. 2nd Avenue (Pineapple Grove Way) from East Atlantic Avenue north to the first alley intersection. Funding for this project will be from 334-6111-519-63.90 (General Construction Fund - Pineapple Grove Streetscape), with $50,000 from the Community Redevelopment Agency and $25,000 from the Pineapple Grove Entrance Special Assessment District. 6. Contract award in the amount of $652,017.50 to Molloy Brothers, Inc. for utility improvements in the Seacrest/Del-Ida Park neighborhoods, subject to review and approval by the City Attorney, with funding in the amount of $479,415.00 from 442-5178-536-63.50 (W&S Renewal & Replacement/Water Line Upgrades) and $172,602.50 from 448-5461-538-63.97 (Stormwater Drainage/N.E. 12th Street). 9. Regular Agenda: A. ARCHITECTUR~tL ELEVATIONS FOR WALGREEN'S (OUTPARCEL AT CONGRESS SQUARE SHOPPING CENTER): Consider approval of the architectural elevations for a proposed Walgreens at an outparcel of the Congress Square Shopping Center located at -4- Regular Commission Meeting August 3, 1999 the southwest corner of West Atlantic Avenue and Congress Avenue. B. FINAL PLAT APPROVAL/DELRAY COMMONS: Consider approval of the final subdivision plat for Delray Commons, a replat to create a bank outparcel that is being sold from the original parcel. The subject property is located at the southwest corner of Military Trail and Atlantic Avenue. C. ADDITIONAL REOUEST FOR TEMPORARY USE PERMIT/1999 GARLIC FESTIVAL: Consider a request for a temporary use permit for the use of the Worthing Park parking lot for vendor parking from 3:00 p.m. on Friday, October 15th through 8:30 p.m. on Sunday, October 17th, for the 1999 Garlic Festival. D. RESOLUTION NO. 51-99 (BUDGET ADJUSTMENT): Consider approval of a resolution adjusting the FY 1999 budget to reflect the increase in revenue from the State for the SHIP Program under the Community Development Block Grant (CDBG) budget, approve miscellaneous adjustments to various accounts, and approve the associated budget transfers. E. ALTERNATIVE DATE FOR THE YEAR 2000 TOWN HALL MEETING: Provide direction on an alternate date for the Year 2000 Town Hall Meeting. F. SETTLEMENT OFFER/HEGSTROM CLAIM: Consider making a settlement offer for the referenced matter as recommended by the City Attorney's Office. G. APPOINTMENTS TO THE PLANNING & ZONING BOARD: Appoint three regular members to the Planning & Zoning Board for two year terms ending August 31, 2001. The appointments will be made by Mayor Alperin (Seat #5), Commissioner Schmidt (Seat #1), and Commissioner Archer (Seat #2). APPOINTMENTS TO THE SITE PLAN REVIEW AND APPEARANCE BOARD: Appoint two regular members to the Site Plan Review and Appearance Board for two year terms ending August 31, 2001. The appointments will be made by Commissioner Wright (Seat #3) and Commissioner Randolph (Seat #4). I. APPOINTMENTS TO THE HISTORIC PRESERVATION BOARD: Appoint three regular members to the Historic Preservation Board for two year terms ending August 31, 2001. The appointments will be made by Mayor Alperin (Seat #5), Commissioner Schmidt (Seat #1), and Commissioner Archer (Seat #2). J. APPOINTMENTS TO THE EDUCATION BOARD: Appoint two regular members to the Education Board for two year terms ending July 31, 2001. The appointments will be made by Mayor Alperin (Seat #5) and Commissioner Schmidt (Seat #1). 10. Public Hearings: Regular Commission Meeting August 3, 1999 A. CONSOLIDATED ACTION PLAN FOR FY 2000 ALLOCATION OF COM~I~NITY DEVELOPMENT BLOCK GRANT FUNDS: Conduct a public hearing and consider approval of the Consolidated Action Plan for Fiscal Year 2000 in compliance with federal guidelines governing the use of Community Development Block Grant (CDBG) funds. B. ORDINANCE NO. 28-99 (FIRST READING/FIRST PUBLIC HEARING): An ordinance amending Section 4.6.9, "Off Street Parking Regulations", Subsection (C), "Number Of Parking Spaces Required", dealing with parking requirements for certain mixed use projects. C. REQUEST FOR SIGN CODE WAIVER/ATLANTIC REFRIGERATION: Conduct a public hearing and consider a request for a waiver to the provisions of LDR Section 4.6.7(E) (7) of the sign code to allow two proposed flat wall signs for Atlantic Refrigeration, 1255 N.W. 17th Avenue, which exceeds the maximum number of signs permitted by code. D. ORDINANCE NO. 27-99 (FIRST READING/TRANSMITTAL HEARING FOR COMPREHENSIVE PLAN AMENDMENT): An ordinance adopting an amendment to the Comprehensive Plan to address the siting of public school facilities and policies regarding intergovernmental coordination. 11. Comments and Inquiries on Non-Agenda Items from the Public- Immediately following Public Hearings. A. City Manager's response to prior public comments and inquiries. B. From the Public. 12. First Readings: A. ORDINANCE NO. 29-99 (POLICE & FIRE RETIREMENT PLAN): An ordinance amending Chapter 33, "Police and Fire Departments", Subheading "Pensions", of the City Code to enhance certain retirement benefits to participants of the Police and Firefighter's Retirement Plan by increasing certain multipliers, by allowing changes in the beneficiary after the retirement date and eliminating offsets for disability retirees. If passed, a public hearing will be scheduled for August 17, 1999. B. ORDINANCE NO. 30-99 (GENERAL EMPLOYEES RETIREMENT PLAN): An ordinance amending Chapter 35, "Employee Policies and Benefits", Subheading "Retirement Plan", of the City Code to enhance certain retirement benefits to certain participants of the General Employees Retirement Plan by changing the normal retirement date, providing for no employee contributions, providing interest on contributions withdrawn by participants prior to their normal retirement date and by providing for a Deferred Retirement Option Plan. If passed, a public hearing will be scheduled for August 17, 1999. -6- Regular Commission Meeting August 3, 1999 13. Comments and Inquiries on Non-Agenda Items. A. City Manager B. City Attorney C. City Commission MEMORANDUM TO: Mayor and City Commissioners FROM: David T. Harden, City ManagerZ)~/1 SUBJECT: Additional Material for the August 3rd Regular Meetin~ DATE: August 2, 1999 Attached please find the following information for consideration at tomorrow night's regular meeting: 1. Minutes of the Regular Meeting of July 20, 1999. 2. Related to Item 12.A., Ordinance No. 29-99 concerning the Police and Fire Retirement Plan, information on a request from the I.A.F.F. that the provisions of the amended ordinance be applicable to those members already retired or enrolled to retire under the DROP plan. If you have any questions, please do not hesitate to contact me. DTH/AMH/m Enclosures DELRAY BEACH SIGN IN SHEET ~,-~~ City Commission Meeting of , :t999 Please print the information requested below FU~.L NAME. ~ ~ COMPANY YOU REPRESENT AGENDA ITEM £1TV DF DELRI:IV BEI:IgH DELRAY BEACH , t , o ^ 100 N.W. lst AVENUE · DELRAY BEACH, FLORIDA 33444 · 407/243-7000 .' '. 1993 WHEREAS, Dana Elizabeth Kathleen Sittler is the daughter of Kathy and Conrad Sittler and has lived her entire young life in Delray Beach; and WHEREAS, as an "A" student at Advent Lutheran Elementary School, Dana was honored as Ist in her class for the last 5 academic years and earned Academic Honor Roll 30 consecutive times. She has been selected to begin the sixth (6th) grade this August at the Middle School of the Arts of the Palm Beach County School District, majoring in Dance; and WHEREAS, Dana is also an active contributor to community service, having volunteered 117 hours to her church and community in the past 12 months. Dana was honored with the School-Wide Fund Raising Award for 1998-1999, was selected as Student of the Month, October 1998, for D.A.R.E., and was a member of the School Choir, Cheerleading Team and Safety Patrok and WHEREAS, Dana is an accomplished ballet student having performed in 33 professional and civic ballets in the past 3 years including "The Nutcracker", "Swan Lake", "The Sleeping Beauty'; "Romeo & Juliet'~ and "Giselle"; and WHEREAS, based on her academic excellence, dance achievements and personal accomplishments, Dana has been selected to participate as a State Finalist in The Miss Pre-Teen Florida Scholarship and Recognition Program to be held in Tampa from August 12-15, 1999. NOW, THEREFORE, I, JAY ALPERIN, Mayor of the City of Delray Beach, Florida, on behalf of the City Commission and citizens of Delray Beach, do hereby recognize and commend DANA SITTLER for her many and varied accomplishments, congratulate her on her achievements as a fine example of the best of Delray Beach, and wish her the best in all of her endeavors. 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 3rd di~y of August, 1999. Jay A lperin Mayor EFFORT ALWAYS MATTERS £1TV D; DELRfi¥ BEflCH , DELRAY BEACH  100 N.W. 1st AVENUE · DELRAY BEACH, FLORIDA 33444 · 40?/243-7000 1993 WHEREAS, Dana Elizabeth Kathleen Sittler is the daughter of Kathy and Conrad Sittler and has lived her entire young life in Delray Beach; and WHEREAS, as an ",4" student at Advent Lutheran Elementary School, Dana was honored as 1st in her class for the last 5 academic years and earned Academic Honor Roll 30 consecutive times. She has been selected to begin the sixth (6th) grade this August at the Middle School of the Arts of the Palm Beach County School District, majoring in Dance; and WHEREAS, Dana is also an active contributor to community service, having volunteered 117 hours to her church and community in the past 12 months. Dana was honored with the School-Wide Fund Raising Award for 1998-1999, was selected as Student of the Month, October 1998, for D.A.R.E., and was a member of the School Choir, Cheerleading Team and Safety Patrol; and WHEREAS, Dana is an accomplished ballet student having performed in 33 professional and civic ballets in the past 3 years including "The Nutcracker", "Swan Lake", "The Sleeping Beauty'; "Romeo & Juliet'~ and "Giselle"; and WHEREAS, based on her academic excellence, dance achievements and personal accomplishments, Dana has been selected to participate as a State Finalist in The Miss National Pre-Teen Program to be hem in Orlando from September 9-12, 1999. NOW, THEREFORE, I, JAY ,4LPERIN, Mayor of the City of Delray Beach, Florida, on behalf of the City Commission and citizens of Delray Beach, do hereby recognize and commend DANA SITTLER for her many and varied accomplishments, congratulate her on her achievements as a fine example of the best of Delray Beach, and wish her the best in all of her endeavors. 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 3rd day of August, 1999. Jay A lperin Mayor EFFORT ALWAYS ~/IATTERS Mr. & Mrs. E. Conrad Sittler Jr. 1011 Lewis Cove Road Delray Beach, Florida 33483 561/276-8728 July 7, 1999 The Honorable Jay Alperin Mayor of the City of Delray Beach CITY OF DELRAY BEACH 100 Northwest 1st Avenue Delray Beach, FL 33444 Subject: City Sponsorship For Miss Dana Sittler's Participation in The Two (2) 1999 Miss Florida Pre-Teen Program Pageants Dear Mayor Alperin: Thank you for your time and courtesy during our conversation regarding the above subject. As you suggested, I have moved forward on this matter by delivering a letter to David Harden. A photocopy of that letter is attached for your information and review. If you have any questions, please give me a call at 276-1442 or 276-8728. Thanks again for speaking with me. We look forward to hearing from you and the City. Sincerely, E. Conrad Sittler Jr. Attachment elraysponsorcom I 01 ! Lewis Cove Road Dclrav Beach, Florida 33483 561/276-8728 July 7, 1999 Mr. David T. Harden City Manager CITY OF DELRAY BEACH 100 Northwest I ~t Avenue Delray Beach, FL 33444 Subject: City Sponsorship For Miss Dana Sittler's Participation in The Two (2) 1999 Miss Florida Pre-Teen Program Pageants Dear Mr. Harden: The purpose of this letter is to request consideration by the City Commission of The City of Delray Beach in respect to City sponsorship of our daughter, Dana Sittler, for her upcoming participation in two Miss Pre-Teen program pageants. Background: Yesterday, Tuesday, July 6, I spoke briefly with Mayor Alperin to discuss the possibility of City sponsorship for Dana. He said that he might consider such an idea and that he might support same in the Commission. He also suggested that you were the person to whom first contact should be made. In addition, I spoke with Ms. Susan Ruby, City Attorney, to inquire as to the matter of a conflict of interest with my volunteer duties as SPRAB chairman. Her initial read was that there was no conflict. She also advised that you were the proper person of first contact. Who is Dana Sittler? Dana Sittler is our daughter. She was born in Delray Beach and has lived on Lewis Cove her entire young life. She is 10 years old (she'll be 11 at contest times), an "A" student at Advent Lutheran Elementary, School, and will be entering the 6th ~ade at the Middle School of the Arts in August, 1999. She is quite an accomplished ballet student. Her resume of achievements is attached to this letter. What are the 2 Miss Pre-Teen Program Pageants all about? Both programs will be held in Florida to select the winning Miss Pre-Teen Florida. Both will then have a national program to select Miss Pre-Teen America. Both are national programs of high repute (we've checked them out). Both programs concen- trate their selection and awards solely on academic excellence and personal accomplishments. These are not beauty pageants. One program will take place in Tampa from August 12 -15; 1999, and the other will be in Orlando, September 9-12, 1999. How did Dana get selected? As parents we knew nothing of these programs. We did not apply to these programs. Dana was selected based on published articles of her academic and dance achievements. The invitations came directly to her school and were given to her by her fifth grade homeroom teacher. We then filled out documents and sent copies of the resume that is attached to this letter. Later we learned that she had been selected as a State Finalist in both programs. Page 1 of 2 pages Subject: City Sponsorship For Miss Dana Sittler's Participation in The Two (2) 1999 Miss Florida Pre-Teen Program Pageants continued What is so special about this situation? This is truly a unique situation. Dana is the only girl ever to be a tinalist in these 2 programs in the same year. She is the only finalist t?om Delray Beach in either progran~ and lof4 from Palm Beach County overall. She has been recognized and invited by people who know only achievements and excellence. Consider this: Dana's school day began at 8:00 a.m. and ended at 3:00 p.m.. ibllowed by 2 to 31/2 hours of ballet class, followed by literally hundreds of hours of rehearsal for the 34 professional ballet performances in which she has participated over the last three years, and still she managed to crank out the "A's and live a normal life as a 10 year old. (Please see her resume.) How could the City of Delray Beach recognize and reward such excellence? Based on my brief conversations with the Mayor and Ms. Ruby, the following ideas are presented: (The basic assumption is that there exists no specific policy or precedent for sponsorship of an individual such as Dana.) Recognition: A proclamation from the City Commission and/or the Mayor congratulating her and stating the City's desire to sponsor her for each event might be appropriate. Two such proclamations would be in order so that she can so state at the events. In the "event programs" it would state that the City. is sponsoring her. Rewards: The sponsorship fees for the 2 programs are $295.00 and $275.00 respectively. However money is not the issue here. We have already paid all required fees, hotels, etc. so that Dana's attendance and participation are not dependent on receiving City funds. If it is possible to support her hard work and endeavors at these 2 events in some monetary fashion - that would be great. In Summary: Dana really is a lovely young lady. She would be proud, thrilled and honored to represent the City of Delray Beach. We believe that she will do very well at these programs and, that she would be a wonderful spokesperson and example of the best of Delray Beach. Thank you for your consideration of our request. If you have any questions, please give me a call at 276- 1442 or 276-8728. We look forward to hearing from you. E. Conrad Sittler Jr. Attachments cc: Mayor Alperin City Commissioners Ms. S. Ruby Page 2 of 2 pages \delr~ sponsor Attachment to the'Official Appli~ation~ Page I o1'2 pages For The Miss Pre-Teen Florida-Scholarship and Recognition Program and for The Miss National Pre-Teen Program NAME: Miss Dana Sittler A. Academic Honors: Academic Honor Roll every quarter and every semester since beginning the First Grade; first in her Class. Student of the Month. December, 1998, tbr D.A.R.E.; Outstanding Student Award; 2na place at Advent Lutheran School for school fund raising. Selected to begin the sixth (6t~) grade at the Middle School of the Arts of the Palm Beach County School District, majoring in Dance. B. Participation in the Arts: - Ballet, Jazz and Modem: Chronology of performances: I) Boca Ballet Theatre's "Romeo and Juliet" with the Boca Ballet Theatre (BBT), July, 1996, role: Flag Corps for the Duke of Verona, at The Olympic Heights Performing Arts Theater, Boca Raton, Florida. 3 Performances. 2) George Balanchine's "The Nutcracker" with The Miami City Ballet, Christmas, 1996, role: Party_ Child, at The Kravis Center For The Performing Arts, West Palm Beach, Florida. 6 performances. 3) BBT's "The Nutcracker" with the Boca Ballet Theatre, Thanksgiving 1996, role: Bon- Bon, at The Olympic Heights Performing Arts Theater,Boca Raton, Florida. 2 per- formances. 4). BBT's "Swan Lake" with the Boca Ballet Theatre July, 1997, role: Peasant Dance Corps, .at The Olympic Heights Performing Arts Theater, Boca Raton, Florida.. 3 per- formances. 5) George Balanchine's "The Nutcracker" with The Miami City Ballet, Christmas, 1997, role: Soldier, at the Kravis Center For the Preforming Arts, West Palm Beach, Florida. 6 performances. 6) BBT's "The Nutcracker' with the Boca Ballet Theatre, Thanksgiving, 1997, role: Party Chil& at The Olympic Heights Performing Arts Theater, Boca Raton, Florida. 2 per- formances. 7) BBT's "The Sleeping Beauty" with the Boca Ballet Theatre, July, 1998, role: Minion of the evil Carabouse Fairy_, at The Olympic Heights Performing Arts Theater, Boca Raton, Florida. 3 performances. 8) George Balanchine's "The Nutcracker" with the Miami City Ballet, Christmas, 1998, role: Polichinelle, at The Kravis Center For The Performing Arts, West Palm Beach, Florida. 6 performances. 9) BBT's "The Nutcracker" with the Boca Ballet Theatre, Thanksgiving, 1998, role: Soldier at The Olympic Heights Performing Arts Theater. Boca Raton, Florida. 3 per- formances. x ,~,(/ l'agc 2 of 2 pages B. Participation in the Arts: - Ballet, Jazz & Modem - Chronology of performances: continued 10) BBVs "Giselle" with thc Boca Ballet Theatre, July 3 I, 1999, and August I, 1999, role: Village Girl. at thc Olympic Heights Performing Arts Theatre. 2 pcrlbrmances. I I) 2 School talent shows: Choreographed and pertbrmed I dance number in 1997, and 2 dance numbers in 1999, plus 7 other dance recitals of Ballet, Jazz and Modem. C. School Clubs/Organizations: Middle School Cheerleader; Middle School Choir: Dixie Bells Hand Bell Choir; and School Safety Patrol. D. Church/Community Activities: Advent Lutheran Church and Advent Lutheran Ele- mentary and Middle School: numerous church and school-sponsored charitable activities associated with church and school. Advent Lutheran Church and Advent Lutheran School are very_ active in the Boca Raton/Delray Beach Community. \danaapp3 From~'CONRAD~SITTLER Fax: +1(561)276-1442 To: Ms. Nilza Madden Fax: 243-3774 Page 6 olr 6 Thursday, July29. 1999 11:09AM SUMMARY Of INFORMATION NAME OANA ELIZABETH/~A THL~EN $/TTLER AGE __! 0 HOMETOWN O[LRA Y PRESENT SCHOOL ADVENT ~UTH~RAN EL~ENTARY/~IDDLE ~CNOOL NEXT YEAR SCHOOL ~IDDL~ ~CHOOL OF THE ~RTS GRADE PARENTS ~A THY AND CONRAD SITTLER CAREER CHOICE/FUTURE PLANS PRI~A ~ALLERINA AN~ COMPUTER SPECIAL ~OFT~ARE ~N~INEER ACTIVITIES/HONORS RECEIVED ~.__ ~IL~ BE COMPETING IN TEO (2) ~lSS PRE-T[EN PROGRA~ PAGEANTS; ~ISS PRE- TEEN A~ERICA FLORIflA IN TAMPA - AUGUST lO-J~ ~, AND ~ISS NATIONAL PRE-TEEN ~LO~IDA /~ ORLANDO- SEPTEMBER ~-5~ ~. HAS P[RFOR~[fl IN ~ P~O[[SSlONAL & CIVIC ~ALLET¢ /N ~H~ PAST ~ ~EARS INCLUfllNG "~HE NUTCRACKER", "~AN LAKE'; '~HE SLEEPING ~EAUTY'; "RO~EO & ~ULIET", & '~ISELLE". ~. __ ~A5 HONORED AS JST IN HER CLASS FOR LAST 5 ACAflE~/C YEAR~. 4. E~RNEfl ~CA~E~IC ~ONOR ROLL ~0 CONSECUr/FE TI~ES. HAS ~IFEN ~ 7 HOURS O~ ~OLUNT[ER ~ERFICE ~0 ~HURCH & CO~UNITY IN PAST ~AS HONORED ~ITH SCHOOL-~IDE ~UNfl RAISING A~ARfl~ ~AS SELECTED AS 5TUfl[NT OF THE ~ONTH, OCTOBER, ~, FOR ~.. __~AS ~E~B[R OF SCHOOL CHOIR, CH[[RL[AfllN6 ~E4~ ANti SCHOOL SAFETY PATROL. Ill~ <. -+ 0 ITl 0 m Z "3 0 (~ (n 13" Z C (1) fl) O ~) 0a) · ,< o ~J .< TO: DA~D~AGER THRU: DIAN~ DOMINGUEZ, DIREC~TJOF PLANNING & ZONING FROM: PAUL DOR~NClPAL PLANNER SUBJECT: MEETING OF AUGUST 3, 1999 ** CONSENT AGENDA** INTIATION OF COMPREHENSIVE PLAN AMENDMENT 99-2 The action requested of the City Commission is initiation of Comprehensive Plan Amendment 99-2. Pursuant to LDR Section 9.2.1, amendments to the Plan must be formally initiated by the City Commission. Chapter 163, Florida Statutes, limits regular amendments to the Comprehensive Plan to a twice-a-year cycle. This will be the City's second amendment for 1999. This amendment generally focuses on updating the work program in the Plan; updating the status of various objectives and policies; corrections and general housekeeping; and amendments to the Future Land Use Map. The items suggested for inclusion in the Plan Amendment are listed below: 1. City initiated Future Land Use Map amendments related to the recently adopted Southridge Redevelopment Plan. 2 Modification of Future Land Use Element Policy C-2.5 relating to the completion of the Southridge Redevelopment Plan. 3. Modification of Future Land Use Element Policy C-1.4 relating to the completion of the Federal Highway Redevelopment Plan. 4. Update of the map series within the Plan to reflect municipal boundary changes. Planning and Zoning Board Staff Report Recommendation to the City Commission Regarding the Initiation of Plan Amendment 99-2 Page 2 5. Minor text changes which include: · Correction of a reference to Table L-6 on page FL-40 (the correct reference is table L-7) · Modification of the Residential Neighborhood Categorization Map in the Housing Element to clarify the boundaries between the downtown commercial uses and adjacent stable residential neighborhoods. · Corrections on Table T-1 of the Transportation Element to reflect existing ultimate right-of-way widths, and modified or completed improvement schedules. The tentative schedule for processing Plan Amendment 99-2 is as follows: August 16, 1999 Planning and Zoning Board Public Hearing August 17,1999 City Commission Transmittal Public Hearing Early October Receipt of ORC Report Mid November Adoption The Planning and Zoning Board considered the initiation request at their meeting of July 19, 1999. There was no discussion by the public and the Board unanimously recommended approval on a 5-0 vote. By motion, approve the initiation of Comprehensive Plan Amendment 99-2, containing the material stated in this staff report. Adv/comp/99-2int2 MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER ~% { SUBJECT: AGENDA ITEM #~ -REGULAR MEETING OF AUGUST 3~ 1999 FINAL PLAT APPROVAL/CONGRESS COMMERCE CENTRE DATE: JULY 26, 1999 This is before the Commission to approve the final subdivision plat for Congress Commerce Centre, a proposed industrial park to be located at the southeast corner of Lake Ida Road and Congress Avenue. The site contains 12.61 acres. The project was approved by the Site Plan Review and Appearance Board on April 29, 1998. A condition of approval was that a subdivision plat be recorded prior to the issuance of any building permits. Ail technical and staff comments have been addressed and the plat is ready for approval. Recommend approval of the final subdivision plat for Congress Commerce Centre. Ref:AGMEMO10.Congress Commerce Centre Plat City Of Delray Beach Department of Environmental Services M E M 0 R A N D U M TO: David T. Harden, City Manager FROM: Barron Caronite, PE, Asst. City Engineer.~~~ / - DATE: July 16, 1999 SUBJECT: Congress Commerce Center Plat Please find the a agenda request for Commission approval of the plat for Congress Commerce Center attached. I have also enclosed a location map, and a reduced copy of the plat. The site is located on the Southeast corner of the intersection of Lake Ida Road and Congress Avenue. Site plan approval was granted on April 29, 1998 by the Site Plan Review and Appearance Board. If this meets with your approval, please place it on the August 3, 1999 Commission meeting for Commission approval. File: S:/engadmin/tac/congress commerce center/agmemo.doc cc: Randall Krejcarek, P.E., City Engineer Scott Pape, Planning/Zoning Paul Dorling, Planning/Zoning TAC: Congress Commerce Center t I ~ CITY of DELRAY BEACH l[CONGRESS COMMERCE I~ ~,,,,~,~,u=~*~ ~DEPARTMEN~' II CENTER PLAT I ~ '-'~'-~-""-'-'-";~~'--'"-~~~ II LOCATION MAP II 99-200 ] omZn :'"''";' '~"~' ~i~P~~ i~ ~ ~=~ ~ ~ ~' '-~,-,'~'~,,4~- ,.. · . ~i~~ I~= ~-'~- !~!: " .... ""' ? !~~ ~ ~ ~ ~ , ..... . .... . :"i iii '. .'-:'.,ii~i~i ~:'~;'~ iii ':' ~i~l ~ ~ o .. : .ee.~ ~ .ff~ 2o~.~ggo OOo "'. ~'' ..:,: . ~ ~ :"'""'~' ' ~ i!~: !:; : ,:o ~ ill , o ~ · -"': '.<: : o ~ .~., g Ocm -:,- L: ~ ,.: ~.::- fi )[:, -- ~ ~"' ,' ' ' ' ' '' ' ' ' I '' ` ' ' I I I ~ I~i / ~I ,, ..,... . ;~ , ' _ II O~Z · / , ,'-, ;; · j ~: ; z o o .....~...., ~.- [~ : : ~ ,, .~.-........ :: .::.. ~ - . ~ - ~ _ ~ / L4KE IDA ;.' · / -~.~"( ~~' ...~/ ~ I ~1 l/ i ~ TO: DAVID T. HARDEN, CITY MANAGERNI~N~~ THRU: DIA~NE DOMINGUEZ, PLANNING AND ZO FROM: JAI~T MEEKS, SENIOR PLANNER SUBJECT: MEETING OF AUGUST 3, 1999 REQUEST FOR AN EXTENSION OF A CONDITIONAL USE APPROVAL TO ESTABLISH AN ASSISTED LIVING FACILITY (ALF) AND ADULT DAY CARE FOR PALM GARDENS AT DELRAY, LOCATED 280' SOUTH OF WEST ATLANTIC AVENUE, APPROXIMATELY 1,000' WEST OF MILITARY TRAIL , At its meeting of October 20, 1998, the City Commission approved a Conditional Use request to establish an Assisted Living Facility (ALF) and Adult Day Care for a project to be known as Palm Gardens at Delray. The 3-phased development proposal includes the construction of a 176,800 square foot ALF consisting of 264 units/288 beds and a 32,656 square foot ALF for patients who are memory impaired (i.e. Alzheimer's), consisting of 52 units/56 beds and adult day care with a capacity of 20 patients. While the Conditional Use approval is valid until April 20, 2000, the applicant is requesting that an additional 8 month extension (December 20, 2000) be granted in order to secure financing for the project. Additional background and an analysis of the original request are found in the attached Planning and Zoning Board Staff Report. Pursuant to LDR Section 2.4.4(F)(1) (Extensions), extensions may be granted to the previously approved application pursuant to the following: · A written request for an extension must have been received by the City at least forty-five (45) days prior to the expiration date; · The letter must set forth the basis and reason for the extension; · The extension shall be considered by the same body which granted the original approval; · The extension, if granted, shall be for eighteen (18) months unless otherwise stated. Additionally, when an extension is requested for a project on which construction has not commenced the granting body must make findings as outlined in Article 3.1 of the LDRs. These are the same findings that were made for the original approval, which relate to Consistency with the Future Land Use Map and Comprehensive Plan, Concurrency, and Compliance with the Land Development Regulations. The letter of request (copy attached) was submitted by the developer in a timely manner. The basis and reason for the extension is as follows: SPRAB Brief Conditional Use Extension for Palm Gardens at Delray Page 2 "It is imperative that we request a time extension to December 2000, as our site plan and construction documents have changed. Our lender requests a letter from the City acknowledging this extension so we have enough time to get the financing in place with approved plans and we can begin construction by April 2000". There have been no changes in the Land Development Regulations since the time of the original approval which would make any aspect of the proposed Palm Gardens ALF nonconforming. Similarly, the original findings of Concurrency can be reaffirmed with respect to the Level of Service Standards [LDR Article 3.1]. If the request for the extension were denied and the project is not at least 25% completed by the current expiration date a new Conditional Use application would have to be filed. It is the applicant's opinion that due to delays that have already been experienced the project will not be vested by the expiration date. Staff supports the requested 8 month extension, to insure adequate time is available for securing financing for the project, and to have at least 25% of the construction completed prior to its expiration date. I I 1. Continue with direction. 2. Deny the Conditional Use extension request for Palm Gardens at Delray on the basis that construction in the field has not been diligently pursued. Such an action will likely necessitate the filling of a new Conditional Use application. 3. Grant the Conditional Use extension for Palm Gardens at Delray for an additional 8 months, (until December 20, 2000), subject to the original conditions of approval. By motion, Grant the Conditional Use Extension Request to establish an ALF and Adult Day Care for Palm Gardens at Delray for an additional 8 months (until December 20, 2000), subject to the following conditions: 1. That the ALF be limited to 316 units/344 beds, and the adult day care to 20 patients. 2. That the vehicular circulation be as depicted on Concept A as presented by the applicant. 3. That the buildings be designed as shown on Concept A. 4. That a decorative fence or wall be provided along the east, west and south property lines where it abuts the single family subdivisions. 5. That the site plan reflect the 20' right-of-way dedication for the LWDD. 6. That the site plan indicates where the mitigation areas are to be located. 7. That a 20' buffer be provided on the east, south, and west property lines. Attachments: * Extension Request Letter * P&Z Staff Report Dated September 28, 1998 13289A VIA VULCANU$ TEL / FAX 561"-,499-2042 A~D/z~N~ Ioo ~4,,v~,, p~ AVE, PZ4/I//I///I/~, ~ ZO/I///I/~ M EM ORA ND UM TO: MAYOR AND CITY COMMISSIONERS FROM: CITYMANAGER~t SUBJECT: AGENDA ITF24 #~ - REGULAR MEETING OF AUGUST 3, 1999 RATIFICATION OF SOUTH CENTRAL REGIONA/~ WASTEWATER TREATMENT AND DISPOSAL BOARD ACTIONS DATE: JULY 26, 1999 This is before the City Commission to ratify various actions approved by the South Central Regional Wastewater Treatment and Disposal Board on July 15, 1999. By a vote of 8 to 0, the SCRWTD Board approved the following: · Acceptance of Fiscal Year 1999/2000 Wastewater Operations & Maintenance Rate of $0.5805 per 1,000 gallons and $0.112 per 1,000 gallons for Reserve Fund Rate totaling $0.6925 per 1,000 gallons. Acceptance of 1999/2000 Wastewater Operations & Maintenance and Reserve Fund Budgets in the amount of $3,174,000 for Operations & Maintenance and $100,000 for Reserve Fund. Acceptance of 1999/2000 Reuse Water Operating Budget of $315,000. Authorization to expend $5,800 from Reserve Fund on an emergency basis to replace Flask Scrubber in Laboratory. · Authorization to expend $10,000 from Reserve Fund on an emergency basis to repair electric motor on #6 600 HP Effluent Pump. · Authorization to increase amount appropriated (from Reserve Fund) for improvements to the Sludge Management Facility by an additional $170,000 ($1,350,000 + $170,000 = $1,520,000). · Authorization to increase Hazen & Sawyer's upper limit for engineering services for improvements to the Sludge Management Facility from $257,662 to $267,662; with monies appropriated from Reserve Fund in S(9). · Authorization to increase Widell, Inc. contract to complete improvements to Sludge Management Facility by $152,093 (from $1,088,010 to $1,240,103); with monies appropriated from Reserve Fund in G(9) . Widell proposals 3 through 8. Recommend ratification of the actions approved by the SCRWTD Board on July 15, 1999. Ref:AGMEMO16.SCRWTD Board.7.15.99 SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD 1801 North Congress Avenue · Delray Beach, Florida 33445 BOARD ~ Telephone City Council Members of (561) 272-7061 (561) 734-2577 Boynton Beach & Delray Beach Fax: (561) 265-2357 E-mail: scrwwtp@ ix.netcom.com Iq EiqO RAN D Ulq TO: City Clerk's Office, City OF Delray Beach FROM: Mary Ann Shumilla ~?~// DATE: July 19, 1999 ~ RE: RATIFICATIONS FOR SIGNATURE Attached are Ratifications from the Quarterly Annual Meeting of July 15, 1999 which require signatures. Would you place these on the Agenda for your next Commission meeting. Would you contact me at 272-7061 when the Ratifications are executed. Thank you. RATIFICATION OF SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD ACTION OF JULY 15, 1999 WHEREAS, the South Central Regional Wastewater Treatment and Disposal Board did on July 15, 1999, by a vote of 8-0, approve Acceptance of Fiscal Year 1999/2000 Wastewater Operations & Maintenance Rate of ~0.5805/1,000 gal. and ~0. 112/1,000 Gal. for Reserve Fund Rate Totaling ~0.6925/1,000 gal. WHEREAS, said Board action requires ratification by the City of Boynton Beach and the City of Delray Beach. NOW, THEREFORE, the City of Boynton and the City of Deiray Beach hereby ratify said Board action independently. The above action is hereby ratified in open session by the City of Delray Beach this ~ day of , , by a vote. CITY OF DELRAY BEACH By: Mayor Attest: City Clerk Approve as to form: City Attorney RATIFICATION OF SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD ACTION OF JULY 15, 1999 WHEREAS, the South Central Regional Wastewater Treatment and Disposal Board did on July 15, 1999, by a vote of 8-0, approve Acceptance of 1999/2000 Wastewater Operations & Maintenance and Reserve Fund Budgets in the Amount of ~3, 174,000 0 & M and ~100,000 for Reserve Fund. WHEREAS, said Board action requires ratification by the City of Boynton Beach and the City of Delray Beach. NOW, THEREFORE, the City of Boynton and the City of Delray Beach hereby ratify said Board action independently. The above action is hereby ratified in open session by the City of Delray Beach this ~ day of , , by a vote. CITY OF DELRAY BEACH By: Mayor Attest: City Clerk Approve as to form: City Attorney RATIFICATION OF SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD ACTION OF JULY 15, 1999 WHEREAS, the South Central Regional Wastewater Treatment and Disposal Board did on July 15, 1999, by a vote of 8-0, approve Acceptance of 1999/2000 Reuse Water Operating Budget of ~315,000. WHEREAS, said Board action requires ratification by the City of Boynton Beach and the City of Delray Beach. NOW, THEREFORE, the City of Boynton and the City of Delray Beach hereby ratify said Board action independently. The above action is hereby ratified in open session by the City of Delray Beach this ~ day of , , by a vote. CITY OF DELRAY BEACH By: Mayor Attest: City Clerk Approve as to form: City Attorney RATIFICATION OF SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD ACTION OF JULY 15, 1999 WHEREAS, the South Central Regional Wastewater Treatment and Disposal Board did on July 15, 1999, by a vote of 8-0, approve Authorization to Expend ~5,800. from Reserve Fund On An Emergency Basis To Replace Flask Scrubber In Lab. WHEREAS, said Board action requires ratification by the City of Boynton Beach and the City of Delray Beach. NOW, THEREFORE, the City of Boynton and the City of Delray Beach hereby ratify said Board action independently. The above action is hereby ratified in open session by the City of Delray Beach this ~ day of , , by a vote. CITY OF DELRAY BEACH By: Mayor Attest: City Clerk Approve as to form: City Attorney RATIFICATION OF SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD ACTION OF JULY 15, 1999 WHEREAS, the South Central Regional Wastewater Treatment and Disposal Board did on July 15, 1999, by a vote of 8-0, approve Authorization to Expend ~10,000. From Reserve Fund on an Emergency Basis to Repair Electric Motor on #6 600 HP Effluent Pump. WHEREAS, said Board action requires ratification by the City of Boynton Beach and the City of Delray Beach. NOW, THEREFORE, the City of Boynton and the City of Delray Beach hereby ratify said Board action independently. The above action is hereby ratified in open session by the City of Delray Beach this ~ day of , , by a vote. CITY OF DELRAY BEACH By: Mayor Attest: City Clerk Approve as to form: City Attorney RATIFICATION OF SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD ACTION OF JULY 15, 1999 WHEREAS, the South Central Regional Wastewater Treatment and Disposal Board did on July 15, 1999, by a vote of 8-0, approve Authorization to Increase Amount Appropriated (from Reserve Fund) for Improvements to the Sludge Management Facility by an Additional $170,000. (1,350,000 + 170,000 = 1,520,000). WHEREAS, said Board action requires ratification by the City of Boynton Beach and the City of Delray Beach. NOW, THEREFORE, the City of Boynton and the City of Delray Beach hereby ratify said Board action independently. The above action is hereby ratified in open session by the City of Delray Beach this ~ day of , , by a vote. CITY OF DELRAY BEACH By: Mayor Attest: City Clerk Approve as to form: City Attorney RATIFICATION OF SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD ACTION OF JULY 15, 1999 WHEREAS, the South Central Regional Wastewater Treatment and Disposal Board did on July 15, 1999, by a vote of 8-0, approve Authorization to Increase Hazen & Sawyer's Upper Limit for Engineering Services for Improvements to the Sludge Management Facility from ~257,662 to ~267,662. Monies appropriated from Reserve Fund in G (9). WHEREAS, said Board action requires ratification by the City of Boynton Beach and the City of Delray Beach. NOW, THEREFORE, the City of Boynton and the City of Delray Beach hereby ratify said Board action independently. The above action is hereby ratified in open session by the City of Delray Beach this ~ day of , , by a vote. CITY OF DELRAY BEACH By: Mayor Attest: City Clerk Approve as to form: City Attorney RATIFICATION OF SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD ACTION OF JULY 15, 1999 WHEREAS, the South Central Regional Wastewater Treatment and Disposal Board did on July 15, 1999, by a vote of 8-0, approve Authorization to Increase Widell, Inc. Contract to Complete Improvements to Sludge Management Facility by ~152,093 from ~1,088,010 to ~1,240, 103. Monies appropriated from Reserve Fund in G (9). Widell Proposals 3 through 8. WHEREAS, said Board action requires ratification by the City of Boynton Beach and the City of Delray Beach. NOW, THEREFORE, the City of Boynton and the City of Delray Beach hereby ratify said Board action independently. The above action is hereby ratified in open session by the City of Delray Beach this ~ day of , , by a vote. CITY OF DELRAY BEACH By: Mayor Att est: City Clerk Approve as to form: City Attorney Memo To: David Harden, City Manager .v/~ From: Lula Butler, Director, Community Improvement Date: July 27, 1999 Re: Request for City Commission Approval of Two 30-Foot Finger Piers Located at 1802 and 1806 South Ocean Blvd. ITEM BEFORE THE COMMISSION: City Commission approval of modifications to the standards under Section 7.9.8 goveming Finger Piers pursuant to Section 7.9.4 (A) of the Land Development Regulations. BACKGROUND: Ray Qualmann Marine Construction Company, acting as the agent for the owners of the properties referenced above, is requesting a vadance from the City Commission, which would provide for a 5-foot waiver to the maximum 25 feet limitation that these docks are allowed to extend from the seawall. The owners will be constructing two, 30-foot docks located in a basin that has a clear channel of 202 feet of water. The additional 5 feet is required for each dock to allow the boats to be moored safely. The water depth adjacent to the seawall is approximately one foot; at 25 feet, the depth is about two and one half feet; at 30 feet out, the depth is approximately 48 inches. The agent for the owner has provided a letter putting forth their hardship and the applicant has received approval from the Department of Environmental Protection and Corp. of Engineers. The appropriate documents are attached for your reference. RECOMMENDATION: Staff recommends City Commission approval of this appeal pursuant to Section 7.9.4 (A) of the LDR's standards because this modification will not endanger public safety or welfare and the hardship as presented. LB:DQ Attachment DockVVaiver.799 · Page 1 Date: July 27, 1999 Agenda Item No. ~. ~ · AGENDA REQUEST Agenda request to be placed on: __X Regular __ Special __ Workshop __ Consent When: August 2, 1999 Description of Agenda Item: Request for Two 30-foot Finger Piers at 1802 and 1806 South Ocean Blvd Ordinance/Resolution Required: Yes/~) Draft Attached: Yes / No Recommendation: Approval Department Head Signature: ~~[/~~ City Attome¥ Review/Recommendation (if applicable) Budget Director Review (required on all items involving expenditure of funds): Funding Available: Yes / No Funding Alternatives: (if applicable) Account # & Description: Account Balance: City Manager Review: Approved for agenda:~/No Hold Until: Agenda Coordinator Review: Received: Action: Approved / Disapproved 1/17/96 JUL ESTABLIBHED IN 114l MAILING ADDRESS: P.O. BOX 1487 2860 N.E. 16th STREET · POMPANO BEACH, FLORIDA 33061 TELEPHONE (305) 941-0132 _ July 20, 1999 TO: CITY OF DELRAY BEACH BUILDING DEPARTMENT ATTN: JERRY SAN~ONE RE: 1802 and 1806 Ocean Bvld. Dock Variance We respectfully request approval for a variance to increase two 5' wide finger docks from the allowable 25' distance from the seawall approx, five feet to (30) Thirty feet from the seawall for the following reasons: At the present time the water depth is approx. 12" in front of the seawall and drops down to between 24 to 30", 25' out from the seawall. These depths were taken at low tide. At (30) Thirty feet there is approx. 48~ of water. The owners of these two new homes have boats that draw 36" of water with a 25' long dock it would be rather difficult to moor the boat safely at the dock along with safety boarding it. With the additional (5) Five lineal feet of dock which it doesn't seem to be much it would make the difference of allowing these boats to be moored at these docks safely. It should be noted that an attempt was made by our office to obtain a dredging permit when we recieved approval for construction of these two 30' docks. We were informed that a dredging permit would only be issued if this property was dredged in the past, which it has not been. Without being able to dredge these docks, these new home owners will not be able to have their boats docked behind there house unless we are able to extend these docks the additional five feet. If I cad by of further assistance, please do not hesitate to call me at your c°nven7· .~M±tchell Scavone, General Mgr. SEAWALLS · DOCKS · PILING · BRIDGES · DREDGING · BARGE & CRANE RENTALS ~ON 03::'? F&I Environmental Protectic) ~ ~ FL ~3402 Fik Nme: J.H. N~ C~~ Y~;~lic~ b~ ~ r~ m am~ine wh~h~r ~ qualifi~ ~ ~y of ~ kinds of ~thoriz~tlon ~t m~ ~ n~ r~ w~s h w~len~ or ~m of ~e Unked S~. ~ kinds of eu~otlption ~e (t) au~flon. ~e nu~fl~ fat ~v~ ud ~ o~om~ of~e reviews ~e listed ~low. Pleue rend e~h se~ion c~lly. Your ~j~t may not have ~ for all thee fo~s ofsmhori~tion, ifyour project ~d not qu~i~ for one ~ m~ of~e ~therintio~, refer to ~e ~cific ~ction d~ wi~ ~nt ~or~ntion for advice on how I. ~u~ ~J~. ~ De~ent ~ ~ewed ~e su~i~ed ~fo~efion ~d h~ ~1~ ii not ex~ ~ cmee ~e ~}~ or~ ~ su~cient ~ m the c]~c~ 8~ding ~e I~, ~, ~d operKion of the Mejo~ ~ m c~t~bute to pollution In c~~ of~e ~lons of Cb~ 373 ~d 403, FIo~de Stet~s ~.S.), or Title 62, FIo~ ~ ~t ~ ~e A~rl~ m ~v~w your p~J~t ~d~ ~ IV of Ch~ter 373, Florida Sm~s (F.S.). ~tle ~, Pt~i~ A~tive ~de ~.A.C.), ~d ~ a~or~ce ~ ~8 e~eements cxecut~ be~ the ~m, ~ed ~te~ u~ ~e d~m~e submi~ed m ~e Dep~en~ ~c p~ject to repair e seawel by inst~]~ S bea~ ~e has be~ det~ind to queli~ as u activi~ ~ ~ ~e ~n you ~d ~&~g y~ ~o~ to constm~ a ] ~ ~ve f~t access dock ~d to 2. ~srte~ R~ {re~ to JW~ lan~). ~e Depa~ent ec~ u Ke~ to ~e Bo~ ~f T~,tees of · c ~te~ ~m ~ F~d ~ of~ees) end fseu~ ~ e~ofi~ons for ~e u~ or ~vcreign ~ers~ ~dt ~e ~~t ~ ~e ~o~ to ~view yo~ pro, eot under ~apten 2S3 ~d 258~ F,S.. I,~ oo.3 o1,'11./~ ~oN oA;2~ FAT. FDBP ~b No. ~ 14953~ I, ~2, -~3 ~ public pm~. ~ ,~ ~c B~ of T~lee,, we ~ve ~ ~ ~p~ pro~ct ~d have deto~ed oond~K ~o p~J~t ~lifim for ~ent ~ ~e Mvm~ ubm~led 1~. Th~fo~, 253.~, ~ s~, you m~ coM~ ~is lam ~ ~~o~ ~m ~bo no~ or T~smes '3. Frei ~ (SMM P~mmtt~ G~I Pe~lt). F~e~ ~h~ti~ for ~e ~opo~d pro, ct b 10 of ~ A~s ~ Har~ ~ of l~99 and Section 404 of ~ C~n Wa~ ~ ~, ~ ~ pmJ~t it ~~ w~ ~ 5~P pro~. The ~4 md ~1~ ~ e~m ~en b ~Jc~n ~ s~, ~e det~~ ~e e~i~ only For ~ s~ciflc ~fl~ ~. ~ de~~ ~ mmmi~c~ e~ ~ ab c~s m~hlly chan~c o, ~ ~ or m~ ~ ~. In ~ifi~. ~ ~~ m~ou b yo~ plans ~i~ m b ~~ f~ ~v~, u 0~8~ may ~ b, ~ b~g ~ui~. In eo~ eve,~ ~ls Notice of Rights of Su~tnnttaity Aff~et~d Persona Be tdvbed thai your neiahlx~ &nd other partJe~ who may be subs~tlully nJ~,'cted by ~he proposed ,,~ivi~ allowed tinder this delm~ of eXemlMon lmvo a H~ht to r~u~t ~n adm[nist~'ative he~ing (or mediation, if. available) on lbo Depnrlmant's decision that the proposed activity qLmlLfios for this exemption, It' an administrative hearin8 {or mediation, if'uvsqable) is t~aly rL. queat~l by a suhstm~ml[y af~cted l~rmn, the finding that the proposed acti~i~ quslifbt for rids exemption must bo rt~nsidmui, end it is peetsibla dut d3e hc~n$ or medistton could result k~ a d~mtlinitio, that die proposed ~vi~ does fief qualh~ fox the exemption. Under rule 28-106. I 11 or,he Florida Administrative Code, U request for such an admbfl~tretive hem'i~ (or mediation, il' avaihble) Must bc filed with the Department's Clerk in the OfrEe Of General Counsel wjtMn 21 da.va ef either: (e) publication of'notice in a newspaper of ~Mrel ckculafiO~ in du county where the activity is to take piece; or (b) the substamJaity affected pm'son's receipt of wrltmn notice which includes the lnfonnation contained in Atmchn'mnt A. lb DeporUnent will not publish notice of'this dmrntinetion. Publtc~tion or.is notice by you is apda,m! and not t~qutrad for you to proceed, l-lowaver, in the event that afl adminbustive hearing is held and the Depnflment's determination is r~vet3ed, pmcoedfns wi~h tho proposed ~cttv£~ blare the time period for requestinS in mJminJsWMJvc henrinj hfs expired w~uld mo~t that the activin/wee conducted without the required permits. Item wish to limit lite time within which ell substanti~y ~'emd perseus may requm an administrative heurinS (or mediation, If Iveileble), y~u m~y eiec~ to publish, at you~ own expet~e, ~e enctosed no,acc (Anechment A) ant · ua ot~ In tbs lessl ~verdacment 8ecflon oFa newspepar of'sanemJ circulmion in the coofl~y wher~ ~he ectivi[y Is to take pJo~e. If you ~ to limit tim li~e within whlr, h any person may request nn nd~btrative beefing (or mediation, if · v~Jnblm), you ruby pmvido such person, by certified m~J, a copy of this det~'mi~mtion, inctuding Atmeh~em A. 01/11/99 MON 03:30 ~r ~ ~ ~blicKm, a n~ip~ ~ c~lation m~ns a newspaper macline ~e re~ui~en~ of ~i~ S0.01l md ~0.031 of~e Ple~b S~m. In ~ ~t ~u do p~Blbh ~b no~ee, within :ev~ ~ of ~bH~ ~ m~ p~i~ ~ ~ follow~ ~ a ~flca~on ~ n~vR of publi~ iss~d by t~e ~. lf~ ~ d~ w~n~ n~ M ~y ~ u nord above, you mu~ provide m ~e following Plorida Dspmtment of Environmental Protection ~oathssst D(strkt Submetled Lands & P. nvimnmental Resources Progra:n P,O. Bent 1~425 West Pnbn Re, eh, Pt. 39416 14bb beer do~ not relieve you fn~m the respofltibility of obtaining other p~rmits (federal, m~e, or local) ~hat ms,/ be tequbed for the project, lfyou have any queslion8 concerning ~ls matter, please contact l~k~ise Janson at 561. S~cerely, 0L/XX/99 MaN 03:3! FAX 9909909696 A~et,uent A Notice of Determination of (~ualifirJtlon for l~temption In &. Mrna, of m Al~ttlon for n Deracination of QuMlflcstJen ~J £xempdon by: FDEP File No. 50-0 ! 49535-001, -002, -003 .~.H~ Nolmun Construction, 1802 S. Oce~ Bird., I~lrey ~ea~b, FI. County: Palm Beach TM Depmment nf ~nnvironmenml Protection gives notice that it hu determined that be above project qualifies for the exemption emblisl~! lacier Chap~r 373.406(6), F.S. and Rules 40]~-4.051(3Xc) and {4)(b). F.A.C. to conswuct a 5-foot by 30-foot ar, cern dock and to repair 45 lance' f'eel of fractional seawall by instslllr~f 5 batter plies and e n~W cap. 'l'ne total m,u oftlm now dockwill be I:S0 square fuel. TIM Depm~ont's determination shall beeon3e final unless a timely petition fDr an administrative hearing is filed undnr sections 120.569 end 120.57 of the Florida Statutes. The rime end procedure for petitioning for a hearirt8 are sm fa'th blow. Upon ~he timely f'ding of a petition, this d~ermjtmtion will not be effective until further order A [:Jerson whose subatnlltitl lnmreets sro aflbctM by the Depaflment's dec, sion may petition for tn administrative proeesd~n! {bearing) under .s~-Uom 120_~69 and 120.~7 of the Florida Sautes. The pathlon must contain the fnf0rmation set forth below undmust be filed (received by the clerk) in the Office of General Counsel of the DeJximnem at 3900 CommonwenRb Boulevard, Moll Station 35. Tslbhessee. Florida 32399-300C. T~e petitlonu' shall also mall a copy ortho petition to the applicmu at the address Indicated above nt the time of filing. Pet#inns must be filed within 21 days of publication or race[pt of~his written notice, except that a petition by ~y parboil entitled to wrJ~Mn notice under s~ctlon 120.60(3) or,he Florida StStuMs muse be f'ded within 21 days rtcelpt of the wrJtmn notice, T~e fallme of any person to file a petition within the appropriate time period shall comtlu~ a waiver of abet person's right to request un sdmtnislrnttve detewnin~ion ~hcsring) under sections IZCJ.~69 end 120.57 of'the Florida Statures. Any subsequent intervention (in a proceeding initia~ed by another puny) will be only at tho disc~eti(Jn of lite presiding officer upon ~he ftlmg ora motion in compliance wit~ ~le 28- IM.20~ of the Florida Administrative Code. A petltinn nm~ conlMn the ~ollowing information: (n) 33~8 nnme, tddrms, md telephone number of each petitioner;, the Department §ia identification number and the c~mty in w~ch the subject mater or activity is located; (b) A statement of how and when each petitioner r~ceived notice of the Department (c) A stut~nent at'how each petitioner's submntiaI interests are n~'ected by the Department action: (d) A sta~ne~t of the nmterM facts disputed by the petitioner, t.r uny; (e) A stmment of fiJ~ tl~ ~e petitioner contends warrant reversal or modification o~"the Department (f) A stammen~ of which rules or statutes the petitioner contends require reversal or modification Department action; and (g) A Mltmneot of the ruljef~ sought by the petitioner, naming precisely 1he action t~st the ~,~eti~or~er xvents flu Depaflment to take. A Jbefltien that dom not dispute the matar~ml filets on wbicll tile Deparlment's action is based shah state that no such faeb are Jn dispute and etherv,4se shall contain the same information as sot Forth above, as requirud by rule i0J..301. l~mse lira 8dm[nisu~lve bextin~ process is designed to re-determine the Depmment's determination, the filing of a pe0tJon means that dis Dupartmmt'a final determination may be d~fferen! ~om the demrmination stated in this holloa. Pm, sons who~e subetm~inl interest9 may be affected by my c, lnmle in thc Department's c~eterrninatiofl have the ~ m pm:ilion to be0omo a party t~ the proceedtug, in aceord~oee wt~ the requirements set ~orth above. MddJnfion under section 120~73 of the Florida Stt~utes is not available far this Ixoceeding. 'l~it app]Jcitlofl il I~t~Jlshle for lINtblio infpecttOll dt3~iflo flofmftl bos~s haul3, 8:00 a.m. to $:00 p.m-. IVlonday through Prlday, except le~tl holidays, atthe Southeast Djsurtct office, dO0 North Co~83.ess Avenue, W~st P~lm Belt, b, l*lorida. lI . !! MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER ~'I SUBJECT: AGENDA ITF/~ # ~ - REGULAR MEETING OF AUGUST 3, 1999 FUNDING SUBSIDIES UNDER THE DELRAY BEACH RENAISSANCE PROGRAM DATE: JULY 30, 1999 This item is before the City Commission to authorize and approve the issuance of funding subsidies to three income eligible applicants under the Delray Beach Renaissance Program. The specifics of the program are outlined in the attached memoranda from the Community Development Division. The subsidies will be issued as follows: · New construction on S.W. 13th Avenue (SW ~ of Section 17, TWP 46, Lot 14, to Priscilla Walls in the amount of $15,200.00; · Acquisition/rehabilitation at 3632 Avenue De Gien (Lot 18, Block 4 of Chatelaine) to Patricia Duncan in the amount of $16,200.00; and · New construction on S.W. 6th Avenue (South 50 feet of North 200 feet of East 135 feet of Block 14, Town of Delray) to Andreka Brown in the amount of $20,000.00. These subsidies represent the 87th, 88th and 89~h homeownership assistance grants provided under the City's Renaissance Program to-date. Recommend approval of the three funding subsidies in the total amount of $51,400.00 under the Renaissance Program. With the adoption of the budget amendment which is a separate item on the agenda, funds will be available from 118-1924-554-83.01 (SHIP Program/Other Grants & Aid). Ref:Agmemoll. FundingSubsidies.Renaissance Program AGENDA REQUEST ~7. ~'. Request to be placed on: Date: July 26, 1999 __ Regular Agenda __ Special Agenda __ Workshop Agenda xxxx Consent Agenda When: August 3,1999 Description of item: Authorization and approval to issue subsidy to two eligible applicants under the Delray Beach Renaissance Program totaling $31,400.00. Note: Patricia Duncan ($16,200) represents the 87z. homeownership assistance grant provided under the Renaissance Program to date. Note: Priscilla Walls ($15,200) represents the 88t~. homeownership assistance grant provided under the Renaissance Program to date. ORDINANCE / RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO Recommendation: Staff recommends approval of subsidy awards. Funds arc to be awarded from thc State Housing Initiatives Partnership (SHIP) Program. SHIP Total $ 31,400.00 Account# 118-1924-554-83. 1 Department Head Signature: ~-~~ City Attorney Review/Recommendation (if applicable):. Budget Director Review (required on all items involving expenditure of funds): Funding Available: s~O  Funding Alternative · (if.applicable) Account No. &Des. cription: ll(~ ~c~2_Or -~. ~ 5-0~ ~ ~Ct~'_~'~ Account Balance: ~ ~lr>~C[l~ 630.,,~t~r~ 0,..o.O~OYa~ (~ ~-~' ,, ' - .... T - ' - City Manager Review: Appr°ved f°r Agenda: ~ ~NO Hold Until: Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved s:\commun~ 1 \cd\renprgm\agenrequ.doc AGENDA REQUEST Request to be placed on: Date: July 26, 1999 __ Regular Agenda __ Special Agenda __ Workshop Agenda xxxx Consent Agenda When: August 3,1999 Description of item: Authorization and approval to issue subsidy to one eligible applicant under the Delray Beach Renaissance Program totaling $20,000.00. Note: Andreka Brown ($20,000.00) represents the 89th. homeownership assistance grant provided under the Renaissance Program to date. ORDINANCE / RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO Recommendation: Staff recommends approval of subsidy award. Funds are to be awarded from the State Housing Initiatives Partnership (SHIP) Program. SHIP Total $ 20,000.00 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: ~0 Funding Alternatives:''~-~ (if apnlicable) Account No. & De,scription: Account Balance: .'~ City Manager Review: Approved for Agenda: &/NO Hold Until: Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved s:\commun- l\cd\renprgm\agenrequ.doc Memorandum TO: David Harden, City Manager THRU: Lula Butler, Director, Community Improvement Department FROM: Charles Bender, Coordinator, Community Development Division (~ DATE: July 26, 1999 SUBJECT: Deiray Beach Renaissance Program Subsidy Request ITEM BEFORE THE COMMISSION City Commission authorization and approval to issue subsidy to two eligible applicants under the Delray Beach Renaissance Program. The subsidies represent the 87th. and 88th. homeownership assistance grants provided under the City's Renaissance Program to date. BACKGROUND The Delray Beach Renaissance Program Memorandum of Understanding was approved by the City Commission on January 23, 1996. In partnership with the Delray Beach Community Development Corporation, the TED Center, the Community Redevelopment Agency, the Community Financing Consortium, the Federal Home Loan Bank of Atlanta and the Delray Beach Housing Authority, we are committed to providing homeownership opportunities to 80 homebuyers through new construction and acquisition/rehab beginning October 1, 1995 through September 30, 1998. An agreement to extend the program for one additional year was approved by all panners and the City Commission. On June 15, 1999, the City Commission approved a new Memorandum of Understanding operating the Renaissance Program from March 1999 to February 2001. Each potential homebuyer is required to attend a homebuyer's seminar sponsored by the Community Financing Consortium, Inc., the Renaissance Program's partner and first mortgage lender. The seminar includes training and information on financial planning, credit and borrowing, budgeting, fair housing issues, mortgage and closing costs and a comprehensive glossary of real estate terms. The Grant is secured by a Promissory Note/Second Mortgage approved by the City Attorney and requires the applicant to maintain ownership/residence for a specified period according to the amount of the Grant. Grant amounts less than $15,000 per unit are forgiven at a rate of 20% per year for a period of 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 two eligible applicants of the following properties: (Acquisition/Rehab.) 3632 Ave. De Gien / $16,200.00 (New Construction) XXX SW 13t~. Avenue (SW1/4 of Section 17 TWP 46, Lot 14) / $15,200.00 s :\commun\renprg\comagend.doc DELRAY BEACH RENAISSANCE PROGRAM SUBSIDY REQUEST BREAKDOWN NEW CONSTRUCTION Yes CENSUS TRACT 68.01 NAME Priscilla Walls PROPERTY ADDRESS xxx SW 13th Avenue, Delray Beach LEGAL DESCRPTION SW ¼ of Section 17 TWP 46, Lot 14 % OF AREA MEDIAN HOUSEHOLD INCOME 42% # IN HOUSEHOLD 5 COST OF CONSTRUCTION $84,520 COST OF LOT $10,000 Non-Profit Developer's Fee $2,500 (included in Cost of Construction) PROJECT/SUBSIDY BREAKDOWN FIRST MORTGAGE $ 78,000.00 Republic Security Bank RATE 7.75 % LTV 81% % SECOND MORTGAGE $ City of Delray, HOME $ 15,200.00 City of Delray, SHIP $ CRA of Delray $ Housing Authority THIRD MORTGAGE $ 4,000.00 Federal Home Loan Bank GRANT $ HTF "A" APPLICANT FUNDS Estimated Pre-paids (lender 1003) $1,257.33 Estimated closing costs (lender 1003) $ 2,738.58 ESTIMATED TOTAL TRANSACTION AMOUNT $101,195.91 s:\communh'enprgm\99-2000 subsidy breakdowns\Priscilla Walls J IL. DELRAY BEACH RENAISSANCE PROGRAM SUBSIDY REQUEST BREAKDOWN NEW CONSTRUCTION No (Acquisition/Rehabilitation) CENSUS T1L~CT 66.04 NAME Patricia Duncan PROPERTY ADDRESS 3632 Avenue De Gien, Delray Beach LEGAL DESCRIPTION Lot 18, Block 4 of Chatelaine % OF AREA MEDIAN HOUSEHOLD INCOME 41% # IN HOUSEHOLD 4 COST OF CONSTRUCTION $ N/A COST OF LOT SN/A COST OF EXISTING UNIT: $87,000 (including rehab.) Non-Profit Developer's Fee $ N/A PROJECT/SUBSIDY BREAKDOWN FIRST MORTGAGE $ 67,500.00 RePublic Security Bank RATE 7.75% LTV 78% SECOND MORTGAGE $ City of Delray, HOME $ 16,200.00 City of Delra¥, SHIP $ CRA of Delray $ Housing Authority THIRD MORTGAGE $ 4,000.00 Federal Home Loan Bank GRANT $ HTF "A" APPLICANT FUNDS Estimated Pre-paids (lender 1003) $ 2,025.91 Estimated closing costs (lender 1003) $ 2,258.25 ESTIMATED TOTAL TRANSACTION AMOUNT $ 91,984.16 Estimated cash from/to borrower $3,584.16 (4% of deal) s:\commun~renprgm\99-2000 subsidy breakdowns\Patricia Duncan Memorandum TO: David Harden, City Manager THRU: Lula Butler, Director, Community Improvement Department FROM: Charles Bender, Coordinator, Community Development Division DATE: July 26, 1999 SUBJECT: Deiray Beach Renaissance Program Subsidy Request ITEM BEFORE THE COMMISSION City Commission authorization and approval to issue subsidy to one eligible applicant under the Delray Beach Renaissance Program. The subsidy represents the 89th. homeownership assistance grant provided under the City's Renaissance Program to date. BACKGROUND The Delray Beach Renaissance Program Memorandum of Understanding was approved by the City Commission on January 23, 1996. In partnership with the Delray Beach Community Development Corporation, the TED Center, the Community Redevelopment Agency, the Community Financing Consortium, the Federal Home Loan Bank of Atlanta and the Delray Beach Housing Authority, we are committed to providing homeownership opportunities to 80 homebuyers through new construction and acquisition/rehab beginning October 1, 1995 through September 30, 1998. An agreement to extend the program for one additional year was approved by all partners and the City Commission. On June 15, 1999, the City Commission approved a new Memorandum of Understanding operating the Renaissance Program from March 1999 to February 2001. Each potential homebuyer is required to attend a homebuyer's seminar sponsored by the Community Financing Consortium, Inc., the Renaissance Program's partner and first mortgage lender. The seminar includes training and information on financial planning, credit and borrowing, budgeting, fair housing issues, mortgage and closing costs and a comprehensive glossary of real estate terms. The Grant is secured by a Promissory Note/Second Mortgage approved by the City Attorney and requires the applicant to maintain ownership/residence for a specified period according to the amount of the Grant. Grant amounts less than $15,000 per unit are forgiven at a rate of 20% per year for a period of 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 provide subsidy for the one eligible applicant associated with the following property: (New Construction) XXX SW 6~. Avenue (S. 50 ft. of N. 200 ft. of E. 135 fi. of Blk. 14, Town ofDelray) / $20,000.00 s:\commun\renprg\comagend.doc DELRAY BEACH RENAISSANCE PROGRAM SUBSIDY REQUEST BREAKDOWN NEW CONSTRUCTION Yes CENSUS TRACT NAME Andreka Brown PROPERTY ADDRESS XXX SW 6th. Avenue, Delray Beach LEGAL DESCRPTION S. 50 ft. of N. 200 ft. orE. 135 ft. of BLK 14, Town Of Delray (PCN: 12-43-46-16-01-014-0040 % OF AREA MEDIAN HOUSEHOLD INCOME 37% # IN HOUSEHOLD 5 COST OF CONSTRUCTION $77,050 COST OF LOT $10,000 Non-Profit Developer's Fee $2,500 (included in Cost of Construction) PROJECT/SUBSIDY BREAKDOWN FIRST MORTGAGE $ 63,000.00 Republic Security Bank RATE 6.5% LTV 74.12% SECOND MORTGAGE $ City of Delray, HOME $ 20,000.00 City of Delray, SHIP $ CRA of Delray $ Housing Authority THIRD MORTGAGE $ 5,000.00 Federal Home Loan Bank GRANT $ HTF "A" APPLICANT FUNDS Estimated Pre-paids (lender 1003) $1,431.00 Estimated closing costs (lender 1003) $ 4,002.00 ESTIMATED TOTAL TRANSACTION AMOUNT $93,433.00 CR/APPR Grant (subtract) $305.00 Estimated cash from/to borrower (subtract) $ 4,178.00 (4.8% of deal) s:\commun\renprgm\99-2000 subsidy breakdowns\andreka brown MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER SUBJECT: AGENDA ITEM # ~ - REGULAR MEETING OF AUGUST 3~ 1999 AMENDMENT TO CONSOLIDATED ACTION PLANS FOR FY 1996/97 DATE: JULY 30, 1999 This item is before the City Commission to formally amend the previously authorized Consolidated Action Plans for Fiscal Years 1996/97 and 1997/98. At the close of FY 1997/98, a total of $210,000 remained in various accounts under the Community Development Block Grant (CDBG) program. This amendment process will delete/decrease several previously approved activities and add two new activities/projects in the total amount of $210,000. A summary of the proposed amendments is set forth in the attached memorandum from the Community Improvement Department. The projects proposed to be added include Land Acquisition Phase I Design and Development (to acquire vacant land located at the northwest corner of Swinton Avenue and S.W. l0th Street and begin the initial' phase of infrastructure design and development in support of affordable housing in a neighborhood setting. $190,000 is allocated for this project. The second activity planned to be added is the demolition, clearance, acquisition and disposition of vacant, scattered site residential land in support of redevelopment and affordable infill housing in the CDBG target area. $20,000 is allocated for this effort. Staff recommends approval of the amendments and authorization to submit to the U.S. Department of Housing and Urban Development (HUD) for that agency's approval. Ref:Agmemoll.Amendment to Consolidated Action Plans AGENDA REQUEST ~'. Request to be placed on: Date: July 28, 1999 Regular Agenda __ Special Agenda __ Workshop Agenda XXX Consent Agenda When: August 3, 1999 Description of item: Approval of a formal amendment to the previously approved Annual Consolidated (Action) Plans for Fiscal Years 1996-97 and 1997-98 (as per mid-year budget adjustments). ORDINANCE / RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO Recommendation: Staff recommends approval of an amendment to the previously approved Annual Consolidated (Action) Plans for Fiscal Years 1996-97 and 1997-98. Public comments and input were solicited and obtained regarding the amendments and proposed use of federal CDBG funds. Department Head Signature: City Attomey Review/Recommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): Funding Available: YES/NO Funding Alternatives: (if applicable) Account No. & Description: Account Balance: City Manager Review: Approved for Agenda: ~/NO Hold Until: Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved u:\cdbg98\CP Amendments\August 3 Commission Agenda Request City of Delray Beach Community Development Division MEMORANDUM TO: David Harden, City Manager THRU: Lula Butler, Community Improvement Director L///'/ FROM: Charles Bender, Community Development Division CoordinatoC~ DATE: July 28, 1999 SUBJECT: Amendment to Consolidated (Action) Plans for FY 1996-97 and 1997-98 ITEM BEFORE THE COMMISSION This is to formally amend the previously approved Consolidated (Action) Plans for Fiscal Years 1996-97 and 1997-98 and the proposed use of funds under the Community Development Block Grant (CDBG) Program for those years. A total of $210,000 (subject to amendment) remained in various accounts at the close of Fiscal Year 1997-98. Staff is proposing to utilize this amount for activities/projects not originally included in the Action Plans (96/97 and 97/98). It is therefore necessary to formally approve these amendments. This process was undertaken in accordance with federal regulations governing the Consolidated Planning process. All proposed activities/projects have been determined eligible in accordance with federal regulations governing the use of CDBG dollars. This amendment process will delete/decrease (in amount) several previously approved activities and add two new activities/projects in the total amount of $210,000. The following provides a summary of the proposed amendments as planned and presented to the citizens of the City of Delray Beach: Activities to be deleted and/or decreased in amount Planning and Administration (residual salaries, wages, benefits, travel, training and other eligible administrative expenses) $ 25,553.76 Housing Rehabilitation Services (residual activity delivery cost expenses including salaries, benefits, telephone, vehicle expenses, software, uniforms, training, education and other eligible activity delivery expense categories) $ 50,609.90 City of Delray Beach Emergency Housing Repair (ER) Program (residual funds) $ 33,173.86 City of Delray Beach Housing Rehabilitation (HR) Program (residual funds) $ 81,902.70 Miscellaneous Proposed Expenditures (TED Center CDC/Business Incubator renovations, Contingency Fund) $ 15,321.78 HOPE, Inc. (residual funds for Fair Housing services) $ 500.00 Community Child Care Center and Alpha-Time Children's Center (residual funds in support of two subsidized child care facilities) $ 558.00 MAD DADS of Greater Delray Beach and Urban League of Palm Beach County (residual funds in support of neighborhood programs and comprehensive housing counseling services) $ 2,380.00 Total Amount of Proposed Multi-Year Amendment (deletions/decreases): $210,000.00 Activities/Projects to be added Land Acquisition Phase I Design and Development (to acquire vacant land located at the NW comer of Swinton Avenue and SW 10a'. Street and begin the initial phase of infrastructure design and development in support of affordable housing in a neighborhood setting). $190,000.00 Demolition/Clearance/Acquisition/Disposition of vacant (scattered site) residential land (in support of redevelopment and affordable infill housing in the Target Area) $ 20,000.00 Total Amount of Proposed Multi-Year Amendment (additions): $210,000.00 BACKGROUND The Consolidated Plan is an annual requirement directly related to the Five-Year Consolidated Plan delineating the City's plan to utilize federal CDBG funds on a year by year basis. In Fiscal Years 1996-97 and 1997-98 the City Commission and U.S. HUD approved the distribution of funds to specific activities and projects. At the close of each fiscal year it is often necessary to carry-forward unexpended funds. In such instances wherein it is necessary to carry-forward funds an utilize the same for activities and projects not previously included in the Action Plan(s), federal regulations require a formal amendment process accompanied by a thirty-day (advertised) public comment period. The City Commission and U.S. Department of HUD must formally approve this amendment. At the close of FY 1997-98 a total of $210,000 remained in various operating accounts. Based on needs highlighted in the Five Year Consolidated Plan and currently identified community needs, staff recommends approval of the proposed "added" activities/projects in an effort to address impending community development needs in the Target Area. An advertisement providing notice to the community of the City's intent to amend the Plans and a thirty-day public comment period requesting comments and input was published in the Delray Times on June 17, 1999. A detailed summary of the amendment transaction was included in the advertisement. No written or verbal comments were received. RECOMMENDATION Staff recommends approval of the amendments and for submission to the U.S. Department of Housing and Urban Development (HUD). MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER ~! SUBJECT: AGENDA ITEM # ~ - REGULAR MEETING OF AUGUST 3, 1999 REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS DATE: JULY 29, 1999 Attached is the Report of Appealable Land Use Items for the period July 19th through July 30, 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. Re f: Apagmemo/Appealables / 8.3.99 THRU: D~A~E~'~I~~G AND ZONING DIRECTOR FROM: /JASMIN ALLEN, PLANNER SUBJECT: MEETING OF AUGUST 3, 1999 *CONSENT AGENDA* REPORT OF APPEALABLE LAND USE ITEMS JULY 19, 1999 THRU JULY 30, 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 July 19, 1999 through July 30, 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. ,~"~; ~i f! iil~i~'~ ~ ~:~':~':'~ ~:~ :::::~:'~:'~r~***~ ~ :': ',: ~ .......... · .... :*:* ~ No appealable items were considered by the Board. The following items which were considered by the Board will be forwarded to the City Commission for action. A. Recommended approval (5 to 0, Bird and Carter absent), of a combined preliminary/final plat for the Estuary (aka Yake Property) a proposed 82 unit townhouse development located on the west side of the Intracoastal Waterway, between Allen Avenue and Bond Way. B. Recommended on a 5 to 0 vote, the initiation of Comprehensive Plan Amendment 99-2. City Commission Documentation Appealable Items Meeting of August 3, 1999 Page 2 C. Recommended approval (5 to 0), of an abandonment of that portion of Wallace Drive (fka Germantown Road) which previously intersected with SW 10th Street. D. Recommended approval (5 to 0), of an amendment to the Comprehensive Plan to address State requirements regarding the siting of public school facilities. E. Recommended approval (5 to 0), of an amendment to the Comprehensive Plan to address State requirements regarding intergovernmental coordination. 1. Approved (5 to 0, Sittler absent, Shutt arrived late), a request for a color change for an existing commercial building 30'1 NE 1st Street (formerly Our Lady Bakery), located at the northeast corner of NE 1st Street and the FEC Railroad. 2. Approved (5 to 0), a request for a color change for Plastec Offices (former Goodyear Tire Store), located at the southwest SE 4th Avenue and SE 1st Street. 3. Approved (5 to 0), a request for a color change forHuntingdon Resort, Inc. located on the east side of Gleason Street, south of Atlantic Avenue (82 Gleason Street). X. Approved with conditions (4 to 0, Griffin, Johnson and Hulburt absent), a request to modify the approved plans to allow the elimination of a horizontal stucco band for the Rhoden Building, located at the southeast corner of East Atlantic Avenue and Swinton Avenue (2 East Atlantic Avenue). Y. Approved (4 to 0), a request to modify the approved plans to allow a change of material for the porch railings from wood to aluminum for the Lloyd Hasner and Ditttman/Federspeil Buildings, located on the south side of Martin Luther King Jr. Drive, between Swinton Avenue and NW 1st Avenue. By motion, receive and file this report. Attachment: Location Map CITY OF D£LRAY BEACH, FLORIDA - City Commission Meeting - AUGUST 3, 1999 L-30 CANAL ~ r .............................. ~-'-~-~ ,-'-* ~ I ,.. ....... _1- ..... '! ~ ~.w~~~sr. r..__. L ...................... J i_l ~ ~ ..... J LOWSON BOULEVARD S'W lOTH S7~ LINTON BOULEVARD i . ~ ' ~ ' , L ..... J ~ L-38 CANAL C-15 CANAL S.P.R.A.B.: H.P.B.: 1. 301 N.E. IST STREET X. RHODEN BUILDING ......... C~ uM~s ......... (Formerly Our Lady Bakery) (~ E. Atlan~ic Avenue) 2. PLASTEC BUILDING Y. LLOYD HASNER & DITTMAN / 3. HUNTINGDON RESORT FEDERSPEIL BUILDINGSIONE GRAPHIC SCALE CITY OF DELRAY BEACH, FL PLANNING & ZONING DEPARTMENT 1999 - - DIGITAL BASE MAP SYSTEM -. FROM: PAT CAYCE, HISTORIC PRESERVATION PLANNER SUBJECT: MEETING OF AUGUST 3, 1999 **CONSENT AGENDA** CONSIDERATION OF THE NOMINATION OF C.Y. BYRD AND MARSHALL DEWITT FOR THE GREAT FLORIDIANS 2000 AWARD. The Groat Floridians Program seeks to recognize individuals who have made important contributions to Florida's history and culture. Established by the Florida Legislature in 1997 as a part of the Florida Department of State's Historical Marker program, special Great Floridian markers will be placed throughout the state at properties significantly associated with such persons. If the nominees are selected, the City will be responsible for a $175 payment per designee to cover the cost of the marker. Former City Commissioner, Kenneth Ellingsworth, has asked that the Commission nominte C.Y. Byrd and Marshall DeWitt for the awaard. C.Y. Byrd Mr. C.Y. Byrd was born in Live Oak, Florida on July 4, 1900. He served with distinction in the United States Marine Corps during the First World War, from 1918 to 1919. He graduated form the University of Florida in 1923 and was admitted to the Florida Bar the same year. Also, in 1923 he moved to West Palm Beach and established a law practice. Attracted to the growing community of Delray, he moved his practice to the City in 1924. From the time of his arrival until his death, he remained active in community affairs. In 1925 Mayor Walter Smith and the Council members appointed him the first City Attorney with a salary of $1,200 per year. He was re-appointed in 1926 and served until 1928. In 1932 he was again appointed City Attorney and served in that capacity until 1948. He was a member of the board of the Palm Beach County Commission from 1931 to 1946. His dedication to the City of Delray Beach is evidenced by his many community activities. He served as the American Legion Post Commander, was president of the Delray Civitan Club, president of the Delray Beach Kiwanis Club and president of the Palm Beach County Bar Association. He was a Delegate from Palm Beach County to the Democratic National Convention in Chicago in 1952. A park on the Palm Beach County Courthouse grounds is dedicated to his memory. City Commission Documentation Meeting of August 3, 1999 Page 2 Marshall DeWitt Marshall DeWitt came to Delray in 1928, the year he graduated from the University of Florida. He was born in 1908 in Duluth, MN, but his family migrated to Florida shortly after his birth. Marshall DeWitt became a prominent farmer in Palm Beach County beginning his career at a time when agriculture was the economic mainstay of Delray Beach. Despite his role as a burgeoning agricultural leader, he was deeply involved in civic and community activities. He was elected to the City Council in 1945 and was elected Mayor in 1946. He was a member of the Lake Worth Drainage District, which he helped to create. He was a member of the Board of Directors and later Chairman of the Board of the First National Bank of Delray Beach, later to become Sun Bank. During World War II he served on the local Ration Board and was active in the Red Cross and in the Coastal Patrol. He was member of the Kiwanis Club and was a founder of the Delray Beach Historical Society. He and his wife, Jeannette, were major supporters of the Old School Square Cultural Center, as well as major financial donors. Marshall DeWitt's contributions to the community lasted over 60 years. Many innovations in farming techniques, which will benefit agriculture for years to come, including new methods of irrigation, were developed under his leadership. By motion, nominate C.Y. Byrd and Marshall DeWitt for the Great Floridians 2000 Award Program. File/u/wwlFL-2000 M E M O RAN D U M TO: MAYOR AND CITY COMMISSIONERS FROM: ~CITY MANAGER SUBJECT: AGENDA ITEM #~- REGULAR MEETING OF AUGUST 3, 1999 AWARD OF BIDS AND CONTRACTS DATE: JULY 29, 1999 This is before the City Commission to approve the award of the following bids and contracts: 1. Purchase award in the amount of $10,074 to Gateway 2000 for the purchase of six (6) replacement computers, and purchase award in the amount of $10,140 to Dell Computer Corp. for the purchase of one replacement server, both via Florida State Contract, for a total award of $20,214 for replacement computer equipment at the Municipal Golf Course. Funding will be from 445-4761-527-64.11 (Municipal Golf Course Capital Outlay/Computer Equipment), 2. Purchase award in the total amount of $20,440.50 to Ferguson Underground, Inc., via City of Boynton Beach bid, for the purchase of meter box lids. Funding will be from 442-5178-536-52.31 (W&S Renewal & Replacement/Meter Replacement Program). Purchase award in the amount of $12,637.00 to Hydro Pumps, Inc. (lowest of three quotes solicited) for the purchase of gearboxes and related machinery to convert the turbine drive on Clarifiers 1, 2 and 3 at the Water Treatment Plant to direct drive. Funding will be from 441-5143- 536-46.20 (Water Maintenance - Equipment Maintenance). 4. Purchase award in the amount of $18,715.00 to Hewlett Packard, sole source provider, for the purchase of an RF Communications test set to be used by Environmental Services to locate locked-up radio transmitting units (RTUs) in the system, diagnose problems with RTUs and calibrate units for return to the system. Hewlett Packard is the sole manufacturer of this equipment which will be purchased direct from the factory. Funding will be from 441-5143-536-64.90 (Water Maintenance/Other Machinery & Equipment). 5. Contract award in the amount of $122,315.00 to Jam-Rock, Inc. (iow bidder) for the Pineapple Grove Entrance project which includes reconstruction of N.E. 2nd Avenue (Pineapple Grove Way) from East Atlantic Avenue north to the first alley intersection. Funding for this project will be from 334-6111-519-63.90 (General Construction Fund - Pineapple Grove Streetscape), with $50,000 from the Community Redevelopment Agency and $25,000 from the Pineapple Grove Entrance Special Assessment District. 6. Contract award in the amount of $652,017.50 to Molloy Brothers, Inc. for utility improvements in the Seacrest/Del-Ida Park neighborhoods, subject to review and approval by the City Attorney, with funding in the amount of $479,415.00 from 442-5178-536-63.50 (W&S Renewal & Replacement/Water Line Upgrades) and $172,602.50 from 448-5461-538- 63.97 (Stormwater Drainage/N.E. 12tn Street). Recommend approval of the bid and purchase awards listed above. Ref:Bid.agmemo.8.3.99 Agenda Item No: ~i'i g. I. AGENDA REQUEST Request to be placed on: x Regular Agenda Special Agenda Workshop Agenda When: August 3, 1999 Descfiptionofagendaitem (who, whaLwhem, howmuch): City Commission is requested to approve the purchase of six (6) replacement computers from Gateway 2000 and one replacement server from Dell under State contract ~250-040-99-1 in the amount of $20,214 for the Municipal Golf Course. Funding is available in the golf course account number 445-4761-572-64.11. ORDINANCE/RESOLUTION REQUIRED YES/NO Draft Attached: YES/NO Recommendation: Approval Depa, mient Head Signature: Determinatiqn of consistency with Comprehensive Plan: City Attorney Review/Recommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): Funding Available~__~O Funding altenmtives: (if applicable) Accountmo. & Description: qt~-q3~)l-~D(g. City Manager Review: Approved for agenda:O/NO Hold until: Agenda Coordinator Review: Received: Action: Approved/Disapproved £1T¥ DF DELI:II:I¥ BEI:i£H DELRAY BEACH AJI-Ame~caC~¥ 100 N.W. 1st AVENUE . DELRAY BEACH, FLORIDA 33444 · 561/243-7000 1993 TO: David T. Harden City Manager FROM: ~obert A. Barcinski Assistant City Manager DATE: July 29, 1999 SUBJECT: AGENDA ITEM CITY COMMISSION MEETING AUGUST 3, 1999 PURCHASE AWARD - COMPUTERS MUNICIPAL GOLF COURSE ACTION: City Commission is requested to approve the purchase of six (6) replacement computers from Gateway 2000 and one replacement server from Dell under State contract #250- 040-99-1 in the amount of $20,214 for the Municipal Golf Course. Funding is available in the golf course account number 445-4761-572-64.11. BACKGROUND: The computers being purchased from Gateway and Dell are for the Municipal Golf Course and will replace the existing computers that cannot meet the requirements of the LAN Windows NT software and will correct Y2K issues per MIS. Attached are detailed quotes. RECOMMENDATION: Staff recommends award of six (6) computers from Gateway in the amount of $10,074 and one server from Dell in the amount of $10,140 for a total award of $20,214 under State contract number 250-040-99-1. Funding is available in account #445-4761-572- 64.11. RAB:tas Attachments File:u:sweeney/agenda Doc:compu ters golf course THE EFFORT ALWAYS MATTERS ~.-~. I. Quote Generated for E-4200 400 http://www.gateway.com/cgi-bin/gen_quote.pl E-4200 400 Quote Number: 30727083FLORIDA Date/Time: 07/27/1999 14:24 EST Sales Representative' 800-779-2000 Comments: Processor: Intel® Pentium®II Processor 400MHz w/512 Cache Memory: 128MB 100Mhz SDRAM expandable to 384 Monitor: EV700 17inch color monitor (15.9inch viewable a Case: E-Series 8-bay Mid Tower Keyboard: 104+ keyboard Mouse: MS IntelliMouse mouse & Gateway mouse pad Operating System: Microsoft® Windows NT 4.0 Floppy Drive: 3.Sinch 1.44MB diskette drive CD-ROM: 17X min./40X max. CD-ROM drive Hard Drive: 13.6GB 5400RPM SMART II Ultra ATA hard dr Graphics Accelerator: ATI RAGE 128GL 16MB AGP Graph Fax/Modem: TelePath® 56K Modem added: US$121 Network Card: IBM PCI Token Ring added: US$99 LANDesk Software: Intel® LANDesk Client Manager Sofb v3.31 McAfee Anti-Virus Software: McAfee Anti Virus Software Service Program: 3 Year Limited Parts Warranty & 3 Year Site Base Price: US $1459 Configured Price: US $1679 FOB Destination Contract #2S0 040 99 1 quantity: 1 i of 2 7/27/99 3:28 PM Quote Generated for E-4200 400 http://www.gateway.com/cgi-bin/gen_quote.pl Total Price:US $1679 Prices and specifications are subject to change without notice or obligation. Sales tax, shipping & handling will be collected where applicable. Please Print and attach this quote to your purchase order. Terms and Conditions of sale and limited warranty Ordering information is encrypted using the Secure Socket Layer (SSL) protocol before being transferred to our Web Server for processing. Prices and specifications are subject to change without notice or obligation. These prices do not include shipping or sales tax if applicable. After your system has been built (lead times may vary), it may be shipped via 2nd day shipping in the continental US. 2nd day shipping within the continental USA is US for desktops and US for portables. 7 to 10 day shipping for Destination[TM] Big Screen PCs is US. add US shipping for each printer. All prices are quoted in U.S. dollars. 2 of 2 7/27/99 3:28 PM ? QUOTATI( CHRISITNE July 27 1999 CITY OF DELRAY BEACH 100 N W 1ST AVE DELRA¥ BEACH, FL 33444 UNIT EXTENDED SKU # QTY DESCRIPTION PRICE PRICE Installation, Quantity 1, Wang ****** '* 0 CONT 250-040-99-1 This quote is subject to the terms of the agreement signed by you and Dell, or absent such agreement, is subject to the applicable Dell standard terms of sale. * ***** PT.F. ASE CONFIRM THE ACCURACY OF YOUR ****** OPERATING SYSTEM, SOFTWARE & HARDWARE ****** PRIOR TO PLACING AN ORDER SUB TOTAL 10,140.00 TAX .00 SHIPPING and/or HANDLING .00 OTHER .00 Thank you for calling Dell TOTAL $10,140.00 For your convenience, we have listed your sales representative, Sales Representative: your quote number and your customer number which will provide you w~th faster service when you are ready to place your order. DIA/q~% YATES Quote #: 29779886 Prices and tax rates are subject to change. Business and Personal Leasing provided by Dell Financial Services. an independent entity Customer #: 1015934 Leasing Documentation Fee $55 DELL MA/~KETING L.P. ONE DELL WAY, ROUND ROCK, TX 78682 (800) 981-3355 EXT 41651 (800) 433-9527 SALES REP FAX ~zv-c QUOTATION CHRISITNE July 27 1999 CITY OF DELRA¥ BEACH 100 N W 1ST AVE DELRAY BEACH, FL 33444 UNIT EXTENDED SKU # QTY DESCRIPTION PRICE PRICE 220-3173 I Dell PowerEdge 2300 Base,PIII, 9,541.00 9,541.00 450M~z Processor with 512K Cache 310-0016 I Logitec System Mouse w/Driver Disks,Factory Install 310-0283 I Uninterruptable Power Supply, 700V,Stand Alone,Adapter Factory Install 310-6114 I User + Install/Troubleshooting Guide,for Dell PowerEdge 2300, Factory Install 310-7004 I Windows Mechanical Keyboard, Factory Install 311-0440 I 512MB RAM, 4 DIMMs,for Dell PowerEdge 2300, Factory Install 311-0446 I 1X6 Hot Pluggable Backplane for Dell PowerEdge 2300, Factory Install 311-0648 I Dell PowerEdge 1300/2300/4300/ 4350,450M~z/512K,P3,Second Processor,Factory Install 313-0361 I Aztech 56K Internal PCI Modem for Dell PowerEdge 2200/2300/ 4200/4300/4350 Servers, Factory Install For your convenience, we have listed your sales representative, Sales Representative: your quote number and your customer number which will provide you with faster service when you are ready to place your order. DIANA YATES Quote #: 29779886 Prices and tax rates are subject to change. Business and Personal Leasing provided by Dell Financial Services. an independent entity. Cu S tomer #: l 0 1.5 9 3 4 Leasing Documentation Fe~ $55 DELL MARKETING L.P. ONE DELL WAY, ROUND ROCK, TX 78682 (800) 981-3355 EXT 416,51 (800) 433-9527 SALES REP FAX ~v.c 07/Z?/gg 14;45:17 DELL CONPUTER-~flRP-> +407Z43?l&6 IP~_,L-~dMPUTER CORP t~.ge 003 QUOTATION CHRISITNE July 27 1999 CITY OF DELRA¥ BEACH 100 N W 1ST AVE DELRAY BEACH, FL 33444 UNiT EXTENDED SKTJ # QTY DESCRIPTION PRICE PRICE 313-0372 1 17/40X,SCSI CD-ROM Internal, Black for Dell PowerEdge 2300/ 2400/4350/6350,Factory Install 320-0071 1 Dell 800F,13.7" Viewable Image Size,Factory Install 340-0550 I RAID 5 Hard Drive Config, for Dell PowerEdge 2300, Factory Install 340-0551 1 1.44MB Floppy Drive for Dell PowerEdge 2300, Factory Install 340-0568 I 12/24GB PAT Tape Backup for Dell PowerEdge 2300, Black, Factory Install 340-0931 1 9.1GB LVD SCSI Hard Drive for Dell PowerEdge 2300 Server, Factory Install 340-0931 I 9.1GB LVD SCSI Hard Drive for Dell PowerEdge 2300 Server, Factory Install 340-0931 I 9.1GB LVD SCSI Hard Drive for Dell PowerEdge 2300 Server, Factory Install 340-0993 I PERC2 Four Channel RAID Card, 32MB Cache,One Channel to the Backplane,for Dell PowerEdge For your convenience, we have listed your sales representative, Sales Representative your quote number and your customer number which will provide you with faster service when you are ready to place your order. DIANA YATES Quote #: 29779886 Prices and tax rates are subject to change. Business and Personal Leasing provided by Dell Financial Services, an independent entity. Cus toner #: 1 0 1 5 9 3 4 Leasing Documentation Fee $55 DELL MARKETING L.P. ONE DELL WAY, ROUND ROCK, TX 78682 (800) 981-3355 EXT 41651 (800) 433-9527 SALES REP FAX 8?/27/99 QUOTATION CHRISITNE July 27 1999 CITY OF DELRAY BEACH 100 N W 1ST AVE DELRAY BEACH, FL 33444 UNIT EXTENDED SKU # QTY DESCRIPTION PRICE PRICE 2300,Factory Install 365-1234 1 READYWARE INSTALLATION FEE 420-0185 I Backup Exec Multi Server Edition for NT (7.2) and NetWare (8.0,Factory Install 430-0071 I IBM Token Ring A~apter for Dell PowerEdge 2100/2200/4100/6100, Factory Install 430-2185 I Microsoft NTS 4.0 on CD, 10 Client Access Licenses, OEM Packaging, US Version, Factory Install 460-9052 I Required: Generated by DELL.COM Configurator 900-2940 1 4-Hour/5xl0, Parts and Labor .00 000 On-Site Service, Initial Year Wang 900-2942 1 4-Hour/5xl0, Parts and Labor .00 .00 On-Site Service, 2 Year Extended, Wang 900-4915 1 BusinessCare Initial Year, .00 .00 DirectLine - Advanced Network Operating System Phone Support Quantity 5 Resolutions 900-5778 1 PowerEdge lx00/2x00, Server 599.00 599.00 For your convenience, we have listed your sales representative, Sales Representative: your quote number and your customer number which will provide you with faster service when you are ready to place your order. DIANA YATES Quote #: 29779886 Prices and tax rates are subject to change. Business and Personal Leasing provided by Dell Financial Services, an independent entity. Cus tome r #: 1 0 1 5 9 3 4 Leasing Documentation Fee $55 DELL MARKETING L.P. ONE DELL WAY, ROUND ROCK, TX 78682 (800) 981-3355 EXT 41651 (800) 433-9527 SALES REP FAX ~v-c AGENDA ITEM NUMBER: ~, ~ o~. AGENDA REQUEST Request to be placed on: Date: June 29, '1999 XX Consent Agenda ~ Special Agenda ~ Workshop Agenda When: August 3, 1999 Description of agenda item: Purchase Award - Purchase of meter box lids from Ferguson Underground, Inc. per the City of Boynton Beach Bid, Number 063-1412-99/SP (Pipe Fittings & Accessories) for a total cost of $20,440.50 ORDINANCE/RESOLUTION REQUIRED: YES NO Draft Attached: YES NO Recommendation: The Deputy Director of Public Utilities and the Purchasing Division recommends the purchase of meter box lids from Ferguson Underground, Inc. per the City of Boynton Beach Bid, Number 063-1412-99/SP (Pipe Fittings & Accessories) for a total cost of $20,440.50 (Req. Number 72760 and 72759) Funding will be taken from account number 442-5178-536-5231 (Project W99442). Department Head Signature: ~/ Determination of Consistency with Comprehensive Plan: City Attorney Review/Recommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): Funding available: Yes--~/ No Funding alternatives: (if applicable) , . Account Description: Account Balance: ~ Ci~ Manager Review: Approved for a~enda: ~. ~ ~o Hold ~fl~nda Coordinator Received: Action: Approved Disapproved P,O.# City Of Delray Beach Department of Environmental Services M E M 0 R A N D U M TO: Jennifer Schillace Buyer FROM: Dan Beatty, P.E.~"-~~ Deputy Director of I:h~d[c Utilities DATE: July 28, 1999 SUBJECT: Meter Box Lid Purchase Attached is a copy of the contract between the City of Boynton Beach and Ferguson Underground, Inc. for purchase of materials. We currently are under contract with Ferguson, however meter box lids is not one of the specified items in our existing contract. In order to expedite the meter change out program we will be purchasing meter box lids from Ferguson Underground, Inc. utilizing the Boynton Beach contract. Many of the existing meter box lids are in poor condition and are unable to be drilled to accommodate the touch read mechanism. In order to keep a good supply of lids on hand we have exhausted our current supplier and are therefore using the Boynton Beach contract to purchase from Ferguson Underground, Inc. cc: Richard C. Hasko, P.E., Director of Environmental Services U:\My Documents\ferguson.lid.doc re: Dominic DeMau=ot Warehouse Manaqer September 9_3, 1998 Re: CDR POLYMER METER BOXES Pricing Bear Dominic, rhlS letter is to offer to the City of Boyn=on Beach =he £ollowinq quo=ation on CDR POLYMER METER BOXES f~om Fergu~on Enterp£ises, Inc. (Ferguson Underground). The quotation takes in=o consideration the ~istory of 4 - 8 week lead ~imes ~rom CDR on many of the items on the =on=rac~. The p~ices re~lect keeping in our Pompano Beach warehouse =he ~DR boxes and ~ds needed for various p=o~ects for the CITY in ou~ Po~pa~o aeach warehouse to offset those ~ead times. ?erguson Unde~qround proposes 'the following ]?Y DES CRIPT ~ON COt~MO DI TY 9 DRI CE 100 10-1/2"x15-1/2w CDR Lid Only W/R' NON-STOCK $21.90 100 11~172Ux18-1/2" CDR Lid Only W/R NON-STOCK 24.90 50 17~ x 30' CDR Lid Only W/R 670-15-35-1504 52.25 40 17" x 30" CDR Box and Lid W/R 670-15-35-1751 113.45 .~000 1" CDR Lid w/2" Touch Read Hole 670-15-35-6500 24.90 100 17" x 30" CDR Lid w/2" Touch Read HOI~ 670-15-35-7000 52.]0 500 1- CDR Box - Body Only 670-~5-35-7500 29.40 ~lea~e do not hesl2a=e =o give me a call wi=h any fur=her questions. TOTAL P.02 AGENDA REgUEST Agenda Item No. Date: July 27, 1999 Request to be placed on: X Regular Agenda Special Agenda Workshop Agenda When: August 3, 1999 Description of item (who, what, where, how much): Staff requests Commission approval of the purchase of gearboxes and related machinery to convert the turbine drive on Clarifiers 1, 2 & 3 at the Water Treatment Plant to direct drive. Hydro Pumps, Inc. was the lowest of the three quotes that were solicited for the proposed work. The total price is $12,637.00 and funding is available from operating Account # 441-5143-536.46-20 ORDINANCE/RESOLUTION REQUIRED: YES/NO DRAFT ATTACHED YES/NO Recommendation: Staff recommends approval of th~ purchase from Hydro Pumps, Inc. in the amount of $~2~637.Q~_ ~ / ) Department head signature: Determination of Consistency with Comprehensive Plan: City Attorney Review/Recommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds ): Funding available: E~/NO Funding alternatives (if applicable) Account No. & De~scriptipn ~ q~.~. ~40 ,/W' '/~/' ..~1~ - ~5-~(~ -~, ~719 ~ . Account Balance~l ~ ~./~$/~ .~ ~ ~ ~b~[_~, ~r~54%~ _/'/;~F~ ~/~/~r ~/ City Manager Review: - ~]<9~ ~/ Approved for agenda: E /NO .~ Hold Until: ~' ~,~'~ Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Di s approved U: \My Documents \wtpdrive. agr. doc City Of Delray Beach Department of Environmental Services M E M 0 R A N D U M TO: David Harden City Manager FROM: Dan Beatty, P.E.~~ Deputy Director~f-Public Utilities DATE: July 27, 1999 SUBJECT: Gearbox for Direct Drive Turbine Control Clarifiers 1, 2 & 3 Water Treatment Plant Attached is an Agenda Request and supporting documentation for the purchase of gearboxes and related machinery to convert the turbine drive on Clarifiers 1, 2 & 3 to direct drive. The existing drive mechanism utilizes a series of complex belts and variable speed shives which are costly to maintain, prone to failure and are out dated technology. Hydro Pumps, Inc. was the lowest of the three quotes that were solicited for the proposed work. The total price is $12,637.00 and funding is available from operating Account # 441-5143-536.46-20 (budget transfer is attached). Please place this item on the August 3, 1999 Agenda for consideration by City Commission. cc: Richard C. Hasko, P.E., Director of Environmental Services Don Haley, Treatment Plant Manager Bob Bullard, Manager of Maintenance Division Allison MacGregor Harry, City Clerk U :\My Documents\wtpd rive. mem.doc Hydro Pumps, Inc. P,O. Box 16295 6512 NW 13th Court Plantation, FL 33318 Broward: (954) 583-3303 Toll Free (FL) 1-8D0-306-7887 Fax: (954) 583-3305 July 6, 1999 Delray Environmental 434 South Swinton Ay. Delray Beach, FL 33444 Attn: Robert Bullard Subject:. EIMCO Acceletor Turbine: Cost Proposal for replacement of Sterling Variable speed drive Gentlemen, We propose to furnish and deliver equipment as follows for the subject project: 1 ea. 15hp premium efficiency (> 91%) electric driver, cast iron construction TEFC, 1160 RPM, 460V, 3 phase fitted with sheaves and 5V belts to drive the existing worm drive with a resulting turbine speed of 6 RPM I ea. Custom motor base assembly to support the motor at the same elevation as the present Ste~ling adjustable speed out put shaft. 1 ea. Square D Altistart 46D32N (Soft Stad) rated for 460v 120hp. I lot Mounting bolts, V belts Installation of this equipment will require the following labor and services by others. 1) Disconnecting the existing Steding variable speed drive and motor mechanically and electrically including the adjustable base plate which supports the ddve. 2) Removal of this assembly from the acceletor. Removal of the adjustable base plate from the Sterling drive. 3) Drill and tap the adjustable base plate to fit the proposed motor base and mount. 4) InStall the proposed motor and adjustable on the acceletor. 5) Connect the electrical and V belts. 15) Mount the 'soft start" in the air conditioned MCC room and connect electrically. Total price first unit $4,837.00 Additional two units $3,900.00 each Delivery first unit 6 weeks Additional units 3 weeks '[,0/'[0'd c~0££ £85 ~'.~6 0£:9'[ Mechanical Technology Plantation, Florida 33318 July 9, 1999 Delray Environmental 434 South Swinton Av. DelrayBeach, FL 33444 Attn: Mr. Robert Bullard Re: EIMCO Acceletor Turbine - Cost Proposal for replacement of variable speed drive Dear Mr. Bullard, We propose to furnish and deliver the following equipment for the above referenced project: 1 - 15I~ premium efficiency (greater than 91%) electric driver, cast iron construction TEFC, 1160rpm, 460v, 3 phase fitted with sheaves and 5 v belts to drive the existing worm drive with resulting turbine speed of 6rpm. 1 - Custom motor base assembly to support the motor at the same elevation as the present Sterling adjustable speed output shaft. 1 - Square D Altistart 46D32N (soft start) rated for 460v to drive the motor. 1 lot - Mounting bolts and v belts. Installation of this equipment is not included and services are by others. 1. Disconnecting the existing Sterling variable speed drive and motor mechanically and electrically including the adjustable base plate, which supports the drive. 2. Removal of this assembly from the acceletor. Removal of the adjustable base plate from the Sterling drive. 3. Drill and tap the adjustable base plate to fit the proposed motor base and mount. 4. Install the proposed motor and adjustable on the acceletor. 5. Connect the electrical and v belts. 6. Mount the "soft start" in the air- conditioned MCC room, and connect electrically. TOTAL PRICE $ 5,200.00 each unit Delivery 6 weeks. Sincerely, Geri Mikulski FAX TRANSMITTAL FROM: John Veerlinc~ Southeastern 1Sump tel. (954)781-8400 (Broward) (305) 947-9515 (Dade) (561) 734-1949 (Palm Beach) fax (954) 781-8434 REGARDING: Note: This is page l of ? page(s). If all pages do not arrive, please call the alive telephone number. SOLrrHEASI'ERN PUMP. 1368 $.W, 12th Avenue · I~ompano Beach, FL 33069' AGENDA REQUEST Agenda Item No. 8. C~. ~. Date: July 27, 1999 Request to be placed on: X Regular Agenda Special Agenda Workshop Agenda When: August 3, 1999 Description of item (who, what, where, how much): Staff requests Commission approval of the purchase of a RF Communications test set from Hewlett Packard. Hewlett Packard is the sole manufacturer of this equipment and we are buying direct from the factory. The equipment will be used to locate locked-up radio transmitting units (RTU's) in the system, diagnose problems with RTU's and calibrate units for return to the system. The total price is $18,715.00 and funding is available from operating Account # 441-5143-536.64-90 ORDINANCE/RESOLUTION REQUIRED: YES/NO DRAFT ATTACHED YES/NO Recommendation: Staff recommends a])pr~val of~/~h~ purchase from Hewlett Packard in the amount of $18,/rI~.00.~/J)[ / ~ /f / Department head signature: \ ~ '~'~(.~_~ ~ ~'~-~ Determination of Consistency with Comprehensive Plan: City Attorney Review'Recommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): Funding available: YES/NO Funding alternatives (if applicable) Account No. & Description~ Account Bal anceJ~ City Manager Review: Approved for agenda: /NO Hold Until: Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved U: \My Documents \hpradio. agr. doc City Of Delray Beach Department of Environmental Services M E M 0 R A N D U M TO: David Harden City Manager FROM: Dan Beatty, P.E.-'-./~~ Deputy Directo~f Publt'CUtilities DATE: July 27, 1999 SUBJECT: Purchase of RF Communications test set Attached is an Agenda Request and supporting documentation for the purchase of a RF Communications test set from Hewlett Packard. As we become more automated in the operation of the Water Treatment Plant, Lift Stations and other operations ,we are utilizing more and more radio transmitting units (RTU). With the increase in the number of RTU's in the system, the probability of a radio lock-up is greatly increased. When this occurs the central computer is no longer able to pole the remaining RTU's for information. This condition will remain until the locked-up radio is found and corrected. This devise will allow us to locate the locked-up RTU within an hour or two and correct the problem. We currently have no way to locate a locked-up unit other than trial and error which is time consuming and costly. This equipment will also allow for the calibration of radios and diagnosis of radio unit problems. Hewlett Packard is the sole manufacturer of this equipment and we are buying direct from the factory. The total price is $18,715.00 and funding is available from operating Account # 441-5143-536.64-90 (budget transfer is attached). Please place this item on the August 3, 1999 Agenda for consideration by City Commission. cc: Richard C. Hasko, P.E., Director of Environmental Services Bob Bullard, Manager of Maintenance Division Allison MacGregor Harty, City Clerk U:\My Documents\hpradio.mem.doc SS 10:25a Test & Measurement 336-S68-1759 p.1 PACKARD ~26 ~ll~e D~ Rd, Ste A ~, NC 27~9 Phone ~/4774111 x4g09 F~ 336/668-17~9 - ,. From: Roger Nursey Date: July 26, 1999 To: Bob Williamson / City of Delray Subject: lip 8920A info Beach Hi Bob, Here's the pricing information on tt~ HP 8920A RF Communications Test Set. This is for budgetary purposes only, but I will have a formal quotation sent to you later today. Product / Option Description Price g920A RF Communications Test Set $15,020 opt 019 ** Variable Notch Filter $510 opt 102 Spectrum Analyzeer / TG $2, ! 40 opt 103 HPIB / RS232 / Centronies $715 08920-61061 Connector Kit $330 ** We did not discuss this option, but I thought it might be worth pointing out. The standard unit does SINAI) at IHiz, whereas this option provides a variable notch filter that allows you to make SINAD measurments from 300Hz to 10kHz. I hope this is helpful, but plcase feel free to call ffyou haw questions or if you need additional information. Sincerely, Roger Nursey Inside Field Engine. er Hewlett-Packard Co. · Mobile/Cell.ular Radio Test Sets RF Communications Test Set HP 8920A HP i1807A 500. Sensitive Receiver: 2 pV sensitivity (typically < 1 pV), available through the ANT IN port, allows for off-the-air monitoring of Iow-level signals. For measuring high-power signals, the HP 8920A can accept 100 W intermittently (for 10 seconds) or 60 W continuous. HP 8920A HP 8920A RF Communications Test Set HP 11807A Radio Test Software The HP 11807A is an easy-to-use software solution for automatic testing The HP 8920A is a full-feature, one-box test set designed to meet service of radio receivers and transmitters. Rt/nning on the HP 8920A's built.b. and repair needs in the cellular and land mobile communications mar- 1BASIC computer, the HP 11807A offers a complete selection of tests for ket. Combining 22 instruments, the HP 8920A offers full functionality land mobile radios, cellular phones, and communication systems. Its needed in testing cellular phones, land mobile radios, and communica- flexibility and modularity allo~'s the user to select and change test tions systems up to 1 GHz. sequences, test parameters, and pass/fail limits without programming expertise. Ail test results are displayed on the screen and can be docu. Test and Troubleshoot Faster merited Mth hard-copy printouts when an external printer is added. The HP 11807A system support tests (Option 100) give techni- The HP 8920A decreases test and troubleshooting time by simplifying cians automated test capability for commonly performed tasks on corn- standard measurement tasks and providing extensive capability in one munications systems. System support tests include cable-fault location, box. Transmitters and receivers are simply characterized with single- intermodulation-products calculation, frequency scanning, and field- key ILX, TX, aud duplex tests. Measured results are displayed on a sin- strength measurement. gle screen as either digital measurements or analog bar graphs. All settings and measurements are easily accessed and changed using the International Cellular Phone Testing Solutions front-panel knob, and all settings can be saved in nonvolatile save/recall The H P $920A is capable of testing the world's most common cellular registers or on a SRAM card media for future access, phones by using the HP 11807A radio test software. Three levels of testing are available: mannal phone troubleshooting, quick functional checkout, ';~:'-'it;}!1'1":iSpectrum Analyzer with Tracking Generator and and full parametric testing to syste~n specifications. Cellular formats sup- . ~ '.,, ...... ported include AMPS, NAMPS, TACS, NTACS, JTACS, NMT 450, and Adjacent Channel Power NMT900. HP8920AOption 004 isreqnired forcellularphone testswith The HP 8920A's optional synthesized spectrum analyzer measures sig- HP 11507A software. hals from 400 kHz to 1 GHz with variable spans frmn 5 kHz to 1 GHz lrunked Fladin Testing (full span). Display resolution is selectable from 1, 2, or 10 dB per dirt- Three HP 11807A software options are available for testiug trunked sion. The tuneable marker provides autotnatic readout of frequency and mobile radios. The options support LTIL EDACS, and MPT 1327 trunked amplitude, or of relative frequency or amplitude from a reference. The radio equipment with a variety of automated tests available to the usen tracking generator included with the spectrum analyzer allows for Through software control, the HP 8920A will test the ability of a swept characterization of devices with fully settable amplitude and radio to establish a link on a trunked system and can retrieve trunking sweep spans (to 1 GHz). The newly added adjacent channel power men- parameters programmed into a mobile radio. The user can choose from surement capability includes both variable bandwidths and variable fre- manual operations or automated test sequences for full characteriza- quency offsets. Typical performance is -70 dBc. tion. Detailed printouts of the radio's performance, with failures higS- lighted, are output when a printer is used with the HP 8920A. (HP 8920A Signaling Encoder and Decoder Option 103 is required for printouts.) HP 8920A Option 004 is required for trunked system tests wit. h The optional signaliug encoder and decoder support all common sig- HP 1.1807A software. haling formats, including tone sequential, digital paging, DTMF, trunk- lng, and cellular signaling. Common standards are list-selectable and easily modified for different user formats. The decoder displays the Key Literature tone or digital sequence transmitted, and the duration of the tone or HP 8920A Product Overview, p/n 5963-5197E tone pair. For digital paging transmitters, the decoder will display the HP 8920A Price List, p/n 5966-1734EUS address/code, the message, and the transmission rate. HP 11807A/E Product Overview, p/n 5965~2783E Service Applications/Brochure, p/n 5952-2795 Manufacturing Application/Brochure, p/n 5952-2796 Cellular Applications/Brochure, p/n 5091-7627E Mobile/Cellular Radio Test Sets ~ RF Communications Test Set (cont'd) H P 8920A Opt 009 "Over-the-Air" TDMA Dual-Mode +S2,080 HP 8920B Cellular Phone Tests H P 8920DT ' Opt 010 LTR Trunked Radio Tests +S1,040 H P 83201B ~~.~ I Opt 011 EDACS2 Trunked Radio Tests +S1,040 H P 83206A ~ Opt 012 MPT 1327 Trunked Radio Tests +S1,560 HP 83215A Opt 100 System Support Tests +S305 HP 83215B HP 8920B RF Communications Test Set S19,380 HP 83236B Opt001 High-Stability'time Base +S715 HP 11807A HPl1807F ~ ~~[~1~~~ Opt00610Wto50pWPowerMeasurementRange +S510 Opt 007 Low-Level RF Power Measurements SO Opt 009 Electronic Attenuator Input Option SO  Opt 010 400 Hz High-Pass Filter +S310 Opt 011 CCITTWeighting Filter +S310 Opt 012 4 kHz Bandpass Filter +S310 Opt 013 C-Message Weighting Filter +S310 Opt 014 6 kHz Bandpass Filter +S310 HP 892013T Opt 016 High Power Input Option: 100 Watts +S350 Opt 020 Radio Interface Card +S2,080 Opt 031 Delete liandle and Cover -S100 HP 8920DT Digital RF Communications System Opt. 051 Dual-mode Rear-Panel Connectors +S305 Opt 102 Spectrum Analyzer with Tracking +S2,140 The HP 8920DT system provides parametric test capability for cellular Generator and AC P radios using the Personal Digital Cellular (PDC) and Personal Handy 0pt 500 HP 83201B Option 003 TDMA Cellular Adapter +SI 1,935 Phone System (PHS) formats. The required instruments used in the sys- Opt 800 HP 83206A IS-136 TDMA Cellular Adapter +S12,955 tent are the HP 8920B, HP 83201B, HP 83215A/B, and the HP 11807F 0pt 801 Adds HP 83206A and 83236B for IS-136 Tests +S23,105 coutrol software. The HP 83215A PDC/PHS interface and HP 83215B Opt 1CM Rackmount Kit Without Handle +S305 PHS-only interface provide accurate frequency conversion to bring the Opt AXK Ra ckmount Kit with Option 500 or 800 +S305 test signals into tile range of the HP 8920B. The 83201B TDMA Cellular Opt 0B0 D elate Manual Set -S175 Adapter adds the specific digital signal processing needed for PDC and HP 83208A IS-136 TDMA Cellular Adapter S12,955 PHS. The HP 11807F radio test software controls the system to test PDC HP 83236B PCS Interfa ce S10,150 and PHS radios according to RCR STD-27E (PDC) and STD-28 (PHS). Opt AX4 Rack Flange Kit Without Handles +S400 For additional capability, instruments such as spectrum analyzers and HP 11807E PCMCIA Radio lest Software for 8920B signal generators can be added to the system and will be controlled by Opt 001 North American FM Tests +S520 the system software. Opt 002 European Phi-M lest +S520 Opt 003 AM Tests +S520 HP 83206A TDMA Cellular Adapter Opt 004AMPS/EAMPS/NAMPS Cellular Tests +S1,560 Opt 005 TACS/ETACS Cellular Phone Tests +S1,560 The HP 83206A TDMA cellular adapter (HP 8920B Option 800) pro- Opt 007 JIACS/NTACS Cellular Phone Tests +S1,560 vides a complete r~/4 I)QPSK signal generator, n/4 DQPSK modulation Opt 008 TDMA Dual-Mode Cellular Phone Tests +S2,080 analyzer, data source, and BER analyzer for TDMA measurements on Opt 009 AMPS/EAMPS/NAMPS/TOMA Dual-Mode +S2,080 DAMPS (IS-54) and DCCH (IS-136) phohes. The HP 83206A super- Cellular Phone Tests series the HP 83201B TDMA cellular adapter (HP 8920B Option 500) for Opt 010 LTR Trunked Radio Tests +S1,040 making measurements ou TDMA dual-mode DAMPS phones, adding Opt 011 EDACS Trunked Radio Tests +S1,040 . digital control channel test features to fully characterize DCCH phones. Opt 014 AMPS/NAMPS/DAMPS/DCCH Dual-Mode +S2,080 11 TDMA Cellular Phones Key Literature Opt 024AMPS/NAMPS/DAMPS and DCCH/PCS +S2,500 HP 8920DT Product Overview, p/n 5963-5519E TMDA Cellular Phones Opt 100 System Support Tests +S305 HP892,0DT Digital RF Communication System capability Ordering Information Price is provided using the following primary instruments plus lip 8920A RF Communications Test Set $14,585 required options: Opt 001 High-Stability'~mebase +$715 lip 89208 RF Communication Test Set S19,380 Opt 102 Spectrum Analyzer with Tracking +$2,140 HP 83215A RF Interface S16,740 Generator and ACP HP 83215B PHS (only) RF Interface S13,975 Opt 103 HP-IB/RS-232/Parallel dc Current +$715 HP 83201B TDMA Cellular Adapter S11,935 Measurement lip 11807F Radio Test Software with Option 021 or S1,685 Opt 004 Tone/Digital Signaling +$690 Option 022 Opt 007 Low-Level RF Power Measurement $0 Some of the following additional instruments may be Opt 008 Cellular Mobile RF Power Measuring Range +S260 necessary to perform some tests: Opt 010 400 Hz High-Pass Filter +$310 HP 8595E Spectrum Analyzer S21,110 Opt 011 CCITT Weighting Filter +S310 HP 85720C PDC Measurement Personality S3,060 Opt 012 4 kHz Bandpass Filter +$310 HP 85726B PHS Measurement Personality S3,060 ~ Opt 013 C-Message Weighting Filter +$310 HP 34401A Digital Multimeter S995 Opt 014 6 kHz Bandpass Filter +$310 HP ESG-D300A E4432AR Digital and Analog Signal GeneratorS17,600 Opt 016 High power input option: 100 watts +$350 lip 8643A Synthesized Signat Generator S16,670 Opt 019 Variable Frequency Notch Filter +$510 lip 6642A or HP 6643A DC Power Supply S2,420 Opt 020 Radio Interface Card +$2,080 lip 83219A Test Format Upgrade SO Opt 050 Dual-Mode Rear-Panel Connectors +$1,040 G:~ Indicates QuickShip availability. HP 11807A Radio Test Software Opt 001 North American FM Tests +$520 Opt 002 European PM Tests +S520 Opt 003 AM Tests +S520 Opt 004 AMPS/EAMPS/NAMPS Cellular Tests +S1,560 Opt 005 TACS/ETACS/NTACS Cellular Tests +$1,560 Opt 006 NM/Cellular Tests +Sl,560 Opt 007 JTACS Cellular Tests +$1,560 Opt 008 AMP/NAMPS/TDMA Dual Mode +S2,080 Cellular Tests PURCHASING DIVISION TO: David Harden, City Manager FROM: Jennifer Schillace, Buyer SUBJECT: Hewlett Packard RF Communications Test DATE: July 29, 1999 On July 28, 1999, you requested that I determine if Hewlett Packard is the sole source vendor for the Hewlett Packard 8920A RF Communications Test Set and attempt to develop additional suppliers of a comparable system. I contacted our sales representative at Hewlett Packard, Roger Nursey, and asked if Hewlett Packard was the sole source vendor for the HP 8920A RF Communications Test Set. Roger informed me that a distributor may purchase from Hewlett Packard, however, the distributor would have to retail at a higher cost than what Hewlett Packard would charge. In addition, he encourages dealing directly with end users such as the City of Delray, because he believes he can offer the best support and service when dealing direct. I spoke with Bob Williamson, Instrumentation Technician Senior at the Environmental Services Division regarding this matter. In an effort to obtain quotes, Bob informed me that he had contacted Tektronics, Inc., and that this vendor could not recommend a comparable type system to that of the HP 8920A. Bob also informed me that he has worked with a comparable type system from I.F.R., Inc. when he worked with another company prior to his employment with the City of Delray Beach. Bob was extremely unsatisfied with the service and initial setup of the system and he experienced many problems with I.F.R.'s warranty when attempting to get the machine fixed or calibrated. For these reasons, Bob was confident in recommending the purchase of the Hewlett Packard 8920A RF Communications Test Set directly from Hewlett Packard. I researched the Intemet for additional vendors of the Hewlett Packard 8920A or a comparable type system and developed the following information: Morrow Technologies Corporation: After speaking with Sales Representative, Tom Murphy, he informed me that his company could not recommend a product similar to the HP 8920A. Tom stated that Morrow Technologies could not compete with Hewlett Packard's complete diagnostic system. Torfino Enterprises: The sales representative informed me that their company does not sell a comparable type system to that of the HP 8920A. Page 2 Naptech: The representative from this company states that they do not sell a comparable type system to that of the HP 8920A. I was told that we could purchase a refurbished Hewlett Packard 8920A from this company. Hadan Labs, Inc.: Dan Burton informed me that his company does not sell a comparable type system to that of the HP 8920A. He stated that the HP 8920A is more of a customized type system offering many different options that can be loaded in. In addition, Dan informed me that he does sell fully refurbished models of the HP 8920A. Hamer Instruments: The representative from this company informed me that his systems are on a much smaller scale than the HP 8920A. I contacted Dan Beatty, Deputy Director of Public Utilities, and asked if he would consider a refurbished version of the Hewlett Packard 8920A. Dan informed me that he would not consider a refurbished model of the Hewlett Packard 8920A. Based on his experince, Dan states that the refurbished models usually come with a short-term warranty, and after the expiration dates, many problems are imminent. Please contact me at Ext. 7161 if I may be of additional assistance to you. Thank you. Agenda Item No. ~'. ~. 5'. AGENDA REQUEST Date: 2 Ju11999 Request to be placed on: X Regular Agenda Special Agenda ~ Workshop Agenda When: 20 July 1999 Description of item (who, what, where, how much): Approval/authorization for Mayor to sign contract with Jam-Rock, Inc. in the amount of $122,315.00 for the Pineapple Grove Entry Project 98-085. This project includes the reconstruction of NE 2nd Avenue (Pineapple Grove Way) from Atlantic Avenue to the first alley north of East Atlantic Avenue. The funding for this project will be provided from 334-6111-519-63.90. This approval/authorization is contingent on the City receiving $50,000.00 from the CRA and receiving $25,000.00 from Special Assessments ORDINANCE/RESOLUTION REQUIRED: YES,NO DRAFT A'Iq'ACHED YES/NO Recommendation: Staff recommends award of the Pineapple Grove Entry Project 98-085 to Jam- Rock, Inc with a bid in the amount,~22. ~. ~ Department head signature: ~~ '7-Z-~- ~ ~ Determination of Consistency with Comprehensive Plan: City Attorney Review/Recommendation (if applicable):. Budget Director Review (required on all items involving expenditure of funds): Funding available: YES/NO Funding alternatives .(if applicable) Account No. & Description 334-6111-519-63.90 Account Balance $122,315.00 (After Transfers) City Manager Review: Approved for agenda: /NO Hold Until: Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved ~tESSRVOO2~DEPARTMENTS~EngAdmin~Projectsi98t98-O85~CONTRACTtagendaO1.doc City Of Delray Beach Department of Environmental Services M E M 0 R A N D U M TO: David T. Harden, City Manager FROM: Randal L. Krejcarek, P.E., City Engineer //~-~/ DATE: 26 duly, ~999 SUBdECT: Pineapple Grove Entry, Project 98-085 Commission Agenda Item Please find enclosed the agenda request for Commission to approved and authorize the Mayor to sign the Pineapple Grove Entry contract. This project includes the reconstruction of NE 2d Avenue (Pineapple Grove Way) from Atlantic Avenue to the first alley north of East Atlantic Avenue. The work generally consists of the construction of the following improvements: Construction of 3000 S.F. of paver brick sidewalk, 450 L.F. of concrete curbing, 500 S.Y. asphalt oveday, and pavement markings. Lighting construction includes 6 pole mounted light fixtures, fiber optic lighting and associated electrical panel fixtures and electrical conduit. Landscape construction includes the installation of two 18 foot Matching Specimen Medjool Date Palms, and 6 Standard 12 foot Japanese Fern Trees with tree grates and irrigation. Finally, the construction of a cast in place concrete footing/structural base for a gateway arch is included in the construction. I have attached the bid tabulation for your review. The lowest responsible, responsive bidder for this project was dam-Rock, Inc. with a bid of $t22,3'15.00. Aisc attached are budget transfer forms. This approval/authorization is contingent on the City receiving $50,000.00 from the CRA and on receiving $25,000.00 from Special Assessments. If acceptable, please place this item on the 03 August 1999 Commission meeting for Commission approval. Attachment cc: Richard Hasko, P.E., Director of Env. Svcs. Joseph Safford, Finance Director S:tEngAdrnintProjectst98t98-O85iCONTRACT~agenmernoO1.doc ~, ,~, '~, 888888888888888888888888 8 8 8888888 00~0000000~~~0~0 ~ ~ ~00~ oo~o~o~ o~o ~ ~ ~~~ 88~888888888888888888888 o o q ~ 8888888 888888888888888888888888 8 8 8888888 8888o8 o88o888888888 888 o o ooooooo .... q . . q . . q ............. o o q q q q q q q o o o ooooooo~ 888888888888888888888 88 qqqqqqq~ 88~D~88DsD~~~888 o ~ ~ ~ooooo~ooooooo~ O~ ~ ~ ~ 000 0 ~ ~ ~ '~ ....... L L CITY of DELRAY BEACH ATTIC AVEN~ & ..:.= ,m EN~RONMENTAL SER~CES DEPARTMENT S~TON AVENUE no~-~-no~ ~ ~ ~N A~ D~Y ~, ~A 3~ 98-085 I 0F 1 ,Agenda Item No. ~'. ,.7'. ~. ,AGENDA REQUEST Date: 29 July 1999 Request to be placed on: X Regular,Agenda ~ Special ,Agenda ~ Workshop ,Agenda When: 03 Aug 1999 Description of item (who, what, where, how much): Approval/Authorization to award construction contract and for Mayor to sign contract in the amount of $652,017.50 with Molloy Brothers, Inc. for utility improvements in the Seacrest / Del Ida Neighborhoods. Approval/Authorization is subject to review and approval by the City Attorney. The funding for this project will be provided from the following accounts: Funding Source ,Account Number ,Amount Water & Sewer R&R 442-5178-536-63.50 $479,415.00 Drainage 448-5461-538-63.97 $172,602.50 Total $652,017.50 ORDIN,ANCE/RESOLUTION REQUIRED: YES/NO DRAFT ATTACHED YES/NO Recommendation: Staff recomm~"(~s Appr.~'~uthor~/~n. Department head signature: /~,.,~,-' -~ . ~'~::> "~- Z ~'~ Determination of Consistency with Comprehensive Plan: City Attorney Review/Recommendation (if applicable):. Budget Director Review (required on all items involving expenditure of funds): Funding available: YES/NO Funding alternatives .(if applicable) ,Account No. & Description See above ,Account Balance $479,415.00 & $172,602.50 after transfers City Manager Review: Approved for agenda: ~_.~/NO~ Hold Until: ,Agenda Coordinator Review: Re~ived: Plaid on ,Agenda: A~ion: Approved/Disapproved City Of Delray Beach Department of Environmental Services M E M 0 R A N D U M TO: David T. Harden, City Manager -~ FROM: Randal L. Krejcarek, PE, City Engineer/~ // DATE: 29 July t999 SUBJECT: Seacrest / Del Ida Neighborhood Utility Improvements City Project #99-006 The attached agenda item is for approval/authorization of the City Commission to award a construction contract and for Mayor to sign the contract in the amount of $652,017.50 with Molloy Brothers, Inc. for utility improvements in the Seacrest / Del Ida Neighborhoods. The work generally consists of the construction of the following: (See attached map) Construction of 8,250 LF of 8 inch water main, 150 water services, 12 fire hydrants, and abandoning 10,000 LF of 2 inch and 3 inch water mains. Construction of 150 LF of concrete sidewalk, 9,500 SF of driveway reconstruction, 10,000 SY of swale reconstruction, 265 of 15 inch RCP drainage pipe, and 2 new inlets. The bid of Giannetti Contracting Corporation Tech Engineering, Inc. has been determine to be non-responsive based on errors in their bid. A letter requesting the withdrawal of their bid is attached. The complete Bid Tabulation is attached. The funding for this project is as follows: Funding Source Account Number Amount Water & Sewer R&R 442-5178-536-63.50 $479,415.00 Drainage 448-5461-538-63.97 $172,602.50 Total $652,0t 7.50 Thanks!! enc CC: Richard Hasko, P.E., Director of Environmental Services Barron Caronite, P.E., Assistant City Engineer file 0 ooo ~ oooooooooo ooo ooo moooo~ ~ o oo o ~ ~ ~oo ~ ~o ~mmmoo O:iiii~ 0000000000000000000000000000000~0000000~00000~ ~000~000000000000000~0000~0~000~~0~00~i~ 00000000000000000000000000~00000~0000000000000 oooooooooooooooooooooooooooooooooooooooooooooo!i?? ooo~ooooooooooooooo~oo~oo~~~~oomiiii~E = 0~000~0~0~000000~0000~0~0000~~0~00~ ~ 0000000000000000000000000 ~ 0000000000000000000 i~i~?g o oooooooooooooooooooooooooooooooooooooooooooo o o o ~ o o o o o o o o o o o o o o o o o o o o o o ~ o o o o o o o o o o o o o o o o o o !~iii~iiiiii ~000000000~000000000000000~000~000000000000000 0 000000000000000000000000000000000000000000000 ~ oo 000 o 0 O0 0 000000000~00000000 0000 O0000iiii~ ~ oo ~ o o o~ o~ o ~ oo~ o~o ooo oo oooooooo oo o o~o ooo~o ooo oooooooooooooooooooooooooooooo~o~ooooooooooo ~ ~O00MO~O~OOO~OOOOOOMO~OO~OM~O~MMMMMOMMMO00 ~ ~oooooooooooooooooooooooooooooooo~oooooooooooo!~i:?~g = ~.W. 12 AVE. ~ ? BOND WAY Z - N.E. '~a'T~ CT N.W, 9TH ST. BUSH BOULEVARQ GEORGE BUSH N.E. 7TH ST. N,W. 6TH ST. N.E. 6TH ST. '~ 5TH ll~RR. ,--'-, N.E. ~ 6TH N,E. 5TH CT. N.E. 5TH v ST. LAKE IDA ROAD CITY °f DELRAY BEACH II SEACREST/DEL IDA ,, DATE:7/29/99, ENVIRONMENTAL SERVICE8 DEPARTMENT NEIGHBORHOOD j j ~ OF, ,m mm'. ~ ^~.,~ ~a.~Y ~ ..o.~ ,~.4 L OCATI ON M AP II 99-006 GIANNETTI CONTRACTING Jill - 1 1999 CORPORATION 4371 N.W. 19th Avenue Pompano Beach, Florida 33064 (954) 978-0211 SEWER - WATER - PAVING FAX (954) 978-0331 July 1, 1999 City of Dekay Beach 100 NW 1st Ave Delray Beach, FL 33444 RE: Seacrest / Del Ida Neighborhood Improvements Phase 1 project no. 99-006 bid no. 99-027 ATTN: Jackylyn Rooney Purchasing Supervisor Dear Jacklyn, please be aware that our firm was the apparent low bidder on the above referenced project. After a second analysis of our bid we had noticed a substantial error in our bid. The error reflects our total labor costs and was quite significant in our total bid costs. Our bid reflects an error of $500.00 per day which was incorrectly entered into our bid spreadsheet, for all crews mainline construction, cleanup, connections, & service crew. item # 2 clearing and grubbing was mistakenly entered into our bid as $4,000.00 instead of $40,000. Our total days anticipated were as follows. watermain 24 drainage 3 sanitary sewer 2 water services within row 21 water services property line 30 removal of ex watermain 10 removal of driveways all types 15 irrigation sleeve 1 corm~ctions tappina sleeves and line stops 18 TOTAL DAYS 124 In total we have omitted a bid with a total error of $98,000.00 ARer a second evaluation of our bid and errors we would like to withdrawl our bid and be disqualified from any activities on this project and have our bid security returned as per article 13.2 of the instructions to bidders. Thank you for your cooperation, & [fi could be of any fin'ther assistance please feel firee · to contact me with any questions whatsoever. Rieky Giannetti ~0 Vice President cc: Barton E Caronite TO: D~TY( [/~(:>t~..~ MANAGER THRU: DIt~NE DOMINGUEZ, PL/~INING, AND ZONING DIRECTOR FROM: JANET MEEKS, SENIOR PLANNER SUBJECT: MEETING OF AUGUST 3, 1999 APPROVAL OF ARCHITECTURAL ELEVATIONS FOR WALGREENS, TO BE LOCATED AT THE SOUTHWEST CORNER OF WEST ATLANTIC AVENUE AND CONGRESS AVENUE WITHIN THE CONGRESS SQUARE SHOPPING CENTER The subject property (1.71 acres) incorporates all of Tract D and a portion of Tract C, Congress Square plat and is zoned PC (Planned Commercial). At its meeting of July 14, 1999, the Site Plan Review and Appearance Board approved a Class IV site modification for Walgreens at an outparcel of the Congress Square shopping center, subject to conditions. The development proposal includes the demolition of the existing Bennett Auto Store and associated parking, reconstruction of a 13,905 square foot drug store with a drive-thru prescription lane, and 77 parking spaces. The architectural elevations are not consistent with the rest of the center in terms of color and architectural style, and therefore require approval of the City Commission. Pursuant to Section 4.6.18(B)(13) (Outbuildings and Shopping Centers) outbuildings within a shopping center shall be compatible in terms of color, materials, and architectural style, and the Site Plan Review and Appearance Board shall make a finding of such compatibility prior to approval of outbuilding elevations. If the Board determines that there is not compatibility with respect to any of the items, then it may deny the elevations, unless it is determined that despite the incompatibility, the elevations should be approved. In that event, the Board may forward the elevations to the City Commission with a recommendation of approval and the City Commission shall take final action. The Congress Square shopping center is one story with a parapet that varies in height. Two story towers are located at the corners of the shopping center and at the offsets. Shed type mansard roofs are located over the storefronts between the towers and contain a copper roofing material that has been painted pink to match the center, which also contains green accents. The shopping center is somewhat antiquated and does not contain any outstanding architectural features or details that could be carried over to the new Walgreens. The proposed elevations for Walgreens include a flat roof with a tower feature over the main entrance (northeast corner) which will face the Atlantic Avenue and Congress Avenue intersection. A mansard roof with copper standing seam metal and applied pilasters (with a 4" reveal) are to be located along the west elevation. Applied pilasters are also to be located along City Commission Documentation Walgreens - Architectural Elevations Page 2 the south and east elevations. The drive-thru prescription window is to be located along the south elevation. The proposed color of the building is a combination of creams with a pinkish tint. The proposed Walgreens is of a different architectural style than the shopping center, however it contains some of the same building materials, such as stucco walls and mansard roofs with standing seam metal. The tower feature and mansard help to provide some continuity between the main shopping center and outbuilding. The proposed color (cream with a pinkish tint) is complimentary to the darker pink of the shopping center. At its meeting of July 14, 1999, the Site Plan Review and Appearance Board considered the proposed architectural elevations in conjunction with the Class IV site plan modification for Walgreens. The Board had no objections to the proposed elevations and felt that the structure had been designed to be complimentary to the shopping center yet maintain its own identity. The Board voted 5-0 (Smith and Fowler absent) to recommend to the City Commission approval of the architectural elevations for Walgreens, based upon positive findings with respect to LDR Section 4.6.18(B)(13)(b), that although the architectural style and color differs from that of the shopping center, the building will be complimentary to the overall shopping center and the surrounding area. By motion, approve the architectural elevations for Walgreens subject to the findings as recommended by the Site Plan Review and Appearance Board. Attachments: · Proposed Elevations Congress Square Shopping Center Congress Square Shopping Center MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER SUBJECT: AGENDA ITEM #~ - REGULAR MEETING OF AUGUST 3, 1999 FINAL PLAT A~PROVAL/DELRAY COMMONS DATE: JULY 26, 1999 This is before the Commission to approve the final subdivision plat for Delray Commons. The property is being replatted to create an outparcel that is being sold from the original parcel. The proposed use of the outparcel is for a bank. The site is located at the southwest corner of Military Trail and West Atlantic Avenue. Ail technical and staff comments have been addressed and the plat is ready for approval. Attached is a memorandum from the Planning and Zoning Department which provides background on the final plat request. The outparcel in question was recently acquired by Republic Bank. The bank requested a separate legal description be created so they could purchase rather than lease the site from the current owner. The City's subdivision ordinance requires separate legal descriptions to be created by a plat or replat of the property. Recommend approval of the final subdivision plat for Delray Commons. Ref:AGMEMO10.Delray Commons Plat Agenda Item NO. 9~ AGENDA REQUEST Date: July 29, 1999 Request to be placed on: X Regular Agenda Special Agenda Workshop Agenda When: Aug. 3, 1999 Description of item (who, what, where, how much):Approval of the Plat for Delra¥ Commons. Staff comments have been addressed. ORDINANCE/RESOLUTION REQUIRED: YES/NO DRAFT ATTACHED YES/NO Recommendation: Staff recom~m%nds ~pproval~the Subdivision Plat for Delray Commons. Department head signature: Determination of Consistency with Comprehensive Plan: City Attorney Review/Recommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): Funding available: YES/NO Funding alternatives (if applicable) Account No. & Description Account Balance City Manager Review: Approved for agenda: ,/NO Agenda Coordinator Review: O~< ~ f,~ < d %~~' Received: Placed on Agenda: Action: Approved/Disapproved cc: tac-Delray Commons file:s/engadmin/tac/Delray Commons/ag080399.doc FROM: 1SaUl INCIPAL PLANNER SUBJECT: MEETING OF AUGUST 3, '1999 APPROVAL OF A FINAL PLAT FOR THE DELRAY COMMONS SHOPPING CENTER The Delray Commons shopping center was developed in the County and annexed into the City in 1991. The shopping center contains the Baby Super Store as its anchor, along with other smaller retail bays. Two out-buildings (Burger King and a bank building), and one out-parcel (gasoline station) were developed on the site. The bank building has been vacant for some time and was recently acquired by Republic Bank. The bank requested a separate legal description be created so they could purchase, rather than lease the site from the current owner. The City's subdivision ordinance requires separate legal descriptions to be created by a plat or re-plat of the property. This replat creates two separate tracts (bank and shopping center) and provides for cross access, cross drainage and cross parking agreements between tracts. In addition, the replat provides for utility easements to accommodate existing city utilities (sewer and water) which were previously located throughout the site without easements. The proposed tracts meet the minimum lot size of 10,000 sq. ft. along with LDR requirements contained in the development standard matrix Section 4.3.3. (setbacks, open space, etc.) LDR Section 4.6.18 also refers to outbuildings, however this section relates to minimum aesthetic standards that will be addressed if future facade changes are requested. Final plats do not require review or a recommendation by the Planning and Zoning Board. By motion, approve the final plat for Delray Commons. City Of Delray Beach Department of Environmental Services M E M 0 R A N D U M TO: David T. Harden, City Manager-- FROM: Barron Caronite, PE, Asst. City Engine~~ DATE: July 29, 1999 SUBJECT: Delray Commons Plat Please find the a agenda request for Commission approval of the plat for Delray Commons attached. I have also enclosed a location map, and a reduced copy of the plat. The site is located on the Southwest corner of the intersection of Military Trail and Atlantic Avenue. The property is being replated to create an out-parcel (a bank) that is being sold from the original parcel. If this meets with your approval, please place it on the August 3, 1999 Commission meeting for Commission approval. File: S:lengadminltacldelray commons/agmemo.doc cc: Randall Krejcarek, P.E., City Engineer Paul Dorling, Planning/Zoning TAC: Delray Commons ~V~OV ~¥~3¥ MKMOtt 4NDUM TO: David T. Harden, Assistant City Manager FROM: ,~obert A. Barcinski, Assistant City Manager DATE: July 27, 1999 SUBJECT: AGENDA ITEM CITY COMMISSION MEETING AUGUST 3, 1999 ADDITIONAL REQUEST - GARLIC FESTIVAL Action City Commission is requested to approved and grant a temporary use permit per LDR's section 2.4.6 (H) for the use of the Worthing Park parking lot for vendor parking and City Hall parking lots for public parking for the Garlic Festival to be held October 16 and 17. Background At Commission meeting on Apdl 6, 1999, this event was approved and a temporary use permit was granted for street closures, as well as signage approval and staff support with the sponsor paying the costs. The event sponsor is now requesting the use of the City Hall parking lots for attendee parking on October 16 from 10AM to 10PM and on October 17 from 10AM to 6PM. The sponsor is also requesting the use of the Worthing Park Parking lot for vendor parking from 3PM 10/15 through 10/17 8:30PM. Recommendation Staff recommends approval of the temporary use request provided the sponsor provides liability insurance and a hold harmless agreement for the use of the Worthing Park lot. No approval or agreement would be needed for the City Hall lot. This lot as well as other public parking lots would be available to anyone to use on those dates. RAB:ags File: Allen/Asmemos Doc: Garlicagn RECEIVED Mr. Bob Barsinski J U L 1 6 1999 City of Delray Beach 100 NW 1st Avenue ASSISTANT CITY MANAGER Delray Beach, FL 33444 REF: 1999 Delra~. Beach Gadic Festival October 16'" 17th 1999 Dear Bob, Per our conversation on July 6, 1999, I am requesting the use of the Public parking lots at City Hall and behind the Grip building (between SE 1st and SE 2nd) for use during our Garlic Festival. We will need use of the City Hall parking lot for attendees of our Garlic Festival on Saturday, October 16th from10 am to 10 pm and Sunday, October 17th from 10 am to 6 pm. The parking lot behind the Grip building would be allocated for our vendor ( both our vendors & Green Market vendors) parking area. We will need use of this parking area from Friday, October 15th beginning at 3 pm through Sunday, October 17th at 8.30 PM. Please call me if you have any questions regarding this request. Thanks for all your help. Assistant Executive Director MEMORANDUM TO: David T. Harden, City Manager ~,A-~ FROM: Regina M. Frazier, Budget Administrator~ THROUGH: Joseph M. Safford, Finance Director~,,.j~ SUBJECT: Budget Amendment for FY 98/99 DATE: July 29, 1999 Attached please find Resolution Number 51-99 which amends the budget for Fiscal Year 1998/99. Backup documentation is also attached along with detailed budget transfers itemizing the changes incorporated in the amendment. Please place on the August 3, 1999 agenda for City Commission approval. Thank you. RESOLUTION NO. 51-99 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING RESOLUTION NO. 63-98 ADOPTED SEPTEMBER 22, 1998, AND RESOLUTION NO. 27-99 ADOPTED APRIL 20, 1999, WHICH MADE APPROPRIATIONS OF SUMS OF MONEY FOR ALL NECESSARY EXPENDITURES OF THE OF THE CITY OF DELRAY BEACH, FLORIDA, FOR THE FISCAL YEAR 1999, BY SETTING FORTH THE ANTICIPATED REVENUES AND EXPENDITURES FOR THE OPERATING FUNDS OF THE CITY FOR THE FISCAL YEAR 1999; TO REPEAL ALL RESOLUTIONS INCONSISTENT HEREWITH. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Section 1 of Resolution No. 63-98 adopted September 22, 1998, and Section 1 of Resolution No. 27- 99 adopted April 20, 1999, are hereby repealed, and a new Section 1 is enacted and amended to read as follows: That the following sums of money, attached hereto and marked Exhibit "~', are hereby appropriated upon the terms and conditions herein set forth. Section 2. That, subject to the qualifications contained in this resolution, all appropriations made out of the General Fund are declared to be maximum, conditional, and proportionate appropriations, the purpose being to make the appropriations payable in full in the amounts herein named if necessary and then only in the event the aggregate revenues collected and other resources available during the period commencing the 1st day of October, 1998, and ending the 30th day of September, 1999, for which the appropriations are made, are sufficient to pay all the appropriations in full. Otherwise, said appropriations shall be deemed to be payable in such proportion as the total sum of realized revenue of the General Fund is to the total amount of revenues estimated by the City Commission to be available in the period commencing the 1st day of October, 1998, and ending the 30th day of September, 1999. Section 3. -That all balances of the appropriations payable out of the General Fund of the City Treasury unencumbered at the close of business on the 30th day of September, 1998, except as otherwise provided for, are hereby declared to be lapsed into the City Treasury and may be used for the payment of the appropriations which may be made in any appropriation for the fiscal year commencing the 1st day of October, 1998. However, nothing in this section shall be construed to be applicable to unencumbered balances remaining to the credit of the Water and Sewer Fund, Sanitation Fund or any Fund created by the setting up of special revenue, but such balances shall be used in financing the proposed expenditures of these Funds for the fiscal year commencing the 1s~ day of October, 1998. Section 4. That no department, bureau, agency or individual receiving appropriations under the provisions of this resolution shall exceed the amount of its appropriation, except with the consent and approval of the City Commission first obtained. If such department, bureau, agency or individual shall exceed the amount of its appropriation without such consent and approval of the City Commission, the administrative officer or individual, in the discretion of the City Commission, may be deemed guilty of neglect of official duty and may be subject to removal therefor. Section 5. That nothing in this resolution shall be construed as authorizing any reduction to be made in the amounts appropriated in this resolution for the payment of interest on, or retirement of, the debt of the City of Delray Beach, Florida. Section 6. That none of the monies enumerated in this resolution in connection with the General Fund, Water and Sewer Fund, Sanitation Fund or any other Fund of the City shall be expended for any purposes other than those for which they are appropriated, and it shall be the duty of the Budget Administrator and/or Finance Director to report known violations of this section to the City Manager. Section 7. That all monies collected by any department, bureau, agency or individual of the City government shall be paid promptly into the City Treasury. 2 Res. No. 51-99 Section 8. That the foregoing budget is hereby adopted as the official budget of the City of Delray Beach, Florida, for the aforesaid period. However, the restrictions with respect to the expenditures/expenses of the funds appropriated shall apply only to the lump sum amounts for classes of expenditures/expenses which have been included in this resolution. Section 9. That public hearings were held on the tax levy and the budget on September 15, 1998, and September 22, 1998. Section 10. That this resolution shall become effective immediately upon its passage. PASSED AND ADOPTED in regular session on this the 3rd day of August, 1999. ATTEST: ~City C~rk ! 3 Res. No. 51-99 Exhibit A BUDGET SUMMARY CITY OF DELRAY BEACH, FLORIDA FISCAL YEAR 1998-1999 DOWNTOWN SPECIAL GENERAL DEVELOPMENT ENTERPRISE REVENUE FUND FUND FUNDS FUNDS TOTAL CASH BALANCES BROUGHT FORWARD 658,743 47,000 3,106,130 896,826 4,708,699 ESTIMATED REVENUES: TAXES Millages AD VALOREM TAXES 6.91 19,626,970 19,626,970 AD VALOREM TAXES 0.79 2,243,900 2,243,900 AD VALOREM - DELINQUENT 62,000 62,000 AD VALOREM - DDA 1.O0 97,530 97,530 Sales & Use Taxes 1,385,400 1,385,400 Franchise Taxes 3,287,000 3,287,000 Utility Taxes 5,996,000 5,996,000 Licenses & Permits 2,215,460 2,215,460 Intergovernmental 5,442,200 49,461 1,681,930 7,173,591 Charges for Services 4,248,053 26,944,010 31,192,063 Fines & Forfeitures 643,500 643,500 Miscellaneous Revenues 2,836,880 4,330 1,163,990 11,200 4,016,400 Other Financing Sources 2,359,800 50,000 937,560 3,347,360 TOTAL REVENUES AND OTHER FINANCING SOURCES 50,347,163 101,860 28,207,461 2,630,690 81,287, 174 TOTAL ESTIMATED REVENUES AND BALANCES 51,005,906 148,860 31,313,591 3,527,516 85,995,873 EXPENDITURES/EXPENSES: General Government Services 5,893,001 5,893,001 Public Safety 28,165,357 28,165,357 Physical Environment 312,255 17,747,187 18,059,442 Transportation 1,323,394 1,323,394 Economic Environment 1,025,070 127,830 2,712,986 3,865,886 Human Services 133,300 133,300 Culture & Recreation 6,889,957 3,706,433 420,530 11,016,920 Debt Service 4,049,020 4,602,420 8,651,440 Other Financing Uses 3,170,701 4,574,330 297,230 8,042,261 TOTAL EXPENDITURES/EXPENSES 50,962,055 127,830 30,630,370 3,430,746 85,151,001 Reserves 43,851 21,030 683,221 96,770 844,872 TOTAL EXPENDITURES AND RESERVES 51,005,906 148,860 31,313,591 3,527,516 85,995,873 RES. NO. 51-99 City of Delray Beach Budget Transfer Form (1) Departmental Line Transfer (2) Date 07/30/99 (3) Interfund/~terdepartmental Transfer (4) Batch Number (5) Requested By: Regina Frazier. Budget Administrato~ PROJECT # (6) ACCOUNT NUMBER (7)~ON (8) TRANSFER OUT (9) TRANSFER IN (1~ 001-6111-519.99-03 Manager's Contingency 25,000 001-9111-581.91-03 Transfer to General Const. 25 ~000 334-0000-381.10-00 Rec'd from General Fund 25,000 98085 334-6111-519.63-90 Other Improvements 25,000 (2'. 441-0000-301.02-00 R&R Reserve - SCRWTDB 95,400 441-5142-536.46-20 Equipment Maintenance 10,400 441-5142-536.63-90 Other Improvements 85,000 (10) TOTAL 145~400 145~400 JUSTWICATION: (1) To budget the property owner's share of the Pineapple Grove Entrance Project which will be offset by a special assessment approved by City C ,o,mmission 6/1/99. (2) To fund additional emergency repair items approved by SCRWTDB on 7/15/99. Department Head Asst City Manager Finance Director City Manager (11) Budget Revision Date (12) Control Number (13) Period (14) Count ORIGINAL-BUDGET CANARY-FILE PINK-DEPARTMENT Y" City of Delray Beach Budget Transfer Form (1) Departmental Line Transfer (2) Date 07/29/99 (3) Interfund/Luterdepartmental Transfer (4) Batch Number (5) Requested By: Regina Frazier, Budget Administrator~ PROJECT, #, (6) ACC,OUNT NUMBER (7) ON ,. (a) TRANSFER OUT (9,) TRANSFER IN 001-9111-581.91-04 Transfer to CDBG 13,060 001-6111-519.99-03 Manager's Comingency 13,060 118-0000-381.10-00 Rec'd from General Fund 13,060 118-0000-334.48-00 SHIP Program 122,472 118-0000-301.18-00 Prior Year Surplus 90,275 118-1924-554.12-10 Regular Salaries 9,781 118-1924-554.12-30 Tenn. Pay/Sick & Vacation 3, 118-1924-554.21-10 FICA 507 118-1924-554.22-10 General Empl. Retirement 210 118-1924,554.23-10 Life Insurance 32 118-1924-554.23-20 Disability Insurance 20 118-1924-554.23-30 Health Insurance 547 118-1924-554.24-10 Worker's Compensation 52 118-1924-554.25-10 Unemployment Compensation 1 118-1924-554.25-20 Employee Assistance Plan 8 118-1924-554.49-19 Housing Rehab 39,242 118-1924-554.83-01 Other Grants & Aids 168,412 (10) TOTAL .. 236,945 236,945 'JUSTIFICATION: To adju?t the CDBG budget to reflect the increase in revenue from the State for the SI-lIP Program and to bring forth the remaining prior year balance. This increase is offset slightly by a decrease in funding from the General Fund for administrative costs. Department Head Asst City Manager \ Finance Director ~x~ City Manager. (11) Budget Revision Date (12) Control Number (13) Period (14) Count ORIGINAL-BUDGET CANARY-FILE PINK-DEPARTMENT FLORIDA HOUSING FINANCE Jute t 00RPORATION June 8, 1999 . :. J~ Governor ~c~ ~ The Honorable Jay Alperin ~ Mayor v.,,,,~s~ t.m J~. City of Delmy Beach ~ce Clmlrman 100 Northwest 1 st Avenue ~uau~ or l>~c-ro~ Delray Beach, Florida 33444-2698 Rr~z Dr, Az ~,' Vu~xc,~s c-~ L~c~ Subject: State Housing Initiatives Parmership (SHIP) Program j^tx re, xwm. Distribution of Excess Documentary Stamp Tax Collections JAn' TAYLOR ~ear Mayor Alperin: v_x om,qo An excess collection of documentary stamp taxes in fiscal year 1997-1998 in addition su~e~ z. t~m to anticipated overage of documentary stamp tax collections for fiscal year 1998-1999 Chief Exe~atlve Officer . will'allow a distribution of approximately $33,129,018 in accordance with Section 420.9078, Florida Statutes. Florida Housing Finance Corporation will authorize warrants totaling $33,129,018 June 8, 1999. The total distribution calculated for the City of Delray Beach is $132,230. Your Disbursement Check or EFT Notification is attached. These funds are to be used for your Local Housing Assistance Program established pursuant to Section 420.9071- 420.9078, Florida Statutes. These funds are to be used only for programs approved by Florida Housing Finance Corporation under your Local Housing Assistance Plan. Sincerely, .~hief ExecutU~er SJL/twb Enclosures cc: Mr. Michael Simon, Affordable Hsg. Administrator, City of Delray Beach 227 North Bronough Street, Suite 5000 · Tallahassee, Florida 32301-1329 · 8504884197 Fax: 850488-9809 [lTV [iF DELRR¥ GEREg ' TELEPHONE 561/243-7090. FACSIMILE 561/278-4755 D£IRA¥ BEACH Writer's Direct Line: 561/243-7091 ® DATE: May 24, 1999 1993 TO: City Commission FROM: Brian Shutt, Assistant City Attorney SUBJECT: Pineapple Grove Entrance Special Assessment District- Resolution of Necessity The attached resolution, if approved, will authorize City staff to prepare the assessment roll, mail notices, and advertise a public hearing for the Pineapple Grove Entrance Special Assessment District. The total projected cost of the street beautification is $154,000.001- The property owners will contribute $25,000.00 through the special assessment process. The City shall contribute $43,600.00, the CRA shall contribute $50,000.00 and Pineapple Grove Mainstreet shall contribute $36,000.00. The City Commission must approve the resolution of necessity in order for City staff to prepare the assessment roll. The City will publish the resolution for two consecutive weeks after adoption by the Commission. If you have any questions concerning this matter, please call. Attachment cc: David Harden, City Manager Alison Harty, City Clerk Randal Krejcarek, City Engineer '-~'FRDM :.-CTY. ENVIRBMENTAL SERVICES PHONE NO. : S612437060 Jul. 28 1999 02:31PM P3 AGENDA S.C.R.W.T.D.B JULY 15. 1999 PAGE 4 all lab testing ves~ela.  6. AUTHOP~ZATZQN TO ~XPEND~i~,O~..~O~ ~ESEHVE ~ ~ ~ ~r~s~ order ~i~ ~o l~est bidder. Proceeded wi~ work ~o assure effluent p~ cap~illties. ~tor failure due to water ~ee~ing t~ough the housing. 8. A~HO~TION ~ ~ILIZE ~ZNI~ ~~~ NORT~ST ~SE ~S ($29,869.) TO P~~E ~ INST~L V~I~ ~OU~CY DRT~ FOR HEgSE P~PS. (No Additional ~ds Needed) This will reduce power consumption, surges in -~ra~smisslon main, aud prolong effluent pump motor's life. _-~..'~ $. AUTHORIZATION TO INCREASE AMOUNT APPEOPRIATED (FROM T~ (z,350.00o + 17o. ooo After u~ bl~ t~ks were placed in s~ice, the investlgatio~ of ~st~ng bled t~ks r~vealed ~t~sive deterioratiom of top su~r~ st~cture re~iriag c~pl ete rep[ ac~ t. {Ese ~closure) 0. AUTHORIZATION TO Z~C~EASB HAZEN & SAW~ER'S UPP~ LIMIT FOg ENGZNEEHZNG SERVICES ~OR IMPR~$ TO THE SLUDGE MANA~ FACILITF FROJE $257 , 662~267 , 662. Mo~ies appropriated from Reserve ~u~d in G (9). EROM :~.CTY. ENUIROMENTAL SERUICES PHONE NO. : 56124~7060 Jul. 28 1999 02:30PM P~ AGENDA S.C.R.W.T.D.B JULY 15, 1999 PAGE 3 ( i ) Sludge Management. -Project; (Verbal Heport ) (2) Grit Discharge System (Verbal Re~ort} G. CONSENT AGEHDA (Board Members may request that any item be removed for discussion.) 1. REQUEST FOE P~N~T&~L OF AUDITING SERVICE WITH HAAS DIAZ & CO. Proposal Enclosed AUTHORIZATION TO ADJUST 1998/99 0 & ~ BUDGET LINE ITEMS (See Line Item Transfers Re~ort) 3. AUTTfOHIZATIONTODISTRIBUTE PLANT PERI;O~CE AWARD PE~ THE FOLLOWING SCHEDULE. a. Criteria for Disbribution b. Dis tribu tion Even though we are treating more wast~water and have expanded oj~erations, due to regulatory a~d customer requirements, 1998/99 will be the 7th year ima row that o~erating COmbS have been below the 1990/91 ol)erating cos ts. AUTHORIZATION TO ENTER IETO ~AINTENANC~ AG~EE2~ENT WITH ALFA LAVEL POR TWO (2] S~ARPZ~ CENTRI~GES. Renewal of exi~ing Contract ~o assure continuous sludge processing. Cost for service projected in Budget. AUTHOP. rZATION TO EZP~OM RESEHVE ~ ON AN ENERG~CF BASIS TO REPLAE~=T~EK SCRUBBER ~N LAB. Scrubber needed immediately to assure sterilization of MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER SUBJECT: AGENDA ITEM # q~- REGULAR MEETING OF AUGUST 3f 1999 ALTERNATIVE DATE FOR THE YEAR 2000 TOWN HALL MEETING DATE: JULY 30, 1999 At the organizational meeting held on March 25, 1999, the City Commission approved the regularly scheduled City Commission meeting dates for the period April 1999 through March 2000. Included in the schedule was the Annual Town Hall Meeting which was scheduled to be held on January 25, 2000, or the fourth Tuesday in January. It had been the prior consensus of the City Commission to hold the combined Town Hall and Infrastructure Needs meeting on the fourth Tuesday in January of each year as it was felt this would aid staff in identifying and prioritizing capital needs for the upcoming budget process. However, this year we have encountered a conflict with Fotofusion which will be held in Delray Beach from January 24th through the 30th. In checking with the Crest Theatre at Old School Square, the list of available dates in the time frame desired is attached for your review. On at least one occasion, the Town Hall Meeting was held in lieu of the regular February work session which would be Tuesday, February 8, 2000. However, other dates are available as well. Commission direction is requested. Ref:Agmemol3.Town Hall Meeting ~/ ~O~OP ~ ~/~'~/~006) January, 2000 February, 2000 Tuesday 4th Tuesday 1 st Tuesday 11 th Tuesday 8th Tuesday 18~h Tuesday 15th Monday 17th Tuesday 22na Wednesday 19th Tuesday 29~h Thursday 20th **PLEASE NOTE THAT PHOTOFUSION IS SCHEDULED FOR THE WEEK OF: JANUARY 24-30, 2000 CITY OF OELRI:IY BEI:II:H CITY ATTORNEY'S OFFICE TM TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755 Writer's Direct Line: (561) 243-7090 DELRAY BEACH All. America City M~MO~m ~ TO: City Commission 1993 FROM: Jay T. Jambeck, Assistant City Attorney }t SUBJECT: Hegstrom Claim. Attached for your consideration is a settlement offer and a ripeness decision for a claim brought against the City by William and Grace Ann Hegstrom under the Bert J. Harris, Jr. Private Property Rights Act (the "Act") on February 15, 1999. CLAIM The Hegstroms claim that the City's rezoning of their property, located at 225 NE 22~ Street (see attached maps for specific location), from RL to R-l-AA placed an "inordinate burden" on their property fights which resulted in a loss of value to their property. An appraisal obtained by the Hegstroms values the property loss at $14,000. This alleged loss of value was attributed to the fact that the Hegstroms would be allowed two lots under R-l-AA as opposed to three lots under RL. SETTLEMENT OFFER Pursuant to the Act, the City has 180 days from the time it received the claim to make a good faith settlement offer to the Hegstroms. The deadline to make this offer is August 16, 1999. If the City makes no offer or makes an offer that is not in good faith, the City would be liable for the Hegstroms' costs and attorney's fees should they prevail at trial. If the Hegstroms fail to accept a good faith offer and lose at trial, the Hegstroms must likewise pay the City's costs and attorneys' fees. At this time, the City Attorney's Office submits the attached good faith offer of settlement. The essense of that offer is as follows: 1. The City agrees to rezone the Hegstroms' property from R-l-AA to R-1-A. This rezoning would allow the Hegstroms to subdivide the parcel into three 60' lots. 2. The City agrees to provide waivers of applicable setback requirements necessary for a pool that would be located on the center lot created by the subdivision and other applicable setback requirements. The Hegstroms have indicated that, in addition to the above, they should be reimbursed for their expenses, which they claim amount to $2,000 for an appraisal and $4,000 for attorney fees. Our standard recommendation with regard to a proposed settlemem is that each party should bear their own costs and attorneys fees. Consistent with that principle, the City Attorney's office recommends approving the settlement offer, without any reimbursement to the Hegstroms for their costs or attorneys fees. While our office feels that we have a strong case, the proposed settlement offer presents an equitable solution that fully addresses the Hegstrom claim. RIPENESS DECISION If a settlement agreement is not reached between the parties, the Act requires the City to issue a "ripeness decision" that details the allowable uses for the Hegstroms' property under the current zoning regulations. We seek approval of the attached ripeness decision to be issued if no settlement agreement is reached between the parties. Please do not hesitate to contact me if you should have any questions. cc: David T. Harden, City Manager Alison MacGregor Harty, City Clerk Diane Dominguez, Planning Director Michael Weiner, Esq., attorney for Hegstroms, 102 North Swinton Avenue, Delray Beach, Florida 33444 ~ ""'"'- R-l-AA · _ CF=*..-. · . -../' ~.(. ~ . ....... t i* , CF ~"" ~,, ...... .Fi ;~ ...... : , ~ / ,' R-l-AA = I . ~.'- i '- .. ~ , · · · . 1~ ~ [ I ~ L' ~ ~ , / '~'* .~ i~i '. ', ' "'' ~'~=~ / ~t ....... .. ~ i '* ~ RO " *, '. ; I :* ,. . .., RM R' ~' m , .- =.~ ~ : CF ' ~ ~ -~ R-l-AA ' ,  N SEACREST/DEL-IDA PARK NEIGHBORHOOD O~ Or OtLRAY BEACH. rL -- EXISTING ZONING - .... ~ORIC I ; ; I AUCAMP, DELLENBACK & WHITNEY AIq'P, AISEILS & CONSULTANTS SETTLEMENT AGREEMENT THIS SETTLEMENT AGREEMENT CAgrcement") is made and entered into this day of August,~ 1999, by and between WILLIAM and GRACE ANN HEGSTROM, as Trustees CHEGSTROMS"), and the CITY OF DELRAY BEACH, a Florida municipal corporation, ("CITY"). WITNESSETH: WHEREAS, the HEGSTROMS have filed a claim against the CITY under the Bert J. Harris, Jr. Private Property Rights Protection Act concerning the alleged devaluation of their property due to the CITY's rezoning of the property from RL to R-l-AA; and WHEREAS, the parties desire to settle the claim by entering into this agreement in order to avoid the time and expense incurred in litigation; and WHEREAS, this settlement agreement will resolve the differences between the parties. NOW THEREFORE, for good and valuable consideration, the parties agree as follows: 1. The recitations set forth above are incorporated herein. 2. That CITY shall rezone the HEGSTROM Property (More fully described in Exhibit "A" attached hereto) from R-l-AA to R-1-A in order to allow the HEGSTROMS to subdivide the property into three lots, each having a minimum width of 60 feet. The HEGSTROMS agree that zoning the property to R-1-A does not allow the HEGSTROMS to erect duplexes on any of the three lots created by a subdivision of the HEGSTROM Property. The HEGSTROMS agree and understand that use of the three lots is restricted to the requirements for zoning district R-1-A as stated in Section 4.4.3 of the Land Development Regulations of the Code of Ordinances for the City of Delray Beach. The City furthermore reserves the right to enforce any and all applicable provisions of the Code of Ordinances for the City of Delray B6ach, including but not limited to, the Land Development Regulations, against the HEGSTROMS property, except as otherwise provided for herein. 3. The HEGSTROMS shall provide a minimum side setback of 7 1/2 feet between the existing structures on the proposed westernmost lot and the property line of the proposed center lot. The HEGSTROMS shall further provide that the pool located on the proposed center lot shall have a side setback of 7 z,6 feet. If these setback requirements cannot be met, the City Commission shall consider waiver of the setback provisions of the Land Development Regulations of the Code of Ordinances for the City of Delray Beach for the HEGSTROM Property. Such waiver shall be only to the extent necessary and shall in no case reduce the setbacks to less than 4 feet. 4. The HEGSTROMS hereby agree that if the nonconforming commercial use located on the proposed westernmost lot is discontinued for a period of 180 days or more, the HEGSTROMS shall forever lose any and all right to the nonconforming use and shall cause the property to conform to the use requirements for zoning district R-1-A as stated in Section 4.4.3 of the Land Development Regulations of the Code of Ordinances for the City of Delray Beach. 5. That in consideration of the rezoning of the HEGSTROMS' property to R-1-A as set forth in Paragraph 2 of this agreement and the waiver of setback requirements as set forth in Paragraph 3 of this Agreement, HEGSTROMS, or counsel on HEGSTROMS' behalf, shall refrain from pursuing their claim, and shall not file suit in state or federal court 2 or pursue any other redress against the CITY, for the rezoning of their property from RL to R-I-AA. 6. That in' return for the consideration stated in this agreement the HEGSTROMS, their respective agents, successors, heirs and assigns, shall hold the CITY harmless and release the CITY from any and all manner of action and actions, cause and causes of action, suits, debts, dues, sums of money, accounts, reckonings, bonds, bills, specialties, covenants, contracts, controversies, agreements, promises, variances, trespasses, damages, judgments, extent, executions, claims and demands whatsoever, in law or in equity, which HEGSTROMS, ever had, now have or which they hereafter can, shall or may have, for, upor~ or by reason of any matter, cause of thing whatsoever, from the beginning of the world to the day of this date of these presents, upon or by reason of all facts and circumstances arising out of the dispute regarding alleged devaluation of the HEGSTROM property by the CITY's rezoning it from RL to R-I-AA, subject only to the terms of this agreement. 7. That it is understood and agreed by the parties hereto that the CITY's obligations herein are made in compromise of a disputed claim and shall not be construed as an admission of liability by the CITY or any other person, association or corporation which is or might be claimed to be jointly and/or severally liable to HEGSTROMS as a result of the circumstances mentioned herein. In addition, it is understood and agreed by the parties hereto that the CITY's obligations herein shall not be construed as a waiver of any claim the CITY may have in the future as to the Bert J. Harris, Jr., Private Property Rights Act's constitutionality. It is further understood that this Agreement expresses a full and complete settlement of a liability claimed and denied, and regardless of the adequacy or inadequacy of the amount of consideration it is intended by HEGSTROMS, and the CITY, to be sufficient 3 to avoid litigation and to be a full and final and complete settlement arising out of the claim including all costs and attorney's fees. If a court of competent jurisdiction renders this agreement unenforceable, each party shall retain all legal and equitable rights available to it at the time of such determination by the court. 8. That the parties hereto warrant that no promise or inducement has been made or offered to any party except as set forth herein; that this agreement is executed without reliance on any statement or representation of any party hereto or any agent or representative of the parties as to the nature or extent of any losses, injuries, or damages, or the legal liability therefor. 9. That the parties hereto state that they have had the opportunity to review this Agreement with their respective attorney, and that there are no other agreements, understandings, or reservations not expressly stated herein. 10. That the rights and obligations created by this Agreement shall inure to the benefit of, and be binding upon the parties, their successors and assigns. 11. That this Agreement shall be construed and enforced according to the laws of the State of Florida and venue of all proceedings shall be in Palm Beach County, Florida. 12. That this Agreement shall be null and void unless executed by all parties to this Agreement by August 16, 1999. 13. No modification or change in the Agreement shall be valid or binding upon the parties unless in writing, executed by the parties to be bound thereby. 14. Each party to pay for their own respective costs including, but not limited to, appraisals and attorney's fees. 4 IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date first written above. ATTEST: CITY OF DELRAY BEACH, FLORIDA By: City Clerk Mayor Jay Alperin, D.D.S. Approved as to Form: CiO At~rney WITNESS: WILLIAM HEGSTROM, as Trustee By: William Hegstrom, Trustee (Type or Print Name) STATE OF COUNTY OF The foregoing instrument was acknowledged before me this ~ day of , 1999, by who is personally known to me or has produced as identification. Signature of Notary Public - State of Florida 5 GRACE ANN HEGSTROM, as Trustee WITNESS: By: Grace Ann Hegstrom, Trustee (Type or Print Name) STATE OF COUNTY OF The foregoing instrument was acknowledged before me this day of , 1999, by who is personally known to me or has produced as identification. Signature of Notary Public - State of Florida Hegstrom settlement.agt 6 EXHIBIT "A" THE EAST 165 FEET OF THE WEST 310 FEET OF THE SOUTH ONE-HALF OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER, OF SECTION 4, TOWNSHIP 46 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA LESS THE SOUTH 25 FEET THEREOF HERETOFORE CONVEYED TO THE CITY OF DELRAY BEACH, FLORIDA FOR STREET PURPOSES; TOGETHER WITH THE SOUTH ONE-HALF OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER LESS THE WEST THREE HUNDRED AND TEN FEET AND THE SOUTH TWENTY-FIVE FEET OF SECTION 4, TOWNSHIP 46 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA, ACCORDING TO THE PLAT THEREOF ON FILE IN THE OFFICE OF THE CLERK OF THE CIRCUIT COURT IN AND FOR PALM BEACH COUNTY, FLORIDA IN OFFICIAL RECORD BOOK 62, PAGE 592. RIPENESS DECISION Pursuant to Section 70.001(5)(a), Florida Statutes (1998), the City of Delray Beach hereby issues the following ripeness decision outlining the allowable uses to which the property of William and Grace Ann Hegstrom, located at 225 N.E. 22"~ Street in Delray Beach, Florida (more fully described in exhibit "A" attached hereto) may be put. Each of the uses listed herein is subject to the provisions of Delray Beach's Code of Ordinances and Land Development Regulations, and the City reserves the right to enforce any and all of its Ordinances or Land Development Regulations against the Hegstroms. Although the City is issuing this ripeness decision pursuant to Section 70.001(5)(a), Florida Statutes, the City reserves its right to challenge the constitutionality of the Bert J. Harris, Jr. act's ripeness provisions or any other provisions of the Act. Further, by outlining herein the allowable uses to which the Hegstrom's property may be put, the City in no way stipulates, agrees, affirms, confirms, or assents to the ripeness of the Hegstrom claim and the City reserves the right to challenge the ripeness of the claim in a court of competent jurisdiction. PRINCIPAL USES 1. Conventionally sited Single Family Detached Residence subject to including, but not limited to, the City's development standards in 4.3.4(K) of the Land Development Regulations. LDR § 4.4.3(B)(1). 2. Foster homes pursuant to restrictions set forth in Section 4.3.3(I) of the Land Development Regulations. LDR § 4.4.3(B)(2). ACCESSORY USES AND STRUCTURES PERMITTED 1. Uses and structures normally associated with residences such as: bird aviaries, boat docks, dog houses, and dog runs, garages, greenhouses, guest cottages, playhouses, pool houses and covers, pump houses, slat houses, storage sheds, tennis courts, swimming pools, and workshops. LDR § 4.4.3(C)(1). 2. Home occupations subject to the restrictions set forth in Section 4.3.3(K) of the Land Development Regulations. LDR § 4.4.3(C)(2). 3. Family day care pursuant to the restrictions set forth in Section 4.3.3(T) of the Land Development Regulations. LDR § 4.4.3(C)(3). 4. Home tutorial services subject to the restrictions set forth in Section 4.3.3(KK) of the Land Development Regulations. LDR § 4.4.3(C)(4). 5. Recreational facilities attendant to a subdivision which is operated under a bona fide homeowners association such as: tennis courts, swimming pools, exercise area, clubhouse, and golf courses. LDR § 4.4.3(C)(5). 6. The rental or lease of a boat dock when the dock is assigned to, or on the same lot as each residential use on a one-to-one basis. LDR § 4.4.3(C)(6). CONDITIONAL USES AND STRUCTURES ALLOWED 1. Child care and adult day care. LDR § 4.4.3(D)(1). 2. Churches, or places of worship, and their attendant educational, nursery, Sunday school, recreational, and columbarium facilities. The foregoing does not allow establishment of educational and care uses such as an elementary school and general day care; however, such uses may be established by a separate conditional use application for child care or rezoning to CF, as appropriate. LDR § 4.4.3(D)(2). 3. Educational facilities subject to the restrictions set forth in Section 4.3.3(HH) of the Land Development Regulations. LDR § 4.4.3(D)(3). 4. The use of common recreational facilities such as swimming pools and tennis courts, associated with a subdivision, for club or commercial purposes. LDR § 4.4.3(D)(4). 5. Single family detached residences in zero lot developments but only in the R-1-A and R-l-AA districts. LDR § 4.4.3(D)(5). 6. Level One Group Homes. LDR § 4.4.3(D)(6). NONCONFORMING USE 1. The Hegstroms currently have a nonconforming use on their property as contemplated under LDR § 1.3.5. The Hegstroms may continue this nonconforming use MEMORANDUM TO: MAYOR AND CITY COM/[MISSIONERS /I SUBJECT: AGENDA ITEM # ~ ~' REGULAR MEETING OF AUGUST 3, 1999 APPOINTMENTS TO THE PLANNING & ZONING BOARD DATE: JULY 30, 1999 The terms for Robin Bird, Elaine H. Morris and Carolyn L. Young will expire on August 31, 1999. Mr. Bird and Mrs. Morris are both eligible for reappointment and would like to be considered for an additional term. Mrs. Young has served (2) full consecutive terms and is not eligible for reappointment. Mrs. Morris was originally appointed in January 1999 to complete an unexpired term and Mr. Bird has served one (1) full term. Attendance records are attached. The term is for two (2) years ending August 31,2001. In order 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. The following have submitted applications for consideration: Edward Aptaker Robin Bird Incnmbent Ron Brito (currently serving on BCA- term expires 8/31/99 & not eligible for reappointment) (also applied for SPRAB) Salvatore G. Coco (also applied for SPRAB) Joe Farkas Linda Friess (also applied for SPRAB) William (Bill) W. Harris Shirley Israel Mark L.Krall Elaine H. Morris Incumbent ~ David F. O'Connor Edward A. Ostrowski (currently an alternate on NAB) Benjamin F. Ricker III Dale L. Robertson Bill Schwartz Jeffrey Silberstein (also applied for HPB) Jess M. Sowards (currently serving on BOA) James F. Stahl Pat Stark - ~ppo/~ ~ ~t II/eS. Timm R. Sweeney (also applied for HPB & SPRAB) Kevin P. Warner (also applied for SPRAB) Pursuant to Commission direction, a check for code violations and municipal liens was conducted. None were found. Based on the rotation system, the appointments will be made by Mayor Alperin (Seat #5), Commissioner Schmidt (Seat #1) and Commissioner Archer (Seat #2). Recommend appointment of three members to the Planning and Zoning Board for two year terms ending August 31,2001. sdcityclerkJboard.commissio n memo.p&z.8 3 99 MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER ~'/.~]/v?(. SUBJECT: AGENDA ITEM # 9~/ REGULAR MEETING OF AUGUST 3, 1999 APPOINTMENTS TO THE SITE PLAN REVIEW AND APPEARANCE BOARD DATE: JULY 23, 1999 The terms for William C. Branning and E. Conrad Sittler, Jr. will expire on August 31, 1999. Mr. Sittler has served two full consecutive terms and is not eligible for reappointment. Mr. Branning has served one full term. He is eligible for reappointment and would like to be considered. Attendance records are attached. The term is for two years ending August 31, 2001. 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. The following individuals have submitted applications for consideration: William C. Branning Incumbent ,~pe, m~ Ron Brito (currently serving on BCA-term expires 8/31/99 and isn't eligible for reappointment) (also applied for Planning & Zoning) Salvatore G. Coco Bernard J. Federgreen ~. Linda Friess w ,q~,p~r~,tt, o/~/ (also applied for Planning & Zoning) Gail-Lee McDermott Rhonda P. Sexton Chris C. Stray Timm R. Sweeney (also applied for Planning & Zoning and HPB) Michael B. Sneiderman Kevin P. Warner (also applied for Planning and Zoning) Pursuant to Commission direction, a check for code violations and/or municipal liens was conducted. None were found. Based on the rotation system, the appointments will be made by Commissioner Wright (Seat #3) and Commissioner Randolph (Seat #4). Recommend appointment of two (2) members to the Site Plan Review and Appearance Board for a two-year term ending August 31, 2001. s/cit yclerk/board.commission, memo.sprab. R 3 99 MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGERff??/'~ SUBJECT: AGENDA ITEM # ~--~ REGULAR MEETING OF AUGUST 3, 1999 APPOINTMENTS TO THE HISTORIC PRESERVATION BOARD DATE: JULY 30, 1999 The terms for Shane Ames, Tony Keller and Debora Turner Oster will expire on August 31, 1999. Mrs. Oster has served two full consecutive terms and is not eligible for reappointment. Mr. Keller has served one full term and Mr. Ames was appointed in March 1998 to complete an unexpired tenn. Both are eligible for reappointment and would like to be considered for an additional term. Attendance records are attached. The term is for two (2) years ending August 31, 2001. 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 people who own property within historic districts or whose property is 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 appointments will be made by Mayor Alperin (Seat #5), Commissioner Schmidt (Seat #1) and Commissioner Archer (Seat #2). Recommend appointment of three regular members to the Historic Preservation Board for two year terms ending August 31, 2001. Appointment to the Historic Preservation Board City Commission Regular Meeting of August 3, 1999 The following individuals have submitted applications for consideration: Owns property within a historic district: Shane Ames- ,~mr~o ~ ~t.¢'. ~5~--incumbentC/z/k/ oo/~,, /T/~'. ~m~ ~tY~~ Cecil A. Jamison, Jr. Tony Keller -~m~ ~ Incumbent Fr~ A. Rolo Other applicants: Bo~ie (La Vo~e) Ansbacher (Imerior Design) Dave J. Bodker (Landscape Architect) Gloria EllioU Joe Farkas Ruth Hauser (Degree in Geography/L~d Use Plying) Gall-Lee McDe~ott (Osceola Park Neighborhood Association) -~~ Richard J. Mullen ~onda P. Sexton (Interior Design - also applied for SP~B) Jef~ey Silberstein (Architect - also applied for Plying & Zoning) Timm R. Sweeney (Andover Homeo~ers Association) Mcitycler~ard.~mmissionmemo.~B.8.3.99 MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER SUBJECT: AGENDA ITEM # C~ ,~' REGULAR MEETING OF AUGUST 3, 1999 APPOINTMENTS TO THE EDUCATION BOARD DATE: JULY 30, 1999 The terms for Mickey Green, Rosalind Murray, Roland Williams and L. J. "Sandy" Morrissett expired on July 31, 1999. Ms. Green, Ms. Murray and Mr. Williams have all served two full consecutive terms and are not eligible for reappointment. Mr. Morrissett was not interested in being considered for re-appointment. Also, with the death of Jerome "Jerry" Marshall, there was a vacancy to fill his unexpired term ending July 31, 2000. At the July 20th meeting, Commissioner Randolph, Mayor Alperin, Commissioner Archer and Commissioner Wright made their appointments. Inasmuch as Commissioner Schmidt was not present, his appointment was deferred to August 3, 1999. Further, Mayor Alperin's appointee on July 20th, Ralph Morse has declined the appointment (see attached letter). Per our Local Rules, Mayor Alperin is entitled to nominate a replacement appointee to fill the vacancy (copy of Local Rules attached). Members of the Education Board must be residents of the City or have a child attending Delray Beach public schools or own property and/or own or operate a business within the City. It is the intent, whenever possible, that the membership include persons with a background in business, real estate and/or education. The following individuals have submitted applications: William L. Berry Greta F. Britt-//,v?o~r,/~ Barbara D. Brown Lynda S. Hunter Elma O. Maldonado Pursuant to Commission direction, a check for code violations and/or municipal liens was conducted. None were found. The appointments will be made by Mayor Alperin (Seat #5) and Commissioner Schmidt (Seat # 1). Recommend appointment of two regular members to the Education Board for two year terms ending July 31,2001. s/cityclerk/board commissionmcmo.education.8 3.99 DELRAY BEACH ~ '" "~ CITY CLERK ,oo,.w. ,,t ^VENUE. DELR^~ BE*C,. FLOR,D* 33444- 40~/~3-,000 {,,-~,caC~ 1993 August4, 1999 Ms. Anna YeSkey Intergovernmental Coordination Issues Forum 9835-16 Lake Worth Road Suite No. 233 Lake Worth, Florida 33467 Re: Alternate for the Intergovernmental Coordination Issues Forum Dear Ms. Yeskey, Mayor Alperin is the official representative to the Intergovernmental Coordination Issues Forum. At the regular City Commission meeting held August 3, 1999, Commissioner Michael Wright was appointed as the alternate member by a 5-0 vote of the City Commission. If you have any questions, please do not hesitate to contact me at (561) 243-7051. Barbara Garito, CMC Deputy City Clerk cc. Mayor and City Commission g/,.~/~ David T. Harden, City Manager _ . THE EFFORT ALWAYS MATTERS Pnnted on F~ecy=led Paper MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER SUBJECT: AGENDA ITEM # 10~ - REGULAR MEETING OF AUGUST 3, 1999 CONSOLIDATED ACTION PLAN FOR FY 2000 ALLOCATION OF COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS DATE: JULY 30, 1999 This item is before the City Commission to conduct a public hearing for the purpose of obtaining comments and/or input regarding the Annual Consolidated Action Plan for FY 2000 and the proposed use of funds under the Community Development Block Grant (CDBG) program. The anticipated FY 2000 CDBG allocation is $624,000. A summary of the proposed activities and projects planned for use of the funds and presented to the citizens of Delray Beach is outlined in the attached memorandum from the Community Improvement Department. Staff recommends consideration of additional public comments, if any, as to the Consolidated Action Plan for FY 2000. Upon closing the public hearing, adoption of the Action Plan is recommended and authorize submission to the U.S. Department of Housing and Urban Development prior to the August 15, 1999, deadline. Ref:Agmemoll. FY2000 Consolidated Action Plan. CDBG 0 City of Delray Beach Community Development Division MEMORANDUM TO: David Harden, City Manager THRU: Lula Butler, Community Improvement Director ~ FROM: Charles Bender, Community Development Division Coordinator .~~, DATE: July 28, 1999 SUBJECT: Public Hearing/Consolidated (Action) Plan for Fiscal year 1999-2000 ITEM BEFORE THE COMMISSION This public hearing is held in an effort to obtain additional public comment and input regarding the (HUD required) Annual Consolidated (Action) Plan for Fiscal year 1999-2000 and its proposed use of funds under the Community Development Block Grant (CDBG) Program. The Action Plan was developed in accordance with federal regulations governing the Consolidated Planning process and all proposed activities/projects have been determined eligible in accordance with federal regulations governing the use of CDBG dollars. This year's Action Plan includes the proposed distribution of the anticipated FY 1999-2000 CDBG allocation in the total amount of $624,000. The following provides a summary of the proposed activities/projects as planned and presented to the citizens (and other interested persons) of the City of Delray Beach: Housing City of Delray Beach Owner-occupied Housing Rehabilitation Program $100,000 City of Delray Beach Owner-occupied Emergency Repair Program $ 30,000 Recommendations Sub-total: $130,000 Capital Improvements City of Delray Beach Installation of Sidewalk Systems - Target Area $ 25,000 City of Delray Beach Merritt Park Improvements - Phase II (restrooms) $ 29,890 City of Delray Beach Infrastructure Design and Development (Phase I) $ 77,130 Boys & Girls Clubs Phase II Renovations at the Catherine Strong Center $ 50,000 Recommendations Sub-total: $182,020 Public Services Community Child Care Center Funding in support of I full-time program position $19,000 Alpha-Time Child Care Funding in support of 1 full-time program position $ 8,600 MAD DADS Funding in support of 2 full-time program positions $53,250 Urban League (south county) Funding in support of 1 part-time position $12,000 Recommendations Sub-total: $92,850 Program Administration and Implementation Costs City of Delray Beach Community Development Program Administration $112,120 City of Delray Beach Community Development Project Implementation $105,010 BEDR, Inc. Fair Housing Counseling and Outreach $ 2,000 Recommendations Sub-Total: $219,130 Total Proposed CDBG Expenditures (99-2000): $624,000 BACKGROUND The one-year Consolidated (Action) Plan is an annual requirement directly related to the Five-Year Consolidated Plan delineating the City's plan to utilize federal CDBG funds for the upcoming fiscal year (1999- 2000). The process is a result of the U.S. Department of Housing and Urban Development's most recent procedures for planning the use of Federal "entitlement" funds for housing and community development related programs and initiatives under several Community Planning and Development (CPD) grant programs. The City of Delray Beach receives funding assistance under the Community Development Block Grant (CDBG) Program for these purposes. The Plan replaced and consolidated the previously required Comprehensive Housing Affordability Strategy (CHAS) and the Final Statement of Objectives and Proposed Use of Funds. These were formerly required as the application and reporting documents under the CDBG Program. RECOMMENDATION Staff recommends consideration of additional public comments as to the Consolidated Action Plan for Fiscal year 1999-2000. Upon closing the required (and publicized) thirty-day comment period (July 23, 1999) and the Public Hearing we recommend adoption of the Action Plan and approval for submission to the U.S. Department of Housing and Urban Development (HUD). The deadline for submission of this document is August 15, 1999. AGENDA REQUEST /~. Request to be placed on: Date: July 28, 1999 XXX Regular Agenda Special Agenda Workshop Agenda Consent Agenda When: August 3, 1999 Description of item: Public Hearing for Annual Consolidated (Action) Plan for Fiscal Year 1999-2000 providing the proposed use of funds under the Community Development Block Grant (CDBG) Program. ORDINANCE / RESOLUTION REQUIRED: YES~ Draft Attached: YES/NO Recommendation: Staff recommends approval of the Annual Consolidated (Action) Plan for Fiscal Year 1999-2000. Public comment and input was solicited and obtained regarding the proposed use of federal CDBG funds. Department Head Signature: City Attorney Review/Recommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): Funding Available: YES/NO Funding Alternatives: (if applicable) Account No. & Description: Account Balance: City Manager Review: Approved for Agenda: E~O ~/,~"] Hold Until: Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved u:\cdbg99-2000\action plan related\august 3 hearing agenda request City of Delray Beach Community Development Division · DRAFf CONSOLIDATED PLAN 1999-2000 ,~ AND NOTICE OF PUBLIC HEARING I~ accordance with U.S. Department of Housing and urban Development (HUD) regulations governing the Consolidated Planning process, the City of Delray Beach Community Developmen~ Division hereby publishes availability of the Draft Consolidated Plan for FY 1999-2000 and a Notice of Public He,rig m obtain additional input from the public regarding developmem of the Draft Plan for the City of Delmy Beach. This document includes the application and proposed use of funds for the Community Development Block Grant (CDBG) Program for FY 1999-2000. Among other things, the Plan lists proposed ~:fivities that the City will undertake to address priority needs and objecti~s identified in the Five-Year Consolidated Plan with entidement funds and any program income received dui~n~g the year. All proposed activities under the CDBG Program will serve to address the housing and non-housing community development needs of Iow and moderate income persons (including d~se with si~ecial needs) residing in the City of Dehay Beach~ Prior Io fon-~l apprc~ral by the City Commission and U.S. HUD, all citizen participation ~lui~ments will be met. . . Community Development Block Grant (CDBG] Program: This federal program makes grant funds aval~ble to eligible entitlement communities with the primary obiecfive of developing viable urban communities by providing'.. 1)decent housing; 2) a ~uitable li~ng environment; anti 3) expanded economic opportunities, principally for penous of low and moderate incom~ Each funded activity under this Program must specifically address at least one ( 1 ) of the following three (3) National Objectives: 1) to benefit iow and moderate-income persons; 2) to aid in the prevention or elimination of slum or blight: and 3) to meet community development needs having a particular urgency. CDBG Entitlement funds are allocated on a formula basis to meU~poli~n dries, tuban counties and to states for redistribution to non-entitlement communities. The City of Delray Beach's CDBG entitlement for Fiscal year 1999-2000 will be $624,000. It is estimated that 100% of the funding will be targeted to benefit Iow and moderate-income persons. The following proposed CDBG activities are summarized below (by category): City of Delray Beach Owne~-occupied Housing Rehabilitation ProgramS100,000 City of Da|ray.Beach Owne~-occupied Emergency Repair Program $30t000 City of Delray Beach Installation of Sidewalk Systems-Target Area $25,000 City of Delray Beach City of Delray Beach . lnfr~tmcxute Draign and Development (Phase I} $77,130 Boy~ & Girls Clubs Phase II Renovations at the Catherine Suong C, entelJ,50t000 ilec~mmendationa Sub-total: $182,020 Public ,%,rvicea Community Child Care Center Funding in suppu~X of ! full-time program positions 19,000 Alpha.Time Child 'Care Funding in support of I full-time program position $8,600 MAD DADS Funding in support of 2 full-time program poaitinns$53,250 Urban League (mmh county} .Funding in support of 1 part-time position $12,000 .~ ' ' l~mmameadationa Sub-total: $92,8:50 Program Admlniatration .and Implementation Costa City of Delray Beach Community Development Program ,AdminisUation$112,120 City of Delray Beach Community Development Project Implementations 105,010 BEDR, Inc. . ~ Fair Housing Counseling ~nd Outreach $2~000 ~.. ~tn~mmmdation~ Sub-Total: $219,130 aa,allabiltty of dommeut: Copies of the Daft ^CP f~ lnscal year 1~99-~000 are available for examination and comments through July 23, 1999 at the following locations: · Community Development Division {City Hall}- I00 NW 1st Ave. (561} 243-7280 · ' City of Delray Beach Public Library- 29 SE 4th Ave. · Pompey Park P, ecreation Center (Delr~ Beach}- 1101 MLK, Jr. Dr. ,~ Police Sub-Station (Delray Beach} 141 SW 12th Ave. ' Free copies of the document are available to interested Homeowner's ~tions and other groups The City of De_lray Beach does not anticipate any displacement to occur as a result of the proposed activities. However, the City will comply with the provisions of the Uniform Relocation and Real Properties Acquisition Act of 1970 (Uniform Act}, as amended. More detailed information ~z-t,~ ding zhe above ia available at the Community Devetopment Division. All interested citizens; agende~ orgmi~tiona and homeownefa a~ociations are encouraged to submit wrinen comments on the Draft ACP for FY 1999-2000. ~ich commenta ahould be anbmiO, ed on or before ~uly 23t 1999 to the Community De~lopmem Diviaion. PUBLIC HFA~NG NOTICE A pablic heating to discu~ the draft plan, obtain additiunal comments and zeceive City Cbmmission approval Will be held on Aulluat ~t 1999 ~Ctt~ Hall Comm!asion Chambera]. The CiCa Public Hearing~ begin at 7:00 P.M. This meeting and ali other citizen pardcipa6ou initiatives are conducted in compliance with federal regulations governing the Consolidated Planning pcocess. City of Delray Beach Community Development Division DRAFT CONSOLIDATED PLAN 1999-2000 AND NOTICE OF PUBLIC HEARING In accordance with U.S. Department of Housing and Urban Development (HUD) regulations governing the Consolidated Planning process, the City of Dekay Beach Community Development Division hereby publishes availability of the Draft Consolidated Plan for FY 1999-2000 and a Notice of Public Hearing to obtain additional input from the public regarding development of the Draft Plan for the City of Delray Beach· This document includes the application and proposed use of funds for the Community Development Block Grant (CDBG) Program for FY 1999-2000. Among other things, the Plan lists proposed activities that the City will undertake to address priority · · needs and objectives identified in the Five-Year Consolidated Plan with entitlement funds and any program income .'. received during the year. All proposed activities under the CDBG Program will serve to address the housing and non-housing community development needs of low and moderate:income persons (including those with special needs) residing in the City of Defray Beach. Prior to formal approval by the City Commission and U.S. HUD, all citizen participation requirements will be met. Community Development Block Grant (CDBG) Program: This federal program makes grant funds available to eligible entitlement communities with the primary objective of developing viable urban communities by providing: l) decent housing; 2) a suitable living environment; and 3) expanded economic opportunities, principally for persons of low and moderate income. Each funded activity under this Program must specifically address at least one (1) of the following three (3) National Objectives: l) to benefit low and moderate-income persons; 2) to aid in the prevention or elimination of slum or blight; and 3) to meet community development needs having a particular urgency. CDBG Entitlement funds are allocated on a formula basis to metropolitan cities, urban counties and to states for redistribution to non-entitlement communities. The City of Delray Beach's CDBG entitlement for Fiscal year 1999-2000 will be $624,000. It is estimated that 100% of the funding will be targeted to benefit low and moderate-income persons. The following proposed CDBG activities are summarized below (by category): Housing City of Delray Beach Owner-occupied Housing Rehabilitation Program $100,000 City of Dekay Beach Owner-occupied Emergency Repair Program $ 30,000 Recommendations Sub-total: $130,000 Capital Improvements City of Defray Beach Installation of Sidewalk Systems - Target Area $ 25,000 City of Dclray Beach Men-itt Park Improvements - Phase II (restrooms) $ 29,890 City of Defray Beach Infrastructure Design and Development (Phase I) $ 77,130 Boys & Girls Clubs Phase II Renovations at the Catherine Strong Center $ 50,000 Recommendations Sub-total: $182,020 Public Services Community Child Care Center Funding in support of I full-time program position $19,000 Alpha-Time Child Care Funding in support of 1 full-time program position $ 8,600 MAD DADS Funding in support of 2 full-time program positions $53,250 Urban League (south county) Funding in support of 1 part-time position $12,000 Recommendations Sub-total: $92,850 Program Administration and Implementation Costs City of Defray Beach Community Development Program Administration $112,120 City of Defray Beach Community Development Project Implementation $105,010 BEDR, Inc. Fair Housing Counseling and Outreach $ 2,000 Recommendations Sub-Total: $219,130 Total Proposed CDBG Expenditures (99-2000): $624,000 Availability of document: Copies of the Draft ACP for Fiscal year 1999-2000 are available for examination and comments through July 23, 1999 at the following locations: · Community Development Division (City Hall) - 100 NW 1 st. Ave. (561) 243-7280 · City of Delray Beach Public Library - 29 SE 4~. Ave. · Pompey Park Recreation Center (Defray Beach) - 1101 MLK, Jr. Dr. · Police Sub-Station (Defray Beach) 141 SW 12t~. Ave. Free copies of the document are available to interested Homeowner's Associations and other groups. The City of Delray Beach does not anticipate any displacement to occur as a result of the proposed activities. However, the City will comply with the provisions of the Uniform Relocation and Real Properties Acquisition Act of 1970 (Uniform Act), as amended. More detailed information regarding the above is available at the Community Development Division. All interested citizens, agencies, organizations, and homeowner's associations are encouraged to submit written comments on the Draft ACP for FY 1999-2000. Such comments should be submitted on or before July 23~ 1999 to the Community Development Division. PUBLIC HEARING NOTICE A public hearing to discuss the drait plan, obtain additional comments and receive City Commission approval will be held on August 3~ 1999 (City Hall Commission Chambers). The City's Public Hearings begin at 7:00 P.M. This meeting and all other citizen participation initiatives are conducted in compliance with federal regulations governing the Consolidated Planning process. PUBLISH: June 24, 1999 Deiray Times Memo To: David Harden, City Manager Butler, Director, Community Improvement ~('/R From: Lula Date:. July 28, 1999 Re: Atlantic Refrigeration Sign Code Waiver Request ITEM BEFORE THE COMMISSION: City Commission consideration of a waiver to Section 4.6.7(E)(7) of the Land Development Regulations goveming sig..ns pursuant to the request from the Atlantic Refrigeration Company. The business is located at 1255 NW 17"' Avenue, within the Delray Park of Commerce. BACKGROUND: The applicant is requesting approval to install two (2) fiat wall signs on the building's east elevation, facing 1-95. The building has three projecting faces on this elevation. The proposed 119 sq. ft. (17' x 7') illuminated, channel lettering, whose mulberry "Atlantic" copy with teal green decorative underline would be placed on the building's north projection. The fire red 18 sq. ft. (9' x 2') "Lennox" non-illuminated aluminum plate lettering finished in automotive enamels would be placed on the building's south projection. Section 4.6.7(E)(7) allows for one major identification sign per business with the maximum size calculated at 15% of the building face, not to exceed 160 square feet. The Site Plan Review and Appearance Board, at their regular meeting of June 30th, considered the request. The board, by a vote of 7-0, supported the applicant's request to the Commission for the proposed waiver. Section 2.4.7(B) of the Land Development Regulations allows the City Commission to grant waivers to the Section of this code that governs signs. This section states that before granting a waiver, the Commission shall make a finding of fact based on one of the following: · Shall not adversely affect the neighboring area · Shall not significant diminish the provision of public facilities · Shall not create an unsafe situation; and · Does not result in the granting of a special privilege in that the same waiver would be granted under similar circumstances on other property for another applicant or owner. RECOMMENDATION: Staff is recommending that the City Commission consider making a finding under Section 2.4.7(B)(5) for the waiver request as submitted by Glen Welden, authorized agent for the Atlantic Refrigeration business. Staff believes the owner can comply with the existing sign code by combining both signs onto one projection and permit the standard corporate color of red for "Lennox." The combined sign will be less than the 160 square feet allowed per code. · Page I Date: July 29, 1999 Agenda Item No. /O .~---. AGENDA REQUEST Agenda request to be placed on: X Regular ~ Special ~ Workshop ~ Consent When: August 3, 1999 Description of Agenda Item: Sign Code I4aiver Request for Atlantic Refrigeration Ordinance/Resolution Required: Yes ~ Draft Attached: Yes / No Recommendation: City Commission Consideration Department Head Signature: ~~'- - City. Attomey Review/Recommendation (if applicable) .,. Budget Director Review (required on all items involving expenditure of funds): Funding Available: Yes / No Funding Alternatives: (if applicable) Account # & Description: Account Balance: Ci.ty Manager Review: Approved for agenda: ~ / No ~/Q Hold Until: ~1 Agenda Coordinator Review: Received: Action: Approved / Disapproved 1/17/96 MINUTES OF THE SITE PLAN REVIEW AND APPEARANCE BOARD CITY OF DELRAY BEACH DELRAY BEACH, FLORIDA REGULAR MEETING MEETING DATE: June 30, 1999 LOCATION: CITY COMMISSION CHAMBERS I. CALL TO ORDER: The meeting was called to order by Chairman Sittler at 6:34 P.M. Upon roll call it was determined that a quorum was present. MEMBERS PRESENT: Chairman Sittler, William Branning, Arnold Smith, Thuy Shutt, Sharon Fowler, Francisco Perez-Azua, Roger DeCapito STAFF PRESENT: George Diaz, Scott Pape, Loretta Heussi -. :... II. APPROVAL OF MINUTES · The Minutes for the Regular Meeting of June 2, 1999 were before the Board for consideration. Mr. Branning stated that under item IV.B., La Fontana, page 5, 2nd paragraph should be "Mr. Vass stated that he did not anticipate leasing the apartments to anyone with children"; page 7, questions number 4 and 5 asked by the Board were revised; and page 8, 1st paragraph should include "that the applicant agreed to table". Mr. DeCapito made a motion to approve the minutes as amended, seconded by Mr. Smith and passed 7°0. III. SIGNS Mr. Perez-Azua stepped down from the Board for the following item. A. Atlantic Refrigeration; 1255 N.W. 17th Avenue; Waiver Request for a Flat Wall Sign; Glen Welden, Authorized Agent. The item before the Board is approval of an additional flat wall sign for Atlantic Refrigeration. Mr. Diaz presented the item to the Board through a review of the staff report. The request is for a waiver to Section 4.6.7(E)(7) of the LDR's, which limits the number of flat wall signs allowed per business. The waiver falls within the purview of the City Commission. The request is for 2 sign cabinets to be placed on the building's east elevation facing 1-95. The building has 3 projecting building faces on this elevation. The proposed 119 sq. ft. (17'x 7') illuminated, channel lettering, whose mulberry "Atlantic" copy with teal green decorative underline would be placed on the building's north projection. The fire red 18 sq. ft. (9' x 2') "Lennox" nonilluminated aluminum plate lettering finished in automotive enamels would be placed on the buildings south projection. SPRAB has historically denied signs that attempt to be wrapped around multiple projections of the building face. Since the Lennox product ID sign is not related to the business name, staff recommended that the 2 signs be combined into 1 sign area. Staff recommended that the Lennox sign match the colors of the "Atlantic" channel letters. Staff recommended denial of the additional flat wall sign as presented. Mr. Glen Welden of Bright Image Signs presented elevations of the sign and explained that their proposal is for the east elevation. The "Atlantic" corporate logo is proposed at 112 sq. ft. and the "Lennox" corporate logo is proposed at 18 sq. ft. for a total of 1:30 sq. ft.. The total sq. ft. meets code. "Lennox" is a product of the business unlike other businesses, for example: Delray Lincoln Mercury. The reasons for requesting the waiver are: (1) limited on architectural expression; and (2) interpretation of the code. Also, the corporate color for Lennox is red. Mr. Francisco Perez-Azua, Architect gave an overview of the architect of the building. Mr. Michael Pakerdoni, Owner explained their request. He stated that he is a Lennox dealer and has been for thirty-five years. It was moved by Mr. Branning, seconded by Ms. Fowler and passed 7-0 to support and authorize the submission of the waiver request to the City Commission based upon positive findings pursuant to Section 4.67(E)(7) of the LDR's. Mr. Perez-Azua stepped back to the Board. IV. MISCELLANEOUS A. Arnold Industrial Park; 900-910-920 S.W. 15th Avenue; Color Change for an Existing Commercial Building; Robert McDonald, Authorized Agent. The item before the Board is approval of a color change for Arnold Industrial Park. Mr. Pape presented the item to the Board. Staff recommended that the banding around the building be painted white for definition. - 2 - 6~3O~99 ~l~ Bo~ lt~o~t Nt~5, Tinit:m~, ~ 22, 1999 CITY OF DELRAY BEACH NOTICE OF PUBLIC HEARING REQUEST FOR WAIVER OF CITY ORDINANCE Pursuant to Section 2.4.7(B) "Waivers of City Ordinances," NOTICE IS HEREBY GIVEN that a request has been received from ATLANTIC REFRIGERATION, 1255 NW 17t~ Avenue, Delray Beach, Florida for a waiver to the provisions of Section 4.6.7 (E) (7) of the Sign Code in the City's Land Development Regulations for the City of Delray Beach, Florida. The City Commission will consider waiving the provisions of this code to allow two proposed fiat wall signs, which exceeds the maximum number of signs allowed. A PUBLIC HEARING on the aforementioned waiver of the City's Land Development Regulations will be held on Tuesday, August 3, 1999 at 7:00 PM in the City Commission Chambers at City Hall, 100 NW 1st Avenue, Delray Beach, Florida. Please be advised that if a person or persons decides to appeal any decision made by the City Commission with respect to any matter considered at this meeting or hearing, such persons(s) will need a record of these proceedings, and for this purpose such person(s) may need to ensure that a verbatim record includes the testimony and evidence upon which the appeal is to be based. The City does not provide or prepare such record. Pursuant to Florida State Statute 286.0105. CITY OF DELRAY BEACH Alison MacGregor Harty City Clerk Publish July 19, 1999 Memo To: Alison MacGregor Harry, City Clerk From: Lula Butler, Director, Community Improvement ~J~ Date: July 15, 1999 Re: Publication of Public Hearing Notice - Si.qn Code Waiver I have attached the required public notice for a Public hearing on a request from Atlantic Refrigeration for a waiver to Section 4.6.7 (E)(7) of the Land Development Regulations. The notice is sent to you to have published in the local newspaper pursuant to Section 2.4.7(B) of the LDR's. Please give me a call if you have any questions. /dq Attachment ~ Sign Waiver · Page 1 SUBJECT: MEETING OF AUGUST 3, 1999 ORDINANCE NUMBER 27-99 - FIRST R~DING AND T~NSMI~AL OF COMPREHENSIVE PLAN AMENDMENTS ADDRESSING THE SITING OF PUBLIC SCHOOL FACILITIES AND POLICIES REGARDING INTERGOVERNMENTAL COORDINATION. In 1997 and 1998 the Florida Legislature amended Section 163.3177 (h), and Section 163.3177 (6)(a), Florida Statutes requiring municipalities to modify their Intergovernmental Coordination and Future Land Use Elements of their Comprehensive Plans. Florida Statute Section 163.3177(h) requires local govemments to include within their Intergovernmental Coordination Element policies that relate to the establishment of joint planning areas. The statute change also allows for the implementation of a voluntary dispute resolution process for bringing closure to intergovernmental disputes. The implementation of the dispute resolution process had already been accomplished in Palm Beach County via an interlocal agreement signed in October, 1993 by the County, thirty-two of its municipalities, and the School Board. The agreement coordinates multi-jurisdictional activities through the Intergovernmental Plan Amendment Review Committee (IPARC) Clearinghouse and the Multi- Jurisdictional Issues Coordination Forum. For a full discussion of the policy changes refer to the attached P&Z staff report. Section 163.3177 (6)(a), requires local governments to include school siting location criteria in the Future Land Use Elements of the their Comprehensive Plans. The policies are to encourage the location of schools near urban areas and to collocate them with parks, libraries and community centers to the greatest extent possible. For a full discussion of the policy changes refer to the attached staff report. The Planning and Zoning Board considered the amendments at their meeting of July 19, 1999. There was no discussion by the public and the Board unanimously recommended approval on a 5-0 vote. By motion, approve on first reading and transmit to the Florida Department of Community Affairs the Comprehensive Plan Amendments contained in the attached staff reports. Adv/comp/school&jiont planning /~~ ORDINANCE NO. 27-99 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ADOPTING AN AMENDMENT TO THE COMPREHENSIVE PLAN PURSUANT TO THE PROVISIONS OF THE "LOCAL GOVERNMENT COMPREHENSIVE PLANNING AND LAND DEVELOPMENT REGULATION ACT", FLORIDA STATUTES SECTION 163.3161 THROUGH 163.3243, INCLUSIVE; AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "~' ENTITLED "COMPREHENSIVE PLAN AMENDMENT" AND INCORPORATED HEREIN BY REFERENCE; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE WHEREAS, the City of Delray Beach exercised the authority granted pursuant to the provisions of Florida Statutes Sections 163.3161 through 163.3243, known as the "Local Government Comprehensive Planning and Land Development Regulation Act"; and WHEREAS, via Ordinance No. 82-89, the City Commission adopted the document entitled "Comprehensive Plan - Delray Beach, Florida"; and WHEREAS, Florida Statute Section 163.3177(h) requires local governments to include within their Intergovernmental Coordination Element policies that relate to the establishment of joint planning areas; and WHEREAS, Florida Statute Section 163.3177(6) (a) requires local governments to include school siting location criteria in the Future Land Use Elements of their Comprehensive Plans; and WHEREAS, the Planning and Zoning, as Local Planning Agency, following due public notice, held a public hearing on July 19, 1999, with respect to proposed Comprehensive Plan amendments addressing the siting of public school facilities and policies regarding intergovernmental coordination; and WHEREAS, the Planning and Zoning Board voted unanimously to recommend to the City Commission that the proposed Comprehensive Plan amendments be transmitted; and WNEREAS, following due public notice, the first of two required public hearings on the proposed Comprehensive Plan amendments was held by the City Commission on August 3, 1999, at which time it was authorized to be transmitted to the Department of Community Affairs for required review. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the City Commission of the City of Delray Beach, Florida, hereby declares its intent to exercise the authority granted pursuant to the provisions of Florida Statutes Sections 163.3161 through 163.3243, inclusive, known as the "Local Government Planning and Land Development Regulation Act". Section 2. That in implementation of its declared intent as set forth in Section 1 of this ordinance, there is hereby adopted the Comprehensive Plan Amendments as set forth in the attached staff reports, and that the document entitled "Comprehensive Plan - Delray Beach, Florida" is hereby amended pursuant to said Comprehensive Plan Amendments. Section 3. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 4. That all ordinances or parts of ordinances which are in conflict herewith are hereby repealed. Section 5. That this ordinance shall become effective upon the date a final order is issued by the Department of Community Affairs finding the amendments to be in compliance in accordance with Chapter 163.3184, F.S.; or the date a final order is issued by the Administration Commission finding the amendments to be in compliance in accordance with Chapter 163.3184, F.S. PASSED AND ADOPTED in regular session on second and final reading on this the day of , 1999. MAYOR ATTEST: City Clerk First Reading: Second Reading: CPA 99-2 Amendment to ICE - Joint Planning Areas/Collaborative Planning Page 2 I Pursuant to FS 163.3177(h) the City's Intergovernmental Coordination Element of the Comprehensive Plan: A. Shall provide for procedures to identify and implement Joint Planning areas, especially for the purposes of annexation, municipal incorporation, and joint infrastructure service areas. B. Shall provide for recognition of campus master plans. C. May provide for a voluntary dispute resolution process established pursuant to FS 186.509 for bringing to closure in timely manner intergovernmental disputes. A local government may develop and use an alternative local dispute resolution process for this purpose. D. Shall state principals and guidelines to be used in the accomplishment of coordination of the adopted comprehensive plan with the plans of school boards and other units of local government providing facilities and services but not having regulatory authority over the use of land. The element shall describe joint processes for collaborative planning and decision making on matters of interjuridictional significance such as population projections and the siting of public school facilities, the location and extension of public facilities subject to concurrency, and the siting of facilities with countywide significance, including locally unwanted land uses. Further, within one year of adopting these policies, each county, all the municipalities within the county, the school board, and any unit of local government service providers in that county shall establish by interlocal or other formal agreement executed by all affected entities, the joint processes described above. The likely process for complying with these requirements in Palm Beach County is an amendment to the current agreement for the Intergovernmental Coordination Program. The four requirements described above, and recommended changes if any, are discussed below. Item A - Procedures to Identify and Implement Joint Planning Areas The City's official "Planning Area" as described in the Comprehensive Plan includes land that is currently under the jurisdiction of Palm Beach County, but is designated in the City Charter for eventual annexation into the municipal boundaries. Any development or redevelopment of these properties which involves the provision of City water requires either: 1) annexation of the property into the City (if eligible according to state statutes) or, if ineligible for immediate annexation, 2) execution of a Water Service Agreement with the City, which requires joint review by the City and County of any site and development plan, and annexation into the City when eligible. The Future Land Use Element (FLUE) of the Comprehensive Plan contains numerous policies related to the eventual annexation of these areas, including direction to coordinate with Palm Beach County for service provision and land use designation. Thus, while these areas are not specifically called "Joint Planning Areas" they function as such. Appendix "A" includes the current FLUE objective and policies regarding these areas. PLANNING AND ZONING BOARD MEMORANDUM STAFF REPORT ' MEETING DATE: JULY 19, '1999 AGENDA ITEM: VI. D. AMENDMENT TO THE COMPREHENSIVE PLAN TO ADDRESS STATE REQUIREMENTS REGARDING INTERGOVERNMENTAL COORDINATION ITEM BEFORE THE BOARD · The item before the Board is that of making a recommendation to the City Commission regarding amendments to the Intergovernmental Coordination Element of the Comprehensive Plan. The new policies relate to requirements for establishing joint planning areas with Palm Beach County for unincorporated areas within the City's Planning Area, and the utilization of the Palm Beach Countywide Intergovernmental Coordination process for collaborative planning on matters of interjurisdictional significance. J In 1997 the Florida Legislature amended Section 163.3177 (h), Florida Statutes, to require local governments to include within their Intergovernmental Coordination Elements policies that relate to the establishment of joint planning areas and collaborative planning. The statute change also allows for the implementation of a voluntary dispute resolution process for bringing closure to intergovernmental disputes. The implementation of the dispute resolution process had already been accomplished in Palm Beach County via an interlocal agreement signed in October, 1993 by the County, thirty-two of its municipalities, and the School Board. The agreement coordinates multi- jurisdictional activities through the Intergovernmental Plan Amendment Review Committee (IPARC) Clearinghouse and the Multi-Jurisdictional Issues Coordination Forum. Upon passage of these statutory changes a sub-committee of IPARC was formed to develop a strategy for addressing the requirements collectively rather than individually. The individual policies which are proposed to address joint planning areas and collaborative planning for matters of interjuridictional as part of this amendment have been developed by this subcommittee and have already been given conceptual approval by the State Department of Community Affairs. If adopted, these policies will meet the statutory requirements assuming the additional school concurrency policies currently being developed are later adopted. If not, additional policies related to schools will need to be incorporated. All local governments are required to address the changes by December 31, 1999. This amendment is exempt from the limitation on the frequency of plan amendments (twice a year) contained in F.S. 163.3187(1). CPA 99-2 Amendment to ICE - Joint Planning Areas/Collaborative Planning Page $ In order to fully comply with the statutory changes, the following new policy is recommended for inclusion in the Intergovernmental Coordination Element (ICE): Policy A-1.9 The City shall coordinate with Palm Beach County to desiqnate those unincorporated areas within the City's official Planning Area as "Joint Planninq Areas". Those areas shall be subiect to the policies included within Future Land Use Element Obiective B-3. This coordination shall be accomplished through the execution of an interlocal agreement with Palm Beach County within one year from the date of adoption of this policy. Item B - RecoRnition of Campus Master Plans This requirement does not apply to Delray Beach, as no university campuses are located within the City limits. Item C - Provision of a Voluntary Dispute Resolution Policy This item is currently addressed in the Comprehensive Plan via the following existinq policies: Intergovernmental Coordination Element Policy A-1.3 Conflicts which may occur in the implementation of the City's Comprehensive Plan or which may occur in the implementation of the plan of a neighboring jurisdiction shall be brought to the attention of the affected jurisdiction in order to resolve the situation. If an early resolution of the conflict cannot be achieved, the item will first be taken to the Multi- Jurisdictional Issues Forum for review and direction. If further resolution is still necessary, the informal mediation process provided by the Treasure Coast Regional Planning Commission shall be pursued by the City of Delray Beach. Intergovernmental Coordination Element Policy A-2.1 During review of any plan amendment which involves changes to the level of service standard, letters shall be sent to each entity which is affected by a level of service standard adopted pursuant to this plan. The letter shall ask for concurrence with the proposed standard. Intergovernmental Coordination Element Policy A-2.3 Any conflicts emanating from Policy A-2.1 and which are not resolved prior to resubmission to DCA shall be taken to the Interlocal Plan Amendment Review Committee (IPARC) and Multi- Jurisdictional Issues Coordination Forum as appropriate, for direction and/or mediation. Item D - Coordination of Comprehensive Plan With School Board Plans and Plans of Other Local Governments; and Joint Plannin.q for Facilities With Countywide Si_clnificance~ Including Locally Unwanted Land Uses. The City's current Intergovernmental Coordination Element contains numerous policies detailing the process by which the City's plan is coordinated with the plans of other local governments and service providers, including the school district. Amendments to the plan are processed through the Interlocal Plan Amendment Review Committee, through CPA 99-2 Amendment to ICE - Joint Planning Areas/Collaborative Planning Page 4 which other local governments and service providers are notified of the changes and given an opportunity to comment. These existing policies are attached in Appendix "B". More specific processes for the joint planning and decision making regarding population and public school siting will be covered later this year through the adoption of amendments relating to school concurrency. The remaining requirements of this section are to be addressed with the adoption of the following policy: Policy A-1.10 The City of Delray Beach shall utilize the Palm Beach Countywide Intergovernmental Coordination Proqram as a reqular formal forum in which to deal with issues unique to Palm Beach County and its municipalities. The Multi-Jurisdictional Issues Coordination Forum shall be utilized as a means of collaborative planning for matters of interiurisdictional siqnificance includinql but not limited to, the sitin.q of facilities with countywide significance and locally unwanted land uses. With the adoption of Policy A-1.9, Policy A-1.10 and adoption of additional policies relating to school concurrency later this year, compliance with F.S. 163.3177 (h) should be achieved. RECOMMENDED ACTION By motion, recommend to the City Commission approval of the amendments to the Intergovernmental Coordination Element of the Comprehensive Plan to add Policies A- 1.9 and A-1.10 as described herein, regarding joint planning areas and utilization of the Intergovernmental Coordination Program for collaborative planning on matters of interjurisdictional significance. Attachments: · FLUE Policies Re Unicorporated Areas · ICE Policies Re Coordination w/Local Agencies Adv/comp/99-2ice APPENDIX "A" EXISTING FLUE POLICIES REGARDING THE UNINCORPORATED PORTIONS OF THE CITY'S PLANNING AREA Policy B-3.3 The City has petitioned Palm Beach County to make changes to its Future Land Use Map (FLUM) in order for there to be consistency between City and County FLUM designations within the Delray Beach Planning area. Once consistency is achieved, the City shall petition for an interlocal agreement wherein provisions shall be made that the City's FLUM designation shall be in effect immediately upon annexation of a specific parcel. Following any annexation, the Future Land Use Map, and appropriate portions of the Comprehensive Plan, shall be amended to reflect the change in the City's boundary. Policy B-3.4 For purposes of implementing Policy B-3.3, the Future Land Use Map designations as initially contained on the City's Future Land Use Map upon adoption in November, 1989, (and as formally amended subsequently) are hereby deemed to be the Future Land Use Map designations for the territory subject to provisions of the interlocal agreement. Policy B-3.5 The City shall, in FY 98/99, undertake the following program for the annexation of remaining eligible properties: Preparation of an "urban services annexation report" as required by Florida Statutes, for each of the remaining designated annexation areas: A. Foxe Chase subdivision B. Southwest Corner of Linton Boulevard and Military Trail C. Barwick Road (just north of Atlantic Avenue) D. Atlantic Avenue & Military Trail, (less the portion of Country Club Acres west of Military Trail and High Point of Delray West) E. The North Military Trail Area, north of Lake Ida Road F. High Point Delray Area (north of Atlantic Avenue) G. Country Club Acres (west of Military Trail) (See Map #11 for a geographical description of the above referenced areas.) r~ Working in concert with the Palm Beach County Planning Department, address the annexation of improved property, which lacks adequate sewer, water, street, and/or drainage facilities pursuant to the Palm Beach County Annexation Incentive Program. Recommend whether annexation should be pursued, and if so, the means by which annexation should occur. Accommodate individual voluntary annexations as the opportunities arise. Policy B-3.6 The City of Delray Beach hereby supports legislation at the State level, which allows for unilateral annexation by municipalities in designated urban areas. APPENDIX B EXISTING ICE POLICIES FOR THE COORDINATION OF PLANS WITH OTHER LOCAL GOVERNMENTS AND SERVICE PROVIDERS~ AND PROPOSED NEW POLICIES {SHADED) GOAL AREA "A" A CONTINUOUS AND COORDINATED EFFORT WHICH INVOLVES ALL AFFECTED UNITS OF GOVERNMENT, REGULATORS, AND SERVICE PROVIDERS SHALL BE MADE IN PURSUIT OF ACCOMPLISHING THE GOALS OF THE COMPREHENSIVE PLAN Obiective A-1 The City's Comprehensive Plan shall be coordinated with the planning and service delivery efforts of those units of government and agencies, which may be impacted by it. This objective shall be met through the following: Policy A-1.1 Notification of proposed plan amendments shall continue to be provided to all local units of government in Palm Beach County through the Interlocal Plan Amendment Review Committee (IPARC), and to affected adjacent municipalities and service providers through direct notification. Policy A-1.2 Amendments to plans of adjacent units of government shall be reviewed pursuant to the formal plan amendment review program. The City Manager, or his designee, is authorized to issue a statement of "intent to object" when the actions of another municipality may affect the City of Delray Beach. Such situations may be analyzed by the Local Planning Agency who shall recommend to the City Commission any formal objection, which is to be made. Policy A-l.3 Conflicts which may occur in the implementation of the City's Comprehensive Plan or which may occur in the implementation of the Plan of a neighboring jurisdiction shall be brought to the attention of the affected jurisdiction in order to resolve the situation. If an early resolution of the conflict cannot be achieved, the item will first be taken to the Multi Jurisdictional Issues Coordination Forum for review and direction. If further resolution is still necessary, the informal mediation process provided by the Treasure Coast Regional Planning Commission shall be pursued by the City of Delray Beach. Policy A-1.4 The City Manager's Office through its Planning and Zoning Department shall maintain a listing of entities affected by this Plan and shall provide to them information regarding City actions which affect provision of services or plans for facilities which affect them. Policy A-1.$ Future annexations by the City of Delray Beach shall be carried out pursuant to Policy B-3.5 of the Future Land Use Element (Annexation Program) and shall be consistent with adopted annexation policies of Palm Beach County. Consistency shall be determined by specific notification of each annexation to the Planning Director and concurrence by that office. Policy A-1.6 This objective and its implementing policies shall be followed for each proposed plan amendment. Policy A-l.? Whenever a development proposal which involves a private land use petition that requires Local Planning Agency review or implements a development activity proposed in this Comprehensive Plan and it is located within one-quarter mile of the boundary of an adjacent unit of government, a copy of the development application or development activity description shall be provided to the affected unit of government upon its receipt by the City of Delray Beach. Policy A-1.8 The staff report prepared for any development application or development activities proposed in the plan and provided to the Local Planning Agency shall contain an assessment, if applicable, of how the proposed activity may affect the existing plans of any adjacent local government. Policy A-1.9 The City shall coordinate with Palm Beach County to desiqnate those unincorporated areas within the City's official Planninq Area as "Joint Planninq Areas". Those areas shall be subiect to the policies included within Future Land Use Element Objective B-3. This coordination shall be accomplished through the execution of an interlocal agreement with Palm Beach County within one year from the date of adoption of this policy. Policy A-1.10 The City of Delray Beach shall utilize the Palm Beach Countywide Intergovernmental Coordination Proqram as a reqular formal forum in which to deal with issues unique to Palm Beach County and the municipalities. The Multi-Jurisdictional Issues Coordination Forum shall be utilized as a means of collaborative planninq for matters of interjurisdictional siqnificance including, but not limited to, the siting of facilities with countywide significance and locally unwanted land uses. Objective A-2 The level of service standards contained within this Plan shall be reviewed by and established in conjunction with the entity which has operational and maintenance or planning responsibility for such facilities. Policy A-2.1 During review of any Plan amendment which involve changes to the level of service standard, letters shall be sent to each entity which is affected by a level of service standard adopted pursuant to this Plan. The letter shall ask for concurrence with the proposed standard. Policy A-2.2 Additional information as to the basis of the level of service standard shall be provided to said entities upon request. Policy A-2o3 Any conflicts emanating from Policy A-2.1 and which are not resolved prior to resubmission to D.C.A. shall be taken to the lnterlocal Plan Amendment Review Committee (IPARC) and Multi-Jurisdictional Issues Coordination Forum as appropriate, for direction and/or mediation. Policy A-2.4 This objective and its implementing policies shall be followed for each proposed plan amendment which affects a level of service standard. Objective A-3 The objectives and policies contained in Goal Area D of the Future Land Use Element and which provide mutual obligations for the enhancement of schools in Delray Beach and the furtherance of School District policies shall be coordinated with the School District, with the goal of implementation of the City's adopted plan entitled "Sharing for Excellence in Schools 1994". MEETING DATE: JULY 19, 1999 AGENDA ITEM: VI.C AMENDMENT TO THE COMPREHENSIVE PLAN TO ADDRESS STATE REQUIREMENTS REGARDING THE SITING OF PUBLIC SCHOOL FACILITIES The item before the Board is that of making a recommendation to the City Commission regarding an amendment to the Future Land Use Element of the Comprehensive Plan. The amendment proposes the addition of new policies relating to the siting of new public schools, and the collocation of such schools with other public facilities such as parks, libraries and community centers. Last year the Florida Legislature amended Section 163.3177 (6)(a), Florida Statutes, to require local governments to include school siting location criteria in their comprehensive plans. The criteda are to encourage the location of schools near urban areas and to collocate them with parks, libraries and community centers to the greatest extent possible. Local governments are required to revise their Future Land Use Elements by October 1, 1999 to incorporate these criteria and designate the land use categories where public schools are an allowable use. This amendment is exempt from the limitation on the frequency of plan amendments (twice a year) contained in F.S. 163.3187(1). The legislation further states that any local government that fails to incorporate school location and collocation criteria by the October 1, 1999 deadline will be prohibited from amending their comprehensive plan as provided by F.S.163.3178 (6). Pursuant to F.S. 163.3177 the City's Future Land Use Element of the Comprehensive Plan must include the following provisions: · Must clearly identify the land use categories in which public schools are an allowable use. The categories shall include sufficient land proximate to residential development to meet the projected needs for schools in coordination with public school boards and may establish differing criteria for schools of different types and sizes. · Each local government shall include lands contiguous to existing school sites, to the maximum extent possible, within the land use categories in which public schools are an allowable use. · The Future Land Use Element shall include criteria which encourages the location of schools proximate to urban residential areas to the extent possible and shall require CPA 99-2 - School Siting Page 2 that the local government seek to collocate public facilities, such as parks, libraries, and community centers, with schools. These requirements, with the exception of the last item, are currently addressed in the existing Comprehensive Plan. Future Land Use Element Policy D-3.5 (Page FL-38) states "Pub~lc educationa/ faci/ities of the school district of Pa/m Beach County shall be consistent with a// /and use categories except Conservation". Given this policy 8,851 acres within the City are available for potential sites while 1,311 acres, having a Conservation FLUM designation, are unavailable. The inclusion of lands contiguous to existing school sites is met as the land use designations currently abutting existing school sites have FLUM designations which are deemed to allow schools per Policy D- 3.5. The amendment therefore need only address the requirement that the Future Land Use Element include criteria which encourages the location of schools proximate to urban residential areas, and to collocate public facilities, such as parks, libraries, and community centers, with schools to the extent possible. Future Land Use Element Objective D-3 states in part that ~The City sha/I cooperate with the School Board to achieve placement of new schoo/s inside of the County's urban services area..." The entire City can be considered an urban residential area for the purposes of complying with the statutory requirements, however, additional language can be included to specify certain Iocational criteria for school facilities. Regarding the collocation of school facilities with other public facilities such as parks and community centers, it has been the City's practice to encourage such collocation whenever possible (for example, Orchard View and Pine Grove elementary schools with adjacent City parks). In order to fully comply with the 1998 provisions for school siting, the addition of the following two policies to the Future Land Use Element are recommended: Policy D-3.7 The City shall encourage the School Board to select elementary and middle school locations that are within a reasonable walking distance of neighborhoods that have substantial numbers of children who will attend the school. The sites should be easily and safely accessible to pedestrians, bicycles, school busses, mass transit, and cars. Whenever possible, access to the site should be from a collector road (City collector or local road for elementary schools), as opposed to an arterial road. Policy D-3.8 The City shall seek to collocate public facilities such as parks, libraries, and community centers, with public educational facilities of the school district of Palm Beach County to the greatest extent possible. By motion, recommend to the City Commission approval of the text amendment to the Future Land Use Element of the Comprehensive Plan to add Policies D-3.7 and D-3.8 regarding the siting of public school facilities as attached. Attachment:: Proposed Amendment S:\adv\comp\compschoolsiting CPA 99-2 - School Siting Page 3 PROPOSED AMENDMENT {shaded policies are new) FUTURE LAND USE ELEMENT -- Objective D-3 The City shall cooperate with the School Board to achieve placement of new schools inside of the County's urban services area, to upgrade and enhance existing facilities within the City, and to schedule individual facility needs in an orderly and timely manner that is responsive to meeting the other objectives of this goal area. Policy D-3.2 The policies of this objective shall be coordinated through ongoing communications between the Office of the City Manager and the School District Superintendent. There shall be a mutual obligation to insure that all policies within this goal area are urgently pursued. Policy D-3.3 The City shall support existing and proposed legislation preventing public and private agencies from changing governmental agency's impact fees and capacity changes. Policy D-3.4 The City shall work with the School Board toward constructing and placing into operation: a new elementary school in the southeast portion of the City, a new middle school in or adjacent to the City, and a new high school in or adjacent to the City, pursuant to the "Sharing for Excellence in Schools 1994" plan. Policy D-3.5 Public educational facilities of the school district of Palm Beach County shall be consistent with all land use categories except Conservation. Policy D-3.6 The location and construction of new public education facilities and the expansion of existing facilities shall be permitted based upon a finding that the proposal is consistent with applicable goals, objectives, and policies of the Comprehensive Plan, and is compatible with adjacent land uses and development patterns. DELR 5E EN CITY ATTOCI,'EY'S OFFICE TELEPHONE56i.'243-?090o FACSIMILE ~6J,.78-d,~5~ ' '~ ~ DELRAY BEACH Writer's Direct Line: 561/243-7091 Ali,America City - DATE: July 29, 1999 1993 TO: City Commission FROM: Susan A. Ruby, City Attorney SUBJECT: Ordinance No. 29-99 (Police and Fire Retirement Plan) and Ordinance No. 30-99 (General Employees Retirement Plan) The following is a summary of the changes proposed: Ordinance No. 30-99 - General Employees Pension Changes 1. Changes the eligibility for a fully normal retirement benefit by adding a 30 years of credited service threshold regardless of age to the age 60 with ten years of service threshold for eligibility that currently exists. 2. Adds a DROP Plan. 3. Provides for interest of 3% with less than 10 years of service and 5% with 10 or more years of continuous service on employee contributions when withdrawn. 4. Brings employee contributions into the retirement plan to zero. 5. These changes as drafted exclude union members who are currently operating under an expired CBA or those that have not yet entered into a CBA. 6. Establishes a 1% matching program to a deferred compensation plan. This change is not a part of the pension ordinance, but is outlined in an administrative policy. Ordinance No. 29-99 - Police/Fire Pension Changes 1. Clarifies that the early retirement window option applies only to pension benefits entitlement for those with at least 18 years to 20 years of service and provides that sick leave, vacation and other accruals are not part of the benefit. 2. Clarifies that the retirement benefit enhancement will apply to beneficiaries. The enhancement will be adjusted annually on the retiree's anniversary date of hire and expressly eliminates retiree's ability to receive the enhancement. 3. Reduces the percent for a disability pension to 60%. 4. Increases the multiplier from 2.5 to 3.0 for members with 20 years or more of service. City Commission July 29, 1999 Page 2 5. Increases from 2 to 3 years the determination of average monthly earnings. 6. Reduces employee contributions from 7.33% to 3.00% of base compensation. 7. Provides interest on withdrawn contributions. 8. Removes all offsets. 9. Provides for changes to beneficiaries after retirement. Police/Fire Agreement Amendment The police/fire addendum to agreement makes the same clarifications to the early retirement incentive (window) provisions and the retirement benefit enhancement. By copy of this memorandum to David Harden, City Manager, please place the General Employees and Police and Fire ordinances on the City Commission for the August 3, 1999 agenda for first reading. The addendum to agreement should be placed on the August 17, 1999 agenda to be approved at second reading. SAK:smk Attachments cc: David T. Harden, City Manager Alison MacGregor Harty, City Clerk James W. Linn, Esq. ORDINANCE NO. 29-99 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 33, "POLICE AND FIRE DEPARTMENTS", SUBHEADING "PENSIONS", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH BY AMENDING SECTION 33.60, "DEFINITIONS", TO PROVIDE CHANGES IN THE DEFINITION OF AVERAGE MONTHLY EARNINGS; AMENDING SECTION 33.61, "MEMBERSHIP; CONDITIONS OF ELIGIBILITY; APPLICATION", SUBSECTION 33.6!(C), "CHANGE IN DESIGNATION OF BENEFICIARY", TO PROVIDE FOR CHANGES IN BENEFICIARIES; AMENDING SECTION 33.62, "BENEFIT AMOUNTS AND ELIGIBILITY", TO PROVIDE FOR A CHANGE IN THE MULTIPLIER FOR NORMAL RETIREMENT BENEFITS, CHANGING THE PERCENTAGE FOR DISABILITY RETIREMENTS AND ELIMINATING OFFSETS; AMENDING SECTION 33.64, "CONTRIBUTIONS", TO PROVIDE FOR A DECREASE IN PARTICIPANT CONTRIBUTIONS; AMENDING SECTION 33.687, "EARLY RETIREMENT INCENTIVE", TO PROVIDE FOR A CHANGE IN THE MULTIPLIER; AMENDING SECTION 33.689, "RETIREMENT BENEFIT ENHANCEMENT", TO CLARIFY THE BENEFITS THEREUNDER; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Delray Beach desires to enhance certain retirement benefits to participants of the Police and Firefighter's Retirement Plan by increasing certain multipliers, by allowing changes in the beneficiary after the retirement date and eliminating offsets for disability retirees. NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH AS FOLLOWS: Section 1. That Chapter 33, "Police and Fire Departments", subheading, "Pensions", of the Code of Ordinances of the City of Delray Beach is hereby amended by amending Section 33.60, "Definitions", Def'mition of "Average Monthly Earnings" to read as follows: Section 33.60 DEFINITIONS. "AVERAGE MONTHLY EARNINGS". c~,,~ , ..... ,,,_r,~,,,-~ ,,r ,~,~ o~;*u,,,otir~ ~_:'erzge '-~' One thirty-sixth of the arithmetical average for the highest consecutive 36-month period preceding the actual retirement or termination of a member; provided however, the benefit derived shall not be less than the benefit that would have been paid based on a definition of average monthly earnings of one twenty-fourth of the arithmetical average for the highest consecutive 24-month period, as calculated prior to the effective date of this ordinance. Section 2. That Chapter 33, "Police and Fire Departments", subheading, "Pensions", of the Code of Ordinances of the City of Delray Beach is hereby amended by amending Section 33.61, "Membership; Conditions of Eligibility; Application", Subsection 33.61(C), "Change in Designation of Beneficiary", to read as follows: Section 33.61 MEMBERSHIP, CONDITIONS OF ELIGIBILITY; APPLICATION. (C) Change in designation of beneficiary. member, including a member who has elected to p~icipate in the Defe~ed Retirement Option PI~ pursuit to Section 33.685, shall designate the joint pensioner or benefici~ to receive the benefit, if ~F, payable ~der ~e pl~ in the event of the member's death, on a fo~ provided by the Bo~d of Trustees. The member may revoke or ch~ge the designation of a joint pensioner or benefici~ at any time prior to the co~encement of retirement income or benefits, by submi~ing such ch~ge in ~ifing on a fo~ provided by the Board of Trustees. A member may also change the designation of a joint pensioner or beneficia~ a~er the co~encement of retirement income or benefits, subject to approval by the Bo~d of Trustees, ~d in accord~ce with the following: (1) The member must pay the full cost of determining the equivalent actuarial value of the benefit payable. (2) The consent of a member's joint pensioner or beneficiary to any change in such designation shall not be required. (3) The amount of retirement income payable to the member upon the designation of a new joint pensioner shall be actuadally redetermined, taking into account the benefits already received by the member, and the age and sex of the former joint pensioner, the new joint pensioner and the member. (4) Each designation of a joint pensioner or beneficiary shall be made in writing on a form provided by the Board of Trustees. (5) Upon a change in designation of joint pensioner or beneficiary, the rights of all previously designated joint pensioner or beneficiaries to receive any benefit under the system shall cease. Section 3. That Chapter 33, "Police and Fire Departments", subheading, "Pensions", of the Code of Ordinances of the City of Delray Beach is hereby amended by amending Section 33.62, "Benefit Amounts and Eligibility", Paragraphs B, C, E and F to read as follows: Section 33.62 BENEFIT AMOUNTS AND ELIGIBILITY. (B) Normal retirement benefit. (1) Duration, survivor benefits. A member retiring on his normal retirement date shall receive a monthly benefit which shall commence on his normal retirement date and be continued thereafter during his lifetime. Upon his death the full retirement benefit shall be continued to his spouse for one year and sixty percent (60%) of that amount continued thereafter until the earlier of death or remarriage. (2) Amount. Normal retirement benefits shall be in the amount of two and one-half percent (2.5%) of average monthly earnings for each year of continuous service for employees with more than ten (10) but less than twenty (20) years of continuous service.,. Normal retirement benefits shall be in the amount of three percent (3%) of average monthly earnings for each year of continuous service if an employee has attained twenty (20) or more years of continuous service, subject to a maximum of seventy- five percent (75%) of average monthly earnings; provided however, that in no event shall a member's total benefit be less than two percent (2%) of average monthly earnings for each year of continuous service. However, members as of the effective date shall receive at their normal retirement date (age 52 regardless of years of service) the greater of the benefit provided by the formula above or fifty percent (50%) of average monthly earnings. (3) Upon becoming eligible for normal retirement, a member shall be one hundred percent (100%) vested in his accrued benefit. (C) Disability retirement provisions. (5) Disability retirement benefits. (a) Eligibility. Each member shall be eligible for service incurred disability benefits, regardless of length of continuous service. Each member who completes ten (10) years of continuous service prior to becoming disabled shall be eligible for nonservice incurred disability benefits. (b) ~";*;o~ aArnount of service incurred disability benefit, e ..... ,., r, ......... , (75?4) Sixty percent (60%) of the member's average monthly earnings in effect on the date of disability, (c) Initial _a.bmount of nonservice incurred disability benefit. Two percent (2%) of average monthly earnings in effect on the date of disability for each year of continuous service, subject in any event to a maximum fifty percent (50%) of average monthly earnings o__nd subject 5_'_-'ther :o the offsets lis:ed be!ow.;provided, however, the minimum shall not be less than twenty-five percent (25%) of average monthly earnings. (d) Terms of payments. Disability benefits shall commence on or as of the first day of the month coincident with or next following the date of disability, as established by the Board of Trustees, and shall continue to be paid on the first day of each subsequent month until the death or recovery of the disability retiree. The same survivorship percentages which apply to normal retirement benefits shall also apply to disability retirement benefits. ret ................. 2. Iq .th,:, ~,,,~-,1-,t,,. ~,I-,T.~;,-,,:.A ;,-, Ai,,r;o;e,,-, 1 .-,1-,,-,,,,,= ,,,h~,,,~ member, s montNy disabilig' ,.~.+i ..... , ~,,.,,on.t +'..^,-~ +h ..... .t ........ .t,, ....~,,,,., ............ e~min.gs on the date of disability, *&e "_-:'._o'_'nt of the excess shall be deducted from +_h_e member's month!y diszb!!!U' "o*; ..... .t t,,~,,,g.t c-,.,,,,, +h ..... +,=,, f,,,. +h,, a .... +;^,, ~,f,h .... k,,,.,o remai.-_;ng ilo ...... dete..':m!ned in a;.,;o;,.., ~ o~, 3. . If the number obtained in division ! -above, ,:.'hen added to the gq(e) Eligibility for other benefits. In the event that a member applying for disability benefits is also eligible for either early or normal retirement, the Board may, upon the request of the member, pay the early or normal retirement benefit instead of a disability retirement benefit. (6) ~mmaJ, ~Report by disability retiree. (a) Each person currently receiving disability retirement benefits and each person who first qualifies for disability retirement benefits shall be required to submit to the Board of Trustees_, upon a request by the Board of Trustees, .ne ?.er tSo_n M2r_-'h ! e£ ex'z_,r'_ ye~ a signed and notarized report which includes, but is not limited to:the_olV' ....... ~ .... ;'-~'~,/n£e..rm?.'.'on: 1. T T .......... , ^r ,h~ n~,o.,~ ~,~ T,,,o,,~o a A medical report from the disability retiree's physician stating whether the retiree is still totally incapacitated to perform the regular and continuous duties of a police officer or firefighter shall be submitted to the Board. The required physician's statement must be dated within four months of the request. oma (-b.) 2_ A statement to the effect that the disability retiree understands that if the report is incomplete or incorrect, his disability benefits may be suspended or discontinued. ¢--) (b) In the event that the required -'__-.n,_' a! reports i~ are not submitted to the Board on a timely basis, or is incomplete or incorrect, the Board may, in its discretion, suspend or discontinue the disability retirement benefits. (-8-)(7) Disability affidavit. No member otherwise eligible to receive disability benefits shall be paid those benefits unless and until that member files a disability affidavit with the Board on a form furnished by the Board. By the disability affidavit, the prospective retire shall affirm that he is acquainted and familiar with the terms and conditions of his disability retirement. In particular, he shall acknowledge the authority of the Board to require him to undergo periodic future physical examinations in order to determine whether he has recovered from disability. tm(8l Authority for reexamination. Each person who first qualifies for or is then receiving disability retirement benefits on or after the effective date of this subchapter shall be subject to periodic reexamination by a medical board selected by the Board of Trustees to determine if the disability has ceased to exist. (! 0)(9) Recovery from disability. (a) In the event a member who has been retired on a disability benefit regains his health and is able to perform his duties in the Police Department or Fire Department, the Board shall discontinue the pension; and further, the City shall, subject to budget and qualification of the member for the position, offer the member a position with the city as a police officer or firefighter. (b) If a member shall resume his employment with the city, as a police officer or firefighter, then he may pay into the fund an amount equal to the aggregate contributions plus interest at a rate to be determined by the Board (computed upon his annual earnings at the time of his disability retirement) he would have been required to make hereunder, as determined by the Board, during the period of his disability retirement had he not been retired, and shall thereupon receive creditable service for the period of the disability retirement. In any event, that member shall retain credit for the period of continuous service to the date of disability. (E) Vesting. (1) If a member terminates his employment with the Police or Fire Departments, either voluntarily or by lawful discharge, and is not eligible for any other benefits under this system, he shall be entitled to the following: (a) Effective September 1, 1999, :l~_with less than ten years of continuous service, refund of member contributions with a non-compounded simple interest rate of three (3%) percent per year applied to the principal balance of the partic, ipant's contribution as accrued on December 31 of each year, per year. (b) With ten or more years of continuous service: 1. The pension benefit accrued to his date of termination, payable commencing on the date which would have been his earliest normal retirement date had he remained in employment, provided he does not elect to withdraw his member contributions, or 2. Effective September 1, 1999, P~_efund of member contributions with non-compounded simple interest rate of five (5%) percent per year applied to the principal balance of the participant's contribution as accrued on December 31 of each year. (F) Application of section. The provisions set forth herein shall be applicable to all current and future members of the plan, except those members who retired, entered the DROP plan, or terminated employment prior to the effective date of this ordinance. Members who retired, entered the DROP plan, or terminated employment prior to the effective date of this ordinance shall receive benefits in accordance with the plan provisions in effect on the date of their retirement, entry into the DROP plan, or termination, whichever is earliest. Section 4. That Chapter 33, "Police and Fire Departments", subheading, "Pensions", of the Code of Ordinances of the City of Delray Beach is hereby amended by amending Section 33.64, "Contributions", Paragraphs A, B, C and D to read as follows: Section 33.64 CONTRIBUTIONS. (A) Member contributions. (1) Effective the first pay period after September 1, 1999, Ma~_embers of the retirement system shall make regular contributions to the trust fund at a rate equal to '~ 22o/. (5o./: .,dr,,, *r` C~.*,,*,~, ~ !9e-9) three percent (3%) of their respective annual earnings. Eligible employees, as a condition of membership, shall agree in writing upon becoming a member to make the contribution specified herein. These contributions shall be deducted from the earnings before the same are paid, until the member has completed ~.0 25 years of continuous service at which time ....... *o stop member contributions are no longer required. (2) Effective October 1, 1989, the City shall pick up the member contribution required by division (A)(1) above. The contributions so picked up shall be treated as employer contributions in determining tax treatment under the United States Internal Revenue Code. the city shall pick up the member contributions from funds established and available in the salaries account, which funds would have otherwise been designated as member contributions and paid to the pension fund. Member contributions picked up by the city pursuant to this subdivision shall be treated for purposes of making a refund of member contributions, and for all other purposes of this and other laws, in the same manner and to the same extent as member contributions made prior to the effective date of this subdivision. The intent of this subdivision is to comply with Section 414(h)(2) of the Internal Revenue Code. (B) State contributions. Any moneys received or receivable by reason of laws of the state, for the express purpose of funding and paying for retirement benefits for police and firefighters of the city shall be deposited in the Trust Fund comprising part of this system. (C) City contributions. So long as this system is in effect, the city shall make an annual contribution to the Trust Fund in an amount equal to the difference in each year as between the total of aggregate member contributions for the year plus state contributions for the year and the total cost for the year as shown by the most recent actuarial valuation and report for the system. The total cost for any year shall be defined as the total of normal cost plus the additional amount sufficient to amortize the unfunded accrued past service liability over a 40-year period commencing with the effective date of this system. (D) Guaranteed refund of member contributions. All benefits payable under this system are in lieu of a refund of member contributions. Effective September 1, 1999, employees who terminate employment with less than ten (10) years of continuous service, upon the election to receive a refund of member contributions, shall receive a non-compounded simple interest rate of three, percent (3%) per year applied to the principal balance of the participant's contributions as accrued on December 31 of each year. Effective September 1, 1999, employees who terminate employment with ten (10) years or more of continuous service, upon the election to receive a refund of member contributions, shall receive a non- compounded simple interest rate of five percent (5%) per year applied to the principal balance of the participant's contribution as accrued on December 31 of each year. In any event, each member shall be guaranteed the payment of benefits at least equal in total amount to his accumulated contributions plus interest as provided herein. Section 5. That Chapter 33, "Police and Fire Departments", subheading, "Pensions", of the Code of Ordinances of the City of Delray Beach is hereby amended by amending Section 33.687, "Early Retirement Incentive", to read as follows: Section 33.687 EARLY RETIREMENT INCENTIVE. (A) Effective January 1, 1994, an early retirement incentive shall be provided to employees in accordance with this section. The availability of the early retirement incentive in any calendar year shall be determined by the City. (B) Employees with eighteen (18) and up to,.bu..t not including 20 ~ years of continuous service shall be eligible for the early retirement incentive. In any calendar year in which the City determines that the early retirement incentive will be offered, eligible employees shall be given an opportunity to decide within a specified time period (30 to 90 days) whether they wish to receive the early retirement incentive and retire from City employment. The City will provide at least sixty (60) days advance notice to eligible employees of the early retirement incentive offering. (C) Eligible employees who elect to receive the early retirement incentive shall receive two (2) additional years of continuous service_, under the System, and upon receiving such additional continuous service shall immediately retire and terminate City employment. Effective the first pay period after September 1, 1999, eligible employees who elect to receive the early retirement incentive shall receive three percent (3%) of average monthly earnings for each year of continuous service if the employee qualifies for the twenty (20) year (or more) normal retirement benefit. The early retirement incentive program shall be voluntary for all eligible employees. The early retirement incentive shall not apply to sick leave, vacation or any other accruals or benefits. (D) An employee who elects to receive the early retirement incentive under this Section cannot also participate in the Deferred Retirement Option Plan under Section 33.685. Section 6. That Chapter 33, "Police and Fire Departments", subheading, "Pensions", of the Code of Ordinances of the City of Delray Beach is hereby amended by amending Section 33.689, "Retirement Benefit Enhancement", to read as follows: Section 33.689 RETIREMENT BENEFIT ENHANCEMENT. Effective October 1, 1994, the benefits paid to eligible retirees or their beneficiaries shall be adjusted as provided in this Section. For the purpose of this Section, "eligible retirees" are members who retired or terminated employment after September 30, 1993, and whose date of hire as a City Police officer or firefighter was twenty-five (25) or more years prior to the benefit adjustment date. The benefits payable under the System to all eligible retirees or their beneficiaries shall be ?~?.e~_ e~_~ ©~_*.~ber 1 based on the 10 amount of insurance premium tax revenues received by the City for the preceding plan year pursuant to Chapters 175 and 185, Florida Statutes. A minimum benefit increase of one percent (1%) per year will be provided, regardless of the amount of premium tax revenues received by the City. To the extent total annual premium tax revenues exceed $504,922, the annual one percent (1%) minimum adjustment will be increased in increments of one-tenth of one percent, based on the actuary's determination that the amount of the excess premium tax revenues is sufficient to fund the benefit increase on an actuarially sound basis. The maximum amount of the total annual benefit increase shall not exceed four percent (4%), regardless of the amount of premium tax revenues received by the City. The annual benefit adjustment provided under this Section shall be compounded annually (i.e., the increase shall be based on the benefits received by plan members and beneficiaries at the end of the preceding plan year). The benefits payable under the System to all eligible retirees or their beneficiaries shall be adiusted annually on the anniversary of the retiree's first benefit payment. The adjusted benefit payment shall include the retirement benefit enhancement and shall be effective the first month following the anniversary date of retiree's date of hire. Disability retirees and their beneficiaries are not eligible to receive the retirement benefit enhancement. Section 7. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 8. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 9. That this ordinance shall become effective immediately upon its passage on second and final reading. PASSED AND ADOPTED in regular session on second and f'mal reading on this the day of , 1999. MAYOR ATTEST: City Clerk First Reading Second Reading 11 MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER~ SUBJECT: AGENDA ITEM #/J.~.- REGULAR MEETING OF AUGUST 3~ 1999 I.A.F.F. REQUEST RE ORDINANCE NO. 29-99 (ITEM 12.A) DATE: AUGUST 2, 1999 Attached is a memorandum from the City Attorney to me concerning materials received from the Finance Department regarding the I.A.F.F.'s request to have the proposed ordinance revisions apply to current DROP plan members. I have also attached a copy of the applicable code cite (Section 33.685(D) which clearly states that an employee's accrued benefit under the System shall be determined on the effective date of the employee's election to participate in the DROP plan and that an employee who elects to participate in the plan shall not accrue any additional benefits under the System. One reason the changes are being made to the Police and Fire retirement plan is to serve as an incentive for the retention of new hires. They were not necessarily intended to apply to those employees who have already retired or opted to do so under the DROP plan. The City has no legal obligation to extend the proposed ordinance changes to these individuals. This information is provided for your information. Commission discretion is recommended. Ref:Agmemo14.Ord29-99.IAFF request RECEIVED J U L 2 9 1999 CiTY ATTORAEY'S OFFICE ~.oo ~, ~^.,~.~. ~,~^~.~^~., ~o~,~ TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755 DFLRAY BEACH Writer's Direct Line: 561/243-7091 Ali. America City '~ DATE: July 29, 1999 1993 TO: David Harden, City Manager FROM: Susan A. Ruby, City Attorney SUBJECT: IAFF Request I received a copy of the attached materials from Sherry Muehlberg today regarding the request of the IAFF to have the proposed ordinance revisions apply to current DROP plan members. I am providing this to you for your information. Attachment iaff4rop.doc +40'724,371615 CI'IY OF DF_.LF(RY BEG:ICH '/~ P~i JUL PROFESSIONAL FIGHTERS & PARAMEDICS OF DELRAY BEACH LOC 1842 INTE~ATION~ ASSOCIATION OF FI~FIOHTERS P,O, BOX 583, DEL~Y BEACH, ~ 33437 July 22, 1999 Jay Alprine, Mayor City of Delrey Beach 100 NW 1 Avenue Delray Beach, FL 33444 Dear Mayor ^lprine, As you are very much aware, several changes have been proposed to the Police and Fire Pension PJan. Included in the changes is an increase in the multiplier for years of service from 2.5% to 3% after 20 years of service. The intent of this letter is to request that all Bargaining Unit Members, including DROP Plan participants, be included in these changes. Currently, the 13 DROP Plan participants are not being considered for this benefit change. These employees are apparently being excluded because of their involvement in the DROP Plan although they are still active employees of the City. We did attempt to rectify this situation with members of the City Staff and were told that they would not be included. I have included · copy of the Pension Board Actuary's estimate of the cost to include these employees. As you can see, this study was conducted in 1998 and there were 20 active DROP plan participants at that time. Currently there are only 13 still employed with the City which reduces this estimate significantly. The cost to fund including these employees could also come from the pension plan Itself as is proposed by the Cffy for the cost of the other changes. Additionally, I have attached a section of the City of West Palm I~each's pension plan document clearly indicating that this type of action has recently been done for other active employees who where participating in a DROP plan. The Professional Fire Fighters and Paramedic of Delrey Beach would truly appreciate your support in this matter. We feel that including all active employees in these proposed changes is the right thing to do. Thank you for your time and effort. Sincerely, Richard M, Murphy'''--~ Vice President Ned Gusty, HR Director Joe Saffozd, Finance Director 07/29/99 THU 13:15 [TX/RX NO 5959] +40724~?165 CITY OF DELRAY BEACH 718 P02 JUL 29 '99 12:14 GABRIEL. ~OEOER, 5~1~ & ~MPA~Y ~ultenV I A~uBrlel Mr. Bill Aclem$, Secretary Delray Beach Police and Firefightars Pension Board 609 Homewood Boulevard Delrey Beach, Florida 33445 Dear Bill: Last month you had asked us to determine the con14mpmc! of' allowing those In the DROP to be subject to the proposed 3% multiplier, We gave you figures over th~ phone on June 11~. Rich Murphy O! the Firafl§hters union has asked us to put the figuree in writing. At Ootober 1. 1998, there were 20 DROP participants. If all 20 were granted the 3% multiplier, He present value of their benefits would Inoraase by $1,396,775 which in turn would raise the required annual contribution by $132,567. Please contact us if you have any questions. Sincerely yours, J. Stephen Pelmqulst JSP/or 07/2g/g9 THU 13:15 [TX/EX NO 595g] +40724371G$ CITY 0~ DELRRY BERCH ?18 P03 JUL 29 '99 12:15 ', -.:~-t.,~',-'.l~lrL. l'l f. Fi'~lLk .~uI-P:4 '/':, ..l:./'.,Ph .,.,~ .,,,,.,....~ .... d. The Board shall be required to engage the service3 prolessional investrn, ent counsel to as;fist si:id advise Ihs Trustee in periormance of their duties, e. At least once every three (3) years, the ~oarcl shall retain an independent consultant proIessiorw~lly .:lUaUJied !o evaluate the performance o! its prole~sional money rummager or investment counsel. .-The independent consultant shall make [ecommendations to the 8oard regarding the ~-election o! money mcmager-~ for the next investment term. These re¢omaiendations shall be conside:ed by the Board at its next regularly scheduled meeting. (c) Maximum o! cash not invested. No more ~han ten perceni (10%} of the assets o1 tim Fund shall be held in cash or in noninterest-bearing deposits. Section 4. Par,-,graph (al o! subsection ($) el section 17 o~ Chapter 24981, Laws Florida, 1947, as amended, is hereby amended as [ollow:~: (5) Service pension. (a) Normal retirement, Any member whose entry or re-entry tn the employment el the department occurs after April 30, 1959, who has cntatned age fifty (50) years, and who has acquired Jifleen (! 5) or more years o! service credit shall, upon application [tied with the board be retired and shall be entlQed to a monthly pension for the remainder of his lee equal to the greater of the following ~l..~~.L~: a. For a member who is active_iv f, mnloved by the dec~artment on or after October I. [~tgljl g~ who) is hart of the D!ROP'o~t or cdter Oct_abet t. |991i, _threq. {3) _Der,:enl o[ .h;~.!incll averao_e sal~zry multiolied bv th~ numberof v'ears_ and fractian of a year_ service credit earnecl_Irom on~J after ac_tabor 1. 191t2. r)lu~ two CODING: Words ~ are deletions; w~)rds ~ are additions. 07/29/99 THU 13:15 [TX/RX NO 5959] Section 33.685(D) (D) An employee's continuous service and accrued benefit under the System shall be determined on the effective date of the employee's election to participate in the Deferred Retirement Option Plan. An employee who elects to participate in the Deferred Retirement Option Plan shall not accrue any additional continuous service or benefits under the System, except for additional benefits provided under the retirement benefit enhancement, if applicable, while participating in the Deferred Retirement Option Plan. No amounts shall be paid to an employee from the System while the employee is a participant in the Deferred Retirement Option Plan. (E) A Deferred Retirement Option Plan account shall be established for each employee who elects to participate in the Deferred Retirement Option Plan in accordance with this section. During the period of the employee's participation in the Deferred Retirement Option Plan, the employee's normal retirement benefit, calculated in accordance with Section 33.62(B) based on average monthly earnings and continuous service as of the effective date of the employee's election to participate in the Deferred Retirement Option Plan, shall be paid into the employee's Deferred Retirement Option Plan account. The employee's Deferred Retirement Option Plan account shall be invested by the Board of Trustees and credited with interest equal to the overall net rate of return on Retirement Fund assets during the period the employee participates in the Deferred Retirement Option Plan. (F) At the conclusion of the employee's participation in the Deferred Retirement Option Plan, and as a condition of participating in such Plan, the employee will retire and terminate City employment. The employee will thereafter receive a normal retirement benefit calculated in accordance with Section 33.62(B) based on average monthly earnings and continuous service as of the effective date of the employee's election to participate in the Deferred Retirement Option Plan. The employee's Deferred Retirement Option Plan account will thereafter be distributed to the employee in a cash lump sum, unless the employee elects an alternative distribution as described below: (1) Payments in approximately equal quarterly or annual installments over a period designated by the employee, not to exceed the life expectancy of the employee or the joint life expectancy of the employee and the employee's designated beneficiary. In the event that the employee dies before all installments have been paid, the remaining balance in the employee's Deferred Retirement Option Plan account shall be paid in an immediate cash lump sum to the employee's designated beneficiary. III.44.1 -- I:IT¥ OF DELRn¥ BENCH CITY ATTORNEY'S OFFICE .w TELEPHONE 561,/243-7090. FACSIMILE 561/278-4755 DELRAY BEACH Writer's Dir~:t Linc: 561/243-7091 Ali. America City 1993 TO: City Commission FROM: Susan A. Ruby, City Attomey SUBJECT: Ordinance No. 29-99 (Police and Fire Retirement Plan) and Ordinance No. 30-99 (General Employees Retirement Plan) The following is a summary of the changes proposed: Ordinance No. 30-99 - General Employees Pension Changes 1. Changes the eligibility for a fully normal retirement benefit by adding a 30 years of credited service threshold regardless of age to the age 60 with ten years of service threshold for eligibility that currently exists. 2. Adds a DROP Plan. 3. Provides for interest of 3% with less than 10 years of service and 5% with 10 or more years of continuous service on employee contributions when withdrawn. 4. Brings employee contributions into the retirement plan to zero. 5. These changes as drafted exclude union members who are currently operating under an expired CBA or those that have not yet entered into a CBA. 6. Establishes a 1% matching program to a deferred compensation plan. This change is not a part of the pension ordinance, but is outlined in an administrative policy. Ordinance No. 29-99 - Police/Fire Pension Changes 1. Clarifies that the early retirement window option applies only to pension benefits entitlement for those with at least 18 years to 20 years of service and provides that sick leave, vacation and other accruals are not part of the benefit. 2. Clarifies that the retirement benefit enhancement will apply to beneficiaries. The enhancement will be adjusted annually on the retiree's anniversary date of hire and expressly eliminates retiree's ability to receive the enhancement. 3. Reduces the percent for a disability pension to 60%. 4. Increases the multiplier from 2.5 to 3.0 for members with 20 years or more of service. City Commission July 29, 1999 Page 2 5. Increases from 2 to 3 years the determination of average monthly earnings. 6. Reduces employee contributions from 7.33% to 3.00% of base compensation. 7. Provides interest on withdrawn contributions. 8. Removes all offsets. 9. Provides for changes to beneficiaries after retirement. Police/Fire Agreement Amendmem The police/fire addendum to agreement makes the same clarifications to the early retirement incentive (window) provisions and the retirement benefit enhancement. By copy of this memorandum to David Harden, City Manager, please place the General Employees and Police and Fire ordinances on the City Commission for the August 3, 1999 agenda for first reading. The addendum to agreement should be placed on the August 17, 1999 agenda to be approved at second reading. SAR:smk Attachments cc: David T. Harden, City Manager Alison MacGregor Harry, City Clerk James W. Linn, Esq. ORDINANCE NO. 30-99 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 35, "EMPLOYEES POLICIES AND BENEFITS", SUBHEADING "RETIREMENT PLAN", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH BY AMENDING SECTION 35.089, "DEFINITIONS", TO PROVIDE CHANGES IN THE DEFINITIONS OF "NORMAL RETIREMENT DATE", "RETIREMENT" AND "TERMINATED PARTICIPANT"; AMENDING SECTION 35.095, "CONTRIBUTIONS OF PARTICIPANT AND CITY", SUBSECTION 35.095(A), "PARTICIPANT'S CONTRIBUTION ACCOUNT", TO PROVIDE FOR CHANGES TO CERTAIN PARTICIPANT CONTRIBUTIONS, AND TO PROVIDE FOR VARIABLE INTEREST ON CONTRIBUTIONS WITHDRAWN BY CERTAIN PARTICIPANTS PRIOR TO NORMAL RETIREMENT; AMENDING SECTION 35.097, "RETIREMENT INCOME; BASIS, AMOUNT, AND PAYMENT", SUBSECTION 35.097(D), "BENEFITS OTHER THAN ON RETIREMENT", PART 35.097(D)(1), "BENEFIT ON TERMINATION OF SERVICE,,-ON DEATH AFTER TERMINATION OF SERVICE", PARAGRAPHS (A) & (E)?t)TO PROVIDE FOR INTEREST ON CERTAIN PARTICIPANT CONTRIBUTIONS WITHDRAWN PRIOR TO RETIREMENT; CREATING A NEW SECTION 35.110, "DEFERRED RETIREMENT OPTION PLAN", PROVIDING A DROP PLAN FOR CERTAIN ELIGIBLE PARTICIPANTS; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Delray Beach desires to enhance certain retirement benefits to certain participants of the General Employees' Retirement Plan by changing the normal retirement date, providing for no employee contributions, providing interest on contributions withdrawn by participants prior to their normal retirement date and by providing for a Deferred Retirement Option Plan. NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH AS FOLLOWS: Section 1. That Chapter 35, "Employee Policies and Benefits", subheading, "Retirement Plan", of the Code of Ordinances of the City of Delray Beach is hereby amended by amending Section 35.089, "Definitions", to read as follows: Section 35.089 DEFINITIONS. (G) "Normal retirement date" is the first day of the month coincident with or next following the date a participant attains the age of 60 and completes ten years of credited service, or the date on which a participant attains thirty (30) years of credited service, regardless of age, whichever occurs first. A participant may continub in the employ of the city and continue to participate in the plan beyond the normal retirement date. (I) "Retirement" means either termination of CitY employment with immediate entitlement to receive normal, early or disability retirement income under the plan, or entry into the Deferred Retirement Option Plan ("DROP") with immediate entitlement to receive normal retirement income from the General Employees Retirement Plan to the DROP. (K) "Terminated Participant" means a plan participant with *o" t~ n~ ...... .... ,_ _, ........ yeo..r~ at least five (5) years of credited service whose City employment is terminated for any reason other than death, early retirement or disability retirement prior to the normal retirement date. Section 2. That Chapter 35, "Employee Policies and Benefits", subheading, "Retirement Plan", of the Code of Ordinances of the City of Delray Beach is hereby amended by amending Section 35.095, "Contributions of Participant and City", Subsection 35.095(A), "Participants contribution account" to read as follows: Section 35.095 CONTRIBUTIONS OF PARTICIPANT AND CITY. (A) Participant's contribution account. (1) For the purpose of this division "PARTICIPANT'S CONTRIBUTION ACCOUNT" will consist of tax deferred participant contributions. Effective the first pay period beginning on or after October 1, 1989, employee contributions will be picked up by the city and shall be treated as employer contributions for tax purposes. However, for all purposes of determining benefits under the plan, they will be considered participant contributions. (2) Each participant will contribute toward the cost of the plan an amount equal to three percent (3%) of the first $4,800 of his basic annual compensation, and six percent (6%) of basic annual compensation in excess of $4,800 until the beginning of the first pay period after September 25, 1984. Beginning with the first pay period after September 25, 1984, each participant will contribute toward the cost of the plan an amount equal to six percent (6%) of basic compensation. Effective as of the first pay period beginning on or after October 1, 1989, participant contributions will be equal to four and one-half percent (4.5%) of basic compensation on a tax-deferred basis. Beginning with the first pay period after September 1, 1999, participants shall not be required to contribute to the plan, except those participants described in paragraph (4) of this Section. (3) E~_c~ ..,.-.~:,.:..,.,..,+ ok.., ,.,...-.+; .... + ....+~k.,+o +,-. +ko ,.a ..... ~:~ ,k .... ~°°+ + ....... ef the fe!!ew!ng d~tez: 2 ORD. NO. 30-99 ~(3) Any~ing in the pl~ to the contr~ notwi~s~ding, ~e total benefits payable ~der the plan to, or with respect to, a p~icip~t shall not be less ~ the benefits ~at c~ be provided by the participant's contributions, ~d f~her provided, if a ~emin~!ed p~icip~t: who is te~inaed, elects to --;~- *~ +~ ..... ' -~*; ..... + ~-+~ ~e p~icip~t will be entitled ~-~-' withdraw p~icip~t contributions ~ .................................... , .... ~ te *"~ --* .... c ..~;~;..., ~.,.;,,.,; ...... ;,h.,., ;., .... * to ~e ret~ of pmicip~t con~ibutions with interest, in lieu of all other benefits payable under th~ pl~. Effectiv~ September I, 1999, if a p~icip~t has ten (10) or mor~ ~eas of credited se~ic~ under the pl~ a non-compo~d~d simple int~r~st rat~ of fi~ (~%) p~rc~nt p~r ~a shall b~ applied to ~ principal bal~c~ of ~ p~icip~t's contribution as accrued on December 31 of each ~e~. Effective September 1, 1999, if a p~icip~t has less ~ t~n (10) ~eas of credited semite under ~e pl~ a non-compo~d~d simpl~ inter~st rat~ of ~c~ (3%) p~rc~nt shall b~ applied to the principal bal~ce of the p~icip~t's contribution ~ accrued on D~cemb~r 31 of each ~ea, Panicip~t contributions ca~ot be withdrawn whil~ a p~icip~t remains in ~ employ of the city or ater the payment of benefits under the pl~ has commenced. (4) Applicability to Bargaining Unit Employees. Participants who are part of a bargaining unit which currently has not entered into a collective bargaining agreement or is operating under an expired collective bargaining agreement with the City shall continue contributing to the plan in the same manner and amount as previously required prior to the effective date of this ordinance and shall receive no interest on participant contributions upon termination from the plan. Should the City and the affected bargaining units enter into and ratify a collective bargaining agreement the affected participants shall not be required to contribute to the plan, and may receive interest on monies withdrawn in accordance with paragraph (3), from the date of the final execution of the collective bargaining agreement forward and shall retain status quo ante rights thereafter. Section 3. That Chapter 35, "Employee Policies and Benefits", subheading, "Retirement Plan", of the Code of Ordinances of the City of Delray Beach is hereby amended by amending Section 35.097, "Retirement Income; basis, amount, and payment", Subsection 35.097(D), "Benefits other than on retirement", Part 35.097(D)(1), "Benefit on termination of service on death after termination of service", Paragraph (a), to read as follows: 3 ORD. NO. 30-99 Section 35.097 RETIREMENT INCOME; BASIS~ AMOUNT~ AND PAYMENT. (D) Benefits other than on retirement. (1) Benefit on termination of service and on death after termination of service: (a) If a participant's city employment is terminated after completion of five (5) years of credited service but before the normal retirement date, and the termination of employment is for any reason other than the participant's death, early retirement as described in division (B) of this section, or disability retirement as described in division (C) of this section, the participant shall, if then living, be entitled to a deferred monthly retirement income commencing on the normal retirement date. The amount of the deferred monthly retirement income shall be computed in the same manner as normal retirement income under division (B)(2) of this section, based upon the terminated participant's vested percentage, credited service and final monthly compensation at the date of termination of city employment. A participant who terminates city employment after completion of five (5) years of credited service may alternatively elect, in lieu of any other plan benefits, to withdraw participant contributions ~ in accordance with Section 35.095(A). ~,,~.~, olo,.,;,~., + .... ;+l~A ....... .-*;,-;-,~-* ,',~.,trih~,t; .... i~all l-,~ ........ r ...... r ........................................ ., .................. r ........... Section 4. That Chapter 35, "Employee Policies and Benefits", subheading, "Retirement Plan", of the Code of Ordinances of the City of Delray Beach is hereby amended by amending Section 35.097, "Retirement Income; basis, amount, and payment", Subsection 35.097(D), "Benefits other than on retirement", Part 35.097(D)(1), "Benefit on termination of service on death after termination of service", Paragraph (e), to read as follows: Section 35.097 RETIREMENT INCOME; BASIS, AMOUNT~ AND PAYMENT. (D) Benefits other than on retirement. (1) Benefit on termination of service and on death after termination of service: (e) Except as provided in division (A) of this section with respect to normal retirement, division (C) of this section with respect to disability retirement, and division (D) of this section with respect to death, a participant whose employment is terminated prior to the completion of five (5) years of credited service shall be entitled only to the return of participant contributions a~i.kh~.~-ia~ in accordance with Section 35.095(A). 4 ORD. NO. 30-99 Section 5. That~Chapter 35, "Employee Policies and Benefits", subheading, "Retirement Plan", of the Code of Ordinances of the City of Delray Beach is hereby amended by creating Section 35.110, "Deferred Retirement Option Plan", to read as follows: Section 35.110 DEFERRED RETIREMENT OPTION PLAN. gA) Beginning with the first pay period after September 1, 1999, any employee who is eligible for normal retirement, as defined in Section 35.089gG), may elect to participate in the Deferred Retirement Option Plan ("DROP"), except as provided in Section 35.110(L), in accordance with this section. An employee is considered retired for pension plan purposes upon entering into the DROP plan. (B) An election to participate in the DROP plan must be made in writing and shall become effective thirty g30) days following the date it is received by the Retirement Committee or pension plan administrator, or on a later date if specified by the employee. gC) An employee who elects to participate in the DROP plan may participate in such plan for a maximum of sixty g60) months. (D) An employee's credited service and accrued benefit under the system shall be determined on the effective date of the employee's election to participate in the DROP plan. An employee shall not accrue any additional benefit under the plan after entering the DROP plan, except as afforded other eligible retirees under the plan. After entering the DROP plan, a participant shall not be eligible for disability or pre- retirement death benefits under the retirement plan. gE) A DROP plan account shall be established for each employee who elects to participate in the DROP plan in accordance with this section. During the period of the employee's participation in the DROP plan, the employee's normal retirement benefit shall be paid into the employee's DROP plan account. The employee's DROP plan account shall be invested by the Retirement Committee and credited with interest equal to the overall net (earning less costs) investment rate of return on the Retirement Plan assets during the period of the employee's participation in the DROP plan. Provided~ however, the Committee, in its sole discretion, may establish a separate plan for DROP accounts that would be invested by the retiree and for which special rules may be applied consistent with Internal Revenue Service regulations. gF) At the conclusion of the retiree's participation in the DROP plan, and as a condition of participating in such Plan, the retiree will continue his retirement and terminate City employment. The retiree will thereafter receive a normal retirement benefit at the same rate as previously calculated but the monthly amount will be paid to the retiree and not deposited in the DROP plan account. The retiree's DROP plan account will thereafter be distributed to the retiree in a cash lump sum, unless the retiree elects an alternative distribution as described below: 5 ORD. NO. 30-99 (1) P~ayments in approximately equal quarterly or annual installments over a period designated by the retiree not to exceed the life expectancy of the retiree or the joint life expectancy of the retiree and the retiree's designated beneficiary. In the event that the retiree dies before all installments have been paid, the remaining balance in the DROP plan account shall be paid in an immediate cash lump sum to the retiree's designated beneficiary, or (2) The purchase of a non-forfeitable fixed annuity payable in such form as the employee may elect. Elections shall be in writing and shall be made at such time or in such manner as the Retirement Committee shall determine. If the annuity form selected is not a qualified joint and fifty /50) percent survivor annuity with the retiree's spouse as the beneficiary, the annuity payable to the retiree and thereafter to the retiree's beneficiary shall be subject to the incidental death benefit rule as described in Section 401 ia) (9)(G) of the Internal Revenue Code and applicable regulations. /G) Notwithstanding the provisions of paragraph (F), if a retiree dies before distribution of the retiree's DROP plan account commences, the account balance shall be paid to the retiree's designated beneficiary in such optional form as the beneficiary may select. Notwithstanding, the provisions of Paragraph F, if the retirement committee adopts a separate plan in accordance with 35.110(E), distribution in accordance with rules established by the retirement committee under such separate plan will apply. tH) Except as otherwise provided in this Section, distribution of an employee's DROP plan account shall begin as soon as administratively practicable following the employee's termination of employment. A retiree may, in accordance with such procedures as the Retirement Committee may prescribe, elect to defer distribution of the DROP plan account until the first day of any month coincident with or following the termination of the retiree's City employment; provided, however, distribution shall be made before the distribution date elected by the employee to the extent necessary to comply with the Internal Revenue Code and regulations thereunder. Any amounts in a retiree's DROP plan account shall continue to be invested by the Retirement Committee and shall be credited with the net investment return on the Retirement Fund until the balance of the DROP plan account is fully distributed to the retiree or the retiree's beneficiary. Provided, however, if the Committee establishes a separate plan as set forth in Section 35.110(E), the earnings will be invested and distributed pursuant to the rules of the separate plan. ii) In no event shall the provisions of this Section operate so as to allow the distribution of a retiree's DROP plan account to begin later than April 1 following the later of the calendar year in which the retiree terminates City employment or attains age seventy and one-half (70 ~). /J) Notwithstanding any other provisions of this Section, all distributions from retiree DROP plan accounts shall conform to applicable provisions of the Internal Revenue Code and regulations issued thereunder and as provided under a separate plan if adopted by the retirement committee. 6 ORD. NO. 30-99 (K) Notwithstanding any provision of this Section to the .contrary, a retiree or beneficiary receiving distributions from a DROP plan account may elect, at the time and in a manner prescribed by the Retirement Committee, to have any portion of an eligible rollover distribution paid directly from the DROP plan account to an eligible retirement plan specified by the retiree or beneficiary in a direct rollover; provided, however, if the committee establishes a separate plan as set forth in Section 35.110(E), the eligible rollover distribution of the DROP plan allotment will be distributed pursuant to the rules of the separate plan. The following definitions apply to the terms used in this paragraph: (1) "Eligible rollover distribution" means any distribution of all or any portion of the balance to the credit of the distribntee under the DROP plan, except that an eligible rollover distribution does not include any distribution that is one of a series of substantially equal periodic payments (not less frequently than annually) made for the life (or life expectancy) of the distributee or the joint lives (or joint life expectancies) of the distributee and the distributee's designated beneficiary, or for a specified period of ten (10) years or more, any distribution to the extent such distribution is required under Section 401(a)(9) of the Internal Revenue Code, and the portion of any distribution that is not includible in gross income. (2) "Eligible retirement plan" means an individual retirement account described in Section 408(a) of the Internal Revenue Code, an individual retirement annuity described in Section 408(b) of the Internal Revenue Code, an annuity plan described in Section 403(a) of the Internal Revenue Code, or a qualified trust described in Section 401(a) of the Internal Revenue Code, that accepts the distributee's eligible rollover distribution. However, in the case of an eligible rollover distribution to the surviving spouse, an eligible retirement plan is an individual retirement account or individual retirement annuity. (3) "Distributee" means an employee or former employee. In addition, the employee's or former employee's surviving spouse is a distributee with regard to the interest of the spouse. (4) ~"Direct rollover" means a payment by the DROP plan to the eligible retirement plan specified by the distributee. The direct rollover may be accomplished by any reasonable means determined by the Retirement Committee. (L) Participants who are part of a bargaining unit which currently has not entered into a collective bargaining agreement or is operating under an expired collective bargaining agreement with the City shall not be allowed to participate in the DROP plan. Should the City and the affected bargaining units enter into and rati~ a collective bargaining agreement the affected participants shall be allowed to enter into the DROP plan as of the date the collective bargaining agreement is executed. Section 6. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. 7 ORD. NO. 30-99 Section 7. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 8. That this ordinance shall become effective immediately upon its passage on second and final reading, except as to general employee plan participants who are covered under an expired collective bargaining agreement; or belong to a bargaining unit that has not executed a collective bargaining agreement. This ordinance shall become effective as to the excluded employees immediately upon the date of ratification and execution of a collective bargaining agreement applicable to such employees. PASSED AND ADOPTED in regular session on second and final reading on this the ~ day of ,1999. MAYOR ATTEST: City Clerk First Reading Second Reading 8 ORD. NO. 30-99 City o'.f ADMINISTRATIVE su.a~.c?,~.u~,o~..~.u~.~s POLICIES AND PROC~URES De~e~ea Compensatio~ D e lr ay MANUAL Match1.9 , DB-1 4 0 I OF 2 · SUPERSEDES APPROVED BY~ 0 DAVID T. HARDEN, City Manager EB-14.0 Pu~ose: The p~ose is to establish a volunt~ one percent (1%) matc~nE proEr~. EB-14.01 Applicability: This policy applies to all rcEul~ full-time employees of the City of Dclray Beach who ~c members of ~e General Employee's Retirement Plan, except it docs not apply to those employees ~ho upon thc effective date of this policy ~e covered by ~ expired collective barEainin~ aEreement or ~c pa~ of a b~EaininE milt that has yet to ratify ~d execute a collective b~EaininE aErccmcnt. This policy shall be effective ~ to ~ose excluded employees when a cu~ent collective b~Eai~nE aErcement providinE for ~is proEr~ is ratified ~d executed. EB-14.2 Policy: The City shall contribute one percent (1%) of the employee's base compensation to a deferred compensation plan designated by the City, if an eligible employee also contributes at least one percent (1%) of the employee's base compensation to the same deferred compensation plan for the employee's benefit, in accordance with the following terms: A. In order to participate in this matching program, the employee contribution shall be deducted from his/her pay. The total combined contribution of the City and employee may not exceed the amount allowed per Internal Revenue Service regulations. B. City and employee contributions to a deferred compensation plan, pursuant to this policy, shall cease upon the date the employee no longer works for the City as a regular full-time employee, enters the Deferred Retirement Option Plan (DROP plan), or if the employee becomes a member of a defined benefit plan (other than the General Employees Retirement Plan). C. A re-hired employee who previously participated or was previously eligible to participate in the matching program shall not have any buy back rights under the " matching program. D. An eligible employee who desires to participate in this matching program may contribute more than one-percent (1%) of the employee's base compensation (subject to IRS regulations), however, the City's contribution shall not exceed one percent (1%). SUBJECT: EMPLOYEE BENEFITS Deferred Compensation Plan for Non-Participating Employees Page 2 E. An eligible em, ployee who participates in tile matching progrmn may later elect to not participate in 0lc matching program upon giving thirty (30) days prior written notice to the City. The City's matching contribution shall also cease at the time that the employee's contribution ceases. F. An eligible employee who desires to or does not desire to participate in the matching program or who wishes to temfinate participation must complete all paper work and lbrms required by tile Finance Department. CITY OF DELRAY UEACII ELECTION OF I'ARTICIPATION OR NON-PARTICIPATION IN CITY'S ONE PERCENT MATCIIING PROGRAM ! have reviewed tile City of Dehay Beach Administrative Policy mid Procedure Nmnber Ei3-14, "One Percent Matching Progtmu". In complim~ce with flint ptocedme, the following request is made: I elect ljo~ lo pm'ticipate in the City's One l'ercent Matching Progrmn. ,1 elect to participate in the City's One Perceut Matchiug Program. i lhrther understand that if I elect to pmticipate in the Matching Progrmn, Internal Revenue Service Regulations govemin8 the 457 Deferred Compensation Plan limits the mnount of mmual contributions nmde 1o my i.C.M.A. 457 Deferred Compensation accom~t to 25% of my mmual salary up to n maximmn of $8,900. I fmther m~derstm~d that if i elect to participate in the 457 Delbrred Compensation PI~, the combined contributions of the City and myself to my Deferred Compensation Plan account cmmot exceed the IRS maximum allowable total in any calendar year. I understand that I will need to contact the Finm~ce Dep~tment in order to complele the necessary I.C.M.A. 457 Deferred Compensation Plan Enmlhnent From to begin participation in the 457 Deferred Compensation Plan. I elect lo no longer participate in the City's One Percent Malching I'rogmm. ! underslm~d that if I no longer p~ticipate by contributing at least one-pement of my base compensation, the City shall also not contribute to the Match Progrmn. Employee's Signatm'e Date Employee's Name (Print) Employee's Social Security Number Employee's l'osition Title Employee's Department Witness Signature Date Or iginnl to: I I,m,mt Resom ces Copy I.: H.m.ce- I'aymll Division Copy h,: Fhm.ce Admlnlslrntlon