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07-06-04 Agenda RegCity of Delray Beach Regular Commission Meeting Tuesday. July 6, 2004 Regular Meeting 6:00 p.m. Public Hearings 7:00 p.m. Commission Chambers Dekay Beach City Hall 100 N~ 1st Avenue Delray Beach, Florida 33444 Phone: (561) 243-7000 Fax: (561) 243-3774 RULE8 FOR PUBLIC PARTICIPATION 1. PUBLIC COMMENT: The public is encouraged to offer comments with the order of presentation being as follows: City Staff, public comments, Commission discussion and official action. City Commission meetings are business meetings and the right to limit discussion rests with the Commission. Generally, remarks by an individual will be limited to three minutes or less. The Mayor or presiding officer has discretion to adjust the amount of time allocated. A. Public Hearings: Any citizen is entitled to speak on items under this section. Comments and Inquiries on Non-Agenda Items from the Public: Any citizen is entitled to be heard concerning any matter within the scope of jurisdiction of the Commission under this section. The Commission may withhold comment or direct the City Manager to take action on requests or comments. Co Regular Agenda and First Reading Items: When extraordinary circumstances or reasons exist and at the discretion of the Commission, citizens may speak on any official agenda item under these sections. 2. SIGN IN SHEET: Prior to the start of the Commission Meeting, individuals wishing to address public hearing or non-agendaed items should sign in on the sheet located on the right side of the dais. If you are not able to do so prior to the start of the meeting, you may still address the Commission on an appropriate item. The primary purpose of the sign-in sheet is to assist staff with record keeping. Therefore, when you come up to the podium to speak, please complete the sign-in sheet if you have not already done so. 3. ADDRESSING THE COMMISSION: At the appropriate time, please step up to the podium and state your name and address for the record. All comments must be addressed to the Commission as a body and not to individuals. Any person making impertinent or slanderous remarks or who becomes boisterous while addressing the Commission shall be barred by the presiding officer from speaking further, unless permission to continue or again address the Commission is granted by a majority vote of the Commission members present. APPELLATE PROCEDURE8 Please be advised that if a person decides to appeal any decision made by the City Commission with respect to any matter considered at this meeting, such person will need to ensure that a verbatim record includes the testimony and evidence upon which the appeal is based. The City neither provides nor prepares such record. The City will fumish auxiliary aids and services to afford an individual with a disability an opportumty to participate in and enjoy the benefits of a service, program, or activity conducted by the City. Contact Doug Randolph at 243- 7127, 24 hours prior to the event in order for the City to accommodate your request. Adaptive listening devices are available for meetings in the Commission Chambers. 2. 3. 4. 5. ROIJ. CAT.T._ INVOCATION. PLEDGE OF ALI.EGIANCE TO THE FLAG. AGENDA APPROVAL. APPROVAL OF MINUTES: · June 22, 2004 - Regular Meeting PROCLAMATIONS: Recognizing and commending Lula Butler, Director of Community Improvement - Florida League of Cities "Florida Cities of Excellence" City Employee of the Year Award PRESENTATIONS: · NONE CONSENT AGENDA: City Manager Recommends Approval. FINAL BOUNDARY PLAT APPROVAL/NIETO PARK PLAT: Approve the subdivision plat for the Nieto Park Plat located on the north side of the 300 Block of S.W. 3rd Street. SERVICE AUTHORIZATION NO 10.1: Approve Service Authorization No. 10.1 to CH2M Hill, Inc. in the amount of $17,532.00 for additional services in conjunction with the N.W./S.W. 5th Avenue Beautification Project. Funding is available from 334- 4141-572-65.83 (General Construction Fund/Beautification/N.W./S.W. 5e~ Avenue). SERVICE AUTHORIZATION NO, 1/CORNELL PARK/ROBERT WALTERS ARCHITECTS, INC.: Approve Service Authorization No. 1 to Robert Walters Architects, Inc. in the amount of $27,000.00 for consulting services for the development of Cornell Park to include site survey, master planning, stakeholder consensus building, preliminary and final sight plan development and engineering. Funding is available from 380-4150-572-63.27 (2004 G.O. Bond/Cornell Park). PURCHASE ORDER INCREASE/LIQUID CHLORINE: Approve an increase of $55,000.00 to blanket purchase order g614892, Jones Chemicals, Inc., for the purchase of liquid chlorine for the Water Treatment Plant. Funding is available from 441-5122-536-52.21 (Water/Sewer Fund/Chemicals). 0%06-2004 FDOT UTILITY PERMIT & HOLD HARMLESS AI3REEMENT/ll07 SOUTH OCEAN BOULEVARD; Authorize the City to act as the utility permit applicant for a water service connection within the state right-of-way 0ocated at 1107 South Ocean Boulevard) and approve a Hold Harmless Agreement with the developer (Mark Timothy, Inc.). FDOT UTILITY PERMIT & HOLD HARMLESS AI3REEMENT/602 NORTH OCEAN BOULEVARD; Authorize the City to act as the utility permit applicant for a water service connection within the state right-of-way (located at 602 North Ocean Boulevard) and approve a Hold Harmless Agreement with the developer (Michael E. Neuman). RESOLUTION NO. 52-04: Approve a resolution supporting a referendum to be held on November 2, 2004 for the levy of a half-cent sales tax by the School Board of Palm Beach County for the purpose of financ'mg a comprehensive plan to construct and renovate public schools count~ide. RESOLUTION NO. 54-04: Approve a resolution opposing an amendment to the Florida Constitution that would raise Florida's Homestead Exemption to $50,000.00. REVIEW OF APPEAl.aBLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Land Development Boards for the period June 21, 2004 through July 2, 2004. j. AWARD OF BIDS AND CONTRACTS: Purchase award to Motorola, Inc. in the amount of $34,410.00 for seventy-two (72) Motorola PMDC Application Software Licenses for electronic communication for the Police Department. Funding is available from 001- 2113-521-49.90 (General Fund/Police Support/Other Current Charges). Purchase award to CCG Systems, Inc. in the amount of $62,000.00 for Faster Fleet Management Software for the City Garage. Funding is available from 334- 6112-519-66.10 (General Construction Fund/Renewal & Replacement/Software). REGULAR AGENDA: CONDITIONAL USE REOUEST/MONUMENT AND ORNAMENTAL STONE CUTTING FACILITY: Consider a request for conditional use approval to allow the establishment of a monument and ornamental stone cutting facility for Granite & Marble Design, located at the northeast comer of Congress Avenue and Dr. Carol KrolWay 021 North Congress Avenue). (Quasi-JudicialHearing) REOIJEST FOR IN-LIEU PARKING SPACES/CHRISTINA'S RESTAURANT: Consider a request from Christina's Restaurant for the purchase of four (4) in-lieu parking spaces in the amount of $24,000.00. Christina's Restaurant is located at 65 N.E. 2''a Avenue (Ocean City Lumber Complex). (QnaM-JndiciM 07-06-2004 DELINOUENT FEES/AMERICAN LEGION/THE CARING KITCHEN: Consider a request to waive delinquent Solid Waste Authority Disposal Assessment Fees in the amount of $11,480.97 for the American Legion and The Caring Kitchen. REOUEST TO REDUCE LIENS/COMMUNITY REDEVELOPMENT AGENCY; Consider a request from the Community Redevelopment Agency (CRA) to waive the interest and administrative fees in the amount of $4,242.56 assessed for abating nuisances on property located at 34 N.W. 3d Avenue. The Community Redevelopment Agency is prepared to pay the remaining lien of $3,555.29 Staff recommends approval. CONTRACT AWARD/WAIJ. WAY USA OF FLORIDA: Consider approval of a contract award to Wall Way USA of Florida in the amount of $17,500.00 for the construction of approximately 350 linear feet of eight (8) foot high screen walls along the north property line of the Temple Sinai site on West Atlantic Avenue due to a request from Temple Sinai to provide additional sound buffering. Funding is available from 334-6120-519-63.90 (General Construction Fund/Atlantic High School/Other Improvements). LEGAL ACTION/GOVERNMENT TE~;HNOLOGY RESOURCES (GTR): Consider authorizing staff to commence legal action against Government Technology Resources (GTR) for breach of contract for the development of a web-enabled software package for code enforcement, building permits, business licenses, and planning and zoning. REFERENDUM/REMOVING DEED RESTRICTIONS: Provide direction regarding the ballot wording and ordinances required to remove the deed restrictions on Block 52 and the North 48 feet of Lot 15, Block 101. DESIGNATION OF VOTING DELEGATE/FLORIDA LEAGUE OF CITIES ANNUAL CONFERENCE: Designate the voting delegate to the Florida League of Cities' 78~ Annual Conference to be held at the Westin Diplomat Resort in Hollywood, Florida on August 19-21, 2004. APPOINTMENTS TO THE EDUCATION BOARD: Appo'mt five (5) members to the Education Board for two (2) year terms ending July 31, 2006. Based on the rotation system, the appointments will be made by Mayor Perknan (Seat $$5), Commissioner Costin (Seat /gl), Commissioner Archer (Seat $$2), Commissioner Levinson (Seat $$$) and Commissioner McCarthy (Seat $$4). RATIFICATION OF APPOINTMENTS TO THE PARKING MANAGEMENT ADVISORY BOARD: Ratify the alternate member appo'mtments of Brenda Montague, Community Redevelopment Agency (CRA); Perry DonFrancisco, Downtown Development Authority (DDA); Joseph Pike, Planning and Zoning Board (P&Z); Rosalind Murray, West Atlantic Redevelopment Coalition (WARC); and David Cook, Chamber of Commerce on the Parking Management Advisory Board with term expirations to coincide with the regular board representative's term. 07-06-2004 10. PROPOSED CONCERT CONTRACT TERMS/ROOTS CULTURAL FESTIVAL: Provide direction on proposed contract terms with Roots Cultural Festival, Inc. for a concert to be held at the Delray Stadium on September 25, 2004. PENSION MULTIPLIER INCREASE FOR RETIRED POLICE OFFICERS AND FIREFIGHTERS IN THE DEFERRED RETIREMENT OPTION PLAN (DROP): Consider a request fi:om retirees in the Deferred Retirement Option Plan (DROP) to be allowed to purchase the increase in pension multiplier fi:om 3% to 3 1/2% which was approved for Police Officers and Firefighters earlier this year. PUBLIC HEARINGS: WAIVER REOUEST/MINIMUM LOT DIMENSION; Consider a request to waive Land Development Regulations (LDR) 4.3.4(K) to reduce the lot size, frontage, and width in association with a proposed subdivision, located on the south side of Dixie Boulevard and on the west side of N.E. 2nd Avenue. (QnaM-JudicialHeari~g) FINAL SUBDIVISION PLAT APPROVAL/DIXIE DEL-IDA PLAT: Request for approval of a final subdivision plat for a 0.79 acre, fee (unple, (ingle-family detached subdivision known as Dixie Del-Ida Plat (aka Historic Del-Ida Park Plat), located on the south side of Dixie Boulevard and on the west side ofN.E. 2nd Avenue. (QuaM-JudicialHeadng) ORDINANCES NO. 38-04 & 39-04 (FIRST READINGS/FIRST PUBLIC HEARINGS): Ordinances No. 38-04 and 39-04 were created for businesses that do not have a street front to allow the placement of a permanent portable or ground sign. ORDINANCE NO. 38-04 (FIRST READING/FIRST PUBLIC HEARING): An ordinance mending Ordinance No. 14-04, by enacting a new Subsection 4.6.70S)(3)(e), "Ground Signs" to allow the placement of certain Ground fflgns in certain locations. If passed, a second public hearing will be scheduled for July 20, 2004. ORDINANCE NO. 39-04 (FIRST READING/FIRST PUBLIC HEARING): An ordinance mending Ordinance No. 14-04, by enacting a new Subsection 4.6.70S)0)(e), "Other Portable Signs" to provide provisions regarding Other, Non-grand Opening Portable Signs. If passed, a second public heating will be scheduled for July 20, 2004. SALE OF PARCEL: Consider approval of a potential purchaser and contract to sell City owned property, a vacant 12,000 square foot parcel, located at 15549 S.W. 9~ Avenue and approve Contract for Sale and Purchase and Resolution No. 53-04. ORDINANCE NO. 37-04 (FIRST READING/FIRST PUBLIC HEARING~: An ordinance mending Ordinance No. 13-04, Section 4, "Duration of Moratorium/Extension of Moratorium" to extend the moratorium on Adult Arcade Establishments for ninety (90) days. If passed, a quasi-judicial public hearing will be scheduled for July 20, 2004. 07-06-2004 11. 12. 13. ORDINANCE NO. 36-04: An ordinance amending Chapter 56, "Stormwater" of the City Code of Ordinances, amending Sections 56.04, "De£mitions" and 56.16, "Establishment of Rates for Stormwater Management Assessments" to provide that individual parcel owners within a residential subdivision shall be responsible for a prorated portion of the assessments of all common areas within the subdix4sion. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS FROM THE PUBLIC- IMMEDIATELY FOI J.OWING PUBLIC HEARINGS. A. City Manager's response to prior public comments and inquiries. B. From the Public. FIRST READINGS: ORDINANCE NO. 32-04: Privately initiated small scale Future Land Use Map (FLUM) Amendment from CF-R (Community Facilities-Recreation) to CC (Commercial Core) and rezoning from CF (Community Facilities) to CBD (Central Business District) for a 2.42 acre parcel of land to be known as The Strand, bordered by S.E. 1st Street on the north, S.E. 2"d Street on the south, S.E. 3~d Avenue on the east, and the Florida East Coast (F.E.C.) Railway on the west. If passed, a quasi-judicial public heating will be scheduled for July 20, 2004. ORDINANCE NO. 34-04: An ordinance amending the Land Development Regulations Section 4.3.3(P), "Satellite Dish-Satellite Television Antenna", to provide updated regulations for Satellite Dishes and Antennas. If passed, a public hearing will be scheduled for July 20, 2004. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS. A. City Manager B. City Attorney C. C~ty Commission POSTED: JULY 2, 2004 07-06-2004 JUNE 22~ 2004 A Regular Meeting of the City Commission of the City of Delray Beach, Florida, was called to order by Mayor Jeff Perlman in the Commission Chambers at City Hall at 6:00 p.m., Tuesday, June 22, 2004. 1. Roll call showed: Present- Commissioner Patricia Archer Commissioner Bob Costin Commissioner Jon Levinson Commissioner Alberta McCarthy (arrived at 6:40 p.m.) Mayor Jeff Perlman Absent - None Also present were - David T. Harden, City Manager Robert A. Barcinski, Assistant City Manager Susan A. Ruby, City Attorney Terrill Pybum, Assistant City Attorney Brian Shutt, Assistant City Attorney Chevelle D. Nubin, Acting City Clerk The opening prayer was delivered by Commissioner Levinson. The Pledge of Allegiance to the flag of the United States of America was given. AGENDA APPROVAL. Mayor Perlman noted that there is additional information regarding Item 8.C., Vendor Agreement/Service Authorization No. I/Gary Moore. Mayor Perlman announced Item 12.A., Ordinance No. 31-04 will not be back for a public hearing on July 6, 2004. The ordinance is part of the Comprehensive Plan which will be back for a second reading when the Plan is adopted. Michael Weiner, Attorney representing the applicant, stated Item 9.D., Appeal of the Historic Preservation Board's Decision Associated with Ascot Office concerning the height issue has been resolved; however, the in-lieu parking will need to be addressed. Mr. Costin moved to approve the Agenda as amended, seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Mr. Costin - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Mayor Perlman - Yes. Said motion passed with a 4 to 0 vote. 5. APPROVAL OF MINUTES: Mrs. Archer moved to approve the Minutes of the Regular Meeting of June 8, 2004, seconded by Mr. Costin. Upon roll call the Commission voted as follows: Mrs. Archer - Yes; Mr. Levinson - Yes; Mayor Perlman - Yes; Mr. Costin - Yes. Said motion passed with a 4 to 0 vote. Mrs. Archer moved to approve the Minutes of the Special Meeting of June 15, 2004, seconded by Mr. Costin. Upon roll call the Commission voted as follows: Mr. Levinson - Yes; Mayor Perlman - Yes; Mr. Costin - Yes; Mrs. Archer - Yes. Said motion passed with a 4 to 0 vote. PROCLAMATIONS: None. PRESENTATIONS: 7oA. Request Expanding & Preserving Our Cultural Heritage (EPOCH) Grant l~lnd Vera R. Farrington, 170 N.W. 5th Avenue, Delray Beach, briefly explained when EPOCH was founded and noted many of its accomplishments. Ms. Farrington stated this request is before the Commission in an effort to describe some of the achievements of EPOCH and request funding support in maintaining EPOCH's tradition of professional excellence. Daisy Fulton, Executive Director of EPOCH, speaking on behalf of the EPOCH staff, children of the Kid's Cultural Club, and the thousands of visitors of the S.D. Spady Cultural Arts Museum, thanked the Commission for their continued support. Ms. Fulton gave a brief chronological history of EPOCH's accomplishments and the history of the S.D. Spady Museum. Clarence Vaughn, 1st Vice President of EPOCH, distributed photographs of property that the City purchased in 1996 and discussed EPOCH's partnership with the City. At this point, Ms. Fulton acknowledged the Board members of EPOCH and thanked the Commission for allowing EPOCH to address the Commission. Ms. Fulton asked when EPOCH can expect to hear about their funding request. The City Manager stated all the grant requests are considered at the same time during the budget process in August and staff will bring a recommendation to the City Commission. Ralph Johnson, speaking as an EPOCH Board member, urged the Commission to consider EPOCH's proposal. -2- 06/22/04 budge. The City Manager stated EPOCH is requesting to be a separate division in the It was the consensus of the Commission to allow EPOCH to be a separate division in the budget under Human Services (as like Old School Square and the Library) because they are currently in the Miscellaneous Grants division. CONSENT AGENDA: City Manager Recommends Approval. THIS ITEM HAS BEEN MOVED TO THE REGULAR AGENDA AS ITEM 9.A. 1. 8.B. SERVICE AUTHORIZATION NO. P-01/CURRIE SOWARDS AGUILA ARCHITECTS: Approve Service Authorization No. P-01 to Currie Sowards Agnila Architects in the amount of $30,750.00 for consultant design services for the new Lake Ida Park Project. Funding is available from 380-4150-572-63.26 (2004 G.O. Bond/Lake Ida Park). 8oCo VENDOR AGREEMENT/SERVICE AUTHORIZATION NO. 1/GARY MOORE: Approve a Vendor Agreement and Service Authorization No. 1 to Gary Moore in the amount of $68,000.00 for the design and installation of art improvements along West 5th Avenue st nd from S.W. 1 Street to N.W. 2 Street (Martin Luther King Boulevard). The Community Redevelopment Agency (CRA) has agreed to pay the cost of this service authorization. Funding is available from 334-3162-541-65.83 (General Construction Fund?N.W./S.W. 5th Avenue/S.W. 1st Street to N.W. 2nd Street). 8.D. SERVICE AUTHORIZATION NO. P-01/BOY SCOUT HUT PARK/KIMLEY-HORN AND ASSOCIATES, INC.: Approve Service Authorization No. P- 01 to Kimley-Hom and Associates, Inc. in the amount of $29,924.00 for survey and schematic site plan work to develop the Boy Scout Hut Park Project. Funding is available fi.om 380-4150- 572-63.25 (2004 G.O. Bond/Boy Scout Hut Park). 8.E. AGREEMENT/GULF STREAM COUNCIL~ INC.: Approve an agreement in the amount of $11,000.00 between the City and Gulf Stream Council, Inc. (BSA) to sponsor a Cub Scout Program at the Village Academy Elementary School. Funding is available from 118- 1974-554-49.90 (Other Current Charges/Neighborhood Association). 8°Fo THIRD AMENDMENT TO THE TRIPARTITE AND INTERLOCAL AGREEMENT/DELRAY BEACH LIBRARY: Approve the Third Amendment to the Tripartite and Interlocal Agreement between the City, the Community Redevelopment Agency, and the Delray Beach Public Library Association, Inc. modifying the date of construction, date of deposit, and requiring the library to meet the terms and requirements in the technical assistance advisement request and response. 8°Go REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Land Development Boards for the period June 7, 2004 through June 18, 2004. -3- 06/22/04 8.H. AWARD OF BIDS AND CONTRACTS: NONE. At this point, Mr. Costin moved to amend the Consent Agenda to make Item 8.A. Item 9.A.l., seconded by Mr. Levinson. Upon roll call the Commission voted as follows: Mayor Perlman - Yes; Mr. Costin - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes. Said motion passed with a 4 to 0 vote. REGULAR AGENDA: 9oAo MUNICIPAL GOLF COURSE MANAGEMENT AGREEMENT/BJCE~ INC.: Consider approval of a revised agreement between the City and BJCE, Inc. to provide for management services at the Municipal Golf Course and the Lakeview Golf Course for the period October 1, 2004 through September 30, 2009. Robert A. Barcinski, Assistant City Manager, stated this is a request for Commission to consider approval of a five year management agreement with BJCE, Inc. for the management of the Municipal and Lakeview golf courses. This is a five year agreement that would run from October 1, 2004 through September 30, 2009. Mr. Levinson stated he asked the City of West Palm Beach to send information to the City of Delray Beach regarding bids. He suggested that the City of Delray Beach go out to bid for the golf course and the tennis contract. The City Manager stated staff feels the golf courses in particular perform better than any other public courses and this is the reason staff supports the five year extension. Mrs. Archer stated she does not feel the City of Delray should go out to bid for the golf course; however, she supports RFP's for the tennis center. Mr. Costin stated he is satisfied with the performance of the golf course management. Mayor Perlman stated he too is very pleased with the golf course management as well. He stated when it comes to taxpayer's dollars it is the responsibility of the Commission and prudent business that the contract go out to bid. Mrs. Archer suggested setting a time certain to review the golf course management agreement separately and review only the tennis center management agreement at this time. Mr. Levinson stated these should be separate contracts but bid out at the same time. -4- 06/22/04 Mrs. Archer reiterated if staff is going to review the golf course and tennis center management agreements separately, she feels the agreements should not be reviewed at the same time. Mr. Costin concurs with comments expressed by Mr. Levinson. Mayor Perlman stated he feels the incumbent already has a huge advantage. Ms. McCarthy stated she concurs that both contracts should go out for an RFP for five years with the option for renewal. She stated she is very pleased with the management of the municipal golf courses and noted she is more concerned with the tennis center. After brief discussion, it was the consensus of the Commission to go out for an RFP for the municipal golf course and tennis center management agreements. Mr. Costin moved to approve the revised golf course management agreement, seconded by Mr. Levinson. Upon roll call the Commission voted as follows: Mayor Perlman - No; Mr. Costin - No; Mrs. Archer - No; Mr. Levinson - No; Ms. McCarthy - No. Said motion was DENIED with a 5 to 0 vote. 9.B. TENNIS CENTER MANAGEMENT AGREEMENT/DUBIN & ASSOCIATES: Consider approval of a revised agreement between the City and Dubin & Associates for management services at the Delray Beach Tennis Center for the period October 1, 2004 through September 30, 2009. Mr. Levinson moved to approve the revised tennis center management agreement between the City and Dubin & Associates for management services as proposed, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mr. Costin - No; Mrs. Archer - No; Mr. Levinson - No; Ms. McCarthy - No; Mayor Perlman - No. Said motion was DENIED with a 5 to 0 vote. Mr. Costin moved to direct staff to go out for a Request for Proposal (RFP) for the golf course management agreement and the tennis center management agreement, seconded by Mr. Levinson. Upon roll call the Commission voted as follows: Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes; Mr. Costin - Yes. Said motion passed with a 5 to 0 vote. 9.A. 1. SERVICE AUTHORIZATION NO. 99-07/ARCADIS/LNV~: Approve Service Authorization No. 99-07 to Arcadis/LNW in the amount of $74,100.00 for the design of converting S.E./N.E. 1st Streets between Swinton Avenue and East 6th Avenue from one-way to two-way streets. The Community Redevelopment Agency (CRA) has agreed to pay for the design of this project. Funding is available from 334-3162-541-65.88 (S.E./N.E. 1st Street/One Way Pairing). Richard Hasko, Director of Environmental Services, stated this is a proposal from Arcadis/LNW for a service authorization to provide consulting services for preliminary and final design of the conversion of the one-way pairs on 1st Street (north and south). The total of the -5- 06/22/04 proposal is $74,100.00 and funding will be provided by the Community Redevelopment Agency (C~). Mr. Costin asked if the sidewalks are going to extend the full length on N.E. 1st Street. In response, Mr. Hasko stated that this is the intent. Mr. Costin expressed concern over the possibility of someone getting injured and stated he wants to make sure there is going to be a continuous pathway along this road. Mrs. Archer stated for special events some people park along the railroad tracks and walk directly across the railroad tracks versus walking at the crossing. She stated as the city becomes more populated, she is concerned about the maintenance of some kind of barrier along the railroad tracks. Mr. Costin moved to approve the Service Authorization No. 99-07 with Arcadis/LNW for the design of converting S.E./N.E. 1st Street and S.E./N.E. 6th Avenue from one-way, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Peflman - Yes; Mr. Costin - Yes; Mrs. Archer - Yes. Said motion passed with a 5 to 0 vote. 9.Co REQUEST FOR IN-LIEU PARKING SPACES/THE ASCOT BUILDING: Consider a request from The Ascot Building for the purchase of five (5) in-lieu parking spaces in the amount of $30,000.00 and the construction of seven (7) on-street parking spaces in the adjacent right-of-way. The Ascot Building is located on the southwest corner ofN.E. 1st Avenue andN.E. 2na Street. (Quasi-JudicialHearing) Mayor Perlman read into the record the City of Delray Beach procedures for a Quasi-Judicial Hearing for this item and all subsequent Quasi-Judicial items. Chevelle Nubin, Acting City Clerk, swore in those individuals who wished to give testimony on this item. Mayor Perlman asked the Commission to disclose any ex parte communications. Mr. Levinson, Ms. McCarthy, Mayor Perlman, Mr. Costin, and Mrs. Archer disclosed that they all met with Mr. Weiner and his client. Paul Doffing, Director of Planning and Zoning, entered the Planning and Zoning project file #2004-107 into the record. Mr. Doffing stated this is a 2,400 square foot, two-story office building requiring eight (8) parking spaces. The proposed site plan included five (5) on-site parking spaces, three (3) in-lieu parking spaces and the construction of two (2) on-street parking spaces in the adjacent public right-of-way on N.E. 1st Street. The applicant is requesting to purchase five (5) in-lieu parking spaces and the cost in the Old School Square Historic Arts District (OSSHAD) is $6,000 per space for a total of $30,000.00. -6- 06/22/04 Staff is concerned with respect to the number of required parking spaces and the required findings. Mr. Dorling stated per LDR Section 4.6.9(E)(3) it states "if it is impossible or inappropriate to provide the required number of on-site or off-site parking spaces, the City Commission may approve the payment of a fee in-lieu of providing the required parking, pursuant to the following provisions." Furthermore, staff is also concerned with the Bankers Row parking lot, located across the street on the northwest comer, and was developed to assist in the redevelopment of the historic properties along Bankers Row (N.E. 1st Avenue). At its meeting of April 21, 2004, the Historic Preservation Board (HPB) recommended approval of the site plan with a 3-2 vote subject to the applicant getting approval of the in-lieu parking request. At its meeting of February 24, 2004, the Parking Management Advisory Board (PMAB) recommended denial of the applicant's request with a 7-2 vote (Carney and Sacharow dissenting). Ms. McCarthy asked if HPB and PMAB received the same information. Mr. Dorling stated both HPB and PMAB received the same information. Michael Weiner, Attorney with Weiner & Aronson, P.A. representing Management Systems Worldwide L.C. (applicant), presented a booklet of information to the Commission and briefly discussed the in-lieu parking ordinance and the definition of "inappropriate". Mr. Weiner stated the applicant is requesting in-lieu parking spaces because the location is a comer lot which makes it difficult to place additional parking spaces on the lot and presents problems associated with the placement of the building. Mr. Weiner stated there is no burden to the Banker's Row parking lot and noted he received letters of support from several residents. Mr. Weiner urged the Commission to support this request. Mayor Perlman stated if anyone from the public would like to speak in favor or in opposition of the request for in-lieu parking spaces, to come forward at this time. Jim Smith, 1225 S. Ocean Boulevard, Delray Beach, stated when it is a new development the parking should be provided by the development. There being no one else who wished to address the Commission regarding the request for in-lieu parking spaces, the public heating was closed. Mr. Costin asked how the credit amount is determined for the in-lieu parking. Mr. Dorling stated the LDR's allow a refund back to the builder of the spaces for the cost of the space. Ms. McCarthy inquired about the on-street parking spaces and asked what is there now. In response, Mr. Dorling stated a swale is currently located there. Mr. Dorling stated there is a concern that one of the spaces will be too close to the intersection and hinder the site visibility and noted if the Engineering Department is not comfortable with this, then the number of parking spaces would be reduced to six spaces. -7- 06/22/04 Mrs. Archer inquired why the PMAB denied the request. In response, Scott Aronson, Parking Management Specialist, stated the PMAB considered the percentage of spaces and the proportion of spaces that would be in-lieu compared to what is being provided. Also, Mr. Aronson stated the Planning and Zoning Staff Report of the previous approval for Management Systems was taken into consideration at that meeting as well and the applicant received approval for three (3) in-lieu spaces. Brief discussion by the Commission followed. Mr. Levinson asked if the PMAB considered the in-lieu on-street spaces being created. Mr. Aronson stated the PMAB did consider these spaces and expressed concern whether or not these would be time regulated. Mr. Levinson moved to approve the purchase of five (5) in-lieu parking spaces, seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Ms. McCarthy - Yes; Mayor Perlman - Yes; Mr. Costin - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes. Said motion passed with a 5 to 0 vote. At this point, the time being 7:17 p.m., the Commission moved to the duly advertised Public Heatings portion of the agenda. PUBLIC HEARINGS: 10.A. ORDINANCE NO. 14-04 (SECOND READING/SECOND PUBLIC HEARING): An ordinance amending the Land Development Regulations by rcpeaiing Sections 2.4.6(D), "Permits for Individual Signs" and (E), "Permits for Master Sign Program", and Section 4.6.7 "Signs" and enacting a new single Section 4.6.7 "Signs", and amending Appendix "A", to update the definitions, to provide a single cohesive ordinance regulating signs and sign permits. Pr/or to consideration of passage of this ordinance on Second and FINAL Reading, a public hearing has been scheduled to be held at this time. The caption of Ordinance No. 14-04 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH, AMENDING CHAPTER TWO, "ADMINISTRATIVE PROVISIONS", BY REPEALING SECTIONS 2.4.6(D) AND (E) IN THEIR ENTIRETY; AMENDING APPENDIX "A", BY AMENDING ALL DEFINITIONS RELATING TO SIGNS AND ENACTING SOME NEW DEFINITIONS RELATING TO SIGNS; AMENDING CHAPTER FOUR, "ZONING REGULATIONS", BY REPEALING SECTION 4.6.7, "SIGNS", IN ITS ENTIRETY AND ENACTING A NEW SECTION 4.6.7, "SIGNS", IN ORDER TO PROVIDE A SINGLE, COMBINED AND UPDATED SIGN CODE; -8- 06/22/04 PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 14-04 is on file in the City Clerk's office.) The City Attorney read the caption of the ordinance. A public heating was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. Mayor Perlman declared the public heating open. Diana Sullivan, owner of the South Ocean Beach Shop, 28 S. Ocean Boulevard, Delray Beach, FL 33483 (located on A-I-A), stated her sign is extremely important to her business and with the sign being located outside it alerts people that her store is open. In addition, Mrs. Sullivan stated she is the President of the Beachside Business Association and noted that her shop has been in Delray Beach for 24 years. Andrea Weiss, owner of Andis Scentique, 1206 E. Atlantic Avenue, Delray Beach, FL 33483, stated she opened the shop seven months ago (courtyard shops along East Atlantic Avenue near Ciao Sidewalk Caf6, Inc.). She stated an artist created an A-framed sign for her business which sits on the grass and noted that since the sign has been there it has turned her business around for the better. Safina Marillo, employed at Andis Scentique, stated she had the honor to speak at the June 8, 2004 City Commission meeting two weeks ago on behalf of Andrea Weiss and other shops located in the courtyard. Ms. Mafillo stated the signs add to the character and uniqueness of Delray Beach. Val Sanowski, employed at the courtyard shops, stated the signs are essential in order for the public to know their location and in order for the businesses in the courtyard area to succeed in Dekay Beach. There being no one else who wished to address the Commission regarding Ordinance No. 14-04, the public heating was closed. The City Manager stated an amendment is being drafted regarding signs for businesses that do not have frontage (i.e. courtyard shops) and it will be presented at the next meeting. After brief discussion, Mayor Perlman asked staff to work with Mrs. Sullivan and show her some options that would be permissible and beneficial to her business. Mrs. Archer moved to approve Ordinance No. 14~04 with an effective date of August 1, 2004, seconded by Mr. Costin. Upon roll call the Commission voted as follows: Ms. McCarthy - Yes; Mayor Perlman - Yes; Mr. Costin - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes. Said motion passed with a 5 to 0 vote. -9- 06/22/04 10.B. ORDINANCE NO. 29-04 (FIRST READING/TRANSMITTAL HEARING FOR COMPREHENSIVE PLAN AMENDMENT 2004-02): Consider on first reading an ordinance adopting Comprehensive Plan Amendment 2004-02 and associated Future Land Use Map (FLUM) amendments, and authorize transmittal to thc State Department of Community Affairs. Prior to consideration of passage of this ordinance on Second and FINAL Reading, a public hearing has been scheduled to be held at this time. The caption of Ordinance No. 29-04 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ADOPTING COMPREHENSIVE PLAN AMENDMENT 2004-2 PURSUANT TO THE PROVISIONS OF THE "LOCAL GOVERNMENT COMPREHENSIVE PLANNING AND LAND DEVELOPMENT REGULATION ACT", FLORIDA STATUTES SECTIONS 163.3161 THROUGH 163.3243, INCLUSIVE; ALL AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A" ENTITLED "COMPREHENSIVE PLAN AMENDMENT 2004-2" AND INCORPORATED HEREIN BY REFERENCE; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 29-04 is on file in the City Clerk's office.) Amendment 2004-02 includes: 1. Text Amendments: Future Land Use Element - Modification of the description of the Medium Density FLUM designation to include provisions for increased density to approximately 24 units/acre within the boundaries of a special overlay district within the Southwest Neighborhood Area, subject to Conditional Use approval. This overlay district, located between the commercial area along West Atlantic Avenue and S.W. 2nd Street, from Swinton Avenue to Interstate 95, is being created to accommodate higher density residential development pursuant to the Southwest Area Neighborhood Redevelopment Plan; Future Land Use Element - Modification of the descriptions of the Commercial FLUM designations related to the West Atlantic Overlay Area; Future Land Use Element - Modification of FLUM category descriptions to reflect consolidation and elimination of unnecessary FLUM designations; -10- 06/22/04 d. Transportation Element - Revise Map #17, Intermodal Facilities; e. Transportation Element - Revision to policies under Objective D-3 to address and update timetables and the completion of tasks; f. Housing Element - Update Residential Neighborhood Categorization Map to reflect existing land use and boundary changes; g. Public Facilities Element - Revisions to consider the regional water supply plan and include a 10-year Water Supply Facilities Work Plan addressing water supply facilities necessary to serve existing and new development; Conservation Element - Amendment dealing with public recreation and boat ramps in conservation areas to achieve internal Plan consistency with the Open Space and Recreation Element; Conservation Element - Revisions addressing projected water needs and sources considering the South Florida Water Management District's Lower East Coast Water Supply Plan; Open Space and Recreation Element - Add policy stating that all park planning will be compatible with the adopted City of Delray Beach Parks and Recreation System Master Plan; Intergovernmental Coordination Element - Add policy to ensure coordination of the Comprehensive Plan with the regional water supply plan; Capital Improvement Element - Modify Table CI-CIP (5-Year Capital Improvements Schedule for Projects>S25,000) to reflect implementation of the new $24 million Parks and Recreation Bond; m. Capital Improvement Element - Modification of Table SD-C1P. This table is the School District's Six Year Capital Improvement Schedule referenced in CIP Element Policy A-8.3; Public Schools Facilities Element - Updated Map Series for the School District. Replace Map PS 1.1; PS 2.1; PS 3.1: and PS 3.3. Eliminate Maps PS 3.2 and PS 3.4; o. Public Schools Facilities Element - Elimination of the appendices; Public Schools Facilities Element - Minor text changes throughout the element to amend references to the updated Map Series; updated Six Year Capital Improvement Schedule; and the deleted Appendices; -11 - 06/22/04 q. Public Schools Facilities Element - Amendments required to maintain consistency with the recently amended Interlocal Agreement · Add definition for "First FTE Student Count" to definitions section · Amend Policy A- 1.1 dealing with the level of service standard · Amend Policy A-3.1 dealing with intergovernmental coordination The City Attorney read the caption of the ordinance. Mayor Perlman declared the public hearing open as continued from June 8, 2004. Paul Dorling, Director of Planning and Zoning, stated the Comprehensive Plan is divided into three sections and this is how it will be discussed. Ron Hoggard, Senior Planner, stated in this Comprehensive Plan amendment there are 28 text amendments dealing with policies and updates to some of the maps in the Plan. Mr. Hoggard stated the first five amendments relate to the descriptions in the Future Land Use Map designations to include provisions for increased density to approximately 24 units/acre and with the boundaries of a special overlay district within the Southwest Neighborhood Area. The second relates to expanding the CBD (Central Business District) to include West Atlantic Avenue to implement recommendations of the Downtown Master Plan. He stated the next three amendments relate to consolidating and eliminating unnecessary FLUM (Future Land Use Map) designations. Mr. Hoggard stated RR (Rural Residential) is being eliminating since this no longer occurs in the City and the suffixes for Community Facility designations are being eliminated and do not affect the use. The next eight amendments are in the Transportation Element; one is to update the bus route map, two are deletions of completed tasks and five are to extend the date to accomplish task. Mr. Hoggard briefly explained the remaining text amendments. At its meeting of May 17, 2004, the Planning and Zoning Board held a public heating regarding the amendment and several residents made comments related to specific elements of the amendment. These related mainly to the proposed density increase for a portion of the Southwest Area Neighborhood and residents were confused as to how their properties were being affected. After discussion, the Planning and Zoning Board voted 3-1 (Sowards, Pike and Walker absent) to recommend denial of the FLUM amendment for the Cottages of Banyan Village project. The Board voted 4-0 (Sowards, Pike and Walker absent) to recommend approval of the remainder of Comprehensive Plan Amendment 04-2 on first reading and transmittal of the amendment to the Florida Department of Community Affairs. For the benefit of the public, Mr. Hoggard stated the State requires staff to submit a separate sign-in sheet for anyone who speaks on the text amendments. At this point, Mayor Perlman opened the public hearing for discussion relating to the text amendments. -12- 06/22/04 Carolyn Zimmerman, 212 S.W. 2nd Avenue, Delray Beach, stated she was not notified of the increased density. Joe Gray, 2032 Alta Meadows Lane, Delray Beach (JEG Consultants), stated the proposed increased density is not only consistent with the Southwest Plan but he also believes it is necessary for the implementation of several of the elements of the Plan in the area which call for multi-family housing. Mr. Gray stated the Plan emphasizes the development of affordable housing in the Southwest neighborhoods and the increased density is deemed necessary to achieve that goal. Mr. Gray stated there have been numerous public meetings regarding this topic both during the planning process including a meeting last week with a group of residents who missed the previous meetings. Patricia Flowers, 118 S.W. 4th Avenue, Delray Beach, expressed concern that she did not receive sufficient notice of the meetings regarding this issue and feels some of the residents do not understand what is being done in the area. Ms. Flowers stated although she concurs that beautification should be completed along Atlantic Avenue she feels the density should remain single-family at least within the first block (after 1st Street). Mr. Doffing stated notices were sent to property owners of both the Planning and Zoning Board consideration of May 17, 2004 and the June 1, 2004 consideration by City Commission. Mr. Doffing stated there was an additional letter that was mailed out indicating that the June 1, 2004 City Commission meeting had been changed to June 8, 2004 and special courtesy notices were also sent to neighborhood associations within this area. This information is usually sent out approximately ten days prior to the meeting. Brief discussion between staff and the Commission followed. 2. Future Land Use Map Amendments: Privately initiated Future Land Use Map (FLUM) Amendment from LD (Low Density Residential 0-5 du/ac) to MD (Medium Density Residential 5-12 du/ac) for The Cottages at Banyan Village, located at the southwest comer of Swinton Avenue and S.W. l0th Street. Mr. Doffing stated the second part of this is a site specific land use change which relates to this property. The proposal is a privately initiated petition to go to medium density known as the Banyan Cottages located at the southwest comer of Swinton Avenue and 10th Street. Mr. Dorling entered the Planning and Zoning Department project file #2004- 080 and #2004-081 into the record. Mr. Doffing stated staff feels the development proposal is not consistent with Future Land Use Element Objective A-1 and is inconsistent with Future Land Use Element Policy A-1.7. In addition, Mr. Dorling stated staff is also concerned with the consistency with Housing Element Policy A-12.3. Mr. Doffing stated Housing Element Policy B-2.6 has been -13- 06/22/04 identified by the applicant in their justification statement indicating that the development proposal provides the desired type of moderately priced housing near the downtown area. Mr. Doding stated staff feels tlfis proposal is ten blocks from the outer edge of the downtown and infill housing consistent with the prevailing single family land uses is more appropriate. Staff recommends denial. At this point, Mayor Perlman stated the public hearing will now continue regarding the Future Land Use Map amendments. Alice Finst, 707 Place Tavant, Delray Beach, stated what is being proposed by this privately initiated land use change is in her opinion "spot zoning". Mrs. Finst stated some of the properties across the railroad tracks are residential and this is a single-family enclave. Jason Mankoff, Attomey with Weiner & Aronson, P.A., speaking on behalf of the applicant, stated the Plan that was initially submitted has been changed. Mr. Mankoff stated he attended Mr. Gray's meeting on Thursday at Old School Square and believes the new proposal will meet the requirements and be a strong benefit to the area. Mr. Mankoff stated there will be some discussions regarding the developer's agreement to incorporate workforce housing. He requested to have the opporttmity to work with staff and asked that this item be transmitted to the Florida Department of Community Affairs (DCA). Joe Gray, JEG Consultants, stated he did not speak with the applicant but has had discussions with the residents. Mr. Gray stated as the project stands now, it is not consistent with the Southwest Plan and noted the area is primarily single-family and the Plan calls for a continuation of the designation in the area. There being no one else who wished to address the Commission regarding these amendments, the public hearing was closed. b. City initiated Future Land Use Map Amendment from GC (General Commercial) to CC (Commercial Core) for properties generally located on the north and south sides of West Atlantic Avenue, between NW/SW 1st Avenue (100 Block) and NW/SW 12th Avenue (1200 Block) within the West Atlantic Avenue Overlay District. Paul Dorling, Director of Planning and Zoning, stated this is an area specific amendment that relates to changing the land use designation of the commercial district north and south of Atlantic Avenue from GC (General Commercial) to CBD (Central Business District). Mr. Dorling explained this is another directive of the Downtown Master Plan that created three specific zones within the CBD (West Atlantic zone from 1-95 to Swinton Avenue), and a Downtown CBD core which ran from Swinton Avenue to the Intracoastal to the ocean. This change and the direction of the Plan were to modify the zoning to be consistent with the balance of downtown so that the downtown truly runs from 1-95 to the ocean. The changes do not reflect an increase in the intensity of the types of uses allowed in those districts but brings it in line with the Downtown Master Plan. - 14- 06/22/04 Mr. Dorling stated the original proposal that the Planning and Zoning Board heard on May 17, 2004 included a small piece in front of the tennis center which was to be changed from CF to CBD to be consistent with the Plan. Mr. Dorling stated this has not been included in this transmittal due to deed restrictions that are problematic. The required findings with respect to this land use amendment to Chapter 3 relating to the Future Land Use Map consistency compliance to LDR's and concurrency are met. The proposal is consistent with Comprehensive Plan policies particularly those ones that relate to all development being consistent with the Downtown Plan. At its meeting of May 17, 2004 the Planning and Zoning Board voted 3-1 (Sowards, Pike and Walker absent) to recommend denial of the FLUM amendment for the Cottages of Banyan Village project. The Board voted 4-0 (Sowards, Pike and Walker absent) to recommend approval of the remainder of Comprehensive Plan Amendment 04-2 on first reading and transmittal of the amendment to DCA. Staff recommends to omit the privately initiated FLUM amendment for the Cottages of Banyan Village and approve Ordinance No. 29-04 on first reading, adopting the remainder of the Comprehensive Plan Amendment 04-2, based on positive findings that it supports and furthers the Goals, Objectives and Policies of the Comprehensive Plan, and transmit the Amendment, containing the material in the staff report and attachments to DCA. At this point, Mayor Perlman declared the public hearing open for discussion relating to 2.b. There being no one from the public who wished to address the Commission, the public heating was closed. Commissioner McCarthy declared a Conflict of Interest with this item and stepped down from the dais. Prior to the vote, Mr. Costin expressed concern over the affordability provision of any consideration in the development and stated this is of prime importance to the Commission. Mr. Levinson moved to approve Ordinance No. 29-04, seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Mayor Perlman - Yes; Mr. Costin - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes. Said motion passed with a 4 to 0 vote. At this point, Commissioner McCarthy returned to the dais. 10.C. ORDINANCE NO. 26-04: An ordinance amending Chapter 132, "Offenses Against Public Peace and Safety", of the Code of Ordinances by amending Section 132.09, "Skateboarding and the like Prohibited", to provide certain areas in which skateboarding shall be prohibited. Prior to consideration of passage of this ordinance on Second and FINAL Reading, a public hearing has been scheduled to be held at this time. The caption of Ordinance No. 26-04 is as follows: -15- 06/22/04 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 132, "OFFENSES AGAINST PUBLIC PEACE AND SAFETY", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SECTION 132.09, "SKATEBOARDING AND THE LIKE PROHIBITED", TO PROVIDE CERTAIN AREAS IN WHICH SKATEBOARDING SHALL BE PROHIBITED; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 26-04 is on file in the City Clerk's office.) The City Attorney read the caption of the ordinance. A public heating was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. Brian Shutt, Assistant City Attorney, stated the ordinance is modified to provide that skateboards are prohibited on the railings and benches in Old School Square as well as Veteran's Park. Mr. Shutt stated also provided in the ordinance is in the event problems arise in the future to City owned properties, the City can post signage that will also provide the same protection. Therefore, Mr. Shutt stated staff would not have to continually appear before the Commission to request a modification to the ordinance. Mayor Perlman declared the public heating open. There being no one who wished to address the Commission regarding Ordinance No. 26-04, the public heating was closed. Mr. Costin moved to approve Ordinance No. 26-04 on Second and FINAL Reading, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mr. Costin - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes. Said motion passed with a 5 to 0 vote. ll.A. City Manager's response to prior public comments and inquiries. With regard to a prior concern expressed by Mr. Warner about the rolled back millage for the current budget year, the City Manager stated as was announced at the September budget heatings, the rolled back rate for the operating millage for the current year is 6.69 mills and the final adopted operating millage is 7.52. Secondly, with regard to a prior recommendation expressed by Mr. Smith that the Commission consider sidewalks on both sides of Gleason Street, the City Manager stated currently the City has been getting sidewalk deferral agreements with new developments along Gleason Street primarily on the west side. The City Manager stated this is in anticipation of providing a sidewalk on this side in the future and at this time there are no plans to install a sidewalk on the east side of Gleason Street. -16- 06/22/04 With regard to a prior concern expressed about the Post Office, the City Manager stated the readiness of the new carder annex will be checked July 15th. If the building proves r th . eady, the carrier operation will be moved August 7 . The C~ty Manager stated the last day of business at the downtown station on 2nd Avenue will be Friday, August 6th and Post Office box customers at the downtown station have been notified that all boxes will be closed July 31st. Those who want post office boxes will have the opportunity to rent boxes at the main office located on Military Trail. Approximately 200 box customers have made the switch and 300 boxes remain available and most Post Office box customers will change the street delivery. A postal contract station will open Monday, August 9, 2004 at 245 N.E. 2nd Avenue and the contract station will not offer a Post Office box delivery. Lastly, with regard to prior comments expressed by Mr. Gould about programs offered to teenagers by the City, the City Manager stated the Parks and Recreation Master Plan was determined through citizens through meetings with youth sports leagues representatives, senior focus groups, the youth council, Pompey focus group, homeowners' groups, the Haitian American Council, and four public hearings held at West Park Baptist Church, the public library, Pompey Park and the Community Center. The City Manager stated anyone who wanted input into the Master Plan had ample opportunity to do so. Programs that are offered at the Teen Center include dances, venturing programs, movies, teen rap sessions, basketball, karate, yoga, video games, ping-pong, Play Station II, billiards, five computer terminals, lounge areas with five televisions and a 10,000 square foot skate board park. Teen dances are offered twice a month at Pompey Park along with a summer basketball league, tennis courts, tennis camps, and a swimming pool. Also provided at Pompey Park are billiards, air hockey, foosball, bumper pool and two video game stations. In addition, the City Manager stated the City has contracted with the Village Foundation for the past two years to offer academic, recreational, and social development activities at Pompey Park specifically for teenagers. ll.B. From the Public. ll.B.1. Carolyn Zimmerman~ 212 S.W. 2nd Avenue, Delray Beach, FL 33444 (President of the President's Council and the Haitian American Community Council), discussed several issues and events which she helped to implement in Delray Beach. She stated some people misjudge her motives for this community and explained she is not after money or power. Secondly, Miss Zimmerman suggested raising the salaries of both the Mayor to approximately $20,000-$30,000 and the Commissioners to approximately $15,000-$20,000. ll.B.2. Jay Slavin, 2601 N.W. l0th Street, Delray Beach~ FL 33445 (Rainberry Bay), stated she concurs with comments expressed by Miss Zimmerman about raising the salaries of the Mayor and the Commissioners. Ms. Slavin commented about an article in the newspaper regarding the salaries of Mayors and Commissioners and stated Delray Beach is the lowest on the scale in Palm Beach County. Ms. Slavin stated she spoke to many people in the community who support a Resolution to change the salaries of both the Mayor and the Commissioners and urged staff to proceed with this as soon as possible. -17- 06/22/04 ll.B.3. Alice Finst~ 707 Place Tavant, Delra¥ Beach, FL 33445, representing the Board of Director's of Progressive Residents of Delra¥ (PROD), stated PROD feels the salaries for the Mayor and the Commissioners should be commensurate with the salaries of other Mayors and City Commissioners throughout Palm Beach County. ll.B.4. Jim Smith~ 1225 S. Ocean Boulevard, Deiray Beach, FL 33483, thanked Carolyn Zimmerman for her lifetime ofvolunteerism in Delray Beach and for the leadership she showed in bringing some people from Carver Square into the Commission meeting approximately a year ago. Mr. Smith suggested that the Commission pass a resolution this evening for the residents of Carver Square acknowledging that the City has a high moral responsibility to assist in finding a fair, full, and equitable solution for the people. 9.9, APPEAL OF THE HISTORIC PRESERVATION BOARD'S DECISION ASSOCIATED WITH ASCOT OFFICE: Consider a request to appeal the Historic Preservation Board's action associated with a Class V site plan for the Ascot Office, located at the southwest coruer ofN.E. 1st Avenue and N.E. 2"d Street. (Quasi-JudicialHearing) Per the applicant's request, this item has been withdrawn. 9.E~ REQUEST FOR IN-LIEU PARKING SPACES/HANDELSMAN YELLOW BUILDING: Consider a request from Handelsman Yellow Building a/kYa the Blank House for the purchase of six (6) in-lieu parking spaces in the amount of $72,000.00. The Blank House is located at 85 S.E. 6th Avenue. (Quasi-Judicial Hearing) Chevelle D. Nubin, Acting City Clerk, swore in those individuals who wished to give testimony on this item. Mayor Perlman asked the Commission to disclose any ex parte contacts they may have. Mr. Levinson, Ms. McCarthy, Mayor Perlman, and Mrs. Archer stated they had no ex parte communications to disclose. Mr. Costin disclosed that he spoke to Digby Bridges. Paul Dorling, Director of Planning and Zoning, entered the Planning and Zoning project file #2004-076 into the record. Mr. Doffing stated the site contains a 2,137 square foot restaurant with storage on the upper floor, an office building and an apartment building. The site plan approval of 1995 included a nine (9) space pea rock parking lot to be constructed on the southwest comer of the property. The applicant is requesting approval to replace the parking lot with a tea garden, provide three (3) parking spaces adjacent to the alley and purchase the remaining six (6) spaces pursuant to LDR Section 4.6.9(E)(3)(b)(2) at a cost of $12,000 per space for a total of $72,000. At its meeting of January 20, 2004, the Parking Management Advisory Board (PMAB) recommended a compromise of providing one (1) row of parking on the east side of the approved parking lot and converting the remaining west portion of the lot adjacent to S.E. 6th Avenue (Northbound Federal Highway) to a tea garden. The applicant chose to proceed with the original site plan modification to eliminate the entire parking lot and replace it with a tea garden. -18- 06/22/04 Staff recommends denial of the applicant's request based on the following: (1) The applicant's failure to meet required findings pursuant to LDR Section 4.6.9(E) that it is impossible or inappropriate to provide the parking on site, (2) The potential problems for the residents of the property competing for parking with the general public and, (3) A reasonable compromise was offered which would drastically reduce the number of in-lieu parking spaces requested while providing the enhanced aesthetic value to this prominent intersection in accordance with the Downtown Master Plan. At its meeting of December 17, 2003, the Downtown Development Authority (DDA) approved the applicant's request based on a consensus that the aesthetic value of the tea garden at such a prominent intersection would be better than parking. At its meeting of January 7, 2004, the Historic Preservation Board (HPB) tabled this request suggesting that the applicant demolish the existing office building at the northeast comer and provide parking adjacent to the alley. At its meeting of February 4, 2004, the Historic Preservation Board (HPB) approved the applicant's request with a 4-2 vote (Miller and Sexton dissenting). At its meeting of March 23, 2004, the Parking Management Advisory Board (PMAB) recommended approval of the applicant's request in a 6-4 vote (Ramos, Poli, Sacharow and Lierle dissenting). Staff recommends denial of the request from Handelsman Yellow Building for the purchase of six (6) in-lieu parking spaces by adopting the findings of fact and law contained in the staff report based upon a failure to meet required findings pursuant to LDR Section 4.6.9(E)(3). At this point, the Commission moved to Item 9.F. to allow Mr. Bridges to prepare for his PowerPoint presentation. CONTRACT AWARD/CENTEX ROONEY CONSTRUCTION COMPANY~ INC.: Consider approval of a contract award to Centex Rooney Construction Company, Inc. in the amount of $100,693.00 for the construction of 1,010 linear feet of eight (8) foot high screen walls along two (2) property lines of the Atlantic High School site in compliance with City obligations under agreements with Temple Sinai and the Coral Trace Homeowners Association. Funding is available from 334-6120-519-63.90 (General Construction Fund/Atlantic High School/Other Improvements). The City Manager stated Temple Sinai has asked for a wall on the piece of land that the City bought from them which will be separate from this contract and will be forthcoming at a later date. Mr. Levinson moved to approve the Contract Award to Centex Rooney Construction Company, Inc. in the amount of $100,693.00, seconded by Mr. Costin. Upon roll call the Commission voted as follows: Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes; Mr. Costin - Yes. Said motion passed with a 5 to 0 vote. 9.G. CONTRACT AWARDSfMEDICAL/DRUG SUPPLIES: Consider approval of contract awards, via joint bid with the City of Boynton Beach, in the estimated armual amount of $120,000.00 to Quad Med, Inc.; Ever Ready First Aid; Sun Belt Medical; Bound Tree Medical; and second lowest bidder, Tri-Anim Health Services for medical/drug supplies for the Delray Beach Fire-Rescue Department. Funding is available from 001-2315-526-52.20 (General Operating Supplies). -19- 06/22/04 Mr. Costin moved approve the contract awards for medical drug supplies for the Delray Beach Fire-Rescue Department, seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes; Mr. Costin - Yes; Mrs. Archer - Yes. Said motion passed with a 5 to 0 vote. 9oHo OFFER OF JUDGMENT/PROPOSAL FOR SETTLEMENT IN LAURI RICHMAN v. CITY OF DELRAY BEACH, GARY MILLER~ FOGHT ENTERPRISES AND GLM REMODELING: Consider approval of an Offer of Judgment/Proposal for Settlement in the amount of $15,000.00 in Lauri Richman v. City of Delray Beach, et al. The City Attorney stated this is a proposal for settlement which concerns an alleged wrist and knee injury. The City Attorney recommends a settlement offer in the amount of $15,000.00 and if the Plaintiff does not accept the City's offer, then the City may be able to recoup its costs at trial if the Plaintiff's recovery at trial is in an amount at least 25% less than this offer. Mrs. Archer moved to approve the Offer of Judgment/Proposal for Settlement in the amount of $15,000.00 in Laud Richman v. City of Delray Beach, et al, seconded by Mr. Levinson. Upon roll call the Commission voted as follows: Ms. McCarthy - Yes; Mayor Perlman - Yes; Mr. Costin - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes. Said motion passed with a 5 to 0 vote. 9.I~ DESIGNATION OF VOTING DELEGATEfFLORIDA LEAGUE OF CITIES ANNUAL CONFERENCE: Designate the voting delegate to the Florida League of Cities' 78th Annual Conference to be held at the Westin Diplomat Resort in Hollywood, Florida on August 19-21, 2004. Mr. Levinson inquired about the City's travel policy. Mrs. Archer stated she has been designated as the voting delegate for two consecutive years. It was the consensus of the Commission to delay designating a voting delegate to the Florida League of Cities 78th Annual Conference until the City Commission meeting of July 6, 2004. At this point, the Commission returned to Item 9.E., Request for In-Lieu Parking Spaces/Handelsman Yellow Building of the Regular Agenda. Digby Bridges, Architect for the applicant, briefly explained the project f/k/a the Blank House and stated the building is grandfathered in. Burton Handelsman, applicant, stated he concurs with Mr. Weiner's previous comments that it is inappropriate to put a parking lot on that particular site. Mr. Handelsman stated this building was a restaurant facility and an eyesore before he took it over and feels this would be a great asset to Delray. -20- 06/22/04 Mr. Bridges stated this would be a great asset to Delray and ideal for the Tea House, Mayor Perlman stated if anyone from the public would like to speak in favor or in opposition of this request for in-lieu parking spaces, to come forward at this time. There being no one from the public who wished to address the Commission regarding the request, the public hearing was closed. Mr. Dorling commented about the grandfathered relief status. Mr. Handelsman stated he feels very fortunate to find someone to operate the building as a Tea House. Discussion between the applicant and the Commission followed. Mrs. Archer stated the addition of a Rose Garden would be wonderful; however, she feels there are requirements for parking. She is very disappointed that when the requested Rose Garden was denied, there was no thought to try and look at another layout that might be more conducive. Mrs. Archer stated there are some alternatives that would require a far less in- lieu parking fee and suggested that the applicant review other alternatives to provide a more workable situation. Mr. Costin inquired if people will be served tea in the Rose Garden. Mr. Handelsman stated the Rose Garden is for plants only and noted there is no room for tables and chairs. Mr. Costin asked why there were not further considerations of entertaining parking spaces on the property. Mr. Handelsman stated this is exchanging grass for blacktop and is inappropriate for the site. Mr. Levinson stated he cannot support this in its current form because he feels there was an appropriate compromise offered by staff. Mrs. Archer stated in its current form she cannot support it either; however, she is willing to review other alternatives regarding the parking. After brief discussion, it was the consensus of the Commission to table this item and look at alternative scenarios. Mr. Costin moved to approve to table the item to the meeting of August 3, 2004, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mayor Perlman - Yes; Mr. Costin - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes. Said motion passed with a 5 to 0 vote. 9.J. AGREEMENT/BLUEFISH CONCIERGE: Consider approval of an Offer of Settlement in the amount of $5,000.00 regarding a contract between the City and Bluefish Concierge. Mr. Levinson stated he would like to ensure in the future that the authority for subcontractors and/or agents is made clearer regarding contracts. -21 - 06/22/04 Mr. Costin moved to approve the agreement with Bluefish Concierge, seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Mr. Costin - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes. Said motion passed with a 5 to 0 vote. APPOINTMENT TO THE DOWNTOWN DEVELOPMENT AUTHORITY: Appoint one (1) member to the Downtown Development Authority for a three (3) year term ending July 1, 2007. Based on the rotation system, the appointment will he made by Commissioner Levinson (Seat #3). Mr. Levinson moved to appoint Herman Stevens as a member to the Downtown Development Authority for a three (3) year term ending July 1, 2007, seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes; Mr. Costin - Yes. Said motion passed with a 5 to 0 vote. At this point, the Commission moved to Item 12, First Readings. FIRST READINGS: 12.A. ORDINANCE NO. 31-04: An ordinance rezoning from GC (General Commercial) to CBD (Central Business District) for 41.53 acres of land for properties generally located on the north and south sides of West Atlantic Avenue, between NW/SW 1st Avenue (100 Block) and NW/SW 12th Avenue (1200 Block) within the West Atlantic Avenue Overlay District. The caption of Ordinance No. 31-04 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED GC (GENERAL COMMERCIAL) DISTRICT TO CBD (CENTRAL BUSINESS DISTRICT); SAID LAND BEING PARCELS OF LAND LOCATED ON THE NORTH AND SOUTH SIDES OF WEST ATLANTIC AVENUE, BETWEEN NW/SW 1sT AVENUE AND NW/SW 12TM AVENUE, AS MORE PARTICULARLY DESCRIBED HEREIN; AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, APRIL 2003"; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 31-04 is on file in the City Clerk's office.) The City Attorney read the caption of the ordinance. - 22 - 06/22/04 Paul Dorling, Director of Planning and Zoning, stated this ordinance is the related rezoning accompanying the GC (General Commercial) Core that was part of the Comprehensive Plan. Mr. Costin moved to approve Ordinance No. 31-04 on FIRST Reading, seconded by Mr. Levinson. Upon roll call the Commission voted as follows: Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes; Mr. Costin - Yes; Mrs. Archer - Yes. Said motion passed with a 5 to 0 vote. 12.B. ORDINANCE NO. 36-04: An ordinance amending Chapter 56, "Stormwater" of the City Code of Ordinances, amending Sections 56.04, "Definitions" and 56.16, "Establishment of Rates for Stormwater Management Assessments" to provide that individual parcel owners within a residential subdivision shall be responsible for a prorated portion of the assessments of all common areas within the subdivision. If passed, a public hearing will be scheduled for July 6, 2004. The caption of Ordinance No. 36-04 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING TITLE 5, "PUBLIC WORKS", CHAPTER 56, "STORMWATER", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, BY AMENDING SECTION 56.04, "DEFINITIONS", TO PROVIDE A DEFINITION OF "COMMON ELEMENT"; AMENDING SECTION 56.16, "ESTABLISHMENT OF RATES FOR STORMWATER MANAGEMENT ASSESSMENTS", TO PROVIDE THAT STORMWATER ASSESSMENTS FOR SINGLE-FAMILY RESIDENTIAL UNITS SHALL BE AMENDED TO INCLUDE A PRORATED PORTION OF THE COMMON ELEMENTS WITHIN A PLATTED SUBDIVISION THAT ARE FOR THE EXCLUSIVE BENEFIT OF THE SINGLE- FAMILY RESIDENTIAL LOT OWNERS THEREIN; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 36-04 is on file in the City Clerk's office.) The City Attorney read the caption of the ordinance. Ms. McCarthy moved to approve Ordinance No. 36-04 on FIRST Reading, seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Ms. McCarthy - Yes; Mayor Perlman - Yes; Mr. Costin - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes. Said motion passed with a 5 to 0 vote. - 23 - 06/22/04 13~ Comments and Inquiries on Non-Agenda Items. 13.A. City Manager The City Manager had no comments or inquiries on non-agenda items. 13.B. CiW, Attorney The City Attorney stated the County Commission had a meeting today regarding annexation and they will go ahead with a Charter amendment in a modified ordinance form. With regard to the affect this will have on coastal cities, the City Attorney stated she is not sure how the final ordinance will develop. 13.C. Cit~ Commission. 13.C.1. Commissioner Archer Mrs. Archer commented about comments expressed by Carolyn Zimmerman and Jim Smith. 13.C.2. Commissioner Costin Mr. Costin had no comments or inquires on non-agenda items. 13.C.3. Commissioner McCarthv Ms. McCarthy had no comments or inquiries on non-agenda items. 13.C.4. Commissioner Levinson Mr. Levinson congratulated Chevelle Nubin, Acting City Clerk, on her first official meeting. Secondly, Mr. Levinson commented about the five year capital plan for the Palm Beach County School District and stated the proposed middle school (O2LL) on the old Atlantic High School site has been continued in the plan as a $34 million middle school and will be formally adopted as time goes on. Mr. Levinson stated he received a telephone call from Tammy Ferguson today asking him to support their grant for the Micro Society Comprehensive School Reform dollars and hopes the City will support it. Lastly, Mr. Levinson stated he has been receiving complaints of some staff members who are not responding to requests in a timely manner and suggested that a policy be implemented to address this concern. - 24 - 06/22/04 The City Manager stated the City currently has a policy that telephone calls should be retumed within 24 hours and letters should be followed up on within five working days. Mr. Levinson stated as part of the upgrade to the website staff was working on instituting a tracking system for complaints that can be logged on the City's web. The City Manager stated this is in place and these complaints are tracked. Mr. Levinson stated one of the City's goals is to provide top quality service. 13.C.5. Mayor Perlman Mayor Perlman stated there have been some complaints about the exit ramp at 1- 95 and Linton Boulevard and 1-95 and Atlantic Avenue. He stated when you exit 1-95 to go east on Atlantic Avenue, you are not supposed to make a right turn but the traffic light stays red for a long time to the point where one would think it is broken. Therefore, people start making a right-hand turn when the traffic light is red and this creates a dangerous situation. Mayor Perlman asked if the County would need to be contacted regarding the timing of the traffic lights. The City Manager stated at this point he believes staff would need to contact the contractor hut he will find out for certain. Secondly, Mayor Perlman stated Emie Simon is going to be honored by the Florida Bar for fifty years of service. Mayor Perlman feels this is a significant achievement and suggested that a proclamation be presented to him in July. He stated the Florida city awards are this weekend in Orlando. He feels it is nice to see a big contingent going from Delray Beach and commented he also invited some former mayors to attend. With regard to Bexley Park and the petition on the use of 133~a Road, Mayor Perlman stated he would really like a member of staff to attend the meeting with him. He stated since Jeff Costello, Assistant Planning Director, will be out of town, another staff member should accompany him to help answer some of the technical construction questions. Mayor Perlman stated he sent the questions to Delores Rangel, Administrative Assistant who forwarded them to the Planning and Zoning Department. Mayor Perlman commented about an article in today's newspaper made by Palm Beach County School Board member Paulette Burdick regarding the Sales Tax Referendum. He stated she particularly picked on some of the projects in Delray. Mayor Perlman stated he would like to invite Ms. Burdick on a personal guided tour through the City of Delray to show her Delray's commitment to education. Ms. McCarthy stated when Delray Beach was suffering with all the schools that were in place no one had any issues for all those years and neighboring cities were getting new schools and building out west. Ms. McCarthy stated that now we are getting things that we should have been entitled to a long time ago and it is just now happening. Ms. McCarthy stated the City of Delray Beach has waited a long time to be able to get schools that they could feel - 25 - 06/22/04 good about the young people attending. She stated it seems to be thrown out of perspective and noted Delray Beach went without new schools for a very long time. She feels that since Delray has two schools underway with another one on its way, this is not a lot of schools in comparison to how long it has taken. Mrs. Archer stated it is very pertinent that we do something that is on the record that can be sent to various areas and individuals to apprise them of what the City is doing in a more descriptive manner. Mayor Perlman stated there were a lot of very good goals as a result of the Goal Setting Sessions. He stated there are numerous upcoming projects and the City is currently working with Congressman Hastings regarding Carver Square. In addition, he stated there are numerous projects going on from A-1-A projects to looking at public relations which need to be prioritized. He suggested that the Commission reconvene again and discuss some implementation strategies for the City's goals. Mr. Levinson stated he would like to see the Commission include the Chairman of both the Downtown Development Authority (DDA) and the Community Redevelopment Agency (CRA) because a lot of the things the City is doing is in partnership with them. Ms. McCarthy suggested that the City Department Heads be in attendance at these meetings to discuss how some of these projects are going to move forward. The City Manager suggested that he might hire an Assistant City Manager to assist in prioritizing the projects. There being no further business, Mayor Perlman declared the meeting adjourned at 9:55 p.m. Acting City Clerk ATTEST: MAYOR The undersigned is the City Clerk of the City of Delray Beach, Florida, and the information provided herein is the Minutes of the Regular City Commission Meeting held on June 22, 2004, which Minutes were formally approved and adopted by the City Commission on - 26 - 06/22/04 Acting City Clerk NOTE TO READER: If the Minutes you have received are not completed as indicated above, this means they are not the official Minutes of the City Commission. They will become the official Minutes only after review and approval which may involve some amendments, additions or deletions as set forth above. -27- 0&22~4 FORM 8B MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS WHO MUST FILE FORM 8B This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council, commission, authonty, or committee. It applies equally to members of advisory and non-advisory bodies who are presented with a voting conflict of interest under Section 112.3143, Florida Statutes. Your responsibilities under the law when faced with voting on a measure in which you have a contiict of interest will vary greatly depending on whether you hold an elective ..... or appointive position. For this reason, please p~y close attention to the instructions on this form before completing the reverse side and tiling the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES A person heidlng elective or appointive county, mun~pel, or other local public office MUST ABSTAIN from voting on a measure which inures to his or her special private gain or loss. Each elected or appointed local officer also is prohibited from knowingly voting on a mea- sure which inures to the special gain or loss of a principal (other than a government agency) by whom he or she is retained (including the parent oeganlz, ation or subsidiary of a coqx]rete principal by which he or she is retained); to the special private gain or loss of a relative; or to the special private gain or lose of a business associate. Commissioners of community redevelopment agencies under Sec. 163.356 or 163.357, F.S., and officers of independent special tax districts elected on a one-acre, one-voto basis are not prohibited from voting in that For purposes of this law, a 'relative' Inctudss only the officer's father, mather, con, daughter, husband, wife, brother, sister, father-in-law, mother4n-law, con-in-law, and daughtor-in-law. A 'business associate" means any person or entity engaged in or carrying on a business enterprise with the o~er as a partner, joint venturer, coowner of property, or corporete shareholder (where the shares of the corporation are not listed on any natlomll or regional stock exchange). ELECTED OFFICERS: In addition to abstaining from voting in the situations described above, you must disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating fo the assembly the nature of your interest in the measure on which you are abstaining from voting; end WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and tiling this form with the pamor~, ras~le for~,recording the min- utasofthemeeting, who should lncoq)orate the fonn in the minutos. ? ~ ~ /' :~, APPOINTED OFFICERS: Although you must abstain from voting In the situations doschbed above, you o~henvlse may participate in these matters. However, you must dis(dose the nature of the contiict before making any attempt fo influance the decision, whether orally or in witting and whether made IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: · You must comldete end file this form (before making any attempt to influence the decision) with the person responsible for reco~ the minutes of the meeting, who will incorporate the fomt in the minutes. (Continued on other side) CEFORMSB-EFF. 1/20~0 ~ ~). ~ PAGE1 APPOINTED OFFICERS (continued) · A copy of the form must be provided immediately to the other membem of the agenoy. The form must be read publicly at the next meeting alter the form is tiled. IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: · You must dieck~e oreily the nature of your conflict in the measure before participating. · You must complete the form and tile it within 15 days alter the vote occum with the person responsible for recording the minutes of the meeting, who must incorporate the form in the minutos. A copy of the form must be provided immediately to the other members of the agency, and the form must be read publicly at the next meeting alter the form is tiled. ' DISCLOSURE OF LOCAL OFFICER'S INTEREST (a) A measure came or will come before my agency which (check one) inured to my special pdvata gain or loss; inured to the special gain or loss of my business associate, __ inured to the special gain or loss of my relative, __ inured to the special gain or loss of ~ ' ~ '" ' ' "· whom I am retained; or ~ inured to the spectal gain or loss of Current Trends International Realty is t~e parent organization or subsldimy of a principal whic~ has retained me. (b) The measure before my agency and the nature of my cor~flicting interest in the measure is as follows: , which Date Filed NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317, A FAILURE TO MAKE ANY REQUIRED DISCLosuRE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $10,000. CE FORM 8B- EFF. t/2000 PAGE 2 WHEREAS, Lula Butler, was hired by the City of Dekay Beach on January 6, 1986 and serves as the Community Improvement Director; and WHEREAS, Lula won the 2004 Florida League of Cities "Florida Cities of Excellence" City Employee of the Year Award; and WHEREAS, Lula's work philosophy is "we do it different in Delray". She displays a strong dedication and comment to excellence and works hard to sustain quality in her work, which helps to promote quality awareness throughout the City of Delray Beach; and WHEREAS~ Luia has a trend-setting management style, the ability to motivate employees, employs creativity in getting projects done, moving events forward, and implementing positive change; and WHEREAS, Lula has an excellent understanding of the City's vision, goals, and policies which empowers her to make good decisions for the betterment of the City. Lula is an excellent role modal; and WI-IEREAS. Lula was a lead person on the city team that won the prestigious All America City Award in 1993 and 2001; and WHEREAS, Lula is a dynamic individual who exemplifies the ideal of community service and has been instrumental in the orgamZation of Neighborhood Homeowners Associations throughout the city, initiated Paint-Up Delray and Community Potluck Dinners, developed the Residents Academy, and created the Citizen's Toolkit; and WHEREAS, Luia created the Delray Beach Youth Council, giving teens a voice and a vote on issues that affect them; and WHEREAS, Lula serves on many boards and committees induclmg Old School Square Cultural Center, Village Foundation, Community Child Care Center, Bethesda Hospital Foundation, die I have a Dream Foundation, and is actively involved in her church; and WHEREAS, Lula's awards and recognitions include "X,Vomen Who Make a Difference, Breaking Through the Glass Ceiling" (1996), the "Brace McDonald Outstanding Service to the Community and Children" (1999), "XX/omen of Grace" (2000), Delray Beach Magazine "Women on the Move" Community Profile (2001), Chamber of Commerce "Ken Ellingsworth Community Service Award" (2003), and the new award celebrating Black History, Lula was named as one of the community's African-American Trail Blazers (2004). NOW, THEREFORE, I, JEFF PERLMAN, Mayor of the City of Deiray Beach, Florida, on behalf of the City Commission, do hereby join in commending and honoring LULABUTLER in recognition of vcinning the 2004 Florida League of Cities "Florida Cities of Excellence" City Employee of the Year Award and her many accomplishments and years of dedicated service to the City of Delray Beach. IN WITNESS WHEREOF, I have hereunto set my hand and caused the official seal of the City of Delray Beach, Florida, to be affixed this 6~ day of July, 2004. JEFF PERLMAN MAYOR MEMORANDUM TO: FROM: SUBJECT: MAYOR AND CITY COMMISSIONERS CITY MANAGER ~ AGENDA ITEM # ~)~x - REGULAR MEETING OF JULY 6. 2004 FINAL PLAT APPROVAL/NIETO PARK PLAT DATE: JULY 2, 2004 This is before the City Commission to approve the final subdivision plat for Nieto Park. The property is a minor two (2) lot subdivision located on the north side of the 300 Block of S.W. 3ra Street. All technical and staff comments have been addressed and the plat is ready for approval. Recommend approval of the final subdivision plat for Nieto Park. &\City Clerk\agenda memo~\ l~mal Plat. Nieto Park07.06.04 City Of Delray Beach Department of Environmental Services M E M 0 R A N D U M TO: FROM: DATE: SUBJECT: David T. Harden Randal L., Krejcarek, P.E. 01 July 2004 Nieto Park Plat Please find attached an agenda request for Commission approval of the subdivision plat for Nieto Park Plat. I have also enclosed a location map and a reduced copy of the plat. The project consists of a two lot residential subdivision on the north side of the 300 Block of SW 3rd Street. Because this plat is being processed as a minor subdivision, there are no other approvals required. If this meets with your approval, please place it on the 08 July 2004 Commission meeting for approval. Encl. TAC: Nieto Park Plat S:\EngAdmin\TAC\Nieto Park aka Dago Park~2004 jul 08 agenda memo.doc ATLANTIC POLICE COMPLEX AVENUE SOUTH COUNTY COURT HOUSE ST. 2ND $.W. 1ST ST. ST. 3RD PARK 4TH DRUG ABUSE FOUNDA~ON OF PALM BEACH COUNTY CITY OF DELRAY BEACH PUBLIC WORKS COMPLEX CITY OF ID£LRAY BEACH, FL PLANNING &. ZONING DEPARTMENT NIETO PARK PLAT (F.K.A. DAGO PARK) Date: 01 Jul 2004 AGENDA ITEM NUMBER:~ AGENDA REQUEST Request to be placed on: X Consent Agenda Regular Agenda Workshop Agenda When: 08 July 2004 Description of Agenda Item (who, what, where, how much): Request for Commission approval of thc subdivision plat for Nicto Park Plat. Theproject consists of a two lot residential subdivision on thc north side of thc 300 Block of SW 3r°strcct. Because this plat is being processed as a minor subdivision, there arc no other approvals required. Staff Recommendation: Aooro~'l'~ .~_ Department Head Signature: ( ~~7~ ~ 7-[-O5t City Attorney Review/Recommendation (it' applicable): Budget Director Review (required on all items involving expenditure of funds): Funding Available: Yes / No Initials: NA Account Number Description Special Agenda Account Balance: Funding Alternatives: City Manager Review: Approved for Agenda: Hold Until: (if applicable) No Initials: Agenda Coordinator Review: Received: S:\EngAdmin\TAC\Nieto Park aka Dago Park\2004 jul 08 agenda.doc MEMORANDUM TO: FROM: SUBJECT: MAYOR AND CI~TMISSIONERS CITY MANAGER{J/v I AGENDA ITEM # ~ ~2) - REGULAR MEETING OF JULY 6. 2004 SERVICE AUTHORIZATION #10.1/CH2M HI!.!~- INC. DATE: JULY 2, 2004 This is before the City Commission to approve Service Authorization #10.1 to CH2M Hill, Inc. in the amount of $17,532.00 for additional services in conjunction with the N.W./S.W. 5th Avenue Beautification Project. The City and the Community Redevelopment Agency (CRA) requested additional services to include attendance at multiple project coordination meetings, in-design plan modifications resulting from supplemental project scope items, and provision of visual aid materials for public meetings to accommodate successful project coordination. Funding is awil~ble from 334-4141-572-65.83 (General Construction Fund/Beautification/ N.W./S.W. 5e~ Avenue). Recommend approval of Service Authorization #10.1 to CH2M Hill, Inc. in the amount of $17,532.00 for additional services m conjunction with the N.W./S.W. 5e' Avenue Beautification Project. S:\City Clerk\agenda memos\ServiceAuth.#10.1 CH2MHilI.07.06.04 City Of Delray Beach Department of Environmental Services M E M 0 R A N D U M David T. Harden, City Manager Richard C. Hasko, P.E., Environmental Services Director CH2M HILL SERVICE AUTHORIZATION NO. 10.1 TO: FROM: SUBJECT: www. mydelraybeach.com DATE: June 29, 2004 Attached is a copy of Service Authorization 10.1 for CH2M Hill for additional services provided in accordance with City/CRA requests on the NW/SW 5th Avenue Beautification project (PN 2003- 037). Exhibit "A" of the contract addendum details the additional services that were requested by the City and the CRA to accommodate successful project coordination. Additional services include attendance at multiple project coordination meetings, in-design plan modifications resulting fi.om supplemental project scope items and provision of visual aid materials for public meetings. The total additional services request is $17,532. Funding for this expense is available in account No. 334-4141-572-65.83, NW/SW 5th Avenue Beautification. Please place this item on the July 6, 2004 agenda for consideration by Commission. Cc~ Diane Colonna, Executive Director, CRA Randal Krejcarek, P.E., City Engineer Service Authorization No. 10.1 to the Agreement to Furnish Professional Services Dated July 6, 1999, Between the City of Delray Beach, Florida and CH2M HILL, Inc. City P.O. Number: City ProjectNumber Title: Additional Services, NWlSW 5m Avenue Streetscape and Infrastructure Improvements Category of Work: Professional Engineering Services- Construction Documents General This SERVICE AUTHORIZATION AMENDlVlENT shall modify the professional services agreement referenced above and shall become part of that AGREEMENT as if written there in full. Changes in the indicated Scope of Services will be subject to renegotiation and implemented through an Amendment to this agreement. Introduction This Service Authorization Amendment includes additional services as requested by the CITY and CRA during the development of the conceptual and final design of the NW/SW 5~ Avenue Streetscape and Infrastructure Improvements. The additional services are identified in Task 1 and in Exhibit A. Scope of Services Task 1 - Additional Services for NW/SW Avenue Strestscepe and Infrastructure Improvements The additional services, requested by the CITY and CRA, include site visits to Miami, additional meetings and construction documents not included in the original Service Authorization No. 10. 1. The additional services are identified in Exhibit A to this Service Authorization. Deliverables The following deliverables will be included as part of this authorization: Task Final Deliverable The CONSULTANT shall provide the CITY with the deliverables outlined in Exhibit A. Task 1 - NW/SW 5th Avenue Additional Services Schedule CH2M HILL will commence work on the Scope of Services described herein upon receipt of a fully executed copy of this Specific Authorization from the CITY, which will serve as the notice to proceed. Task Time of Completion (to) Start Finish Task I - NW/SW 5t~ Avenue August 26, 2003 April 19, 2004 Additional Services Assumptions This scope of services was based on the following assumptions: CITY shall be responsible for paying all permit fees. City shall be responsible for coordinating and scheduling meetings with other CITY DepaihtLents, CRA, SPARB, and other agencies involved in this project. CITY shall be responsible to provide to CH2M HILL electronically any available base data and mapping for the areas within the project limits. Deliverables will be a set of Mylar Reproducibles of the construction plans, an electronic file of the drawings in AutoCAD 2000 format, one original hard copy and .one electronic file of the construction contract, bidding information, and technical specifications (WORD format). Compensation to the CONSULTANT Compensation for NW/SW 5· Avenue Additional Services as described herein is estimated at $17,532 (see Exhibit A). Compensation for services shall be lump sum in accordance with the AGREEMENT. This service authorization is approved contingent upon the CITY'S acceptance of and satisfaction with the completion of the services rendered in the previous phase or as encompassed by the previous service authorization. If the CITY in its sole discretion is unsatisfied with the services provided in the previous phase or service authorization, the CITY may terminate the contract without incurring any further liability. The CONSULTANT may not commence work on any service authorization approved by the CITY to be included as part of the contract without a further notice to proceed. Approved by: CITY OF DELRAY BEACH: Date: Jeff Perlman Mayor Attest: Approved as to Legal Suffidency and Form CH2M HILL ." SFAt Timothy S. P.G. (Date) ,~ Office Manager STATE OF FLORIDA COUNTY OF BROWARD The foregoing instrument was ./ acknowledged before me thL~t th day of 2004, by Timothy S. Sharp, West Palm Beach Office Manager, CH2M HILL, Inc., a Florida corporation, on behalf of the corporation. He is personally known to me and (did~ take an oath. We~iy Stacy~/-' --Notary Public State of Florida (s al) WI~y ~ACY MY COMMISSION # DD 316Z/7 E~lRES:,kne 16, 2006 EXHIBIT A ADDITIONAL SERVICES City of Delray Beach NW/SW 5th Avenue Streetscape and Infrastructure Improvements Task 1--Concept Plan and Survey Preparation Required Services Meetings One City/CRA Review Meeting: June 23, 2003 One CRA/Cultural Loop Meeting: June 26, 2003 Four Public Meetings: July 24, 2003; August 28, 2003; October 13, 2003; January 15, 2004 One City Commission Meeting: January 13, 2004 Additional Meetings Attended Doocripflon Date Name Hours Amount 1. Second Meeting with CRA/City at August 26, 2003 Diane Bomhardt 3 $358 City/CRA Request 2. Meeting with City/CRA at City/CRA October 13, 2003 Richard Staudinger 2 $949 Request Diane Bomhardt Claudine Alexander Jade Paul Expenses $73 3. Meeting at Door~eld Beach office September 5, 2003 ' --,)ade Paul 4 $358 with Gary Moore at City/CRA Request Expenses $26 4. Mooting with CRA and Gary Moore September 18, 2003 Jade Paul 4 $358 at CRA Request Expenses $22 5. Site walk-through at CRA request October 28, 2003 Diane Borchardt 3 $716 Jade Paul Expenses $22 6. Meeting with Tim Hemandez. November 5, 2003 Diane Borchardt 2 $239 Atlantic Grove at CRA Request 7. Site visit to Miami at CRA/City December 30, 2003 Jade Paul 7 $1,462 Request Claudine AJexander Expenses $66 8. Meeting with Gary Moore, Miami January 6, 2004 Jade Paul 7 $1.462 studio at CRA Request Claudine Alexander Expenses $66 9. Meeting and Presentation to CRA January 22, 2004 Diane Bomhardt 2 $239 Board at CRA Request AD01T1ONN._SERVlCES_UST2/041354~01 1 Task 2--Preliminary Design Task Required Services Meetings Public Review/Coordination Meeting: April 19, 2004 Review of 50% Construction Docttrnents with City/CRA: February 04, 2004 Meeting with Artist: February 27, 2004 Additional Meetings Attended Description Date Name Hours Amount 1. Meeting with City staff, Civil PlansFebruary 24, 2004 Claudine Alexander 2 $239 Review at City Request Expenses $22 Required Documents Preliminary Design Documents Additional Documents Provided Description Name Hours Amount Demolition and Horizontal Plans at City Request Claudine Alexander 35 $2,353 Greg Bishop Streetscape Modifications at CRA/City Request Jade Paul 24 $2,148 Addition of Profiles to Construction Documents at City Greg Bishop 16 $640 Request Claudine Alexander 2 $239 - --~ichard Staudinger 2 $292 4. Redesign of Atlantic Grove Landscaping at City/CRA Jade Paul 4 $358 Request Task 3 and 5---Final Design Task Required Services Consb-uction Documents Bid Documents Additional Services Provided Description Name Hours Amount 1. Preparation of Boards and Graphics for Apdl 19 Public Nancy Branstmm 16 $1,600 Hearing Jade Paul 4 $358 2. Project Management for Requested Modifications Diane Bomhardt 24 $2,867 Total Additional Services $17,532 ADDmONN._SERVICES.t JST2~41350~01 2 Agenda Item No.<~ AGENDA REQUEST Request to be placed on: X Regular Agenda Special Agenda __ Workshop Agenda Date: June 29, 2004 When: July 6, 2004 Description of item (who, what, where, how much): Staff requests Commission approval of Service Authorization No. 10.1 to CH2M Hill for additional services in conjunction with the NW/SW 5th Avenue Beautification project. Over the course of the project to date, numerous additional services were requested of the consultant to accommodate project coordination includinq meetin.q attendance, in-desiqn plan revisions and provision of presentation materials. Total additional services are $17,532, and are detailed in Exhibit "A" of the Service Authorization. Fundinq is available in account No. 334-4141-572-65.83, NW/SW 5th Avenue Beautification ORDINANCE/RESOLUTION REQUIRED: YES/N._q.O DRAFT ATTACHED YES/NO Recommendation: Staff recommends approval of Service Authorization 10.1 to CH2M Hill. Department head signature: '~L.,~ ~ ~r,~---,L~- Determination of Consistency with Comprehensive Plan: City Attomey Review/Recommendation (if applicable): Budget Director Review (reclaimed on all items involving expenditure of funds):~,~ Funding available YE~y_~O Funding alternatives: (if a,pplicable) Account No. & Description: :~tl-//I,~5,7;z-/,5.~_~ ~..., ~'~'. Account Balance: .~ /~_'~J¥~ Pon City Manager Review: ,~ ~ Approved for agenda: F %,~NO Hold Until: Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved MEMORANDUM TO: FROM: SUBJECT: MAYOR AND CITY COMMISSIONERS CITY MANAGER ~ AGENDA ITEM # SERVICE AUTHORIZATION WALTERS ARCHITECTS, INC, DATE: JULY 2, 2004 - REGULAR MF.F. TING OF JULY 6. 2004 NO. 1/CORNF.! J. PARK/ROBERT This is before the City Commission to approve Service Authorization No. 1 to Robert Walters Architects, Inc. in the amount of $27,000.00 for consulting services for the development of Comell Park to include site survey, master planning, stakeholder consensus building, preliminary and final sight plan development and engineering. Funding is available from 380-4150-572-63.27 (2004 G.O. Bond/Comell Park). Recommend approval of Service Authorization No. 1 to Robert Walters Architects, Inc. in the amount of $27,000.00 for consulting services for the Comell Park Project. S:\City Clerk\agenda merao~\ ServiceAuth.# 1 .Comell Park. Robert Walters Architects.07.06.04 City Of Delray Beach Department of Environrnental Services M E M 0 R A N D U M TO: FROM: SUBJECT: www. mydelraybeach, com David T. Harden, City Manager /Qt.J Richard C. Hasko, P.E., Environmental Services Director SERVICE AUTHORIZATION NO. 1 TO ROBERT WALTERS ARCHITECTS DATE: June 29, 2004 Attached is a copy of Service Authorization No. 1 for Robert Walters Architects for provision of professional consulting services in conjunction with the development of Cornell Park (PN 2004-55) in the Lake Ida area (sketch attached) under the City's Parks and Recreation Bond Program. The scope of services for this proposal entails preliminary design activities including surveying, facility master planning, neighborhood stakeholder consensus building, site plan preparation and development, preliminary site design and site plan approval. Completion of this scope will result in an approved site plan with final design plans completed to a 50% level. The total proposal is for $27,000, and includes an approximate 135 day performance period. Funding is available in account no. 380-4150-572-63.27, Comell Park. Please place this item on the July 6th agenda for Commission consideration. Cc: Joe Weldon, Parks & Recreation Director Randal Krejcarek, P.E., City Engineer Service Authorization No. 1 to the Agreement to Furnish Professional Services Dated April 24, 2004, Between the City of Delray Beach, Florida and Robert Walters Architects City P.O. Number: City Project Number: Title: Cornell Park Master Planning Services and Site Plan Review Services Category of Work: Professional Architectural I Engineering Services General This SERVICE AUTHORIZATION shall include the professional service agreement referenced above and shall become part of that AGREEMENT as if written there in full. Introduction This Service Authorization will authorize Robert Walters Architects to provide professional Architectural / Engineering consulting services related to the master planning and site plan review / approval for Cornell Park. Scope of Services Task 1 - Survey Services Robert Walters Architects will retain a survey company to provide a boundary and topographic survey of the site. Task 2 - Master Plan Design Once the survey is complete, Robert Walters Architects will develop a master plan for a passive park with input from City Staff. Task 3 - Consensus Building I Public Review Robert Walters Architects, in conjunction with City staff, will hold public meetings to receive comments on the proposed master plan. Task 4 - Preliminary Site Drawings I Site Plan Review Robert Walters Architects will develop site plan drawings to include 50% complete drawings - civil engineering, landscape, irrigation, architectural site plan, shelters plans and elevations, site lighting and photometric drawings. DFB/981040007/SET561.DOC 1 Task 5 - Site Plan Review Drawings prepared under task 5 will be submitted for City Site Plan Review. RWA's representative will attend site plan and commission meetings and address any comments, as required. Task 6 - Preliminary Cost Estimate Robert Walters Architects will provide the City with a preliminary cost estimate for the master plan development proposed. Schedule Robert Walters Architects will commence work on the Scope of Services described herein upon receipt of a fully executed copy of this Service Authorization from the CITY, which will serve as the notice to proceed. The following summarizes the proposed schedule. Task Time of Completion (weeks from date of notice to proceed [NTP]) Start Finish Task 1 - Survey Services July 12, 2004 July 30, 2004 Task 2 - Master Plan Design July 31, 2004 August 16, 2004 Task 3 - Consensus Building I In September, as scheduled by 30 days (additional time required Public Review the City for more than one meeting) Task 4 - Preliminary Site Drawings October 1, 2004 October 31,2004 Task 5 - Site Plan Review November 1, 2004 December 31,2004 Task 6 - Preliminary Cost October 1, 2004 October 31, 2004 Estimate Compensation to the CONSULTANT Compensation for professional consulting Architectural / Engineering services as described herein is estimated at $27,000. $24,500.00 of the total compensation for Tasks 1, 2, 4 and 6 shall be on a lump sum basis in accordance with Article VII.AA of the AGREEMENT. Tasks 3 and 5 will be performed on a time and materials basis, with a cost not to exceed $2500. The fee breakdown for Tasks 1,2,4 and 6 is as follows: Task 1 - Survey Services Task 2 - Master Plan Design Task 4 - Preliminary Site Drawings Architectural Civil Engineering Landscape and Irrigation Electrical Engineering Task 6 - Cost Estimate $2,000.00 $7,000.00 $3,600.00 $ 500.00 $ 6,000.00 $ 5,000.00 $13,100.00 $ 400.00 $24,500.00 lump sum For Tasks 3 and 5, the not to exceed price of $2500 is for 21 hours architect project manager's time. DELRAY/SAI_CORNELL_PARK~DOC 2 This service authorization is approved contingent upon the CITY's acceptance of and satisfaction with the completion of the services rendered in the previous phase or as encompassed by the previous service authorization. If the CITY in its sole discretion is unsatisfied with the services provided in the previous phase or service authorization, the CITY may terminate the contract without incurring any further liability. The CONSULTANT may not commence work on any service authorization approved by the CITY to be included as part of the contract without a further notice to proceed. Approved by: CITY OF DELRAY BEACH: Robert Walters Architects (Corporate Seal) Date: Robert S. Walters, AIA, P.A. (date) Principal Architect Witness Witness David T. Harden City Manager Attest: STATE OF FLORIDA COUNTY OF BROWARD Approved as to Legal Sufficiency and Form The foregoing instrument was acknowledged before me this day of May, 2004, by Robert S. Walters, Principal Architect, Robert Walters Architects, a Florida corporation, on behalf of the corporation. He is personally known to me and (ffid/did not) take an oath. Notary Public State of Florida (Seal) DELRAY/SA1 _CORNELL_PARK.DOC 3 LAKE LAKE IDA ROAD LAKE ENVIRONMENTAL SERVICE8 DEPARTMENT LOCATION MAP CORNF'LL PLAT 2004-200 Agenda Item No. ~--- AGENDA REQUEST Request to be placed on: X Regular Agenda __ Special Agenda __ Workshop Agenda Date: June 29, 2004 When: July 6, 2004 Description of item (who, what, where, how much): Staff requests Commission approval of Service Authorization No. 1 to Robert Walters Architects for provision of consultinq services for the development of Cornell Park under the City's Parks & Recreation Bond Proqram. ScopP, includes site survey, master planning, stakeholder consensus buildinq, preliminary and final sitP, plan development and en,qineedn.q. Total fees for this scope are $27,000 with funding available in account no. 380-4150-572-63.27, Cornell Park. Time for completion is approximately 135 days. ORDINANCE/RESOLUTION REQUIRED: YES/N_.Q_O DRAFT ATTACHED YES/N_.~O Recommendation: Walters Architect. Staff recommends approval of Service Authorization No. 1 to Robert Department head signature: Determination of Consistency with Comprehensive Plan: City Attorney Review/Recommendation (if applicable): Budget Director Review (requ~ired on all items involving expenditure of funds): Funding available: E~_~O Funding alternatives: (if applicable) Account No. & Description: Account Balance: ~'/ City Manager Review: Approved for agenda:/~F.~NO Hold Until: Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved MEMORANDUM TO: FROM: SUBJECT: MAYOR AND CITY COMMISSIONERS CITY MANAGER ~ AGENDA ITEM # ~ ~ PURCHASE ORDER INCREASE DATE: JULY 2, 2004 - REGULAR MEETING OF _IULY 6. 20-ha, This is before the City Commission to approve an increase of $55,000.00 to blanket purchase order #614892, Jones Chemicals, Inc., for the purchase of liquid chlorine for the Water Treatment Plant. The Water Treatment Plant is experimenting in replacing gas chlorine with sodium hypochlorite (liquid chlorine) which is producing excellent results, The primary reason to use liquid chlorine instead of chlorine gas is safety. Funding is available from 441-5122-536-52.21 (Water/Sewer Fund/Chemicals). Recommend approval of an increase of $55,000.00 to blanket purchase order #614892 for the purchase of liquid chlorine for the Water Treatment Plant. S:\City Clerk\agenda memos\PO Increase.07.06.04 MEMORANDUM FROM: THROUGH: DATE: SUBJECT: David Harden, City Manager Patsy Nadal, Buyer Joseph Safforo~ance Director 6~9~004 Documentation-City Commission Meeting July 6, 2004 - Blanket Purchase Order Increase Approval for City Water Treatment Plant Item Before Commission: City Commission is requested to approve an increase of $55,000.00 on blanket pumhase order number 614892, Jones Chemicals, Inc. for the purchase of liquid chlorine for the Water Treatment Plant (W.T.P), as needed per the City of West Palm Beach Co-op Bid #20/03-20. Vendor Jones Chemical Company Purchase Current Requested Order PO Amt. Increase #614892 $48,000.00 $55,000.00 Total PO $103,000.00 Background: The W. T. P is currently experimenting in replacing gas chlorine with sodium hypochlorite (bleach) which is producing excellent results. The primary reason is the safety in using liquid chlorine instead of the highly dangerous chlorine gas. Jones Chemical Company supplies both chlorine and hypochlorite to the Water Treatment Plant. Recommendation: The Purchasing Department recommends an increase to above mention blanket purchase order. This increase is an estimated dollar amount required for the balance of this fiscal year. Funding from account code #441-5122-536-52.21. Attachments: Purchase Orders: #614892 Memo from John M. Bullard, Manager W.T.P -~ ~un 15 O~ Oe:3~a ~TP LRB pol City Of De. lray Beach Department of Environmental Services M E M 0 R A N D U M TO: Patsy Nadel, Purchasing FROM: John M. Bullard,~vlanag~r WTP SUBJECT: Jones Chemical Company-SOdium Hypochlorite (Bleach) DATE: June 15, 2004 www. delrayesd, com The W.T.P. is currently experimenting in ~'eplacing gas chlorine with sodium hypochlorite (bleach) which is producing excellent results. Thc primary reason is the safety in using liquid chlorine instead of the highly dangerous chlorine gas. Jones Chemical Company supplies both chlorine_ and hypochlorite to the W.T.P. We have been vma blanket PRO:. g:lSlg892 and 15'~i~e c~l~hlated that we need to increase paying Jones Chemical · ~r:~-~-'-::~: :~-~ .... ~ this blanket P.O. by $55,000.00 which will cover the remaining payments for this fiscal year. The funds for this will be taken from our Chemical Account # 441-5122-536-52:21. There are adequate funds available in this account. If you would request approval for this increase in the blanket P.O. it will avoid individual requisitions being applied to each delivery. JMB/gpt AGENDA REQUEST Request to be placed on: July 06, 2004 Date: June 29, 2004 XX Consent Agenda Special Agenda __ Workshop Agenda Description of agenda item: City Commission is requested to approve an increase of $55,000.00 on blanket pumhase order number 614892, Jones Chemicals, Inc. for the purchase of liquid chlorine for the Water Treatment Plant (W.T.P), as needed per the City of West Palm Beach Co-op Bid #20/03-20. ORDINANCE/RESOLUTION REQUIRED: YES NO X Draft Attached: YES NO X Recommendation: The Purchasing Department recommends increase to above mention blanket purchase order. The increase is an estimated dollar amount required for the balance of this fiscal year. Funding from account code #-441-5122-536-52.21. Department Head Signature: Determination of Consistency with Comprehensive Plan: City Attorney Review/Recommendation (if applicable): Budget Director Review (requ. iried.on all items involving expenditure of funds): Funding ava~lU'able: Yes /~/.~2 No Funding alternatives: (if applicable) Account Number: Account Description: ~]~ // Account Balance: Ci~ Manager Review: Approved for agenda:~ ~ No Hold ~ntil: Agenda Coordinator Review: Received: Action: Approved Disapproved MEMORANDUM TO: FROM: SUBJECT: MAYOR AND CITY COMMISSIONERS CITY MANAGER~ AGENDA ITEM # _~ - REGULAR MEETING OF JULY 6, 2004 FDOT UTILITY PERMIT & HOLD HARMLESS AGREEMENT/Il07 SOUTH OCEAN BOULEVARD DATE: JULY 2, 2004 This is before the City Commission to authorize approval of a hold harmless agreement for work performed within the state fight-of-way. Mark Timothy, Inc. is the owner of the project, located at 1107 South Ocean Boulevard. The developer is required to construct a water service connection within the state fight-of-way. The Florida Department of Transportation requires the City to sign the permit on behalf of the developer. The proposed agreement provides that the developer v~fll hold the City harmless for the general work to be performed under the permit. Recommend approval of the hold harmless agreement for work performed within the state fight-of- way between the City and Mark Timothy, Inc. &\City Clerk\agenda memos\Hold HarmlessAgmt. 1107 S. Ocean.07.06.04 City Of Delray Beach Department of Environmental Services M E M 0 R A N D U M TO: FROM: DATE: SUBJECT: DAVID T. HARDEN, CITY MANAGER WILLIAM A. GRIEVE, P.E. ASSISTANT CITY ENGINEER June 30, 2004 Hold Harmless Agreement for FDOT Utility Permit 1107 S. Ocean Blvd. Please find attached a hold harmless agreement for work performed within the state right-of-way. A water service is proposed to be built at 1107 S. Ocean Blvd. The Property owner is tying into an existing water main on Ocean Blvd. (A1A). The existing water main is within the State right-of-way and the Florida Department of Transportation requires the City to act as the utility permit applicant. The attached agreement holds the City harmless for the work performed under the permit. Also, attached is a location map. If the attached agreement is acceptable, please place it on the July 6, 2004 meeting for commission approval. Enc Cc Brian Shutt, Assistant City Attorney file S:~EngAdmin~TAC~hold harmless agenda memo. doc Page 1 of 1 Gary R. Nikolits, CFA Palm Beach County Property Appraiser Property Mapping System Legend I'~1 Parcel Botmda~ ~L~ nun,,er Palm Beach County Property Map Map Scale 1:6595 Copyright Palm Beach Couniy 2003 All Rights Reserved - Subject to a License Al~eement. Map produced on 6/30/2004 from PAPA http://gisweb.c~.pa~m~beach.~.us/papagis/presentati~n/mapping/printnew.asp?MAPURL=h... 6/30/2004 HOLD HARMLESS AGREEMENT FOR WORK PERFORMED WITHIN THE STATE RIGHT-OF-WAY THIS HOLD HARMLESS AGREEMENT is entered into this __ day of · 2004 by and between the CITY OF DELRAY BEACH, FLORIDA, (hereinafter referred to as "CITY") and '~'~CLW-_-~, t~614auc~)~¢.. , (hereinafter referred to as "DEVELOPER"). WITNESSETH: WHEREAS, DEVELOPER wishes to install/construct improvements in the fight-of- way of the State of Florida; and WHEREAS, the CITY is required to sign the permit on behalf of the DEVELOPER to allow the installation/construction to take place in the State fight-of-way; and WHEREAS, the CITY is required to indemnify and hold harmless the State for the work performed by DEVELOPER in the State fight-of-way; and WHEREAS, this Agreement shall provide that DEVELOPER shall hold harmless and defend the CITY and the State for the work performed in the State right-of-way by the DEVELOPER, its contractor or agent. NOW, THEREFORE, for the mutual covenants and matters set forth herein, as of the date set forth above, the parties hereby agree as follows: 1. The recitations set forth above are incorporated herein. 2. DEVELOPER, in consideration of the payment of Ten Dollars ($10.00), receipt of which is hereby acknowledged, agrees to defend, indemnify, and hold harmless the CITY and the State, their agents, officers, employees and servants from any and all claims, suits, causes of action or any claim whatsoever made, and damages, including, but not limited to reasonable attorney's fees and costs at the trial and appellate levels, which may result from any activity conducted by DEVELOPER, its contractors or agents in relation to the work performed in the State right-of-way and as more particularly shown on the engineering plans submitted for the development known as 3. DEVELOPER warrants and guarantees to the CITY that all work on the utility improvement shall be constructed in accordance with the applicable codes of the City of Delray Beach and the State of Florida. The DEVELOPER'S warranty and guarantee shall remain in effect for one year from the date of final acceptance. Unremedied defects identified for correction during the warranty/guarantee period but remaining after its expiration shall be considered as part of the obligations of the guarantee and warranty. Defects in the installation or construction of the utility improvement, which are remedied as a result of obligations of the warranty/guarantee shall subject the remedied portion of the work to an extended warranty/guarantee period of one year after the defect has been remedied. DEVELOPER shall deliver this agreement to its Surety. The Surety shall be bound with and for the DEVELOPER in the DEVELOPER'S faithful observance of the guarantee. 4. DEVELOPER, shall supervise and direct the installation and construction of the improvement, applying such skills and expertise as may be necessary to perform the work in accordance with the approved engineering plans. DEVELOPER shall be solely responsible for the means, methods, techniques, sequences and procedures of the construction and installation of the improvement. 5. Any claims, lawsuits or disputes that may arise under this Agreement shall be governed by the Laws of Florida, with venue in Palm Beach County, Florida. 6. This Agreement constitutes the entire agreement and understanding of the parties, as it pertains to the construction or installation of the utility. There are no representations or understandings of any kind not set forth herein. Any amendments to this Agreement must be in writing and executed by both parties. 7. DEVELOPER or its contractor shall maintain worker's compensation insurance in an amount required by law and general liability insurance in the amount of one million dollars ($1,000,000.00) governing bodily injury and property damage in standard form, insuring CITY and the State as additional named insureds. DEVELOPER or its contractor shall provide this information to the CITY on a Certificate of Insurance that is acceptable to the CITY, prior to commencing installation or construction. 8. DEVELOPER shall be bound by all the terms and conditions found in the General Use Permit Application between the CITY and the State for this project and attached hereto as Exhibit "A". Clerk. 9. This agreement shall not be valid unless signed by the City's Mayor and City iN WITNESS WHEREOF, the parties hereto have entered into this agreement the day and year first written above. ATTEST: By: City Clerk Approved as to Form: By: City Attorney CITY OF DELRAY BEACH, FLORIDA By: Jeff Perlman, Mayor WITNES~S (Print or Type Name) DEVELOPER: [ ' Address: ~\ 5G ~:k~x~k~e.ff' ~. X~q3~ Phone: STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument was acknowledged before me this ~ day of N'~x.x..X,,-O~ , 2004 by ~X~Ct-.~'~. ~\~ (name of officer or agent, title of bt~cer or agent) of ~'N~x~t_-X,~x.x.,, -~,,~c (name of corporation acknowledging), a X;\-,),~c, ' ' (st~tte ~r p¢ce o{' inc&rporation) corporation, on behalf of the corporation.-u ~/~he is e illy kno~to me or has produced (type of i~dentification and did (did not) take an oath. "~ ~ ~ ~ ~ Signature of Notary Public-/~ · ~ 5 ~c~ta~rt~ State of Florida 4 Date: June 28, 2004 AGENDA ITEM NUMBER: AGENDA REQUEST Request to be placed on: X Consent Agenda Regular Agenda Workshop Agenda Special Agenda When: July 6, 2004 Description of Agenda Item (who, what, where, how much): Commission approval/authorization for Mayor to execute hold harmless agreement with Mark Timothy, Inc. for water service work performed within the state right-of- way. A water service is proposed to be built at 1107 S. Ocean Blvd. The Property owner is tying into an existing water main on Ocean Blvd. (AIA). The existing water main is within the State right-of-way and the Florida Department of Transportation requires the City to act as the utility permit applicant. The attached agreement holds the City harmless for the work performed under the permit. This agreement is subject to review and approval by the City Attorney. Staff Recommendation: Department Head Signature: City Attorney Review/Recommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): Funding Available: Yes / No Initials: Account Number Description Account Balance: Funding Alternatives: (if applicable) City Manager Review: ]~ Approved for Agenda: ~/No Initials: Hold Until: v I Agenda Coordinator Review: Received: S:\EngAdmin\TAC\hold harmless agenda.doc MEMORANDUM TO: FROM: SUBJECT: MAYOR AND CITY COMMISSIONERS CITY MANAGER ~ AGENDA ITEM # ~ ~ FDOT UTILITY PERMIT - REGULAR MEETING OF JULY 6, 2004 & HOLD HARMLESS AGREEMENT/602 NORTH OCEAN BOULEVARD DATE: JULY 2, 2004 This is before the City Commission to authorize approval of a hold harmless agreement for work performed xffxthin the state right-of-way. Michael E. Neuman is the owner of the project, located at 602 North Ocean Boulevard. The developer is required to construct a water service connection within the state right-of-way. The Florida Department of Transportation requires the City to sign the permit on behalf of the developer. The proposed agreement provides that the developer will hold the City harmless for the general work to be performed under the permit. Recommend approval of the hold harmless agreement for work performed xffxthin the state right-of- way between the City and Michad E. Neuman. S:\City Clerk\agenda memos\Hold HarmlessAgmt.602 N. Ocean.07.06.04 City Of Delray Beach Department of Environmental Services M E M 0 R A N D U M TO: FROM: DATE: SUBJECT: DAVID T. HARDEN, CITY MANAGER WILLIAM A. GRIEVE, P.E. ASSISTANT CITY ENGINEER June 28, 2004 Hold Harmless Agreement for FDOT Utility Permit Neuman House - 602 N. Ocean Blvd. Please find attached a hold harmless agreement for work performed within the state right-of-way. A fire service is proposed to be built at 602 N. Ocean Blvd. The Property owner is tying into an existing water main on Ocean Blvd. (A1A). The existing water main is within the State right-of-way and the Florida Department of Transportation requires the City to act as the utility permit applicant. The attached agreement holds the City harmless for the work performed under the permit. Also, attached is a location map. If the attached agreement is acceptable, please place it on the July 6, 2004 meeting for commission approval. Ei3c Brian Shutt, Assistant City Attorney file S:~EngAdmin~TACWeurnan House~hold harmless agenda memo. doc HOLD HARMLESS AGREEMENT FOR WORK PERFORMED WITHIN THE STATE RIGHT-OF-WAY THIS HOLD HARMLESS AGREEMENT is entered into this (hereinafter referred to as "CITY") and referred to as "DEVELOPER"). day of ., 2004 by and between the CITY OF DELRAY BEACH, FLORIDA, [q~[~-~ 1~4 ~ h] , (hereinafter WITNESSETH: WHEREAS, DEVELOPER wishes to install/construct improvements in the right-of- way of the State of Florida; and WHEREAS, the CITY is required to sign the permit on behalf of the DEVELOPER to allow the installation/construction to take place in the State right-of-way; and WHEREAS, the CITY is required to indemnify and hold harmless the State for the work performed by DEVELOPER in the State right-of-way; and WHEREAS, this Agreement shall provide that DEVELOPER shall hold harmless and defend the CITY and the State for the work performed in the State right-of-way by the DEVELOPER, its contractor or agent. NOW, THEREFORE, for the mutual covenants and matters set forth herein, as of the date set forth above, the parties hereby agree as follows: 1. The recitations set forth above are incorporated herein. 2. DEVELOPER, in consideration of the payment often Dollars ($10.00), receipt of which is hereby acknowledged, agrees to defend, indemnify, and hold harmless the CITY and the State, their agents, officers, employees and servants from any and all claims, suits, causes of action or any claim whatsoever made, and damages, including, but not limited to reasonable attorney's fees and costs at the trial and appellate levels, which may result from any activity conducted by DEVELOPER, its contractors or agents in relation to the work performed in the State right-of-way and as more particularly shown on the engineering plans submitted for the development known as 3. DEVELOPER warrants and guarantees to the CITY that all work on the utility improvement shall be constructed in accordance with the applicable codes of the City of Delray Beach and the State of Florida. The DEVELOPER'S warranty and guarantee shall remain in effect for one year from the date of final acceptance. Uuremedied defects identified for correction during the warranty/guarantee period but remaining after its expiration shall be considered as part of the obligations of the guarantee and warranty. Defects in the installation or construction of the utility improvement, which are remedied as a result of obligations of the warranty/guarantee shall subject the remedied portion of the work to an extended warranty/guarantee period of one year after the defect has been remedied. DEVELOPER shall deliver this agreement to its Surety. The Surety shall be bound with and for the DEVELOPER in the DEVELOPER'S faithful observance of the guarantee. 4. DEVELOPER, shall supervise and direct the installation and construction of the improvement, applying such skills and expertise as may be necessary to perform the work in accordance with the approved engineering plans. DEVELOPER shall be solely responsible for the means, methods, techniques, sequences and procedures of the construction and installation of the improvement. 5. Any claims, lawsuits or disputes that may arise under this Agreement shall be governed by the Laws of Florida, with venue in Palm Beach County, Florida. 6. This Agreement constitutes the entire agreement and understanding of the parties, as it pertains to the construction or installation of the utility. There are no representations or understandings of any kind not set forth herein. Any amendments to this Agreement must be in writing and executed by both parties. 7. DEVELOPER or its contractor shall maintain worker's compensation insurance in an amount required by law and general liability insurance in the amount of one million dollars ($1,000,000.00) governing bodily injury and property damage in standard form, insuring CITY and the State as additional named insureds. DEVELOPER or its contractor shall provide this information to the CITY on a Certificate of Insurance that is acceptable to the CITY, prior to commencing installation or construction. 8. DEVELOPER shall be bound by all the terms and conditions found in the General Use Permit Application between the CITY and the State for this project and attached hereto as Exhibit "A". Clerk. 9. This agreement shall not be valid unless signed by the City's Mayor and City IN WITNESS WHEREOF, the parties hereto have entered into this agreement the day and year first written above. ATTEST: By: City Clerk Approved as to Form: By:. City Attorney CITY OF DELRAY BEACH, FLORIDA By: Jeff Perlman, Mayor WITNESSES (Print ff ~ype NameL (Print or Type Name) DEVELOPER: · (Print or Type Name) Phone: STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instmmem was acknowledged before me this Bt day of tM~Q' ,2004 by e~s~,--~ ~¢~c~*,o (name of officer or agent, title of officer or agent) of ~,~,~t~ o~ Atwar__tc,+ (name of corporation acknowledging), a F~co,~, ~, ~ (state or place of incorporation) corporation, on behalf of the corporation. He/She is personally known to me or has produced Ft~ '/>~ (type of ide~it~ca~ti_on)~ti~lentifie~tion and did (did not)take an oath.( ~~~/~' ![:~.~:. cv~,n~mv~o I[ Signatt~ofNotary Public- 4 Date: June 28, 2004 AGENDA ITEM NUMBER: AGENDA REQUEST Request to be placed on: X Consent Agenda Regular Agenda Workshop Agenda Special Agenda When: July 6, 2004 Description of Agenda Item (who, what, where, how much): Commission approval/authorization for Mayor to execute hold harmless agreement with MICHAEL E. NEUMAN for water service work performed within the state right- of-way. The Property owner is tying into an existing water main at 602 N. Ocean Blvd. (AIA). The existing water main is within the State right-of-way and the Florida Department of Transportation requires the City to act as the utility permit applicant. The attached agreement holds the City harmless for the work performed under the permit. This agreement is subject to review and approval by the City Attorney. Staff Recommendation: ,~A~proval Department Head Signature: City Attorney Review/Recommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): Funding Available: Yes / No Initials: Account Number Description Account Balance: Funding Alternatives: N.h. (if applicable) City ManagerApprovedRevieW:Agenda: ~'~' for (xe:~ No Initials: Hold Until: Agenda Coordinator Review: Received: S:\EngAdmin',,TAC\Neuman House\hold harmless agenda.doc TO: FROM: SUBJECT: P UL RD , C ZY MANAGER LING, DIR/~rOR OF PLANNING AND ZONING / / MEETING OF JULY U004 RESOLUTION IN SUPPORT OF HALF-CENT SALES TAX BY THE SCHOOL BOARD OF PALM BEACH COUNTY FOR CONSTRUCTION AND RENOVATION OF PUBLIC SCHOOLS COUNTYWIDE. The action requested of the City Commission is support of a referendum to be held on November 2, 2004 for the levy of a half-cent sales tax by the School Board of Palm Beach County for the purpose of financing a comprehensive plan to construct and renovate public schools countywide. The City recognizes the value of providing the best education for the students of this County. The City has established a partnership with the County and 25 other municipalities in implementing school concurrency geared to limiting public school overcrowding. In concert with this partnership the School Board has determined that 15 new schools and 27 replacement schools are needed in the next 5 years and that the related construction projects will require an additional alternative funding source. It has been determined that the most equitable funding source would be to levy a half- cent sales tax for a period of six years. This funding option was discussed by the League of Cities and on April 28, 2004 received a unanimous vote of support. By motion approve Resolution 52-04 in support of a referendum to be held on November 2, 2004 for the levy of a half-cent sales tax by the School Board of Palm Beach County for the purpose of financing a comprehensive plan to construct and renovate public schools countywide Attachments: · Proposed Resolution No. 52-04 RESOLUTION 52-04 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, PALM BEACH COUNTY, FLORIDA, SUPPORTING A REFERENDUM TO BE HELD ON NOVEMBER 2, 2004 FOR THE LEVY OF A DISCRETIONARY HALF CENT SALES TAX BY THE SCHOOL BOARD OF PALM BEACH COUNTY FOR THE PURPOSE OF FINANCING A COMPREHENSIVE PLAN TO CONSTRUCT AND RENOVATE PUBLIC SCHOOLS COUNTYWIDE. WHEREAS, the City recognizes the value of providing the best education to its students, the future leaders of the community; and WHEREAS, the School Concurrency Inteflocal Agreement was approved in January, 2001 which establishes a County-wide public school concurrency process to limit public school overcrowding; and WHEREAS; the School District of Palm Beach County has established a parmership with the County and 26 municipalities to improve education; and WHEREAS; the School District Planning Department with extensive input from the local planning directors, has determined that 15 new schools and 27 replacement schools are needed within the next five years; and WHEREAS; the construction program requires an additional alternative funding source; and WHEREAS; the School Board thoroughly examined funding source options and decided that a half-cent sales tax approval would save approximately $300 million in debt service cost; and WHEREAS, on April 28, 2004 the League of Cities unanimously voted to support the referendum for a half-cent sales tax increase; and WHEREAS, public schools are vital to the health and welfare of a community NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA: Section 1. The City Commission of the City of Delray Beach, Florida, hereby expresses its support for a surtax of I/2 cent per dollar for the purpose of financing a Comprehensive Plan to 1 RES. NO. 52-04 construct and renovate public schools countywide, and encourages Delray Beach residents to vote "yes" in this referendum. Section 2. This Resolution shall be effective upon adoption. PASSED AND ADOPTED THIS THE DAY OF 2004 ATI'PLST: MAYOR Acting City Clerk Approved as to Form and Legal Sufficiency City Attorney 2 RES. NO. 52-04 Memorandum FLORIDA LEAGUE OF INC. TO: Key Officials FROM: John Charles Thomas, Director Legislative and Public Affairs Proposed Constitution Amendment to Increase the Homestead Exemption DATE: July 1, 2004 The Executive Committee of the Florida League of Cities recently voted to oppose the effort to raise Florida's homestead exemption from $25,000 to $50,000 because of its impact on city revenues. Attached is a draft resolution for your city's consideration, should you wish to adopt a resolution. For additional information, please feel free to contact me at the League or visit www.truthabouthomestead.com Attachment 301 South Bronough Street · Post Office Box 1757 · Tallahassee, FL 32302-1757 'elephone (850) 222-9684 · Suncom 278-5331 4, Fax (850) 222-3806 · Website:www.flcities.com RESOLUTION NO. 54-04 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, OPPOSING THE AMENDMENT TO THE FLORIDA CONSTITUTION THAT WOULD RAISE FLORIDA'S HOMESTEAD EXEMPTION TO $50,000.00. WHEREAS, Florida's property tax continues to be a strong source of revenue for most local governments; and, WHEREAS, Florida currently has a homestead exemption in which $25,000.00 can be deducted from the assessed value of a primary residence, for the purposes of paying property tax; and, WHEREAS, in 1992, Florida's voters approved the Save Our Homes Amendment, which limits the increase in the assessed value of a primary residence to no more than three (3) percent a year or the amount of the consumer price index (CPO, whichever is less; and, WHEREAS, in 1998, Florida voters approved an additional constitutional amendment that allows ciries and counties to give an additional $25,000.00 homestead exemption to low income senior citizens; and, WHEREAS, efforts are currently underway, by a group called Families for Lower Property Taxes, to place an amendment on the November 2004 general election ballot that would increase Florida's current $25,000.00 homestead exemption to $50,000.00; and WHEREAS, if this amendment is approved, the City of Delra¥ Beach would suffer a loss of approximately $3,300,000.00 and would be forced to respond to this loss by reducing vital city services to its citizens, or by raising other fees and taxes to continue these vital services; and WHEREAS, this amendment would have a greater impact on local governments who are at or near the ten (10) mill cap for ad valorem taxes and would not be able to raise their property taxes to make up for this loss in revenue; and WHEREAS, this amendment negatively impacts non-homesteaded residential properties and commercial properties that do not receive any homestead exemption, because they would face higher property taxes if the millage rate were to increase. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the City of Dekay Beach opposes the Homestead Exemption Amendment and urges its citizens not to sign petitions supporting its placement on the November ballot. Section 2. That the City of Dekay Beach urges voters to oppose this initiative on the November general election ballot. PASSED AND ADOPTED in regular session on this the day of July, 2004. ATFEST: MAYOR Acting City Clerk 2 ~S. NO. 54-~ MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER~ SUBJECT: AGENDA ITEM # ~ - REGULAR MEETING JULY 6. 2004 REPORT OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS DATE: JULY 2, 2004 Attached is the Report of Appealable Land Use Items for the period June 21, 2004 through July 2, 2004. It informs the Commission of the various land use actions taken by the designated boards that may be appealed by the City Commission. Recommend review of the appealable actions for the period stated. Receive and file the report as appropriate. S:\City Clerk\agenda memos\ apagmen~ 07.06.04 TO: THRU: FROM: SUBJECT: ~D~'~ T. HARI~EN, CITY MANAGER MEETING OF JULY 6, 2004 *CONSENTAGENDA* REPORT OF APPEALABLE LAND USE ITEMS JUNE 21, 2004 THRU JULY 2, 2004 The action requested of the City Commission is that of review of appealable actions which were made by various Boards during the period of June 21, 2004 through July 2, 2004. This is the method of informing the City Commission of the land use actions, taken by designated Boards, which may be appealed by the City Commission. After this meeting, the appeal period shall expire (unless the 10 day minimum has not occurred). Section 2.4.7(E) of the LDRs applies. In summary, it provides that the City Commission hears appeals of actions taken by an approving Board. It also provides that the City Commission may file an appeal. To do so: 1. The item must be raised by a Commission member. 2. By motion, an action must be taken to place the item on the next meeting of the Commission as an appealed item. No appealable items were considered by the Planning and Zoning Board. The following items which were considered by the Board will be forwarded to the City Commission for action. Recommended approval (6 to 0), of a Future Land Use Map amendment from CF-R (Community Facilities-Recreation) to CC (Commercial Core) and rezoning from CF (Community Facilities) to CBD (Central Business District) for a 2.423 acre parcel to be known as The Strand, located on the west side of SE 3rd Avenue between SE 1st Street and SE 2nd Street. Recommended approval (6 to 0), of a conditional use request to allow the establishment of a monument and ornamental stone cutting facility for Granite & Marble Design to be located within the four (4) northernmost bays of 321 North Congress Avenue (northeast corner of Congress Avenue and Dr. Carol Krol Way). Recommended approval (6 to 0), of an amendment to the Land Development Regulations Section 4.3.3(P) "Satellite Dish-Satellite Television Antenna" to provide updated regulations on satellite dishes and antennas. City Commission Documentation Appealable Items Meeting of July 6, 2004 Page 2 Recommended approval (6 to 0), of a combined preliminary/final subdivision plat for Historic Del-Ida Park Plat, a proposed 4-lot subdivision, located on the south side of Dixie Boulevard, between Swinton Avenue and NE 2nd Avenue. In addition, the Planning and Zoning Board also recommended approval of the following waivers: · Reduction of required lot size for proposed Lot 1 from 9,500 sq. ft. to 7,932 sq. ft.; and, · Reduction of required lot frontage for proposed Lot 1 from 75 feet to 50 feet; and, · Reduction of required lot width for proposed Lot 1 from 75 feet to 50 feet; and, Reduction of required lot size for proposed Lot 2 from 9,500 sq. ft. to 7,500 sq. ft. A. Approved with conditions (5 to 0, Deborah Dowd and Mayer Abbo absent), a request for a blanket sign program for Mezzanine Plaza, located within the Delray Park of Commerce, northeast corner of Lake Ida Road and Congress Avenue (1405 North Congress Avenue). B. Approved with conditions (4 to 0, Dan Carter stepped down), a request for two flat wall signs at Dunkin Donuts located within the Congress Square Shopping Center at the southwest corner of West Atlantic Avenue and Congress Avenue (100 South Congress Avenue). C. Approved (5 to 0), a request for an exception to the master sign program (to increase the height of the sign from 24" to 48") for a flat wall sign for World Gym, located within the South Delray Shopping Center at the northeast corner of South Federal Highway and Avenue "L" (1030-1060 South Federal Highway). D. Approved (5 to 0), a request for a color change for Firestone Store, located on the south side of West Atlantic Avenue, west of Military Trail (5180 West Atlantic Avenue). E. Approved (5 to 0), a request for a color change for Firestone Store,located on the east side of SE 6th Avenue, south of SE 2nd Street (217 SE 6th Avenue). Approved (5 to 0), a request for a Class I site plan modification associated with a change of the exterior building materials from hardy plank to stucco for Grand Bahamas, located within the Delray Park of Commerce at the northeast corner of Lake Ida Road and Congress Avenue (955 NW 17th Avenue). G. Approved (5 to 0), the architectural elevation plans associated with a previously approved Class V site plan for the construction of an eight (8) unit townhouse development known as the Terraces at Delray Beach, located at the northwest corner of SE 7th Avenue and SE 1st Street. H. Approved (4 to 0, Gary Eliopoulos stepped down), a Class I site plan modification associated with elevation changes for stair towers on the roof of a previously approved mixed-use project, Citywalk at Pineapple Grove (fka Pineapple Grove Building), located at the northwest corner of NE 2nd Street and Pineapple Grove Way (200 Pineapple Grove Way). Approved with conditions (5 to 0), a Class III site plan modification and landscape plan associated with the conversion of 1,800 sq. ft. of retail floor area to restaurant floor area for The Big Tomato, located on the west side of South Federal Highway, 300 feet south of Linton Boulevard (1840 South Federal Highway). City Commission Documentation Appealable Items Meeting of July 6, 2004 Page 3 Approved (5 to 0), a Class III site plan modification associated with the conversion of a 1,050 sq. ft. retail area to restaurant floor area along with a 149 sq. ft outdoor dining area for Christina's Restaurant located within the Ocean City Lumber's Complex on the east side of Pineapple Grove Way, north of East Atlantic Avenue (65 NE 2nd Avenue). Concurrently, the Board on a 4 to I vote (Dan Carter dissenting), recommended approval of the purchase of four (4) in-lieu of parking spaces. K. Approved with conditions (5 to 0), a Class III site plan modification and architectural elevation changes associated with the conversion of a warehouse to a warehouse/office for Dial-A- Clutch, located at the northeast corner of SW 15th Avenue and SW 8th Street (765 SW 15~h Avenue). Approved with conditions (5 to 0), a Class III site plan modification, landscape plan and architectural elevation changes associated with the installation of a 2,240 sq. ft. modular building and a 916 sq. ft. expansion of the body shop building for Ed Morse Cadillac, located on the west side of South Federal Highway, approximately 1,500 feet south of Linton Boulevard (2300 South Federal Highway). M. Approved with conditions (5 to 0), a Class V site plan and landscape plan associated with the construction of an 18,248 sq. ft. industrial building for House of Floors, located at the southeast corner of SW 10th Street and SW 10th Avenue. Concurrently, the Board approved a waiver to allow overhead doors to face the adjacent SW 9th Avenue right-of-way. The Board tabled the architectural elevation plan and voiced concerns with the architectural design of the west elevation, the false storefront windows, the proposed location of signage and the prominence of the center bay component. No Regular meeting of the Historic Preservation Board was held during this period. By motion, receive and file this report. Attachment: Location Map. CITY OF DELRAY BEACH, FLORIDA - City Commission Meeting - JULY 6, 2004 C-~ 5 CANAL SPRAB A - MEZZANINE PLAZA B - DUNKIN DONUTS C - WORLD GYM D- FIRESTONE STORE E- FIRESTONE STORE F - GRAND BAHAMAS G- TERRACES A T DELRA Y BEACH H - CITYWALKATPINEAPPLE GROVE I - THE BIG TOMA TO J- CHRISTINA'S RESTAURANT K - DIAL - A - CLUTCH L - ED MORSE CADILLAC M - HOUSE OF FLOORS MEMORANDUM TO: FROM: SUBJECT: MAYOR AND CITY COMMISSIONERS CITY MANAGER ~ AGENDA ITEM # 5~'" - REGULAR MEETING OF JULY 6, 2004 AWARD OF BIDS AND CONTRACTS DATE: JULY 2, 2004 This is before the City Commission to approve the award of the following bids: Purchase award to Motorola, Inc. in the amount of $34,410.00 for seventy-two (72) Motorola PMDC Application Software Licenses for electronic communication for the Police Department. Funding is available from 001-2113-521-49.90 (General Fund/Police Support/Other Current Charges). Purchase award to CCG Systems, Inc. in the amount of $62,000.00 for Faster Fleet Management Software for the City Garage. Funding is available from 334-6112- 519-66.10 (General Construction Fund/Renewal & Replacement/Software). Recommend approval of the above bids and purchases. S:\City Clerk\agenda memo\Bid Memo.07.06.04 MEMORANDUM FROM: THROUGH: DATE: SUBJECT: David Harden, City Manager Patsy Nadal, Buyer Joseph Safford,~nance Director 6/29/2004 Approval of Purchase - Motorola MDT (Mobile Digital Terminal) Client Licenses (Police Department) Item Before Commission: City Commission is requested to approve the purchase of seventy-two (72) Motorola PMDC Application Software Licenses from Motorola, Inc., for a total of $34,410.00. The application package consist of 21 Premier MDC Clients, 21 Talk Thru/RF Emulation Client Modules, and 30 Premier MDC In-house Client Software. Background: A recent audit of the Police Department client user licenses indicated that the department had far more users than current license issued. The department removed 70 client users that were non-critical to the operation of the area in order to correct the problem on a short term basis. The efficient operation of the Police Department depends on the ability to communicate electronically. With varying shifts and a limited access to Microsoft Outlook, the most effective method of communication is through the MDT system. Recommendation: The Police Department is recommending the purchase of seventy-two (72) Motorola PMDC Application Licenses for electronic communication. Funding is available from account number: 001-2113-521-49.90 Attachments: Memo from Chief Schroeder Memo from David Junghans, Administrative Service Director Proposal #Bo0405-35 o 0 o 0 o o o o o o o o o o o o o o 0 0 0 o 06/29/2004 12:01 FAX 5612437816 DELRAY BEACH POLICE ~002/002 May 25, 2004 Ms. Tina Lunsford, Asst. Director Support Svcs City of Delray Beach 300 W. Atlantic Ave. Delray Beach, FL 33444 Tel: (561) 243-7833 Re: Proposal BO0405-35 for Premier Mobile Data Computing Add-On Licenses Dear Ms. Lunsford: Motorola Inc., a Delaware corporation, by and through its Commercial, Government, and Industrial Solutions Sector, North America Group ("Seller"), is pleased to present to you, as "Customer," the enclosed proposal dated May 25, 2004 (the "Proposal"). This Proposal is based upon the enclosed Standard Terms and Conditions of Sale and is valid for 90 days. You may accept this Proposal by either signing where indicated on the Standard Terms and Conditions of Sale or by simply issuing a purchase order that refers to this Proposal number BO0405-35. We appreciate your consideration of this Proposal and hope you will find it acceptable. We look forward to receiving your response~ Please feel free to contact your Account Manager, Troy Hines, at (954) 723-8912, or Clark McCall at (352) 589-5721, if you have any questions regarding this proposal. Sincerely, (//,/Director of Business Operations v Public Safety Solutions--Motorola ISD Attachments Motorola, Inc., Integrated Solutions Division 6000 Spine Road, Boulder, CO 80301 U.S.A. Tel: -~1 303 527 4000 Attachment 1. Pricing PRICE DETAIL Otv Description Motorola PMDC Application Software - Includes: 21 Premier MDC Client ($730 par client) 21 TalkThru/RF Emulation Client Module ($280 per client) 30 Premier MDC Ir~-house Client Software ($440 per client) Motorola PMDC Application Software Subtotah Total Subtp~pl Total Price $ 34,410 $ 34.410 IMotorola Software Maintenance IMotorola Software Maintenance Ma ntenance Summarv Year I Warranty Year 2 $ :},441 Year 3 $ 3.579 Year 4 $ 3,722 Year 5 ~ 3,871 Year I Y~ar 2 IWarran~y J$ 3,441 Note: Maintenance pdcing is eased on 2004 rates, subject to then current rates upon commencement. Changes to configuration or count will result in a change to maintenance pricing. OPTIONS The following Options may be elected by the Customer upon Contract signing. The Customer must indicate which Option(s) are selected by initialing each selected Option. The Payment Milestones will be adjusted to reflect the total value of the System price plus the selected Option(s). Option #1 - MCNS Network Assessment $ 15,000 Delray Beach PMDC Licenses Confidential Proprietary May 25, 2004 Proposal BO0405-35 Pricing valid for 90 days. Attachments Page 1 Delray Beach Police Depart nent AIFAmeric= City ($6'1) 243-7888 Fax /$61/ 2,43-7818 Joseph L. Schroeder 1993 2001 Chief of Police MEMORANDUM TO: FROM: DATE: SUBJECT: City Manager David T. Harden Chief Joseph L. Schroede~~//~ April 5, 2004 REQUEST FOR FUNDS - MOTOROLA MDT CLIENT LICENSES In our meeting recently I informed you that in an audit of our client licenses we found that we had far more users than licenses. We immediately took steps to rectify the problem which included the removal of more than 70 client users that were considered non-critical to our operation. In addition, we requested and received approval from Motorola to maintain the remaining client users until we were able to request funding. The continued smooth operation of our department is dependent upon our ability to communicate with each other electronically. With varying shifts and the very limited access to Microsoft Outlook, the most efficient method of communication is our MDT system. We are requesting funding in the amount of $34,450.00 to carry us through the remainder of this budget year. With these funds we will be able to maintain 135 mobile client licenses as well as 28 in-house licenses. I realize the timing of this request for funds is not good as we find ourselves in the middle of the budget year. For consideration I would offer as a potential funding source our $12.50 funds which are collected by the County. We will be making our request for those funds within the next several weeks. Your consideration in this matter is greatly appreciated. ~ JLS/ppt Sorting ~'irh P.R.I.D.E. Pr(:f&~',~'io~ati.wn. Rc,vpe('~,, ]t~te~,t'iO, Di~ er. ffrr a~zd E~:cellctzcc AGENDA RE~UEST Request to be placed on: July 06, 2004 Date: June 29, 2004 XX Consent Agenda Special Agenda __ Workshop Agenda Description of agenda item: City Commission is requested to approve the purchase of seventy-two (72) Motorola PMDC Application Software Licenses from Motorola, Inc., for a total of $34,410.00. The application package consist of 21 Premier MDC Clients, 21 Talk Thru/RF Emulation Client Modules, and 30 Premier MDC In-house Client Software. ORDINANCE/RESOLUTION REQUIRED: YES NO X Draft Attached: YES NO X Recommendation: The Police Department is recommending the purchase of seventy-two (72) Motorola PMDC Application Licenses for electronic communication. Funding from account code: 001-2113-521-49_.9(~ ~,~ Department Head Signature: ~_ ~ Determination of Consistency with Comprehensive Plan: City Attorney Review/Recommendation (if applicable): Budget Director Review.(reouired on all items involving expenditure of funds): Fundfng available: Yes z/~.4.) No Funding alternatives: (if applicable) Account Number: ~,~l- Account Description: Account Balance: Ci~ Manager Review: Approved for agenda: Hold Until: Agenda Coordinator Review: Received: Action: Approved Disapproved MEMORANDUM FROM: THROUGH: DATE: SUBJECT: David Harden, City Manager Patsy Nadal, Buyer Joseph Safford, Finance Director July 01, 2004 DOCUMENTATION -CITY COMMISSION MEETING July 6, 2004-PURCHASE APPROVAL-CCG SYSTEM, INC. FASTER FEET SOFTWARE Item Before Commission: Bill Darty, Fleet Superintendent, is requesting approval for the purchase of Faster Fleet Management Software from CCG Systems Inc. at the cost of $62,000.00. Back.qround: The City Garage is requesting the approval of the CCG Faster Fleet software by MIS as previously viewed by Finance, MIS, Public Works, and Fleet Maintenance. A complete back-up package is attached and this software was approved in the FY 03-04 budget and previously by MIS. HTE AS400 is limited in the reporting areas needed by Fleet and requires additional time and paper work from all of our users. The CCG Faster system will track down time, log personnel on and off jobs automatically, track vehicle replacement, and eliminate a lot of unnecessary paper work and time by the user. This system will require MIS to do some conversions and it will need to integrate with finance and Fuel Master and was discussed in previous meetings with MIS personal. Recommendation: Staff recommends the approval of purchase Faster Fleet Management Software, from CCG Systems Inc. at the cost of $62,000.00. Funding from account code #334-6112-519-66.10 Attachments: Memo: Bill Darty, Fleet Maintenance Superintendent Guy Buzzelli, MIS Manager Faster Proposal MEMORANDUM TO: THRU: FROM: Guy Buzelli MIS . James Sc ' Pubhc Wor~Director, (interim) Bill Darty ~L Fleet Maintenance Superintendent DATE: June 11, 2004 SUB J: CCG FASTER FLEET SOFTWARE The City Garage is requesting the approval of the CCG Faster Fleet software by MIS as previously viewed by Finance, MIS, Public Works, and Fleet Maintenance. A complete back-up package is attached and this software was approved in the FY 03-04 budget and previously by MIS. As we know, the HTE AS400 is limited in the reporting areas needed by Fleet and requires a lot of additional time and paper work from all of our users. The CCG Faster system will track down time, log personnel on and off jobs automatically, track vehicle replacement, and eliminate a lot of unnecessary paper work and time by the user. This system will require MIS to do some conversions and it will need to integrate with finance and Fuel Master. All of this was discussed in all of our previous meetings and demonstrations. (,,& ooo, CCG Systems Inc. 612 Colonial Ave. Norfolk, VA 23507 1.800.75.FASTER fax 757.625.5114 SAL Fleet Management Software Implementation Date: July 8, 2003 Prepared for: City of Delray Beach Prepared by: Nakita RowelI-Stevens www.ccgsystems.com CONTENTS Why Choose FASTER? ..................................................... I The FASTER Product ....................................................... 2 Leading Edge Technology System Design Full Functionality Benefits The FASTER Services ....................................................... 3 Implementation Services Training and Education Opportunities Technical Support Additional Support Services ~[s CCG Right for You? ..................................................... 4 Mission Values Employees Hardware Specifications ............................................... 11 Product Pricing ............................................................. 18 The People We Serve .................................................... 26 WWW. ccgsys terns, corn 07/08/2003 City of Delray Beach CCG Systems. Inc Why Choose FASTER? FASTER will enhance your ability to: · Continually improve customer service · Become more competitive with the private sector · Communicate with customers and administrators · Access reliable information on a real-time basis · Improve decision-making based on reliable, timely information · Provide on-going quality training and learning opportunities to enhance skills and performance of: all employees. FASTER is able to support these goals through: · A fully functional, user-friendly system based on state-of-the-art system architecture and technology. · 20 years of experience providing responsive fleet management software solutions to the Industry · A commitment to excellence that differentiates CCG Systems, Inc. from others in the industry · Customer support and services that set the Industry standard · Our people, every single one, are experienced professionals dedicated to helping you make a difference. Page 1 of 30 07/08/2003 City of Delray Beach CCG Systems. Inc Leading Edge Technology The FASTER Product · True three-tier cllen~server, multi-threading · ODBC compliant (you choose the database) t4S Si~L or Oracle · Standardized Windows with GU[ Interface · 32-bit application System Design · Process driven and easy to use · Fully integrated (information available across all application processes) real time Information · [nformation intuitively displayed · Consistent screen design throughout the application · Suppor~ benchmarking against industry standards · Standard Windows conventions (drop down wfndows, scroll bars, tabs, string searches, etc.) · Flexibility through site-specific options · Real-time access for all fleet personnel Benefits · Increased technician produc'dvity · Optimized equipment utilization · More effective tracking of warranties on equipment, s~ocked and non-stocl<ed par~s · Cost control based on just-In-time inventory management · Cost control due to improved PM scheduling/compliance · [ncreased avallabllib/of equipment · Reduction in total cost per mile expenditures · Improved communication with customers · [ncreased service levels for customers · More effective supervision wil:h on-line tools · Reduced administrative overhead · Improved life cycle costing · More efficient fuel management · Increased competitiveness · Improved regulatory compliance Page 2 of 30 07/08/2003 City of Delray Beach CCG Systems. Inc The FASTER Services CCG's commitment to professional service is reflected in our continuing effort to set the industry standard for service and excellence. In order to Implement solutions responsive to your needs and to assist you in realizing maximum return on your investment, CCG Systems, Inc. provides the following: Implementation Services · Comprehensive implementation services · Professional project management · Complete, process-oriented documentation · Data Conversion Training and Educational Opportunities · Customized training conducted by fleet professionals · Annual FASTER System Administrator Training · Annual Site-Visi~s by CCG fleet professionals · Annual Regional training workshops · National Users' Conference featuring industry experts · Bi Monthly FASTER Workshops Technical Support · Remote diagnostics, troubleshooting, and training online using WebEx, providing the abilities to: - Show and annotate diagrams and schematics - Demonstrate how to use an application View and diagnose an application running on a customer's system Upload customer flies for analysis Download patches or updates Remotely reconflgure a customer's system Dramatically improve their problem solving capabilities · 24-hour technical support · Twenty 800 Support Lines answered by a person · Guaranteed maximum three (3) hour response time Additional Support Services · Monthly Newsletter - FASTER News · Quarterly Newsletter - For Customers On/y · Monthly Newsletter - Tech News · The CCG's Web page for project management tools, supplemental email, technical support, information knowledge base, and customer FTP site. 3 of 30 Page 07/08/2003 City of Delray Beach CCG Systems. Inc Is CCG Right for You? CCG Systems Is a company driven by its purpose, mission and values. The mission keeps every single member of the CCG team focused on a holistic approach to working with customers. At CCG, we understand that having software that is comprehensive and that works is only the beginning. The real and long-term benefits are in how the software is implemented, how fleet processes are explored and served via technology, how well every single fleet employee understands and utilizes the information available, and how the outcomes (real-time information and reports) assist the fleet operation in meeting objectives. We invite you to review them. Our Purpose: Our purpose at CCG is to help our customers make a difference wherever they are planted. Each person has different needs and sees the world through his or her own experience and knowledge, as well as his or her position within the organization. We must strive, always, to first understand the person we are trying to assist before we respond. The "right" answer for one is not necessarily the "right" answer for all. Above all, we will try to help them make a positive difference in whatever area of the organization they are currently serving. Our Mission: To provide all fleet personnel with real-time access to the best computerized fleet information system available, along with the support and learning resources needed to ensure that all individuals In the fleet organization have the information they need to meet their Individual, team and organizational objectives. Our Slx Abiding Values: A Commitment to serve, our number one value. At CCG, service to our customers Is at the core of all we do. We strive to serve each customer individually, as we understand ever customer Is unique, unique in the particular environment in which they operate, unique in the blend of individuals that compose their team and, certainly, unique In their particular challenges and needs. Every staff member at CCG understands that the customer comes first and our primary focus is on partnering with our customers to meet their objectives. Our second value is a commitment to open communication. At CCG, we believe that thorough, constant and open communication is key to keeping our customers, our associates, our vendors and our industry friends completely informed of what is happening at CCG and in the industry Itself. We publish a bi-monthly management newsletter, the FASTER News, a quarterly For Customers Only update, and a monthly Tech News published by our suppo~c staff. We continually update and inform our customers and friends in our frequent telephone, email and written contacts. No question is "off limits," as there are no secrets at CCG. Our third value Is a commitment to honesty, At CCG we tell the truth, even when it may not be what our coworkers, customers, friends or vendors want to hear. We are ethical in every single thing that we do. We do not promise what we cannot deliver; we do not say we have something we do not have and, when we make a mistake in judgment or are unable to live up to a commitment made in good faith, we accept responsibility for the error and strive to correct it. Our fourth value is a commitment to excellence. This commitment is not only to the FASTER software and services, but to recommending the best hardware and network, and/or client server platform and database for each individual site. The cornerstone in CCG's commitment to excellence is the ability to ask good questions. It is often shortsighted to provide a customer only with what they want. Instead, by discovering - through research, industry knowledge and probing questions - what the customer really needs and then meeting those needs, we assist our customers in achieving new levels of effectiveness. Our fifth value ia a commitment to providing a learning environment both within our organization and with our customers. AT CCG, we understand that people do the best they 4 of 30 Page 07/08/2003 City of Delray Beach CCG Systems, Inc can, based on what they know at that moment in time. Our goal Is to continually expand that base of knowledge both internally, at every level, and for our customers. An Inquiring mind, along with the desire to "pass it on'" is required of CCG staff members and all have and individual and evolving personal development plan. Our sixth value Is to Seek and Embrace Znnovatlon and Change. ][n today's fast-paced world, no one can thrive without continually re-evaluating their product and how they conduct business. The words "That's the way we've always don It" have never been used here. Instead, they are replaced with "What's working well? How can we make it even better? What new services can we develop to better assist each other and our customers? What new technology is available that can add value for us and/or our customrs?' Since the founding of CCG Systems, our philosophy has been one of constant, controlled growth. For the last ten years, our company has grown at the rate of 22% on average, per year. In 1987, we had 14 customers. We are now well over 250! Our objective has always been to add support personnel prior to growth so that each customer, old and new, feels important and knows that the FASTER team understands their unique needs. Certainly, maintaining this intimacy is a challenge, one that we are meeting by better use of technology, as well as additional staff. At the core of everything we do, however, is the understanding that technology, though an aid, does not make the vital difference-people do. Our motto at CCG is, "If you want a product, buy anyone; If you want a partner, Join with CCG and, together, we will make a difference." Page 5 of 30 07/08/2003 City of Delray Beach CCG Systems, Inc Hardware Specifications General specifications for the Optimal FASTER Environment FASTER is a true client/server software application with a standard Graphical User interface (GUI). The FASTER application requires a standard database and Windows 2000 Server. The optimal networking protocol is Ethernet; however, Token Ring and hybrid systems are acceptable using TCP/[P. FASTER is also in production at sites running a Novell network with a Windows 2000 Server sharing the Ethernet. IPC is handled via named pipes, so a domain setup is required. Capability of high speed transmission over the LAN and WAN from the server to the client has significant ramifications on the application's response times. The preferred set up is NTFS for both the Server and client. Placement of the Windows 2000 Server and Database is important: The fastest, simplest configuration has the Windows 2000 Server and Database in the same location as the local area network. In this case, CAT-5 cable is sufficient with NIC cards and Hubs/switches, both installed to support: 10/100 Base-T. If the Windows 2000 Server and Database are located at a central site with network clients located at remote sites, and connectivity is through a wide area network (WAN), a T1 transmitting over Fiber is the best option. Where Fiber is not available, a standard T1 over conventional lines will provide the best performance. If necessary, other WAN solutions are acceptable, but transmlsslon speed must be at 10MB per second, or the connection will not provide satisfactory response times. For smaller sites (20 Users or less) using MS S(~L Server, the database and Windows 2000 server can reside on the same server with good results. However, providing a separate server for the MS S{~L database and one for the Windows 2000 server for the application (database server and application server) is the best configuration for sites larger than 20 Users. For sites utilizing an Oracle database, a separate database and application server are recommended for the best results. FASTER supports thin client using Terminal Server and Citrix Metaframe and is in production with both products. Specifications and configurations for thin client are listed later. Installation and Support for Windows 2000 and Database Installation and suppor~ of the Windows 2000 Network, the database and any supplemental software programs and applications are the responsibility of the site personnel. If these services are not available within your organization, it is suggested that they be contracted from an outside local vendor. These services are vital to providing a stable and efficient environment for the FASTER Application. Support for the database will need to be provided by site personnel. CCG Systems will assist in setting up the tables for FASTER once the database is set up; however, there needs to be an onsite FASTER Database Administrator (DBA). Their tasks include but are not limited to: · Building new databases. · Adding Iogins and users to the database. · Granting permissions to tables and users. · Writing scripts and queries in S(~L language. · Creating backups and schedules. · Restoring backups and files. · Haintalning data integrity by managing Indexes and keys. · Installing service packs and upgrades. · Building ODBC connections for ail users. · Thorough knowledge of FTP file transfer procedure Page 11 of 30 07/08/2003 City of Delray Beach CCG Systems. Inc [n addition, there are situations and circumstances that arise unpredictably that a DBA should be capable of handling. Crystal Reports - Ad Hoc Report Writer The recommended report-writing tool is Crystal Reports version 8.5, Professional Edition. This product can be obtained from most resellers or directly from Crystal Decisions www.crystaldecisions.com. [t is not sold by CCG Systems. The product is required only for sites deciding to write their own reports to the FASTER database or edit the standard reports. Although the standard reports in FASTER are written in Crystal Reports, users do not need the Crystal Reports sof~ware to run reports. Please call CCG prior to purchasing Crystal Reports Professional 8.5. Report Writer Training Report writer training Is offered by CCG Systems, [nc. Regional Training for Crystal Reports The three day class is scheduled throughout the year all over the country. The Regional trainings are group sessions limited to 12 students, each with their own PC and database to work with over the three day period. The students will receive instruction on the database and data table design in FASTER, Crystal Reports Professional 8 overview and introduction to report writing, basic report formatting, layout and display options, and basic formulas. Special topics relating to FASTER will be reviewed and discussed that provide short cuts even for users familiar with writ)ng Crystal reports. CCG Systems, ThC. recommends that report writer training be included with the FASTER implementation for at least 2 people. While the standard reports within FASTER are extensive and Crystal is nOt necessary to run them, many times there are minor modifications necessary to create the exact report a user needs. Having Crystal training provides a site with the ability to use these standard reports as templates and modify them to meet specific needs or to write their own. It is a fast and easy way to provide managers with the exact information they need. Onglte Specialized Report Writer Training On occasion, site information and reporting requirements are very specific and CCG Systems, [nc. recommends a site specific reporting package that includes the 3 day class mentioned above along with specific site assistance in design and assistance with special reports. These packages would include up to 12 Users for a class scheduled in the local area of the site and held in a rented training facility that would provide the specialized hardware/classroom set up necessary for the class. Additional days may be added to include training on Crystal Reports Web Server set up, Special Reports definition and design, and/or Advanced or specialized Crystal Reports Training. These activities could be executed onsite Options Available for Thin Client and Workstations Network Terminals and Workstations To support network terminals (WinTerm) or Windows 95 and Windows 98 Clients, Windows 2000 (which includes terminal server) is used as the operating system on one of the FASTER Clients. This device is configured under the t4TS. This requires additional licensing from Microsoft. MTS is purchased with licenses along with an individual Windows 2000 Workstation license for each device. Additionally, each device needs a CAL. The recommendation for thin client assumes there is onsite expertise and maintenance support for Terminal Server or CITRZX Metaframe. F~ Page 12 of 30 07/08/2003 City of Delray Beach CCG Systems, Inc Remote Dial-in Support or Support of Non-windows Based PC's To support remote dial-in or non-windows PC's, a Windows 2000 Network will need to be established to include a FASTER Client running Windows 2000 Terminal Server Edition and CTTRZX Metaframe. This configuration requires licensing from Hicrosoffc and CI-I'RIX. Remote dial-in is not recommended for any other configuration. Additional Site Requirements The Fleet Organization will need several set up items established to operate efficiently and to take full advantage of this technology. Tnternet connection (even if restricted) for use of the CCG System, Inc. technical support and FTP web site. · Emall that allows for file transport. · Microsoft Office to allow for the viewing and printing of the documentation wri~en in HS Word. Operating Systems Application Server: The FASTER Server software requires Windows 2000 (SP1 or better) with licensing for number of clients equal to users. Windows NT Server (SP6) is supported. FAT Clients: The FASTER FAT client requires Windows 2000 (SP1) or Windows XP (most recent SP). Windows NT Workstation (SP6) is supported. Databases MS SqL 2000: [s the recommended database for a FASTER implementation. Oracle: The recommended version of Oracle is 91. The optimal environment with an Oracle database is UN]~X. The configuration should include a separate application server and database server. This means that two servers will be necessary to operate FASTER under Oracle: one Windows 2000 Server as specified for FASTER and a database server. Utilities and Other Software Utilities: Defrag program for Windows 2000 for both the Server and each client. Dlskeeper is recommended. Estimated Cost: $400 for server and $75 for client versions Screen Print program. This program provides users to print the screens selectively. Screen Print Gold is a recommended program. Estimated Cost: $$0.00 per copy www. softwarelabs, com Antivirus package: This should meet the needs and standards of the organization. Back up Program: Any Windows 2000 compliant package or utilities that are supplied with the database. Ultrabac by I~E! or equivalent. If third party software is elected (not necessary with MS S(~L) when purchasing backup soft:ware, an "Open File Agent" should be specified. This is an additional module to backup software that is not included with standard packages. It allows the program to perform a back up on "open files." Estimated Cost: For pricing call 206,644.6000 Purchaaing Hardware and Peripheral Devices Keep in mind the following important issues when purchasing your hardware. 1, Because hardware technology is changing so rapidly, ordering your hardware too far in advance may result In having outdated hardware at the time of implementation. Page 13 of 30 07/08/2003 City of Delray Beach CCG Systems. Inc 2. All hardware purchased/used must be compatible with Windows 2000. To verify, check your hardware purchases against Microsoft's Hardware Compatibility List, which can be obtained on the Internet at www.microsoft,~;orn/hwtest/. 3. You might consider purchasing any of the suggested configurations listed below. They have been tested by CCG and found to work well. 4. When purchasing either the server or clients, try to purchase units with the highest processor speed (measured in Megahertz or MHz) available at that time. 5. Hardware prices listed below are intended to provide guidelines. Hardware specifications listed below represent minimum standards and minimum requirements to load and run the Windows 2000 Operating System alone. When "sizing" your system, consideration should be given to requirements for running the operating system as well as any other software you expect will run on your system server. Hardware Specifications Minimum Server Requirements Server and Database on Same Machine for 20 Users or Less Windows 2000 Application Server with MS SC~L 2000 Database on Same PC (For sites 20 Users or less) Minimal Requirements are a top-end Intel PC certified for Windows 2000: · Pentlum [Ir, 750 MHz, with 3 1/2 "disk drive CD-ROM - SCSI 10x, or higher (Dual Processor Optional) · 512 MB RAM minimum and a GB RAM recommended for over 15 Clients · Dual Ultrafast Wide SCS[ 9 GB hard disk drives with SCSI Controller · 3 COM Ethernet card - 10/100mb depending on Network · 14" VGA Monitor & SVGA Video Card with 4 MB Estimated Cost: $3,500 - $7,000 Minimum Server Requirements More Than 20 Users and/or Thin Client Solutions Windows 2000 Application Server Minimal Requirements are a top-end Intel PC certified for Windows 2000: · PenUum 111, 750 MHz, with 3 1/2" disk drive CD-ROM - SCSI 10x, or higher (Dual Processor Optional) · 512 MB RAM minimum and a GB RAM recommended for over 15 Clients Dual Ultrafast Wide SCSI 9 GB hard disk drives with SCS[ Controller · 3 COM Ethernet card - 10/100mb depending on Network · 14" VGA Monitor & SVGA Video Card with 4 MB Estimated Cost: $3.500 - $7,000 Windows 2000 Server When Tmplementing a Thin Client Solution (Terminal Server) · Pentlum IIl, 750 MHz, with 3 1/2 "disk drive CD-ROM - SCSI 10x, or higher (Dual Processor required) · 512 MB RAM minimum for under 12 clients -- 1 GB RAM for over 12 clients r~-mmr~~. Page 14 of 30 Trust us to be there. 07/08/2003 City of Delray Beach CCG Systems, Inc · Dual Ultrafast Wide SCSI 9 GB hard disk drives with SCSI Controller · 3 COM Ethernet card - 10/100mb depending on Network · 14" VGA Monitor & SVGA Video Card with 4 MB Estimated Cost: $$,000 - $10,000 Windows 2000 Server When Zmplementlng a Thin Client Solution (Citrix Metaframe) Pentium III, 750 MHz, with 3 1/2 "disk drive CD-ROM - SCSI 10x, or higher (Dual Processor required) · 1 GB RAM · Dual Ultrafast Wide SCSI 9 GB hard disk drives with SCSI Controller · 3 COM Ethernet card - 10/100mb depending on Network · 14" VGA Monitor & SVGA Video Card with 4 MB Estimated Cost: $5,000 - $12,000 MS SqL Server as a Database Server · Pentlum III, 750 MHz, with 3 1/2 "disk drive CD-ROM - SCSI 10x, or higher (Dual Processor required) 512 MB RAM minimum for under 12 clients -- 1 GB RAM for over 12 clients · Dual Ultrafast Wide SCSI 9 GB hard disk drives with SCSI Controller · 3 COM Ethernet card - 10/100mb depending on Network · 14" VGA Monitor & SVGA Video Card with 4 MB Estimated Cost: $$,000 - $10,000 Using the Oracle Database with FASTER Fleet Maintenance Management Software This configuration should include a separate application server and database server. This means that two servers will be necessary to operate FASTER; one Windows 2000 Server as specified and a database server. Oracle Database Server The preferred operating system for an Oracle Database server is UNIX. CCG Systems, Inc. has found the UNIX environment to be more supportive of Oracle than Windows 2000 and XP. Windows 2000 will support Oracle and the database is functional at FASTER Sites. Requirements: · Multiple Processors · Multiple Disk Drives · Minimum of (1) GB of RAM Using Windows 2000 for the Oracle Database · Pentium III, 750 MHz, with 3 1/2 "disk drive CD-ROM - SCSI 10x, or higher (Dual Processor required) · I GB RAM · Dual Ultrafast Wide SCSI 12 GB hard disk drives with SCSI Controller · 3 COM Ethernet card - 10/100mb depending on Network r~s'r~' Page 15 of 30 07/08/2003 City of Delray Beach CCG systems. Inc 14" VGA Monitor & SVGA Video Card with 4 MB Estimated Cost: $$,000 - $10,000 Client Specifications Thick Clients: OS - Windows 2000 (SP1) or Windows XP (most recent SP) · Should be an [ntel Pentium [[! PC 500 mhz · CD-ROM - 24x or higher · 10 GB or higher Hard Disk Drive Est/mated Cost: $f,200 - $3,000 · 256 MB RAM · 3 CON Ethernet Card 10/100mb depending on network · 17", or larger, VGA Monitor with SVGA Video Card with 2 MB Thin Clients: The thin client solution supports minimally configured PC's or Terminals. The recommendation for thin client assumes there is onsits expertise and maintenance support for Terminal Server or CZTRZX Metsframe, Please check with CCG Systems. System Backup Size will depend on the size of your hard disk drive & must be supported by the Windows 2000 operating system. Purchase software with Open File Agent module. Estimated Cost: $:~,000 - $1,$00 Dlagnoetlcs Each site must provide access to CCG Systems' Staff to receive dial-in diagnostics. This may be accomplished either through the use of the !nternet and WebEx, which is the preferred method, or through a dial-in modem. The client receiving the interactive session must have the following installed on it: · Database client · FASTER client software · FASTER administrative tools · PC Anywhere · Windows 2000 · Administrative tools £f the PC Anywhere option is elected, the PC Anywhere sof~ware, modem and phone line should be installed as part of the network installation, tested, and ready prior to the arrival of CCG Systems Sta~ An option to modem access is a TCP/IP connection for PC/Anywhere. Bar Coding Hardware As an option with the FASTER Software, the Bar code module can be purchased. This module supports the printing and reading of barcode labels for parts and the work order. CCG Systems, Inc. recommends and installs ONLY the following hardware. Hardware can be purchased through CCG Systems or directly from the distributor. CCG Systems, !nc. will not install or guarantee any substitutions of the following bar coding hardware. A bar code label printer is necessary at all locations receiving parts. A reader is necessary at all locations that bar code labels will be used for data entry. The inventory hand held is only used during physical inventory. ~ 16 of 30 Page Trust us to be b3ere. 07/08/2003 City of Delmy Beach CCG Systems, Inc Printer To print labels on the work order, the work orders must be printed on a laser prfnter. Datamax [-4208 Bar Code Label Printer (203 dots-per-inch; 8 inches per second; Serial & Parallel; 3 year warranty) $1595 Labels [4.5" by 1"] hlinimum order 6 rolls (2500/roll @ $45.00/ro11) $270 Ribbon (1 ribbon / 4.3" wide @ $$40.00 ea.) Minimum of 2. $80 Note: Requires a Null Modem Cable (laplink cable) with 9 pin female to 25 pin male (default length is six feet) Total $I 945 Bar Code Reader PSC Power Scan (Reader) $1,140 Or Or Cordless PSC Power Scan (includes base unit, power supply, and cable/keyboard por~) $1,800 Tnventory Handheld SPT 1700 Palm Pilot with 8 MB hlemory $973 Communication Cradle $90 Or Or Desktop Cradle with serial cable and power supply $145 Desktop Software Downloaded from http://www.palm.com/suppor~/downloads/wfn_desktop.htm. F~' Page 17 of 30 07/08/2003 City of Delray Beach CCG Systems, Inc Product Pricing Basic Services FASTER Basic System Software & I Year Warranty - Windows 2000 Platform FASTER Server Software using PIS SQL $18,000 FASTER Client Software - 6 @ $1,800 each 10,800 Fuel Interface - 1 @ 1,950 each 1,950 Total Software Costs Using MS S(~L $30.750 Any site that is planning on establishing both a production and testing system will need to discuss this plan prior to contract negotiations to assure adequate services are provided in the proposal. ProJect Management Given the myriad tasks and activities involved in the successful Implementation of a complex system, CCG systems, [nc. works as a team on all installations. A CCG professional will be assigned as Project Manager who will act as liaison between CCG Systems, [nc. and the City of Delray Beach, with responsibility for evaluating site readiness for installation, establishing a site- specific installation and training plan, and coordinating all implementation activities. The ProJect Team will include a system software installer and professional trainer versed in training techniques as well as fleet processes and issues. The team will partner with the City of Delray Beach during the entire implementation and training process to ensure a smooth implementation and transition. Total Cost $10,000 Xnltlal Xnstallatlon and System Administrator Xnstruction The purpose of this visit will be to install the FASTER software on a stabilized network and installed database, test all connections and response times, set up the program files and populate the tables. In addition, initial instruction for the site's designated FASTER system administrator will take place. For your operation we recommend: Four (4) days (32 hours) onsite at $1000 per day Travel and Living Allotment $4,000 1,400 Total Cost $$,400 Onslte Training for City of Delray Beach Staff - Session I - Train the Trainer The purpose of this visit will be to conduct concentrated train the trainer sessions for those City of Delray Beach staff who have been identified as FASTER system onsite trainers. Prior to training, an outline and schedule will be developed. We recommend: Three (3) days (24 hours) onsite at $1000 per day Travel and Living Allotment Total Cost $3,000 1,200 $4,.200 Page 18 of 30 07/08/2003 City of Delray Beach CCG Systems, Inc Onsite Training for the City of Delray Beach Staff - Session 2 - User Training The purpose of this visit will be to conduct specific training for the City of Delray Beach staff in preparation to going live on the FASTER training. Prior to training, an outline and schedule will be developed. We recommend: Three (3) days (24 hours) onsite at $1000 per day Travel and Living Allotment $3,000 1~200 Total Cost $4,200 Onslte Training - Session 3 - Follow Up Training (OPTZONAL) Follow-up training will take place 3 - 6 months following the installation of the software. The benefits experienced from better knowing how to utilize FASTER will certainly be greater from the additional training at a cost of $1000 per day plus travel allotment. This can be scheduled as go live training or utilized differently depending upon the site needs. We recommend: Three (3) days (24 hours) onsite at $1000 per day Travel and Uvlng Allotment $3~000 1,200 Total Cost $4,200 Additional Services Crystal Reports Training (OPT.~ONAL) CCG Systems, Inc. offers P, eglonal Training Session for Crystal Reports Professional. These sessions are announced and open to all FASTER Users. The classes can be hosted by FASTER Sites with training facilities adequate for this level of instruction or the facility needs to be rented from a training company; therefore, the class prices range from $750 to $1,100 per person for the 3 day training session. For budget purposes, the maximum price should be used and may be less. Crystal Reports Training for One (1) Person $1z~JO0 Work Flow Process Evaluation with Recommendations (Optional) This service provides a review of the workflow process within your operation. Through onsite observation and discussions with end users and management an existing process diagram will be created. A debriefing exercise will follow recommending improvement and process change, with an optimal process diagram. · Work flow process diagram/flow chart · Debrief Exercise · Recommendations for improvement and change · Optimal work flow process diagram/flow chart Cost for Work Flow Process $15,000 -$65,000' *Total cost will depend on the complexity of the organization Page 19 of 30 07/08/2003 City of Delray Beach CCG Systems. Inc Annual Support Services After First Year Support services are renewable annually at 20% of the total cost of all the software products, interfaces, and customizations. FASTER Server MS SQL FASTER - Client Software - 6 @ $300 each Fuel Znterface Total Annual Support Costs with MS SQL $3,000 1,800 300 $;,100 Customized services billed at 20% of total TBA If a testing system is to be established in addition to a production system, there may be additional support services fees. P/ease discuss with CCG prior to contract negotiations. Standard Billing Capabilities (No Additional Cost) An Accounting Extract is provided as a standard feature of the FASTER system. For each billing period, an extract is created. This program captures and stores all costs associated with each piece of equipment, including but not limited to; parts, labor, fuel, indirect labor, and other miscellaneous costs, mark ups, and identifiers for categories and the reason, group and component code for repairs. This data is used in preparing the system's Standard Billing Report. The Accounting Extract, along with completed Accounting credit and debit information, can provide a site with adequate information stored in the billing tables to write their own customized billing report and supplemental export for an accounting interface. The Standard Billing Report meets most facility needs where billing is made to a single account code for a given piece of equipment. [f the standard report does not fully satisfy requirements, a program can be written to generate a custom billing report and supplemental export file for your accounting interface. Customized Reports and Accounting Znterfaces No customization has been included in this proposal, This figure can be provided after full definition of the needs of the City of Delray Beach. Reports can be written from the standard accounting extract by almost anyone with report writer experience or training. Training and or contracted customized report writing is fairly simple and can be arranged through CCG on a site-to-site basis. At some facilities, staff programmers create the reports. At others, fleet or administrative staff have taken on the responsibility after taking a brief (several days) training course. [f necessary, CCG will create the reports and our fee for this type of customization is $1000 per day. CCG will provide an estimate after a review of your requirements and file layout. [f customized reports or accounting interfaces are identified, a budgetary figure from 2,000 to 15,000 should be included in pricing proposal. The process for all customized reports and interfaces includes several stages and are considered work outside of the basic implementation plan and therefore are invoiced separately. 1. The project must first be fully defined and clear specifications written. This is the most time consuming and challenge part of the project. CCG uses email, conference calls and documentation for clarification; however, site personnel need to meet and succinctly specify the purpose, outcome and content to be included in the customized report. 2. After final specifications have been created, a final document with scope of work providing the layout, data fields and formats for the customized report/interface needs to be written and submitted. At this point in time, a firm quotation for the customization can be provided by CCG. Invoicing for any customized accounting interfaces or special customizations will be billed as a separate project and will take place OUTS[DE of the contract. 20 of 30 Page 07/08/2003 City of Delray Beach CCG Systems. Inc 3. The customization is written off site from the scope of work and tested on sample files and/or sample database tables. 4. The final stage for customization is the testing, implementation and modifications necessary. This phase of the customization can frequently be accomplished through FTP transfers, dial in diagnostics, and minor adjustments to the programs or reports off site. However, in some cases and based upon the complexity of the project, it is necessary to execute these tasks onsite. CCG will make this determination in advance and calculate the onsite costs at $1000/day + $200/day living + travel (mid week air line ticket) Data Conversions No data conversion services have been Included In this proposal. The following worksheet can be used to establish an estimate. The conversion process begins during the pre-installation phase of the implementation and involves several progressive tasks. 1. Data elements from one system need to go through an interpretation to be converted to another. CCG Systems, Inc. has developed a thorough data mapping process. The process begins with guidance and information about the FASTER Data Fields provided by the ProJect Manager. A data mapping form is then completed to assure all fields are properly converted from the existing system to the FASTER System. This data mapping is extremely important to assure data conversion is both accurate and valid. Transfer f-ledlum: There are several acceptable forms of transfer medium for the data files. Email can be used for files less than 10 megabytes. For larger files, a zip drive or CD is acceptable. 2. Once the data has been mapped, CCG Systems offers two options for data conversion outlined below. As a guide to estimating the conversion of data from a system other than FASTER, the following pricing estimate worksheet has been prepared. The data conversion is priced per FASTER table to be populated with converted data. For each table, a separate conversion must be written and data converted through a separate process. There are two pricing levels for establishing a conversion estimate: CCG Formatted EXCEL Sheets: Data supplied in a CCG Formatted EXCEL spreadsheet is much simpler to work with and the preferred source of data. Each site is supplied with a CCG Formatted EXCEL sheets which are used to provide the data for conversion. These forms are available through the Customer FTP site. This is the least expensive option available. User Defined Formats-' Data supplied in a User Defined format (EXCEL, ASCZ! delimited files) are more difficult to convert and consume more time in preparing the data for conversion. The data definitions, file layouts, and data mapping forms are required to execute these User Defined conversions. Many times, there are fields included in User Defined format which are empty or which will not be used. It is better if these are removed from the file and/or must be identified prior to the conversion. Page 21 of 30 07/08/2003 City of Delray Beach CCG Systems. Inc Data Conversion Pricing Worksheet Description Total Cost CCG-Formatted User Defined of FASTER Table (The field names for each of Excel Price Per Price Per Converted the tables are provided on the Table Table or Field. attached sheet.) Data Equipment This is descriptive data for the Haster Master Record Znformatlon 500.00 1,500.00 EHEADER Table This is information which fills the PM schedules for the Equipment PM Equipment PH table. The Schedules definition for this conversion 500.00 1,500.00 should include the intended EPM Table FASTER PM Codes for the mapping of data. If equipment warranty Equipment information is available for Warranty conversion, the definition for 300.00 900.00 this conversion should include EWARRANTY Table the intended FASTER Warranty codes. The conversion of odometers to Equipment the EHETERTable. If Meters replacements of old meters are 200.00 600.00 included, this should be EiVlETER Table included in the definition. This information is converted to Equipment FASTER in summary only. 1,000.00 3,000.00 History Summary means the piece of equipment with total dollars for EH[STORY Table the months and years. Parts Master This is descriptive data for the Znformstlon IVlaster Record. 500.00 1,500.00 PHEADER Table Parts Warranty This is information converted Znformatlon into the FASTER Part Record for 300.00 900.00 PWARRANTY Table warranties. This information is converted to Parts History ! FASTER in summary only. 1,000.00 Summary means part number 3,000.00 PHISTORY Table with summary totals by month and year. Each code is a separate TLT Codes conversion and should be 500.00 150 per code quoted separately (DPN, Flat fee for from old TLTABLE Table MZD, EqCt Iqakes, Models, table, system PTCr Fuel Typesr etc.). ~ll~)' Page 22 of 30 Trust us ~ be there. 07/08/2003 City of Delray Beach CCG Systems. Inc ' The unique structure of the FASTER repair code design is built upon entry from multiple tables therefore, Work Order Detail is not an option. Work Work Order Order Summary means that Summary the total cost of a Work Order with associated 1,000.00 3,000.00 WCOST Table equipment number will be posted to a specially marked WHEADER Table and dated Work order in FASTER, Work Order Converted Number Equipment Number, Date and Time, Total Cost, Meter related information These conversions are the most difficult and involve the most 300.00 :[50.00 per User Reference amount of time in determining This is a fiat fee User Field the exact information to be for the User Reference Conversions converted. A complete Reference Field to be definition of what the Table. converted to UserRef Table information represents and its FASTER. format should be included. Vendor Table Pvendor Table Populated with Code, Name, 500.00 ~.,500.00 Address~ Contact information Motor Pool Department ID Number Department Name Module Only Address Phone 300.00 900.00 Motor Pool FAX Department Web site Tables email This table is related to a specific entry in the department table. There cannot be a conversion of accounts without a conversion of Department information. Motor Pool Module Only Department ID (related to Department Table 300.00 900.00 Motor Pool Account ID Point of Contact Account Tables Address City State Zip Phone Description Account Code Master This is Account Codes used Znformatlon through the systems in Part 300.00 900.00 and Equipment purchases. ACode Table Equipment This is the Account Code or Account Table Codes attached to individual 500.00 1,500.00 Equipment records for cost Eaccounts Table accounting. Information. r~-~. Page 23 of 30 07/08/2003 City of Delray Beach CCG Systems, Inc A table that allows the User to add an Unlimited number of Equipment Use Codes to be attached to 300.00 900.00 Usage Table specified Equipment Numbers. Per Use Code Per Use Code Use codes may be used in EUseCode Table Reports and Searches to View very selective groups of Equipment. A table that allows the User to add an Unlimited number of Part Usage Use Codes to be attached to 300.00 900.00 Table specified Part Numbers. Use Per Use Code Per Use Code PUseCode Table codes may be used in Reports and Searches to View very selective groups of Parts. Purchase Order Znformetlon This is Purchase Order codes used through the systems in 500.00 1,500.00 Part and Equipment purchases. PNOrder Table Repair Type Znformatlon The Repair Type Codes are used In Labor, Part and Sublet 500.00 1,500.00 Repair Type Code Transactions to Work Orders. Tables Conversion of FASTER Generic or Customer supplied Codes. TLT Codes This conversion can involve more than 70 separate codes /.,000.00 1,500.00 TLTABLE Table required for correct system function. NOTES 1. All application software costs include a CD with all documentation. Copies of the documentation are not limited. Hard copies can be purchased from a third party vendor. Please contact CCG Systems, Inc. for information. 2. Training and follow-up training are vital to maintaining a high level of proficiency within your operation. Including additional onsite training days in your yearly support services is one way to maximize your staff's potential. The cost of training/consulting Is $1000 per day plus travel and living. It Is necessary that when a NETWORKED version of FASTER has been selected that preparation for the FASTER installation include a fully operational network. Payment Schedule (for both Basic and Additional Services) Invoiced at the issuance of PO .......................................................................... 30% of total contract Invoiced at the installation of the software ..................................................... 30% of total contract [nvolced at the completion of the initial training ........................................... 20% of total contract Invoiced at the acceptance of the system ....................................................... 20% of total contract Invoiced at completion ..................... ~.00% of all accounting interfaces or special customization Pricing In this proposal is valid for 6 months after date submitted. F~' Page 24 of 30 07/08/2003 City of Delray Beach CCG Systems, Inc Summary Pricing Ztem Description Total FASTER Sof~ware MS SQL Database FASTER Server, 6 clients, (:t) Fuel interface $30,750 [mplementation services and project $10,000 ProJect Management management [nstallation of the FASTER System $5,400 Installation Onsite services includes travel and living 6 days (48 Hours) onsite includes travel and User Training living $8,400 Total First Year Cost $$4,$$0 Annual Support Service Renewable support agreement with CCG (after first year) ! Systems. All items. $5,100 Onsite Training - Session 3 - Follow Up Training $4,200 3 Days (24 hours) Crystal Reports Training (1) a~endee to a 3 day Regional Session for $1,100 Optional Services FASTER Crystal Reports writing Accounting [nterface TBA Not to exceed $5,000 (not included in total) Data Conversion TBA Not to exceed $8,000 (not included in total) 25 of 30 Page AGENDA REQUEST Request to be placed on: July 06, 2004 Date: July 1, 2004 XX Consent Agenda Special Agenda Workshop Agenda Description of agenda item: City Commission is requested to approve the purchase of the purchase of Faster Fleet Management Software from CCC Systems Inc. at the cost of $62,000.00. ORDINANCE/RESOLUTION REQUIRED: YES NO X Draft Attached: YES NO X Recommendation: Staff recommends the approval of purchase Faster Fleet Management Software, from CCC Systems Inc. at the cost of $62,000.00. Funding from account code: 334-6112-519-66.10 Department Head Signature: Determination of Consistency with Comprehensive Plan: City Attorney Review/Recommendation (if applicable): Budget Director Review (reqHir_e.d on all items involving expenditure of funds): I-----~n'din g available: e~'-") ~ No Funding alternatives: (if applicable) Account Number: Account Description: ~?.,,t.~ Account Balance: City Manager Review: ~Po~°[~ :f°r age nda:~) /~ No Agenda Coordinator Review: Received: Action: Approved Disapproved TO: THRU: FROM: SUBJECT: MEETING OF JULY 6, 2004 CONDITIONAL USE REQUEST TO ESTABLISH A MONUMENT AND ORNAMENTAL STONE CUTTING FACILITY FOR GRANITE AND MARBLE DESIGN, LOCATED AT THE NORTHEAST CORNER OF CONGRESS AVENUE AND DR. CAROL KROL WAY (321 NORTH CONGRESS AVENUE). The conditional use request is to establish a monument and ornamental stone cutting facility for Granite and Marble Design. The subject property is Parcel "A", Lembo-Lupo Park of Commerce, and is 1.18 acres. The property, which is zoned Mixed Industrial and Commercial (MIC), was developed in 1984 and contains a 14,400 square foot industrial building with associated parking and landscape areas. On September 3, 2002, the City Commission approved a conditional use application to establish a monument and ornamental stone cutting facility within the southern two (2) bays of the structure for this business. The business has grown and has relocated from the previously approved bays into the northern four (4) bays of the same building. Therefore, an application has been submitted to establish the monument and ornamental stone cutting facility at this new location. Additional background and analysis can be found in the attached Planning and Zoning Board Staff Report. At its meeting of June 21, 2004, the Planning and Zoning Board held a public hearing in conjunction with the conditional use request. No one from the public spoke on the item. The Board voted 6-0 (Krall absent) to recommend that the conditional use request to establish a monument and ornamental stone cutting facility for Granite & Marble Designs be approved, based upon positive findings with respect to Chapter 3 (Performance Standards) and Section 2.4.5(E)(5) of the Land Development Regulations, and policies of the Comprehensive Plan, subject to the condition that there is no outdoor storage of material and that no element of the stone cutting business be conducted outside. Move approval of the request for conditional use for a monument and omamental stone cutting facility for Granite and Marble Design, by adopting the findings of fact and law contained in the staff report, and finding that the request and approval thereof is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.5(E) (5) and Chapter 3 of the Land Development Regulations, subject to the following condition of approval: ~ That no storage of materials, stone cutting, or any other aspect of the business is conducted outside the confines of the building and that a note to this effect is provided on the sketch plan by the applicant. Attachments: Planning and Zoning Board Staff Report of June 21, 2004 PLANNING AND ZONING BOARD ,.;ITY OF DELRAY BEACH ---STAFF REPORT--- MEETING DATE: AGENDA ITEM: ITEM: June 21, 2004 IV.B. Conditional Use Request to Allow the Establishment of a Monument and Ornamental Stone Cutting Facility for Granite and Marble Design, GENERAL DATA: Owner ................................ Philip Homick, Tempest Associates Agent / Applicant ...............Jose Silvio Costa Silva Location ............................. 321 North Congress Avenue (Northeast Corner of North Congress Avenue and Dr. Carol Krol Way) operty Size .....................1.81 Acres Future Land Use Map ........ Commerce (CMR) Current Zoning ................... Mixed Industrial and Commercial (MIC) Adjacent Zonin§ North: MIC ,South: MIC East: MIC West: mlC Existing Land Use .............. '14,400 sq.ft, mixed industrial and commercial building. Proposed Land Use ........... Mronume~i~ and Ornamental Stone Cutting Facility within the four (4) northernmost bays (6,400 sq.fl, total). Water Service .................... Existing On Site. Sewer Service .................... Existing On Site. IV.B. The action before the Board is making a recommendation to the City Commission on a request for conditional use approval to establish a monument and ornamental stone cutting facility (Granite & Marble Design), pursuant to Land Development Regulations (LDR) Section 2.4.5(E). The subject property is located at the northeast corner of North Congress Avenue and Dr. Carol Krol Way (321 North Congress Avenue). The subject property consists of Parcel A, Lembo-Lupo Park of Commerce, and is 1.18 acres. The property is zoned Mixed Industrial and Commercial (MIC) and contains an existing 14,400 square foot industrial building with associated parking areas, which were constructed in 1984. The following are the most recent land use actions that relate to the property. In 1996, a site plan modification was approved administratively to install two (2) chlorine storage tanks with an associated enclosure along the east side (rear) of the property for a pool maintenance business; however the proposed tanks and enclosure were never installed. On September 3, 2002, the City Commission approved a conditional use request to establish a monument and ornamental stone cutting business within the southern two (2) bays of the structure for this same business. The business has grown and has relocated from the previously approved bays into the northern four (4) bays of the same building. Therefore, an application has been submitted to establish the monument and ornamental stone cutting facility at this new location, and is now before the Board for action. The development proposal involves the conversion of four (4) bays totaling 6,400 square feet to accommodate a stone cutting facility. As the structure and all attendant facilities (parking, drainage, utilities, etc.) are currently in place, no improvements are proposed with the petition. Granite and Marble Designs is a stone working company which fabricates kitchen counter tops, bathroom vanity tops, and other items. The proposed facility will process finished slabs of granite, marble, and other stone into these items. The stone slabs are delivered, cut, ground, and polished to their desired shape and texture. The slabs will be stored and processed within the existing structure and there will be no outside storage or activities. Two (2) interconnected water filtration systems will be installed within the facility for the removal of debris. Approximately 3,160 square feet of the total floor area will be devoted to work area; 1,640 square feet to office/showroom; and 1,600 square feet to material storage. The applicant has indicated that the facility will have eight (8) employees, and will operate between 8:00 A.M. and 6:00 P.M., Monday through Friday and between 9:00 A.M. and 2:00 P.M., Saturday. The facility will not operate on Sundays. CHAPTER 3 (REQUIRED FINDINGS): (Performance Standards - L.O.S.) Pursuant to LDR Section 3.1.1 (Required Findings), prior to approval of development applications, certain findings must be made in a form which is part of the official record. Planning & Zoning Board Staff Report Conditional Use Request for Monument and Ornamental Stone Cutting (Granite & Marble Design) Page 2 This may be achieved through information on the application, the staff report, or minutes. Findings shall be made by the body which has the authority to approve or deny the development application. These findings relate to consistency with the Future Land Use Map (FLUM), Concurrency, Comprehensive Plan Consistency, and Compliance with the LDR. FUTURE LAND USE MAP: The use or structures must be allowed in the zone district and the zoning district must be consistent with the land use designation. The subject property has a FLUM designation of Commerce (CMR) and a zoning designation of Mixed Industrial and Commercial (MIC). The MIC zoning district is consistent with the FLUM designation of CMR. Pursuant to LDR Section 4.4.19(D) (5) within the MIC zoning district, a monument and ornamental stone cutting facility is allowed as a Conditional Use. Based upon the above, a positive finding with respect to consistency with the FLUM can be made. CONCURRENCY: Facilities which are provided by, or through, the City shall be provided to new development concurrent with issuance of a Certificate of Occupancy. These facilities shall be provided pursuant to levels of service established within the Comprehensive Plan. The development proposal involves the relocation and expansion of an existing industrial use within an existing industrial structure. Traffic volumes and solid waste associated with the proposed stone cutting operation will be similar to that generated by the previous industrial operations (retail/wholesale merchant and pool contractor) and the existing business itself. No additional demand for any services or facilities will be created by this development proposal. CONSISTENCY: Compliance with performance standards set forth in Chapter 3 and required findings in LDR Section 2.4.5(E) (5) for the Conditional Use request shall be the basis upon which a finding of overall consistency is to be made. Other objectives and policies found in the adopted Comprehensive Plan may be used in making a finding of overall consistency. A review of the goals, objectives, and policies of the adopted Comprehensive Plan was conducted and no applicable objectives or policies were found. LDR SECTION 2.4.5(E) - REQUIRED FINDINGS: Pursuant to LDR Section 2.4.5(E) (5), in addition to provisions of Chapter 3, the City Commission must make findings that establishing the conditional use will not: A. Have a significantly detrimental effect upon the stability of the neighborhood within which it will be located; B. Nor that it will hinder development or redevelopment of nearby properties. The following zoning designations and uses border the property: Zoninq: Use: North MIC South MIC East MIC West MIC Vacant Retail-Wholesale (Noland - plumbing) Vacant Vacant and Office (Wiznet - computer services) Planning & Zoning Board Staff Report Conditional Use Request for Monument and Ornamental Stone Cutting (Granite & Marble Design) Page 3 The proposed stone cutting facility will be located within an existing industrial building in an existing industrial area. No exterior changes to the site, outside uses, or outside storage are proposed. Any outside storage would result in a reduction in parking, a deficiency in the required drive aisle widths, or a reduction in landscape area. In order to ensure that no storage or stone cutting is conducted outside of the subject bays, a prohibition upon these uses has been attached as a condition of approval. The front of the building (facing Congress Avenue) will retain its storefront appearance. All loading will occur on the east side of the existing structure and will not be visible from Congress Avenue. As the proposed stone cutting will be within the existing industrial building, there is no concern as to compatibility with the developed properly to the south and west or with the vacant properties to the north and east. Based upon the above and subject to the attached condition of approval, the proposed use will not have an adverse impact on the surrounding area nor will it hinder development or redevelopment of nearby properties. It is noted that there are two (2) active code enforcement cases regarding Granite & Marble Design. These cases concern the illegal outside storage of materials, outside work, and the expulsion of pollutants (i.e. dust, debris) into the area. The infractions occurred when the business was located in the southern two bays of the development. The subsequent relocation of the business (the action before the Board) is in response to these infractions and should result in compliance with City and State Regulations. With regard to the outside storage of materials, the business is doubling their square footage and dedicating one-fourth of their total new floor area (1,600 sq. ft.) to material storage. The expulsion of pollutants should be curbed by a switch from dry cutting/grinding hand tools to wet cutting/grinding hand tools. The main cutting saws have been and will continue to be wet saws. With regard to the conducting of work outside the confines of the building; no real measure can be taken by the applicant to address this other than ceasing the unauthorized activity and giving his word that such activity will not take place again. It is with this in mind that a condition of approval has been attached that the applicant includes a statement on their sketch plan that no storage of materials, stone cutting, or any other aspect of the business will be conducted outside the confines of the building. COMPLIANCE WITH LAND DEVELOPMENT REGULATIONS: The proposed conditional use does not include any change to the site plan. The site was designed pursuant to the development standards in place in 1984 and was constructed within that same year. The site complies with current development standards with respect to parking, landscaping, and building height requirements; however, the site does not comply with respect to open space, the special landscape setback along Congress Avenue, and the side street building setback. The deficiencies are related to a change in development standards between the original development (1984) and the present. Currently, LDR Section 4.3.4(K) requires the provision of 25% non-vehicular open space and a side street setback of 25'. The development standards in effect at the time of building construction required a side street building setback of 15' and no specific provision of open space. Upgrading the site to meet current development standards is not practical as it would require the redesign of the entire site. This development proposal will not exacerbate the existing conditions, and will have no impact on open space or the existing building setbacks. Planning & Zoning Board Staff Report Conditional Use Request for Monument and Ornamental Stone Cutting (Granite & Marble Design) Page 4 The subject property is not in a geographical area requiring review by the Community Redevelopment Agency (CRA) and/or Downtown Development Authority (DDA). Courtesy Notices: Special courtesy notices were provided to the following homeowners and/or civic associations: Chatelaine Delray Shores President's Council Progressive Residents of Delray (P.R.O.D.) Rainberry Lake Rainberry Bay Public Notice: Formal public notice has been provided to property owners within a 500' radius of the subject property. Letters of support and objection, if any, will be presented at the Planning and Zoning Board meeting. The proposed conditional use request is to establish a monument and ornamental stone cutting facility within the four (4) northern bays of the building for Granite & Marble Design. The business is relocating from the two (2) bays at the south end of the building. The proposed use will not increase the current intensity of the site, have an adverse impact on the surrounding area, nor hinder the potential development or redevelopment of nearby properties. Accordingly, positive findings can be made with regard to the Comprehensive Plan, and Section 2.4.5(E) (5) and Chapter 3 of the Land Development Regulations, provided that no storage, stone cutting, or other business activities are conducted outside the confines of the structure association with the business. A. Continue with direction. Move a recommendation of approval to the City Commission for the conditional use request for monument and ornamental stone cutting facility for Granite & Marble Design, by adopting the findings of fact and law contained in the staff report, and finding that the request is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.5(E) (5) and Chapter 3 of the Land Development Regulations, subject to the attached conditions of approval. C. Move a recommendation of denial to the City Commission for the conditional use request for monument and ornamental stone cutting facility for Granite & Marble Design, by adopting the findings of fact and law contained in the staff report, and finding that the request is inconsistent with the Comprehensive Plan and do not meet criteria set forth in Section 2.4.5(E) (5) and Chapter 3 of the Land Development Regulations. Planning & Zoning Board Staff Report Conditional Use Request for Monument and Ornamental Stone Cutting (Granite & Marble Design) Page 5 Move a recommendation of approval to the City Commission for the conditional use request for monument and ornamental stone cutting facility for Granite & Marble Design, by adopting the findings of fact and law contained in the staff report, and finding that the request is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.5(E) (5) and Chapter 3 of the Land Development Regulations, subject to the following condition: 1. That no storage of materials, stone cutting, or any other aspect of the business is conducted outside the confines of the building and that a note to this effect is provided on the sketch plan by the applicant. A~achment$: Survey and Floor Plan Staff Report Prepared by: Robert G. Tefft, Senior Planner PROPERTY ADDPE D] TO: THRU: FROM: DAV~DE~NAGER P,4~JL DOR~.ING, DIREC/,T~ OF PLANNING & ZONING SCOTT ARONSON~ A lNG MANAGEMENT SPECIALIST SUBJECT: MEETING OF JULY 6, 2004 - REGULAR AGENDA CONSIDER A REQUEST FROM CHRISTINA'S RESTAURANT FOR THE PURCHASE OF FOUR (4) IN-LIEU PARKING SPACES Christina's restaurant, located at 65 NE 2nd Avenue (Ocean City Lumber Complex) has submitted a Class III site plan modification for the conversion of 1050 sq. ft. of retail space to restaurant and the creation of an additional 149 sq. ft. outdoor dining area. Land Development Regulations (LDR) Section 4.4.13(G)(1) requires the provision of four (4) parking spaces. Although the Ocean City Lumber Complex has a surplus of 23 parking spaces the owner of the property would like to retain the surplus parking for future development within the complex. Therefore the applicant is requesting the purchase of four (4) in-lieu parking spaces at a cost of $6,000 each, for a total of $24,000, to be paid in full upon issuance of a building permit. LDR Section 4.6.9(E)(3) states "if it is impossible or inappropriate to provide the required number of on-site or off-site parking spaces, the City Commission may approve the payment of a fee in-lieu of providing the required parking, pursuant to the following previsions." Considering the development has a 23 space surplus, the applicant fails to meet required findings pursuant to LDR Section 4.6.9(E) i.e. that it is impossible or inappropriate to provide the parking on site. The Community Redevelopment Agency, at their meeting of June 10, 2004, supported the proposed expansion but did not support the in-lieu request based on the surplus of parking currently available. The Parking Management Advisory Board failed to forward a recommendation as the results of a motion to deny resulted in a 3-3 tie (Gillie, Wheat and Poll dissenting). The Site Plan Review and Appearance Board, at their meeting of June 23, 2003 supported the site plan modification unanimously. A second motion for the in-lieu parking request was approved 4-1 (Carter dissenting). Move denial of the request from Christina's Restaurant for the purchase four (4) in-lieu parking spaces by adopting the findings of fact and law contained in the staff report based upon a failure to meet required findings pursuant to LDR Section 4.6.9(E)(3). MEMORANDUM TO: FROM: SUBJECT: MAYOR AND CITY COMMISSIONERS CITY MANAGER ~ AGENDA ITEM # C~ ~ - REGULAR MEETING OF JULY 6, 2004 DELINOUENT FEES/AMERICAN LEGION/THE CARING KITCHEN DATE: JULY 2, 2004 This is before City Commission to consider waiving delinquent Solid Waste Authority Disposal Assessment Fees in the mount of $11,480.97 for the American Legion and The Caring Kitchen. The City owns the property, located at 808 N.W. 2~d Street, and leases it to the American Legion. The lease expires in 2046. In 1990, the Solid Waste Authority initiated a disposal cost assessment program for commercial garbage, trash, yard waste, and recycling disposal costs. The Solid Waste Authority sends an annual assessment invoice for the disposal costs which are initially paid by the City (Owner) and then billed to the American Legion (Lessee). The American Legion has been billed on an annual basis since 1991 but has never paid despite notices from the Finance Department and the City Attorney's Office. In 1996, the American Legion subleased (with City approval) their space during the day to the Community Food Pantry and The Caring Kitchen. The Caring Kitchen paid several annual assessments (from 1996 forward) with the exception of the past two (2) years. The annual assessment has been $3,734.58 for the past two (2) years but the invoices were never submitted to The Caring Kitchen (from the American Legion) for payment. Delinquent invoices prior to 1996 amount to $4,011.81 and are the responsibility of the American Legion. Delinquent invoices after 1996 amount to $7,469.16 and are the responsibility of The Caring Kitchen. The Caring Kitchen is requesting that the City waive their delinquent fees of $7,469.16 and submit subsequent invoices directly to them, instead of the American Legion, and they will pay all future invoices. Staff is requesting that the Commission waive a total of $11,480.97 in delinquent fees, $4,011.81 for the years 1991-1996 (American Legion) and $7,469.16 for the years 2003-2004 (The Caring Kitchen). Recommend approval of waiving delinquent Solid Waste Authority Disposal Assessment Fees in the amount of $11,480.97 for the American Legion and The Caring Kitchen. S:\City Clerk\agenda memos\Solid Waste Authority Dispoaal Fees. Caring Kitchen.07.06.04 MEMORANDUM To: From: David T. Harden, City Manager Joseph M. Saffor~'~nance Director Date: June 24, 2004 Subject: Waiver Request- Solid Waste Authority Disposal Assessment Fees for the American Legion (Lessee)/The Caring Kitchen (Sub-Lessce) We would request City Commission direction regarding a request by the Community Food Pantry and The Caring Kitchen to waive delinquent Solid Waste Authority disposal fees. The property presently leased by this entity is owned by the City of Delray Beach and leased to the American Legion who subleased to The Caring Kitchen. Background The City of Delray Beach owns and presently leases property to the American Legion located at 808 N.W. 2nd Street (lots 21-24, Block B, West Side Heights Subdivision). The original lease approved by the City Commission dates back to September 9, 1947 with a lease term of 99 years expiring in 2046. It would appear that no formal lease document was prepared at that time. The present Lease Agreement is dated April 9, 1982 between the City and the American Legion and has a term of 64 years expiring in 2046. The American Legion had a 2-cubic yard dumpster container serviced 2 times per week. In 1990, the Solid Waste Authority initiated a disposal cost assessment program for commercial garbage, trash, yard waste and recycling disposal costs. The collection portion of these services was billed directly by Waste Management, then BFI. The Solid Waste Authority sends an annual assessment invoice for the disposal costs which are paid initially by the City (Owner) and then are billed to the American Legion. The American Legion has been billed on an annual basis since 1991 and had their 2-yard container replaced with 2-95 gallon containers but has never paid any of the annual assessment invoices despite several notices from the Finance Department and the City Attorney's Office. In 1996, the American Legion subleased their space during the day to the Community Food Pantry and The Caring Kitchen with the approval of the City. This entity paid several annual assessments (not the charges prior to 1996) with the exception of the past several years. They changed the 2-95 gallon containers to a 4-yard container picked up 4 times per week. The annual assessment has been $3,734.58 for the past 2 years but the invoice was never submitted to the Caring Kitchen from the American Legion for payment. The delinquent invoices prior to 1996 amount to $4,011.81 and are the responsibility of the American Legion. The delinquent invoices after 1996 amount to $7,469.16 and are the responsibility of The Caring Kitchen. The current annual assessments are $3,734.58. The Caring Kitchen, in correspondence dated June 17th, is requesting that the City waive their delinquent expense in the amount of $7,469.16 and that subsequent bills be remitted directly to them instead of the American Legion. We would ask the City Commission consider waiving both the $4,011.81 in delinquem bills to the American Legion for the years 1991-1996 and $7,469.16 in delinquent bills for The Caring Kitchen for the years 2003-2004. The Caring Kitchen will pay ail future bills as rendered directly to them by the City. Attachment: Correspondence dated June 17, 2004 from Juanita Bryant Cc: Juanita Bryant, South County Coordinator, Community Food Pantry and The Carin~g Kitchen Barbara Turner, Accounting Assistant Fo!d Pantry and Community The Caring Kitchen Rev. Juanila B~yant: Coordinator 56 l~330.2fi7B 561-330-2624 Fax April Hazamy: CK Program Coordinator 5151-278-0918 Elahae Thomas: Program A~sist. & Vol. Coordinator ,561-278-0918 Kev. Pamela Cahoon: Executive Director 561-833-9499 5fil-833-1299 Fax SPONSOKS: American Legion Post 188 Barwick Baptist Church B'nai Torah Congregation Boca West UMC Bonnet Foundation Barton Volvo Volkswagen Cason UMC Church of the Palms Congregation B'nal Israel CROS/Crop Walk Delray Beach Clergy Assoc. First Baptist Church, Delray First Church of Christ, Scientist First Presbyterian Church, Boca First Presbyterian Church, Delray First UMC Boynton First United Methodist of Boca First United Methodist of Boynton Jr. League of Boca Raton Lakeview Baptist Church Lattner Foundation Libra Foundation ]VL/~ZON: A Jewish Response to Hunger M.B. & Edna Zale Foundation Mt. Olive Miss. Baptist Church Office Depot P.B.C. Community Foundation St. Edwards Catholic Church St. Mark Greek Orthodox Church St. Mary the V'~gin Anglican Church St. Matthew's Episcopal Church St. Paul's Episcopal Church St. Vincent De Paul Seminary St. Vincent De Paul Society St. Vincent Ferret Church & School Temple Beth El Temple Sinai Trinity Lutheran Church Unity Church of Delray A program of C.R.O.S. Ministries Tax #B0.22-114-287-56C 1845 $. Federal Hwy. Delray Beach, Florida 33483 561-330~2876 56 ! -330-2624 FAX June 17, 2004 Joe Safford, Finance Director Finance Dept. 100 NW 1~t Ave. Delray Beach, FL 33444 Dear Mr. Safford, The Caring Kitchen recently became aware of an outstanding bill for the Solid Waste Authority assessment for the property at 808 NW 2aa Street. In 2001 Lula Butler contacted us in regards to an overdue bill as well. At the time the American Legion had been returning the bills and the bill was up to $5,000. $2,000 for the years 1997- 2001 and $3,000 for the year 2002. The City helped us with the bill and I thought we would be billed in the future, since we were the ones creating the trash. : ~ , However, the American Legion continued to receive the bills and never passed the bills on to us. I just happened to be checking the mail recently and discovered the latest bill. We have not budgeted for the expense and the past two years we have been in the red due to increased demand and receiving less money from grants than expected. Our programs have seen an increased demand since the Sept. 11th tragedy and the demand continues. We would greatly appreciate the City's help in this matter by waiving our expense. I have spoken with Barb in the Finance Office and she has the correct mailing address so we will get the bills in the future. She also noted that $4,011.81 of the bill was for 1991 to 1996, prior to the Caring Kitchen moving into the building. Therefore, the amount pertaining to our program is $7,469.16. I have enclosed a copy of the bill in question. I greatly appreciate your time and assistance with this matter. If you have any questions I can be reached at 561-330-2676. South County Coordinator An Interfaith Community Based Program AGENDAITEMNUMBER: ~.C Request to be placed on: X Consent Agenda When: Description of agenda item: AGENDA REQUEST Date: July 6~ 2004 Special Agenda June 24, 2004 __ Workshop Agenda Commission approval to waive delinquent Solid Waste Authority Disposal fees of $11,480.97 to the Caring Kitchen and the American Legion for the years 1991-2004. ORDINANCE/RESOLUTION REQUIRED: Draft of Resolution Attached: YES YES Recommendation: Waive delinquent disposal fees in the amount of $11,480.97. NO X NO X Department Head Signature: J'(~s~ph M.'~afford 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 Funding alternatives (if applicable): N/A Account Number: N/A Account Description: N/A Account Balance: N/A City Manager Review: Approved for Agenda: Y~ Hold Until: Agenda Coordinator Review: Received: Action: NIA No No Approved: Disapproved: P.O.# Menlo To: David Harden, City Manager From: Lula Butler, Director, Community Improvement Date: July 1, 2004 Re: Request for Lien Reduction/Community Redevelopment Agency ITEM BEFORE THE COMMISSION: Consideration of a request from the Community Redevelopment Agency (CRA) to release a portion of the liens assessed for abating certain nuisances in the form of accrued interest and administrative fees to property addressed at 34 NW 34 Avenue. The total amount of the accrued interest and administrative fees assessed requested as the amount by which the liens are to be reduced is $4242.56. BACKGROUND: The City Commission approved a policy goveming requests for release and/or reduction of liens at it's regular meeting of October 21, 2003. The policy states that the Commission may consider reducing liens up to 100% when coming from the CRA in support of providing first- time homeownership opportunities under the Renaissance Affordable Housing Partnership program. This property was transferred to New Urban Properties in 2003 and is now part of the Atlantic Grove development. The residential portion of the development, where is property is located, has already been developed and sold. Ten residential units in this development were designated and sold under the Affordable Housing Program. This request is consistent with the direction and policy approved by the Commission. The total amount of the lien assessed to the subject property is $7,797.85. The CRA application to reduce the lien in the amount of the accrued interest and administrative fees is attached for your reference. They ara willing to pay the City's actual out-of-pocket costs for this property. As noted in their application, the CRA acquired and sold to the developer for the Atlantic Grove Project. This item is an old issue that needs to be resolved at this time. RECOMMENDATION: Staff is recommending approval of the request from the CRA to reduce the liens associated with the subject property in the amount of $4242.56 with the provision that the balance of the liens will be paid within 30 days of City Commission action. LB:DQ Attachment Customer # iAddress DATE INVOICE 08/11/93 07/13/94 1~/22/9~I 6489 07/17/96 7669 i 1/14i96 8437 9918 19491 3.00 3081 2.83 4/15/1993 !Charge Breakdown _ CRA 34 NW 3rd Avenue RECORDING ADMINISTRATIVE VENDOR FEE FEE PAYMENTS NUISANCE 70.00 139.00 70.00 45.00 6058 ~ 2.~7 -- 56 -- 06/1,3)95 ~ 70.00 ' .00 2.80 . 70.00 ~6.00 3.77 70.00 51.00 4.36 67/2,4/97 2.97 12/12/97 10863 ~.98 08/13/98 12330 2.61 27.99 19104 70.00 70.00 70.00 70.00 630.00 69.00 59.00 69.00 51.00 595.00 DEMOLITION 87.73 877.30 19724 6.00 60.00 293.23 2932.30 HARD COSTS (RECORDING AND VENDOR PAYMENTS ! 3,555.29 · ADMINISTRATIVE FEES ~ 923.23 i INTEREST 3,319.33 LEDGER BALANCE i 7,797.85 DELRAY BEACH COMMUNITY REDEVELOPMENT AGENCY June 8,2004 Ms. Lula Butler Director of Community Improvement City of Delray Beach 100 NW 1st Avenue Delray Beach, FL 33444 Re: 34 NW 3"~ Avenue Liens Request For Reduction in Municipal Liens Dear Luta: I have been working with Norma Smith to clean up some old receivables and was surprised to find that the Robinson property that had been located at 34 NW 3'd Avenue still had a lien on it. This property was transferred to New Urban Communities in 2003 and is now part of the Atlantic Grove project. I am not sure why the sale did not trigger a payoff on this, but the CRA would like to clean up this old lien at this time. I have enclosed a Request For Reduction of Municipal Liens Form requesting a reduction of the interest and administrative fees portion of this lien only. Per Norma, the hard costs associated with this lien are $3,555.29 consisting of vendor payments and recording costs and the administrative fees and interest total $4,242.56. The CRA would like to settle this lien with a payment of $3,555.29 and the waiver of $4,242.56 in interest and administrative fees. I have also enclosed a letter addressed to Jay Jambeck, Assistant City Attorney, dated June 7, 2001, where the CRA had requested to settle this account in the same manner the CRA is requesting here, but I have ne record of a response from the City or a payment by the CRA. I suspect staff turnover on one or both sides caused the request to get laid aside and forgotten. Thank you for your consideration of this request. Sincerely, Assistant Director/Controller Cc: Diane Colonna, Executive Director RECEIVED JUN ' 9 200/ COMM. IMP. ADMIN. 20 North Swin|on Avenue · I)elray Beach, Florida 33444 · Phone: 561/276-8640 · Fax: 561/276-8558 ~. www. delraycra.org City of Delray Beach Department of Community Improvement REQUEST FOR REDUCTION OF MUNICIPAL LIENS FORM Please complete the information listed below as the requester for lien reduction. · Requester's Name (if business, please list company name and contact person): Delray Beach Community Redevelopment A.qency · Address: 20 North Swinton Avenue, Delra¥ Beach, FL 33~.~~. Contact Telephone Number: Fax Number: 561-276-8640 561-276-8558 Email Address: steele~,ci.delray-beach.us.fi Please indicate if the company listed in 1, above (if applicable), is: [] For Profit [] Non-Profit 3. Property information - Describe the property for which this request is being made: · Address: odRinally 34 NW 3rd Avenue, Delray Beach, FL 33~?.~. * Property Control Number (PCN): Originally 12 - 43 - 46 -16 - 01 - 036 - 0070 · Legal Description: ori.qinall¥ Town of Delra¥, Lots 7 & 8 Block 36 4. Property acquisition information: · Date of Purchase: January 4, 2000 · Method of Purchase - Warranty Deed, Tax Certificate, etc.: · Purchase Pdce $ :~4,000.00 tax deed 5. Briefly describe exactly what you are requesting from the City: The CRA is requestin.q the City waive the administrative fees and interest for this property in the amount of $4,242.56 and allow the CRA to settle the existin,q lien by payinq the hard costs of vendor payments and recordin,q fees totalin,q $3,555.29. Bdefly describe the purpose for which the subject property will be utilized and your proposed timetable for implementing such use: This property was transferred to New Urban Properties in FY 2003 and is now part of the Atlantic Grove development. The residential portion of the development, where this property is located, has already been developed and sold. Ten residential units in this development were desi.qnated and sold under the Affordable Housin,q Pro~lram. Have you requested lien reductions at any other time from the City of Delray Beach? Is so, when and on what property: May 2003 - 40 NW 12a Avenue November 2003 - 222 SW 3r~ Avenue agent) Signature Agent's Title Date Submitted DELRAY BEACH June 7, 2001 Mr. Jay Jambeck, Assistant City Attorney City of Delray Beach 100 NW 1't Avenue Delray Beach, Florida 33444 Request to Settle Liens Robinson Property 12-43 -46-16-01-036-0070 Dear Mr. Jambeck: The Delray Beach Community Redevelopment Agency acquired through tax deed acquisition the above referenced property. On January 4, 2000, Judge Colbath entered an Order containing Final Summary Judgement Quieting Title. As you are aware, the CRA has the property under Contract for Sale and Purchase to Atlantic Groves for redevelopment. There still remain outstanding liens on the property from the City of Delray Beach in the amount of $1,753.25 for nuisance abatement as of 5/1/01 and another amount of $4,647.22 for demolition. Records indicate that demolition occurred on 9/30/93 an the hard cost was $2,194.50. It has been the City's policy in previous transactions to forgive all but the hard costs. Therefore, we are offering the City of Delray Beach $2,194.50 to settle this account. If you have any questions, please feel free to contact me at (561) 276-8640. Ou.[arely' ~' Cc: Diane Dominguez, Executive Director 24 North Swinton Average · Delray Beach, Florida 33444 561-276-8640 , Fax 561-276-8558 Date: July 1, 2004 Agenda Item No. C~.~ AGENDA REQUEST Agenda request to be placed on: X Regular __ Special Workshop Consent When: July 6, 2004 Description of Agenda Item: Request for Lien Reduction for the Community Redevelopment Agency - 34 NW 3rd Avenue Ordinance/Resolution Required: Yes / No Draft Attached: Yes / No Recommendation: Approval 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: Account # & Description: Account Balance: (if applicable) City Manager Review: Approved for agenda: (~ / No ~ Hold Until: Agenda Coordinator Review: Received: Action: Approved / Disapproved MEMORANDUM TO: FROM: SUBJECT: MAYOR AND CITY COMMISSIONERS CITY MANAGER ~ AGENDA ITEM # C~.~ - REGULAR MEETING OF JULY 6, 2004 CONTRACT AWARD/WALL WAY USA OF FLORIDA DATE: JULY 2, 2004 This is before the City Commission to approve a contract award to Wall Way USA of Florida in the amount of $17,500.00 for the construction of approximately 350 linear feet of eight (8) foot high screen walls along the north property lille of the Temple Sinai site on West Atlantic Avenue, due to a request from Temple Sinai to provide additional sound buffering. At the June 22, 2004 City Commission Meeting, a contract with Centex Rooney was approved (in compliance with City obligations under agreements with Temple Sinai and the Coral Trace Homeowners Association) for the construction of similar walls on the New Atlantic High School site. Wall Way USA of Florida is the subcontractor for the contract with Centex Rooney. The request from Temple Sinai would extend the wall to be built on the east side of the Temple property to Coral Trace Boulevard, along the north line of the Temple site. By contracting directly with Wall Way USA of Florida, the City will avoid the cost of general conditions and general contractor profit markups. Funding is available from 334-6120-519-63.90 (General Construction Fund/Atlantic High School/Other Improvements). Recommend approval of a contract award to Wall Way USA of Florida in the mount of $17,500.00 for the construction of approximately 350 linear feet of eight (8) foot high screen walls along the north property line of the Temple Sinai site. S:\City Clerk\agenda memos\Wall Way USA.Temple Sinai. Contract Award Atlantic HS Wa11.07.06.04 City Of Delray Beach Department of Environmental Services M E M 0 R A N D TO: FROM: SUBJECT: DATE: David T. Harden, City Manager Richard C. Hasko, P.E., Environmental Services Director TEMPLE SINAI SCREEN WALL/NORTH PROPERTY LINE June 30, 2004 U M www. mydelraybeach, com Attached is a copy of an agreement with Wall Way USA of Florida for the installation of approximately 350 linear feet of 8 foot high screen wall along the noah property line of the Temple Sinai site on West Atlantic Avenue (sketch attached). A prior contract with Centex Rooney was approved by City Commission for the construction of similar walls on the New Atlantic High School site in conjunction with terms of the City's purchase agreement with Temple Sinai and settlement agreement with the Coral Trace Homeowners Association. Under the referenced purchase agreement with Temple Sinai for the parcel to the north of the Temple parking lot, the City committed to the contribution of up to $100,000 toward the cost of noise abatement facilities between the Temple and the new football stadium just to the east of the Temple. The contract with Centex Rooney includes approximately $45,000 for wall construction along the east side of the Temple property. The Temple has requested that the wall be continued to Coral Trace Blvd. along the noah line of their site to provide additional sound buffering. Wall Way USA of Florida will be constructing the walls included in the Centex Rooney Agreement as a subcontractor. The attached agreement will be a direct contract between Wall Way USA and the City for the extension of the screen wall across the north Temple property. Since this alignment is not on the School District site and the proposed wall construction will not impact the District's schedule for school construction, we are proposing to contract directly with Wall Way USA for this work. In so doing, the City will avoid the cost of general conditions and GC profit mark ups for the work. Preparatory work for the construction relating to site clearing and grading will be performed by in house staff. Post installation painting will be contracted under a separate agreement. There will also be nominal survey costs for staking the alignment for construction. These expenses will be paid under separate agreement with one of the City's contract surveyors. The Temple has requested that a gate be installed in the fence for pedestrian access. This work will be performed under separate agreement as well. Total cost of all supplementary work is not anticipated to exceed $7,500. The wall will be the same prefabricated panel structure supported by pilaster columns at 5 foot centers as proposed under the Centex Rooney agreement. The proposal from Wall Way USA for the additional wall is $50/lf, or $17,500. The price cited to Centex Rooney for the previously approved wall construction was $48/lf. This variation is considered nominal within the context of the current volatility in the concrete industry. This cost will be credited toward the City's $100,000 noise abatement commitment as previously referenced. Funding for this proposal is available after transfer in account No. 334-6120-519-63.90, Other Improvements. Please place this t~ item on the July 6 agenda for consideration by Commission. Susan Ruby, City Attorney Randal Krejcarek, P.E., City Engineer // CORAL TRACE PLACE / ~ ~8' WALL~ / ~ / (CE.=EX ROONE*) / / AGREEMENT HIGH// II ~ / / (WA~ WAY US~) / E M P L E /(CENTEX R~FY) ~ ~/ S I N A I / AGREEME IT ~%~ ~ Cl~ of DELRAY BEACH NEW HIGH SCHOOL DA~: 6-29-2~ E~RONME~AL ~CES ~P~E~ PROPOSED 8' WALL LOCATION STANDARD FORM OF AGREEMENT BETWEEN CITY AND CONTRACTOR THIS AGREEMENT made this __ day of between the CITY OF DELRAY BEACH (hereinafter called CITY) and of Florida (hereinafter called CONTRACTOR). ., 20__, by and Wall Way USA WlTNESSETH: The CITY and the CONTRACTOR in consideration of the mutual covenants hereinafter set forth, agree as follows: 1. The undersigned CONTRACTOR hereby represents that he has carefully examined all Contract documents, and will perform the contractual requirements pursuant to all covenants and conditions. 2. The CONTRACTOR, as evidenced by the execution of this contract, acknowledges that it has examined the physical characteristics of the job requirements. The CONTRACTOR further acknowledges that the bid pdce includes all costs and expenses required for the satisfactory completion of the contracts requirements. 3. The contract between the CITY and the CONTRACTOR include the following documents which are attached hereto and incorporated herein by reference of the following: CONTRACT DOCUMENTS Standard Form of Agreement Corporate Acknowledgment Certificate Insurance Requirements Sample Insurance Form Drug Free Work Place Certification Proposal (Schedule of Pdcing) PAGE NUMBERS 1-4 5 6 7 8 9 10-11 Addenda numbers to ., inclusive, and any modifications, including Change Orders, duly delivered after execution of this Agreement. 4. The term of this contract shall commence on the date indicated on the Notice to Proceed. 5. This agreement shall be governed by the laws of the State of Florida as Now and hereafter in force. The venue for actions arising out of this agreement shall be Palm Beach County, Florida. 6. All notices, requests, demands, and other given if personally delivered or mailed, certified mail, return receipt requested, to the following addresses: As to City: City of Delray Beach, FL 100 N.W. 1st Avenue DelrayBeach, FL 33444 As to CONTRACTOR: Wall Way USA of Florida 3585 N.W. 31st Avenue Oakland Park, Florida 33309 7. The CONTRACTOR shall not, without prior written consent of the CITY, assign any portion of its interest under this contract and, specifically, the CONTRACTOR shall not assign any moneys due or to become due without the prior wdtten consent of the CITY. 8. The CITY and the CONTRACTOR each binds himself, his partners, successors, assigns and legal representatives to the other party hereto in respect to all covenants, agreements and obligations contained in the contract documents. 9. In consideration of ten dollars ($10.00) and other valuable consideration, the CONTRACTOR shall defend, indemnify and save harmless the CITY, its officers, agents and employees, from or on account of any liabilities, damages, losses and costs received or sustained by any person or persons by or in consequence of any negligence 2 (excluding the sole negligence of the CITY), recklessness or intentional wrongful misconduct of the CONTRACTOR and any persons employed or utilized by the CONTRACTOR in the performance of this Project. CONTRACTOR agrees that negligent, reckless or intentional wrongful misconduct includes, but is not limited to, use of any improper materials or liabilities, damages, losses or costs caused by or on account of the use of any improper materials. CONTRACTOR agrees that negligent, reckless or intentional wrongful misconduct also includes but is not limited to the violation of any Federal, State, County or City laws, by-laws, ordinances or regulations by the CONTRACTOR, his subcontractors, agents, servants or employees. CONTRACTOR further agrees to defend, indemnify and save harmless the CITY from all such claims and fees, and from any and all suits and actions of every name and description that may be brought against the CITY on account of any claims, fees, royalties, or costs for any invention or patent, and from any and all suits and actions that may be brought against the CITY for the infringement of any and all patents or patent rights claimed by any person, firm, or corporation. The indemnification provided above shall obligate the CONTRACTOR to defend at his own expense or to provide for such defense, at the CITY'S option, any and all claims or liability and all suits and actions of every name and description that may be brought against the CITY which may result from the operations and activities under this Contract whether the construction operations be performed by the CONTRACTOR, his subcontractor or by anyone directly or indirectly employed by either. This indemnification includes all costs and fees including attorneys fees and costs at trial and appellate levels. The CITY will pay to the CONTRACTOR the specific consideration of ten dollars and other good and valuable consideration as specific consideration for the 3 indemnification provided herein. Furthermore, the CONTRACTOR acknowledges that the bid price includes said consideration for the indemnification provision. 10. This Agreement shall be considered null and void unless signed by both the CONTRACTOR and the CITY. 11. The contract documents constitute the entire agreement between the CITY and the CONTRACTOR and may only be altered, amended or repealed by a duly executed written instrument. IN WITNESS WHEREOF, the parties hereto have executed this Agreement, the day and year first above wdtten. ATTEST: City Clerk Approved as to form: CITY OF DELRAY BEACH, FLORIDA By: Jeff Perlman, Mayor City Attorney WITNESS: (Print or type name and title) CONTRACTOR: BY: (Print or type name and title) (SEAL) CORPORATE ACKNOWLEDGMENT STATE OF COUNTY of The foregoing instrument was acknowledged before me this day of ,20 , by. (name of officer or agent, title of officer or agent), of (state or place of incorporation) corporation, on behalf of the corporation. He/She is (personally known to me) (or has produced identification) and has used his/her (type of identification) as identification. Signature of Person Taking Acknowledgment Name of Acknowledger Typed, Pdnted or Stamped CERTIFICATE (If Corporation) STATE OF FLORIDA COUNTY OF ) ) ss ) ) I HEREBY CERTIFY that a meeting of the Board of Directors of , a corporation under the laws of the State of held on resolution was duly passed and adopted: ,20__, the following "RESOLVED", that _, as President of the corporation, he/she is hereby authorized to execute the Agreement dated ,20__, between the City of Delray Beach, Florida and this corporation, and that his execution thereof, attested by the Secretary of the Corporation and with corporate seal affixed, shall be the official act and deed of this corporation". I further certify that said resolution is now in full rome and effect. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the corporation this day of (Secretary) (Seal) INSURANCE REQUIREMENTS A. GENERAL During the term of the contract with the City, the contractor shall procure and maintain insurance of the types and to the limits specified in paragraphs (1) to (4) inclusive below. B. COVERAGE Except as otherwise stated, the amounts and types of insurance shall conform to the following minimum requirements: 1. Worker's Compensation - Coverage to apply for all employees for Statutory Limits in compliance with the applicable State and Federal Laws. In addition, the policy must include Employers' Liability with a limit of $100,000 each accident. 2. Comprehensive General Liability - Coverage must be afforded on a form no more restrictive than the latest edition of the Comprehensive General Liability Policy filed by the Insurance Services Office and must include: a) Minimum limits of $300,000 per occurrence combined single limit for Bodily Injury Liability and Property Damage Liability. b) Premises and/or Operations. c) Independent Contractors. d) Products and/or Completed Operations. e) No exclusion for Underground, Explosion or Collapse hazards. 3. Business Auto Policy - Coverage must be afforded on a form no more restrictive than the latest edition of the Business Auto Policy filed by the Insurance Service Office and must include: a) Minimum Limits of $300,000 per occurrence combined single limit b) c) d) for Bodily Injury Liability and Property Damage Liability. Owned Vehicles. Hired and Non-Owned Vehicles. Employer Non-Ownership. 4. Certificate of Insurance - Certificates of all insurance evidencing the insurance coverage specified in the previous Insurance Administrator prior to commencement of work. The required certificates of insurance shall not only name the types of policies provided, but shall also refer specifically to this bid and section and the above para.qraphs in accordance with which such insurance is being furnished, and shall state that such insurance is required by such paragraphs of this contract. The successful bidder will include the City of Delray Beach as additional insured. If the initial insurance expires prior to the completion of the work, renewal certificates shall be furnished thirty (30) days prior to the date of expiration. Also, under the Cancellation section of the Insurance Certification the works "endeavor to" and "but failure to mail such notice shall impose no obligation or liability of any kind upon the company, its agents or representative" shall be crossed out as indicated on the attached "sample of Insurance Certificate". *NOTE: See "Sample of Certificate of Insurance" for example format. LJ P.O. BOX ~EST CIT~, USA 00000 ABC D~L[VE ANYTOtitt, USA 00001 CITY OF DELRAY BEACH 8V0 PBS DEC 21 "8~ 10:23 COMPANIES AFFORDING COVERAGE ~ A RIGHT CU~IKD T~SURANCE CO. c c°~ D co~¥ ~LP077606 ALPO~605 3-01-90 3-01-91 3-01-90 3-Ol-gl $ 300 300 CI~077606 3--01-90 3-01-91 300 · OTHER ~BT.S Z]HSI~?d~ICE A~Z ~ ~O (sr. ate pzO~ect) as be3.o~. Czoss out iudtcnced ~ord~ng & prov'J.de 30days~,-r/Ccen notice) 434 s. S~5tTfOH AVE~E DEL.l~y BEACli, 1~0~:, )A 33444 DRUG FREE WORKPLACE CERTIFICATION If identical tie bids exist, preference will be given to the vendors who submits a certification with their bid/proposal certifying they have a drug-free workplace in accordance with Section 287.087, Florida Statutes. The drug-free workplace preference is applied as follows: IDENTICAL TIE BIDS: Preference shall be given to businesses with drug-free workplace programs. Whenever two or more bids which are equal with respect to price, quality, and service are received by the State of by any political subdivision for the procurement of commodities or contractual services, a bid received from a business that certifies that it has implemented a drug-free workplace program shall be given preference in the award process. Established procedures for processing tie bids will be followed if none of the tied vendors have a drug-free workplace program. As the person authorized to sign this statement, I certify that this firm complies fully with the following requirements: 1 ) This firm publishes a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2) This firm informs employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3) This firm gives each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (1). 4) In the statement specified in subsection (1), this firm notifies the employees that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. 5) This firm imposes a sanction on or requires the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, by any employee who is so convicted. 8) This firm will continue to make a good faith effort to maintain a drug-free workplace through implementation of this section. Contractor's Name Signature 3un 29 04 10:39a Corpmrate O??i~eF1 9S47143870 WALL WAY U.S.A. OF FL CONTRACT / PROPOSAL DATE SUBMITTED TO STREET CITY, STATE, ZIP CODE PIIONE FAX JOB NAME JOB LOCATION · 06/29/2004 . CITY OF DELRAY BEACH · DELRAY BEACH, FL 33445 , (561) 243-7322 , (561) 243-7066 · TEMPLE SINAI, PN#2002-003 . DELRAY BEACH~ FL PAYMENTS AS FOLI,OWS: 25% DEPOSIT 50% UPON STARTING THE JOB BALANCE UPON COMPLETION (Unless other arrangements have been made) WE HEREBY SUBMIT SPECIIqCATIONS AND ESTIMATES TO: $[IPPI,Y AND INSTM,I, WAI,L WAY U,$.A OF FLORIDA WALL SYSTEM l. IF YOU WANT THE WALL PAINTED THE COST IS .35/SQFT (EXTRA) 2. IHE WALL IS TO BE STUCCO OR BLOCK LOOK. 2. 'rH~ COLOR OF TI~'E WALL IS TO BE GRAY CEMENT. 4. 'l'H~ WALL IS TO BE 8 FT HIGH FROM GROUND LEVEL. 5. THE WALL IS 350 FT LONG, rEACH SECTION BEING 5 FT ON CENTER. 6. LA"~D l'qUS'l BE Ct,15AR~ I,~'NELED~ACCESSABLE AND EASY TO DIG. 7. PEILMITS BY OTHERS, WALL WAY TO PROVIDE ENGINEERING" SPECS WALL(STUCCO OR BLOCK) 350 LF X $ 50.00 --$17,500.00 MOBILIZAIION = N / C TOTAL JOB IS : $17,500.00 ACCEPTANCE OF PROPOSAl, The above prices, specif/cations and conditions ~ae satisfactory and are hereby accepted. By signing this proposal/contract the parties declare that they have read and understm~t:_ the £oregoing ag,:eements on the next page. SIGNATURE NAME & TITLE 3~8~ N),V. 31~t Aven,~ · (}a?dand Park. ~orlda 33309 · Tel~l:hone: (95,*) 484-7500, Fmc; (954; 71-t--387,9 {I AGENDA REQUEST Request to be placed on: X Regular Agenda __ Special Agenda __ Workshop Agenda Date: June 29, 2004 When: July 6, 2004 Description of item (who, what, where, how much): Staff requests Commission approval of a contract with Wall Way USA of Florida for the construction of approximately 350 linear feet of 8 foot hi.qh screen wall alon.q the north property line of the Temple Sinai site. The Temple has requested this additional wall under the City's commitment in a previous pumhase agreement to funding up to $100,000 for noise abatement facilities. Wall Way is the subcontractor that will construct walls previously approved under an a.qreement with Centex Rooney, the School District contractor. Costs for the wall are compatible in both proposals with ancillary work in support of this contract to be performed either under separate aqreement with local contractors or usinq in- house staff resources. Said ancillary work is not anticipated to exceed $7,500. The Wall Way USA proposal for this additional construction is $17,500. Funding is available after transfer in account no. 334-6120-519-63.90, Other Inprovements. ORDINANCE/RESOLUTION REQUIRED: YES/N._~O DRAFT ATTACHED YES/N__~_O Recommendation: described work. Staff recommends approval of a contract with Wall Way USA for the Department head signature: '"' 7 Determination of Consistency with Comprehensive Plan: City Attomey Review/Recommendation (if applicable): Budget Director Review (rend on all items involving expenditure of funds): ?~ c,~ Funding available: E¥.~E~NO ~,, Funding alternatives.~ (if applicable) Account No. & Description: 2J~-/~1l~5'/?~,'5..,?'0 ~ ,C~. [~,o~/~,,,?l Account Balance: .~. /~1~ 5o~ ,~ /i, ~.~ City Manager Review: Approved for agenda: ~NO ~ Hold Until: Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved [ITY OF DELRI:IY BEI:iI'H CITY ITTORNEY'S OFFICE 200 Nw is, AVENUE. DEL.^~.E^CH, FLO.,~A 33444 TELEPHONE 561/243~7090 · FACSIMILE 561/278-4755 City Wdter's Direct Line: 561/243-7091 MEMORANDUM DATE: June 14, 2004 TO: FROM: City Commission David Harden, City Manager Brian Shutt, Assistant City Attorney SUBJECT: Agreement between the City and GTR The City entered into an agreement with Government Technology Resoumes (GTR) on February 26, 2002 for the development of a web-enabled software package for code enforcement, building permits, business licenses and planning & zoning. (see attached) The original contract amount was $25,000.00, of which the City gave an initial deposit of $18,750.00. The contract should have been completed by March of 2003. To date the City has not received the required software. The City has attempted to resolve this dispute with GTR, however, we have not been able to do so. At this time our office is requesting the authority to commence legal action against GTR. Our office is requesting that this matter be placed on the July 6, 2004 City Commission agenda. Please call if you have any questions. Attachment CC: Chevelle Nubin, Acting City Clerk Joe Safford, Finance Director Dennis J. Harward, GTR 08/17/2004 08:35 FAX 5812784755 CITY ATTORNEY GOVernment T~:hnolog¥ Joint Application Development Agreement + City ~anager ~002/006 CUSTOMER NAME AND ADDRESS: A~lr~n'~ Num~er~ 1008 Date: 2/28/02 THIS GOV~RNMI~IT TECHNOlOGy RIESOURCE~, INC, ,JOINT APPLICAllON DEVELOPMENT AGREEMENT (Ihe ¥)~reemenr), Is made and ente(ecl bltO ~ 26th day of Fe. IxtMW, 2(~2. by and bMween GOVERNMENT TECHNOLOGy RESOURCES, INC. ('GTR') of 13501 Inger~ ~/Dr. O~lendo FI. and CustOmer. leiTrt~ and con~ of Iflls Ag~eeme~t a~d Ils 'Schedule Ixoduc~ ;ind een~ce~ ~'~at Gl1~ has ~ an~ (x..,ns, and WHEREAS, GTR dean~ to I~mldpab~ MIh C~tu~er In the JAp Proje~ pu~.a~t iD ihs ~ ~ ~ ~ ~n: NOW TH~REFOF~, In ~e~k2,~'a,i~n o~ Bm mutual pn~llses centa~ted hewn, It I~ agreed ~o &~ f~Jk:~ 1. Definition of Trams. ~uae~ hend~ 1.1 12 II~s~(a) m use ~e ~ oomlx~ent~) Pro~r~--~ and mlamd o~umen~, a~ a~y medhlcaOo~s ~. 1.4 herMo and Incc~x~d~d he. In by ih~ re~renc~ 1.5 'Cus~xnM~ mMm 8 P~'~Panl and mld'u~( uf Ihe SOfivMm al~ll~a~°n$ directed t~ro~h t~e '~D ~, .-- .......... w.w-(~ ~ppica~on(s) de~op~l (o wh ch Cust~m' h~s mquesb~d and ~ m ~e atlached 'Schedule(s)'. The ,N:p,~alk~ C~mpo~enls s~aJi be lot Custm~,e ~,e use and no~ for any INrd parly* 2.1 Complefloe Da~e: GTR ehafl provide ~$ ~ io Cusk~er by ~te da~e specked mt ~e aUached de~a~mt of the raw eof'~rare c~mpe~e~l(s). , provide opaonal ser~c~s ;[nd ~uslm~:auon de~dbed m Ihe ~lta~hed 'SchadulNsT'' 3. Term M ~lreemsnt. ~ Agreement shell be el~va upon exe=uUm by I~h pa~ and shell ~llnue In ~,,.~ mrough eomplel~:~ of se~lces dee(=tbed kt the 'Schedule(e)' unless eadler larmlnaled In ~n~e vdlh ~e remic ,,et kxlh heroin. 4. ~hm'g~ for ~Mvfl~s. the aUaofmd 'Schedule(a) .?stDmer ~hall ~ompar, eate GTR t0r ~h~r serdcea b acm~ance wire tho~e spectfk~ Mt fmlh In or ~ aitached schedule(s). GTR ~ b~l no ¢aefa m' aenaeea Io Cualamer which are not specillcally eel for~ In ~ls Agreement 4..1 'r~e Cua~0mer 8hall pey any lappllcable eale~, uae, exci~e, value-added, or olher lax or govemmenlal cfl~ges Imposed on Ihe Ik:ens]ng or use of me a Ol't~are Application cemponent(e), ' 06/17/2004 08:35 FAX 5612784755 CITY ATTORNEY + City ~anager ~003/008 .Govern~en~ TeChnology 06/17/2004 08:35 F~× 5612764755 CITY RTTORNEY City Xanager ~1004/008 9.2 C-overnight Te~:hnoJ~y wl~ BdsA~ AJl~oc~menallOnshallberetumedto G'~R upon lennlnaI~n ofth~,,~ AIl odglnalt-q:~l. 1'he I~ov!elo~s ~ Ibis Seclk~ 9 shelf suave te~m~aSo~ of Ihte Agmem~t. t0. 10,1 da, ye ~n ~, ~ ~fl ~y all ~n~ due ~d ~ble ~ ~ ~t ~ ~ ~ ~ of ~.~. C~ ~ m~n ~e dell~m~ ~p~ ~ ~ ~ ~ ~ ~. 10~ In ~e ~t ~a ~ ~ ~~ ~ ~ ~ 10~ e~d~n 1~3 U~ ~1~ ~b~ ~ ~. ~ ~ ~ ~ ~e~b ~m~m ~ ~ ~. c~]Im',tmk~lofl charges pr~, ID Ihe pa~/to be noffited.- ~n ~-fl~ (45) 13. ~M~ 14. No 17, I~m 06/17/2004 08:35 FAX 5812784755 CITY ATT0RNEY + City Manager ~005/006 G~vernl~l~ht Technology 08/17/2004 08:35 FAX 5612784755 CITY ATT0RNEY + City Manager ~006/006 Gevern~nf TeGhnolo~¥ Timing: for J/d3 I:)~ Patt~pallon and ~ C~mpom~nt J~VMOlXTW~ and Delivery Code Enforcement Building Parm~ " BU~ [~ ~ ~t ~,~ ~ ~an~ & ~]~ ~~ ~.2~ 3. ~l Imp~ ~ Tm~ ~ ~e p~M ~ ~ a~ ~r In~e ~ ~nt ~~ In ~m~ 1 ~ ~ ~, ~h ~ ~unt ~ ~pen~ pa~ by ~r ~ GTR ~ J~ PmJe~ ~ and devM~ment and p~u~ de]~ ~ ~r ~ M~ base ~ ~u~ amount paM f~ eu~ b~ ~ent p~e) The above ~ will begin Im~l~liatel¥ upon ~xecuU~ of this Agreement. Each JAD project ~ he ~ssloned mul~Miy agreed upon sta~ ~ ~on date,, by GTI~ ~md Ihe O_,_-._~"ner. The JAD pm)ecl daac~ed I~ 'Schedule' 'A' L~ lo I~ ceml~eted no I~ter than one-~,~'ar from date of Agreement and 'Schedule' '^' ~ec~Oon, [ITY I)F DELRIIY BEI [H CITY ATTORNEY'S OFFICE 200 NW ]si. AYENUE · D]~LRAY BEACH, FLORIDA 33444 TELEPHONE 56[/243-?090 · FAC$I~vHLE 56]/278-4755 Writer's Direct Line: 561/243-7091 pE~LR~Y, B~C~ AlI.Amerlcl City DATE: TO: MEMORANDUM June 25, 2004 City Commission David Harden, City Manager FROM: Susan A. Ruby, City Attorney SUBJECT: Referendum Releasin,q Deed Restrictions Our office has researched various City-owned properties to see if deeds concerning the properties contain restrictions that require voters' approval for removal of the restriction. I have reviewed Deeds on certain lots owned by the City in Blocks 52, 44, 101, 92, 134, 109, and 117 (see Maps - Exhibit "A"). Some Deeds contained Reverter Clauses that cannot be released by a vote of the qualified electors of the City. For example, the south (six inches of Lot 9 and all of Lot 8 and 10 of Block 92 states the lots must be used for public parking purposes and if not it reverts back to the DDA. [Exhibit "B"]) Also, Lots 7 to 16 of Block 44 contains a reverter to the heirs of Samuel McGrew (Exhibit "C"). These lots were the subject of a quiet title suit some years before. Bill Doney, who handled the case, will be providing an opinion as to whether the reverter is still viable. The following two properties contain deed restrictions that can be released by the voters: All of Block 52 (Exhibit "D") and the North 48 feet of Lot 15 (Exhibit "E") Block 101 contains a provision requiring a release to be approved by the qualified voters of the City in order to use the properties or parts thereof for non-municipal or non- tennis center purposes and for the transfer and sale of the properties. (It should be noted that the restriction on Block 52 was previously released by a referendum, except the question posed stated that the land would be used for a public tennis facility. In order to insure the title if part of the Block was to be used for another purpose, another referendum should be held to omit the public tennis facility referendum [See Exhibit "F"].) I have prepared two packages and ordinances for the referendum. One ordinance, Ordinance No. 40-04 pertains to the North 48 feet of Lot 15, behind the currently existing library site, requesting the voters to release the restriction. The second package and Ordinance No. 41-04 pertains to Block 52, which if adopted, would release the property or part thereof from any restriction that was contained in the 1990 ballot question. The actual ballot wording and a copy of the ordinance(s) passed by the City Commission must be submitted by 5:00 p.m., Friday, September 10, 2004 in order to be placed on the November 2, 2004 general election ballot. Please contact me if you require changes to either ordinance or supporting documents. SAR:ci~-~ Attachments Cc: Chevelle Nubin, Acting City Clerk Diane Colonna, Director of the Community Redevelopment Agency MARllN LUTHER KING JR. DRIVE N.E. 2ND ST, ~ L ~ CITY HALL ~ ' I N.W. 1ST ST. N.W. 1ST ST. N.~, 1ST ST. -- . . . ~ SCHOOL ATLANTIC AVENUE ~ ~ HOUSE ~ ~ S.W. 1ST ST. S.W. 1ST ST, S.E. 1ST ST. ~ TENNIS CENTER / COMMUNI~ CENTER N,E. J k 1 ST ~/;//II?J~-I I~ 1~~° ATLANTIC ST. ATLANTIC PLAZA AVENUE ~DELITY F£D£RAL BANK VETERANS PARK N LEGEND A - RAILROAD LOT B - VILLAGE LOT C - GLADIOLA LOT D - CITY MARINA J THJ,8 ~l~mAHT1r Avenum~ ~3~ '~bXny ~h, FXoFtdn 33444, ~LFI~ ~y, to ~ CX~ OF D~, v~e m~8 Lo 100 N.M, XB~ A~num, co~Xderation, the ~oA~ot ~bese p~aeflts ~el gr~,.~a~ain, ooll, alien, ramA8o, rml~se, con~y, a~ conti~ B~Ch, Pa~ Wch CO~Cy, FIo~~ 9~, Ln r~u~ivLal~ of Bl~k of Bilk 99, ~ OZ ~nton, [~-~ CX~y of Exhibit B ~ ~'1'1~88 MISERItOF~, ~ho eaid £1rtst ~, hat, sXgnod and #'r,MIBS~ .,. Dolcay Bosch IMUn~:OWA by S~I ~atteis, ~l~ma~ c~ the- - - . r - t ~ity, ~ ~ did (did ~) ~ ~ ~* - ~_~ ; ~ AECORD ME. RIFlED .... p-,ii.-Iit]HF, A}~4~ PtA Exhibit C S~4~le&,. "~"*~' ...4 existing umdar the laws of the State of Florida, located o'r,h, ex. valuable eonsideratio-- to hex. ia hand paid by the ~arty of the second part, ~he receipt whereof is hereby acknowledged, has granted, bargained mad mold, a,~ by these presents does grant, bargain end sell to the said Party of the second part, its successors ..d assigns, the follcnr~ described propax.ty located. i ia Palm Beach Cotu~y, Florida, to-witr .'- .= -:..: All of Block Fifty-t~ (52) of the Clt~ of Delsey · Beach, £~merly the to~n o£ Li~ton, aeco~din~ to a This deed is made, executed and delivered ~o ~ grantee. herein earned f~ the purpose of giv~ and gienti~ to the paa~ of the seccn~ p4L~t, ltl sueeaslox.s, legal representa~lvel ahoy. dpserib~/for public poses; ~ ~id prope~ in ~ to be sold, c~ey~ o~ dispos~ of by t~ ~ of ~ seo~ ~ K~o~ f~st ~tt~ to a v~e of t~ ~ ~ifi~ ~erl of ~ City of ~ay Bea~ ~e questi~ as ~o ~e~ o~ not ~ ~id '~ ~f ~ seo~d p~t ~11 se~ or ~spose of ~id ~eal estate; .: ~rt, its s~cassorl ~ ass~, ~ ~ ~ ri~ ~o l~se or ~e ~ above ~seri~ pre, sas for ~ a~etic e~ests froa t~ to t~ ~ to ~e of ~id ~a ~ a~etie contests · -' EXhibit D ~BSOLOTzGo ~0. 4-90 O! ~ ~ 13~ 1990 D~ ~ ~e SaXe, ~nUy~e ~ dis~oal of ~e Pa~ ~, S~te o~ FZor~a, ~1 of B~ock S2f ~ ~ D~ ~ (fOlly Plat ~ l, Page 3. ~ .~X h PXa~ on ~e ~r~ 13, 1990 'Y~S'-~ ~' ballot shall c~arly ~'Ztcata spaces to answr - to the aboee quentin. s~ct~ 3. Should · u:Jor~ty o£ the ~tez8 ~aat~ng the &hove-described ~es~on anMr 'YfS,' the 1990 - 2 - Rea. No. 4-90 ~, b'~eceipt ~T~ is he?eh; a~ledf~, ~ f~ted, se~ ~ ~ sa~d pa~ ~ th second ~t, ~ts s~cess~s 0.~ as- s~ b ~o~o~ ~se~$~ ~o~r~ Zocat~ ~ Pah h~ Th~s deed it Bade, executed m~d delAwred t?fthe frantoe he?e~n ~Mmed for "' ' the purpose c~ fiv~n( and frant~n~ to tm pa,*-ty of the soc~d p~t xes ~cess~s, bs~t ?epresent&tXvea and ess'i tho use t.d benefit oF the ebove descl*lbed property Fo~* publlc Seal ) A~., X9~6, ~efo~e Be pe~sonal~y a~peo~ed ~e~oX.va y~/8outha~A, X~ ~ b 8~e or.YXor~h~ to m ~ ~e b ~e ~e~on ~e a~o~e~d ~e mau~on ~e~eF ~o b he~ F~ee aa~ ~ dee~ ~ wu~ offioe~ re~ ~e uses ~ ~ses ~eTein ~lon~J ~d ~ e~ ~fi~ ~Te~o She of~ol~ se~ o~ said ~ion, ~ b~ the said i~mnt la ~e ~ ~ ~ee~ 00~o~l~10~o ~ ~ e~ last s~ Coan~ ~ State b /~." -- ~ :l H~S~ CERT,~'z, That on th~s ~W-~do~ ~ ~:~t:~&..Do~, ~936t 8outha~dK President ~ 8out.rd Ylor~da, to m ~o~ to ~e tho ~roon ~o 8~ the ~ore~ ln'str~n~ u ouoh ~f~eer ~ he ac~led~ tho ~cut~on there to be h~8 free ae~ ~d deed ~ suoh offf~e~ for ~e uses ~d pure poses th~e~n rent,shed, i~ ~ the sa~d ~nstr~nt ~g ~e 8~t ~ doe~ of "~ co.oration. ' ' County and Stats, the day and year la~t- ~ oon=~ss~on exp~reel Butler, CIm4~ Clreufl Cou~ Pabu Beech MARTtN LUTHER KING JR. DRI~'E N.E. 2NO ST. ~ ~ CITY I HALL , N.W. 1ST ST. N,~/. 1ST ST. . N.£, 1ST ST. .-~ ~ CE, TER / STADIUM ATLANTIC AVENUE ~OUC~ COMPLEX SOU TH COUNTY S.W. 1ST ST. N TENNIS CENTER / COMMUNI~ CENTER between ~A Z. KO~l, a wt4~. of the get7 of ~N~OOla, State of ~abm, ~ ~XA L HO~B, a at~le womu, of the Cowry of Pa~ ~eae~ an~ State of Florida, party of wXT~eqSlTH: Treat t~e la£~ partiel of the ftrlt ptrt. for and in oonilderatxon of toe lure of One Dollar ($1.00~ a~d whereof Al hereby acknowledgen, ~ave gra~ted, barga£ne~, IOld a~d tranmferrec, amd by these p~eeente do grant, barsatn, dell auld The Berth ~'orty-eA~ht feet tl. 48') of FAfteen (l~), Blo~k One Rundre~ One of ~he CAty of ~el~y ~aeh, fo~erly Ltnton, aoco~ to t2l plat t~ereof on ftll In the off,ed of the Clqrk of tad CA--At Court ll~[~O~ ~TS~l~iW~ ACAXWST SA~ PROP~. ~e~ for ~nXe~'pal p~p~lee a~ Aa dot to dele or tr~lferr~ by la~ City wXth~ flrat ebta~nX~fr~ the ~alAf~ v~erl of laX~ to be held for ~ne pu~cae of ~btatatng the eon- sent a~ pe~tamton of the maJortty Of the qualified voter~ of the CA~y of &elray ~aeh, Exhibit E ~ETKIR w~th all t~e ~eoe~em~e, hereAitameatw taLA appurtenaaoew, w~b eve~ prXvAle~e, r~t, ~X~le. ~erea~ ~A tae oa~d party of the'eecood p~t t~t they ~e la~ully oeAzed Z ~ OIITX.I"T, 'bat ea tl~.s ~'? :'-- 4a7 of ~Ll, A. 'before m ~e~ i~e~ ~A I. E~, a wM~, ~e ~ ~ s~at~e a~ off~o~l seal a~ ~e~oooa, eeL4 county an4 orate, the day a~d year l~41t afortlatd Se&l ~q~ ecgm~eoLo~ expXren: -~TAT~ OF FIZ)JlZ. bA ) C01711~' O~ RILL~BCiIOUQii ) I X~ C~TI~, T~at on. th~o ~day to me known to be one of the peraon8 Geoorib~ l& a~ who ~em tree fore~oA~ conveyance, and oma ack.legged the exeeutAon ~Ae~oof to be her f~ee &at ~ deed for. the uoe8 one WX~S ~ l~g~ture a~ off,sAil seal at T~pa. 01~ b~84 P~ NOTI(~ OF ~ULT8 OF RBF~m~_rq~ m'.lt,~FIf~, WHEREAS, by separate deeds from Carolyn F. Southard to the City of Delray Beach dated August 17, 1936, and recorded in Deed Book 532, Page 311, and from Southard Investment Company to the City of Delray Beach dated September 9, 1936, and recorded in Deed Book 532! Page 313, the City of Delray Beach, Florida, acquired title to the following"described property located in Palm Beach County, Florida, to-wit: All of Block 52, TOWN OF DELRAY BEACH (formerly the Town of Linton), according to the plat on file in the Office of the Clerk of -the Circuit Court, in and for Palm Beach County, Florida, in Plat Book 1, Page 3, said property being mere commonly known as the Central Fire Station site located at lel West Atlantic Avenue, Delray Beach, Florida. and; City of language the same: WHEREAS, both of the above-described deeds to the Delray Beach contain the followin9 restrictive pertaining to the sale, conveyance or disposal of '...that said property is not to be sold, conveyed or disposed of by the party of the second party without first submitting to a vote of the duly qualified voters of the City of Delray Beach the question as to whether or not the party of the second part shall sell or dispose of said real estate,m and~ WHEREAS, the City of Delray Beach has utilized the above-described property for municipal purposes, i.e., a Central Fire Station has been constructed and operated from the site since approximately 1936 to the present date~ and WHEREAS, the City Co~ission of the City of DELRAY Beach, Florida, has determined that it is necessary to construct a new Central Fire Station in the City and that the existing fire station site located on the above-described property may be sold as excess City property~ and Exhibit F WHEI~EAS, on or about Watch 13, 1995, an election was held and the following referendum question appeared on the ballot~ AUTHORIZATION OF SALE OF CENTRAL FIRE STATION PROPERTY In 1936, the City acquired the Central Fire Station property located at 151 West Atlantic Avenue. The site is no longer · large enough to serve the City's needs. The deeds provide that, if authorized by the voters, the City may sell the property~ Proceeds from the sale will be used for the development of a public tennis facility. SHOULD THE CITY HAVE THE AUTHORITY TO BELL PROPERTY LOCATED AT 1~1 WEST ATLANTIC AVENUE? YES NO NOW, THEREFORE, the undersigned City Clerk of the City of Delray Beach, Florida, hereby declares and serves notice that the results of the above-described referendum election were as follows: YES 6.364 NO 2.747 and thereby, a majority of the voters casting a ballot at the referendum election held on March 13, 1995, have voted to authorize the City to sell the property located at 1~1 West Atlantic Avenue, also known as All of Block 52, TOWN OF DELRAY BEACR (Plat Book 1, Page 3). CITY CLERE- J ! SWORN TO AND SUBSCRIBED before me this ~Q day of  C~' 1995. ~.~ ...... Package # 1 Ordinance No. 40-04 PROCLAMATION WHEREAS, pursuant to the Charter and Code of Ordinances of the City of Delray Beach, Florida, the City has by resolution authorized a Special Election to be held on Tuesday, the 2nd day of November, 2004; and WHEREAS, a notice is hereby given calling for a special election on November 2, 2004, to vote on a referendum question set forth in Ordinance No. 40-04 regarding the release of the part of Lot 15, Block 101 located behind the current library site at 29 S.E. 4th Street and fronting on S.E. 5th Avenue from deed restrictions and allowing for the transfer of land for non-municipal purposes which require consent of the majority of the voters voting in the election. NOW, THEREFORE, I, JEFF PERLMAN, Mayor of the City of Delray Beach, Florida, on behalf of the City Commtssion, do hereby call for a Special Election to be held on Tuesday, November 2, 2004, between the hours of 7:00 a.m. and 7:00 p.m., with all the predmcts and polling places in the City of Deb:ay Beach as designated by the Supervisor of Elections for Palm Beach County. The hours of the election will be 7:00 a.m. to 7:00 p.m. at polling places within the City of Delray Beach posted at City Hall. AI.I, QUALIFIED ELECTORS of the City of Delray Beach, Florida, shall be qualified to vote in such election. IN WITNESS WHEREOF, ! have hereunto set my hand and caused the Official Seal of the City of Deb:ay Beach, Florida, to be affixed this day of ~ 2004. JEFF PERLMAN MAYOR RESOLUTION NO. 50-04 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, CALLING FOR A SPECIAL ELECTION TO BE HELD ON NOVEMBER 2, 2004, TO PROVIDE FOR A REFERENDUM ON THE QUESTION PRESENTED IN ORDINANCE NO. 40-04 REGARDING THE RELEASE OF DEED RESTRICTIONS AND ALLOWING FOR TRANSFER OF THE NORTH 48 FEET LOT 15, BLOCK 101, LOCATED BEHIND THE CURRENT LIBRARY SITE AT 29 S.E. 4TM STREET AND FRONTING ON S.E. 5TM AVENUE, PROVIDING FOR THE TIME, MANNER AND MEANS OF HOLDING SAID ELECTION, PROVIDING A SAVING CLAUSE AND AN EFFECTIVE DATE. WHEREAS, Ordinance No. 40-04 provides for a referendum to be held on the question presented therein concerning whether the majority of the qualified voters in the City voting in a special election consent and give permission for the City to release any restrictions in the deed and consent to the transfer and sale of the North 48 feet of Lot 15, Block 101, which requires approval by the citizens as herein mentioned and as set forth in Ordinance No. 40-04; and WHEREAS, the City of Delrey Beach, Florida, desires to call for a special election on the matter; and WHEREAS, the City Commission directs the City Clerk to take all steps necessary to hold a special election and provide all notices required in accordance with Article V, Elections of the City Charter, Chapter 34, "Elections" of the Code of Ordinances of the City of Delray Beach and General Law. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the recitals set forth above are incorporated as if fully set forth herein. Section 2. For the purpose of removing Deed Restrictions and allowing the sale and transfer of property legally described as: The North 48 feet (N48') of Lot Fifteen (15), Block One Hundred One (101) of the Town of Delray, formerly Linton, according to the Plat thereof on file in the offices of the Clerk of the Circuit Court in and for Palm Beach County, said deed being recorded at Book 525, Page 504 of the Public Records of Palm Beach County and referred to herein as the plat located behind the library. There shall be placed on the November 2, 2004 general election ballot, the following question: QUESTION SALE AND TRANSFER OF LAND DO YOU CONSENT TO RELEASE RESTRICTIONS CONTAINED IN A 1936 DEED ALLOWING THE NORTH 48 FEET OF LOT 15, BLOCK 101, LOCATED BEHIND THE EXISTING LIBRARY AND FRONTING ON SOUTHEAST FIFTH AVENUE AND AS MORE PARTICULARLY DESCRIBED IN ORDINANCE NO. 40-04 TO BE TRANSFERRED, SOLD AND CONVEYED FOR REDEVELOPMENT AND NON-MUNICIPAL PURPOSES? YES [] NO [] Section 3. Said election shall be held at polling places and precincts designated by the Supervisor of Elections and as kept on file in the office of the City Clerk for the City of Delray Beach, Florida. Section 4. This resolution shall take effect immediately upon passage. PASSED AND ADOPTED in regular session on this the __ day of ., 2004. ATTEST: MAYOR City Clerk ORDINANCE NO. 40-04 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PROVIDING FOR A REFERENDUM OF THE QUESTION OF WHETHER THE MAJORITY OF THE QUALIFIED VOTERS OF THE CITY VOTING IN THE REFERENDUM SPECIAL ELECTION GIVE THEIR CONSENT FOR THE RELEASE OF DEED RESTRICTIONS AND ALLOWING THE TRANSFER AND SALE OF THE NORTH 48 FEET OF LOT 15, BLOCK 101, LOCATED BEHIND THE CURRENT LIBRARY SITE AT 29 S.E. 4TH STREET AND FRONTING ON S.E. 5TM AVENUE IN THE CITY OF DELRAY BEACH, AS MORE PARTICULARLY DESCRIBED HEREIN; PROVIDING FOR A REFERENDUM ON THE ISSUE TO BE HELD ON NOVEMBER 2, 2004 AND PROVIDING AN EFFECTIVE DATE. WHEREAS, one of the deeds to the City on property owned by the City located behind the current library provides that the North 48 feet of Lot 15, Block 101 is to be used for municipal purposes and not to be sold or transferred by the City without first obtaining from the majority of qualified voters of said City, permission to sell and convey said lands; and WHEREAS, the restrictions set forth above are set forth in the Deed dated April 23, 1936 to the City of Delray Beach on property legally described as the North 48 feet (N48') of Lot Fifteen (15), Block One Hundred One (101) of the Town of Delray, formerly Linton, according to the Plat thereof on file in the offices of the Clerk of the Circuit Court in and for Palm Beach County, said deed being recorded at Book 525, Page 504 of the Public Records of Palm Beach County and referred to herein as the plat located behind the library; and WHEREAS, approval of the majority of the qualified voters of the City for the release of the same restrictive covenant was obtained by referendum held on March 13, 2001 on property located on the South 50 feet of Lot 8 and all of Lot 9, Block 101 where the current library is situated; and WHEREAS, in order to fully redevelop the site behind the currently existing library site, the restrictions need to be removed; and WHEREAS, the new library is to be built on land located west of Swinton adjacent to the, South County Courthouse site. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA: Section 1. That the City Commission of the City of Delray Beach, Florida, hereby incorporates the recitals set forth above and hereby incorporates them herein in their entirety: Section 2. That the City Commission of the City of Delray Beach seeks the consent and permission of the majority of the qualified electors of the City of Delray Beach voting in a special election to release the restriction regarding the use of the property for municipal purposes and to the transfer and sale of that part of lot located behind the current library property and as legally described in the recitals incorporated herein above. Section 3. That a special election will be held on November 2, 2004 on the release of the restrictions on the property described in the recitals. Section 4. The form of the ballot to be used in the referendum shall be as follows: QUESTION SALE AND TRANSFER OF LAND DO YOU CONSENT TO RELEASE RESTRICTIONS CONTAINED IN A 1936 DEED ALLOWING THE NORTH 48 FEET OF LOT 15, BLOCK 101, LOCATED BEHIND THE EXISTING LIBRARY AND FRONTING ON SOUTHEAST FIFTH AVENUE AND AS MORE PARTICULARLY DESCRIBED IN ORDINANCE NO. 40-04 TO BE TRANSFERRED, SOLD AND CONVEYED FOR REDEVELOPMENT AND NON-MUNICIPAL PURPOSES? YES [] NO [] Section 5. If a majority of the qualified voters of the City of Delray Beach actually voting in a referendum vote for the question, then it will take effect immediately on its passage. If a majority of the qualified voters of the City of Delray Beach voting in this referendum vote against the question, then this ordinance shall have no force and effect. Section 6. final reading. That this ordinance shall become effective upon its passage on second and 2 ORD. NO. PASSED AND ADOPTED in regular session on second and final reading on this the day of ,2004. A"FrEST: MAYOR CITY CLERK First Reading Second Reading 3 ORD. NO. ' I 1ST 2ND i ~ N.E. I: ;T¢. I/ i F/DELI TY FEDERAL BANK ST. ATLANTIC PLAZA AVENUE VETERANS PARK / 0 0 ST. SEA CA TE TO WER S RR BAR ~ARBOUR CONDO N LEGEND A - RAILROAD LOT B - VILLAGE LOT C - GLADIOLA LOT D - CITY MARINA v~m~m o~ tam ~t~ iM4M4, oeaJ~t aaa AeXAve~e4 in Ot~ )Tole:nee; NOTICE OF SPECIAL ELECTION The City of Delray Beach, Florida, hereby gives notice, pursuant to Florida Statutes 100.342, that a Special Election shall be held on November 2, 2004 on the referendum question passed by Ordinance No. 40-04 to wit: QUESTION "SALE AND TRANSFER OF LAND" DO YOU CONSENT TO RELEASE RESTRICTIONS CONTAINED IN A 1936 DEED ALLOWING THE NORTH 48 FEET OF LOT 15, BLOCK 101, LOCATED BEHIND THE EXISTING LIBRARY AND FRONTING ON SOUTHEAST FIFTH AVENUE AND AS MORE PARTICULARLY DESCRIBED IN ORDINANCE NO. 40-04 TO BE TRANSFERRED, SOLD AND CONVEYED FOR REDEVELOPMENT AND NON-MUNICIPAL PURPOSES? YES NO CITY OF DELRAY BEACH, FLORIDA PUBLISH: The News Barbara Garito City Clerk [This publication shall be made at least twice, once in the fifth week and once in the third week prior to the week in which the referendum is to be held, at least 30 days prior to the referendum date.] NOTICE OF RESULTS OF REFERENDUM ELECTION HELD ON NOVEMBER 27 2004 The City of Delray Beach, Florida held a referendum election on November 2, 2004 at a Special Election regarding a release of a deed restriction contained in a deed from Lucetta E. Horne and Lelia Horne to the City of Delray Beach, Florida dated April 23, 1936 on property legally described as follows: The North 48 feet of Lot 15, Block One Hundred and One (101) of the Town of Delray, formerly Linton, according to the plat thereof on file in the Office of the Clerk of the Circuit Court in and for Palm Beach County, said Deed being recorded at Book 525, Page 504 of the Public Records of Palm Beach County. The deed referred to above contained the following restrictive language: "This land is conveyed to the City of Delray Beach for municipal purposes and is not to be sold or transferred by said City without first obtaining from the qualified voters of said City permission to sell and convey said lands; said permission to be obtained at a special election to be held for the purpose of obtaining the consent and permission of the majority of the qualified voters of the City of Delray Beach, Florida." On November 2, 2004, a special election was held and the following referendum question appeared on the ballot: QUESTION "SALE AND TRANSFER OF LAND" DO YOU CONSENT TO RELEASE RESTRICTIONS CONTAINED IN A 1936 DEED ALLOWING THE NORTH 48 FEET OF LOT 15, BLOCK 101, LOCATED BEHIND THE EXISTING LIBRARY AND FRONTING ON SOUTHEAST FIFTH AVENUE AND AS MORE PARTICULARLY DESCRIBED IN ORDINANCE NO. 40-04 TO BE DRAFT 6-24-04 TRANSFERRED, SOLD AND CONVEYED FOR REDEVELOPMENT AND NON-MUNICIPAL PURPOSES? YES [] NO [] NOW, THEREFORE, the City Clerk of the City of Delray Beach, Florida serves notice that the results of the above-described referendum election were as follows: YES NO The Majority of the voters casting a ballot at the referendum election held on November 2, 2004, have voted to release the deed restrictions on the property and authorize the transfer, sale and conveyance of the land known as the North 48 feet of Lot 15, Block 101 of the Town of Delray, formally Linton, according to the Plat thereof on file in the offices of the Clerk of the Circuit Court in and for Palm Beach County, said deed being recorded at Book 525, Page 504 of the Public Records of Palm Beach County. DATED this day of ,2004. SWORN TO AND SUBCRIBED Before me this day of CITY CLERK ,2004. DRAFT 6-24-04 Package #2 Ordinance No. 41-04 PROCLAMATION WHEREAS, pursuant to the Charter and Code of Ordinances of the City of Delray Beach, Florida, the City has by resolution authorized a Special Election to be held on Tuesday, the 2nd day of November, 2004; and WHEREAS, a notice is hereby given calling for a special election on November 2, 2004, to vote on a referendum question set forth in Ordinance No. 41-04 regarding the release of Deed Restrictions and allowing the transfer and sale of Block 52, located on the Northwest comer of N.W. 1st Avenue and Atlantic Avenue, which requires the consent of the majority of the voters voting in the election. NOW, THEREFORE, I, JEFF PERLMAN, Mayor of the City of Deltay Beach, Florida, on behalf of the City Commission, do hereby call for a Special Election to be held on Tuesday, November 2, 2004, between the hours of 7:00 a.m. and 7:00 p.m., with all the precincts and polling places in the City of DeLtay Beach as designated by the Supervisor of Elections for Palm Beach County. The hours of the election will be 7:00 a.m. to 7:00 p.m. at polling places within the City of Delxay Beach posted at City Hall. ALL QUALIFIED ELECTORS of the City of Delray Beach, Florida, shall be qualified to vote in such election. 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 day of ., 2004. JEFF PERLMAN MAYOR RESOLUTION NO. 51-04 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, CALLING FOR A SPECIAL ELECTION TO BE HELD ON NOVEMBER 2, 2004, TO PROVIDE FOR A REFERENDUM ON THE QUESTION PRESENTED IN ORDINANCE NO. 41-04 REGARDING THE RELEASE OF DEED RESTRICTIONS AND THE TRANSFER AND SALE OF BLOCK 52, LOCATED ON THE NORTHWEST CORNER OF N.W. 1sT AVENUE AND ATLANTIC AVENUE, AS MORE PARTICULARLY DESCRIBED IN ORDINANCE NO. 41-04, PROVIDING FOR THE TIME, MANNER AND MEANS OF HOLDING SAID ELECTION, PROVIDING A SAVING CLAUSE AND AN EFFECTIVE DATE. WHEREAS, Ordinance No. 41-04 provides for a referendum to be held on the question presented therein concerning whether the majority of the qualified voters in the City voting in a special election consent and give permission for the City to release restrictions in the deed and consent to the transfer and sale of Block 52, which requires approval by the citizens as herein mentioned and as set forth in Ordinance No. 41-04; and WHEREAS, the City of Delray Beach, Florida, desires to call for a special election on the matter; and WHEREAS, the City Commission directs the City Clerk to take all steps necessary to hold a special election and provide all notices required in accordance with Article V, Elections of the City Charter, Chapter 34, "Elections" of the Code of Ordinances of the City of Delray Beach and General Law. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the recitals set forth above are incorporated as if fully set forth herein. Section 2. For the purpose of removing Deed Restrictions and allowing the sale and transfer of property legally described as: Block fifty-two (52) of the City of Delray Beach, formally the Town of Linton, according to the Plat thereof on file in the offices of the Clerk of the Circuit Court in and for Palm Beach County, said deed being recorded at Deed Book 532, Page 313 of the Public Records of Palm Beach County There shall be placed on the November 2, 2004 general election ballot, the following question: QUESTION SALE AND TRANSFER OF LAND DO YOU CONSENT TO RELEASE RESTRICTIONS CONTAINED IN 1936 DEEDS ALLOWING BLOCK 52 LOCATED ON THE NORTHWEST CORNER OF N.W. 1sT AVENUE AND ATLANTIC AVENUE AND AS MORE PARTICULARLY DESCRIBED IN ORDINANCE NO. 41-04 TO BE TRANSFERRED, SOLD AND CONVEYED FOR REDEVELOPMENT AND NON-MUNICIPAL PURPOSES? YES [] NO [] Section 3. Said election shall be held at polling places and precincts designated by the Supervisor of Elections and as kept on file in the office the City Clerk of the City of Delmy Beach, Florida. PASSED AND ADOPTED in regular session on this the __ day of ,2004. ATTEST: MAYOR City Clerk ORDINANCE NO. 41-04 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PROVIDING FOR A REFERENDUM OF THE QUESTION OF WHETHER THE MAJORITY OF THE QUALIFIED VOTERS OF THE CITY VOTING IN THE REFERENDUM SPECIAL ELECTION GIVE THEIR CONSENT FOR THE RELEASE OF DEED RESTRICTIONS, AND ALLOWING THE TRANSFER AND SALE OF BLOCK 52 LOCATED ON THE NORTHWEST CORNER OF N.W. 1sT AVENUE AND ATLANTIC AVENUE IN THE CITY OF DELRAY BEACH, AS MORE PARTICULARLY DESCRIBED HEREIN; PROVIDING FOR A REFERENDUM ON THE ISSUE TO BE HELD ON NOVEMBER 2, 2004 AND PROVIDING AN EFFECTIVE DATE. WHEREAS, two of the deeds to the City on property owned by the City located on the Southeast corner of the Tennis Center site provides that Block 52 is to be used for municipal purposes and not to be sold or transferred by the City without first obtaining from the majority of qualified voters of said City, permission to sell and convey said lands; and WHEREAS, the restrictions set forth above are set forth in the Deed dated September 9, 1936 to the City of Delray Beach on property legally described as Block fifty-two (52) of the City of Delray Beach, formally the Town of Linton, according to the Plat thereof on file in the offices of the Clerk of the Circuit Court in and for Palm Beach County, said deed being recorded at Deed Book 532, Page 313 of the Public Records of Palm Beach County; and WHEREAS, the restriction is also contained in a Deed dated August 17, 1936 on Block 52, as recorded in Deed Book 532, Page 311 of the Public Records of Palm Beach County. WHEREAS, approval of the majority of the qualified voters of the City for the release of the same restrictive covenant was obtained by referendum held on March 13, 1990 on property on all of Block 52, in order to use the property for a public tennis facility. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA: Section 1. That the City Commission of the City of Delray Beach, Florida, hereby incorporates the recitals set forth above and hereby incorporates them herein in their entirety: Section 2. That the City Commission of the City of Delray Beach seeks the consent and permission of the majority of the qualified electors of the City of Delray Beach voting in a special election to release the restriction regarding the use of the property for municipal purposes and as a public tennis facility and to permit the transfer and sale of Block fifty-two (52) located on the Northwest corner of N.W. 1st Avenue and Atlantic Avenue, and as legally described in the recitals incorporated herein above. Section 3. That a special election will be held on November 2, 2004 on the release of the restrictions on the property described in the recitals. Section 4. The form of the ballot to be used in the referendum shall be as follows: QUESTION SALE AND TRANSFER OF LAND DO YOU CONSENT TO RELEASE RESTRICTIONS CONTAINED IN 1936 DEEDS ALLOWING BLOCK 52 LOCATED ON THE NORTHWEST CORNER OF N.W. IsT AVENUE AND ATLANTIC AVENUE AND AS MORE PARTICULARLY DESCRIBED IN ORDINANCE NO. 41-04 TO BE TRANSFERRED, SOLD AND CONVEYED FOR REDEVELOPMENT AND NON-MUNICIPAL PURPOSES? YES [] NO [] Section 5. If a majority of the qualified voters of the City of Delray Beach actually voting in a referendum vote for the question, then it will take effect immediately on its passage. If a majority of the qualified voters of the City of Delray Beach voting in this referendum vote against the question, then this ordinance shall have no force and effect. Section 6. final reading. That this ordinance shall become effective upon its passage on second and 2 ORD. NO. PASSED AND ADOPTED in regular session on second and final reading on this the day of ,2004. ATTEST: MAYOR CITY CLERK First Reading Second Reading 3 ORD. NO. MARTIN LUTHER KING JR. DRIVE N.E. 2ND ST. ~ CITY I HALL ~ $ TEl ~ SQUARE ATLANTIC AVENUE POLICE COMPLEX SOUTH -- Z HOUSE TENNIS CENTER / COMMUNI~ CENTER ~ N.E. 2ND ' ' ST. ' ~ 1ST ATLANTIC PLAZA RDELITY FEDERAL BANK SEAGATE TOWERS N LEGEND A - RAILROAD LOT B - VILLAGE LOT C - GLADIOLA LOT d - CITY MARINA "'* ~ ~ ,~811 I I'~''~' =dar "" ''"' of "' "ta'' of ''"ida, 'ut"'-' in ''- / l County OF Palm Beach, ~n the -easts of Florida, par~F of the W~T~S~TH; That the said pa~t~ of the first {~t, ~o~ -~ ~..., ...... o~her ?aluable considerations to her in h~ paid by the ~A'tF of frantsd, bargained and sold, and by these presents does grant, successors and assigns, the foll~rin~ desc~ibed properby looate~ · in Palm Beach Cra]nay, Florida, to-wit~ ' .'- '.-~ -.".: Th~s deed is umde, executed and delivered to the grantee · herein named fo~ the pu~posa of givinf &nd f~&utinf to ~he party of tho second part, its eneesssors, legal representatives and i assi~uc, tho uss and benefit of tho above d~scribPe~or~Ypublie play lr~, public school an~ other public nmn~cipal pu~- poses; the~ said pro~6;L; is not to be sold, G~vdyod or disposed of b7 the part3, of ~he sscand ~ ~o~ f~st ~tt~ to a v~e of tb ~ ~f~e~ voters o~ t~ C~ty of ~ay P~ ~1 se~ or ~spose of Md ~eal ea~ate~ ~t, it8 ~eeflors ~ asa~, ~ ~ve ~ r~t Co lot use the above described premises for the purpose o£ holdinf athletic contests ~om t~,ne to CLue and to chugs ad~Lssien fo~ use of said g~ounde when a~hletic contests are held ~pon the same. RESOL~TIOif NO. 4-90 OF DBLRAX BEACH, IPLOIZDA, AUTBOIXIX]~ ~ ~ 13, 1990 D~ ~ OF C~ p~ ~ AT 101 ~on ~g ~ ~e sale, ~7~e or dls~gll of fol~ ~ ~a~ Ln ~ ~ty of ~ay b~, ~ of U1 of Bloc~ 52, M ~ D~ BM ~ ~e o~F ~ as ~ f~ s~ l~a~ a% 101 ~s~ A~ A~uo, ~ a~l ~ Pla~ on b ~r~ 13, ~090 eleven ~A~I hX~t b ~o11~ ~es~Aon, e~ p~ lo~ at 101 ~et Atl~a ~e d~8 ~lde ~ If au~A~d ~ b v~s, ~e ~ ~y sell ~ P~2. ~ fr~ ~ sale w~l ~o · y~S'-~4 '~-ballot ~hall clearly ~m~Lcate ~s to anmmr · o ~ abo~e ~eatA~n. il{. _Sene/on 2.. had elec~Lou she/1 be held at tho sm ~.::?_ _m._~f~___, .~ ~ ,e~..l m:?.tp~.s ~ ,:h. ct,~, as the · esl:ion 3. Should · magnify of the vol:ers ,,est..Lng provided, nothing oo~'~.aIned in 'dj.ts Be·slutish o~ in the · 'P£trm~'ci.ve vo~e o:[ · milJortty of the vote.cs shall c(:mpel the (:aml. ssion to sell the property. Seo~L(~n 4. Th·i: 1:his rssol, u'G.t.on shall t.umed.'~i:el:y upm~ PASSBD MID ~ l:.h:Ls l:he 16th day of 1990. Res. No. 4-90 A. D. 193~, betweem ~2f~ARD ~ CO., a Florida' .. ~orp~tifl" with its prineip&l place of ~us~uess ~n tho City of West Pal~ Beach, Palm Beach Co~xty, Brats of Florida, ~f the first, part and the CIT~ O~/~qAy BRACH, a mmAeipal corpo~tlon ~reated -,,,~ exist~u~ ~q~r ~e ~va ~A~, located ~ t~ Co~ty of P~ ~eh, ~- able e~erati~ to It ~ ~ paid ~ ~ ~ of ~' see~ ~t~ ~ receipt ~eof ia hareby a~el~g~, bargained ~ ao~, ~ ~ C~e presets does ~, b~ga~ aelX ~ ~ said ~ of t~ second ~, its s~cess~a ~ as- at~, b follov~ deloFt~ ~o~r~ locat~ A!~ of Block Fifty-twO (50) O~' t~O City Of Delray Beach, foruerl~ the Town of Liut~, aceord~ to a ~ of ~e ~l~alo~'of said To~ of L~ ~ ~e ~ ~ office of C~ Cle~k of b C~o~ b~e~ ~ for ~o ~se of fiv~ ~ gr~t~f to b pa~ of t~ see~ ~ ~to ~eess~s, ~g~ representatives ~d t~ ue --~ ~efit of ~b above ~scribed proper~ f~ ~ose8j t~t said ~op~y ia ~t to be sold, 'c~e~ ~ ~s- posed of ~ t~ ~2 ~ b ~eo~ ~ ~ f~st to a ~te of ~ ~ q~d ~ of tb Cl~ of ~ Beach b q~o~l~.~ ~o ~bF oF not ~ ~y of ~e sec~ ~t se~ ~ ~s~se of said ~ esSaY. 1T 1:8 ~FDER~TOOD ABD ~C~EED that the party of the second part, tie .sueoesacTs or aes~, shall hove tho right to lease o~ use Ch~ above described prenLises for tho purpose of holdiug a~letia contests f~om tiue to t~-, and to charge admission for ~he usa of said ~ounb when a~hXe~io contests are hold upon -. ~: "U'_ '_...- ............... ~[-'~ ! ~ (:~R~Y, That on this ~1~d87 ~ ~ A~Dos ~.936s bo~o~e Be pe~eonL~y &lrpe&Ted ~o~.Tn SooFe~&z-j~ er 8out~m~.4 Z~vee~nent (~o,, · ooz'poF&~lon unde~ ~cho ~e~d ~e mQutLon ~enoF to be hez r~ee ao~ ~ deed ~ ~ I~ ~fi~ ~bTe~o ~he e~iai~ 8e~ of laid ~o~oFa- oe~o~a~ion. 's-dd Coun~ &nd State 5a2 315 193~. ~'.,~o 8outh~rdL l~reeidsnt ef 8outhard ~lor~da~ to ~ ~o~ to ~e the per,o~ ~e ~,d the ~ore~l~ instant aa ,~oh ~floe= ~ he ao~led~ the e~c~tlon there po~ei tBeret~ ~ntloned. a~ th&t the lal~ t~str~nt tl ~e and dee4 e~ Mid co~oratlon. ' ' signature and cfflcl~Z seal at County und State, the day and year last Ifo.--osa:Ld · MARTIN LUTHER KiNG JR. DRI~[ N.E. 2NO ST. ~ CITY -- ~ HALL - N.W. 1ST ST. ,,~,"= N.W. 1ST ST. N.[, 1S? SI. ~,~ -'"-~3.J COMI LINITY CE TER ~.~ Z .L ~ ~ -- ~. ,~ ~ SCHOOL ~ ~ ~'~ ~. Z SQUARE TENNtS STADIUM ATLANTIC AVENUE POLICE : Z COMPLEX SOU TH I '// IIII ~ COURT :~: -~-- *_ z HOUSE i I · ~1 I S.W. 1ST ST. S.~. 1ST ST. S.E. 1ST ST. N TENNIS CENTER / COMMUNI~ CENTER ~ ~ ~, ~ ~ T~ M~ NOTICE OF SPECIAL ELECTION The City of Delray Beach, Florida, hereby gives notice, pursuant to Florida Statutes 100.342, that a Special Election shall be held on November 2, 2004 on the referendum question passed by Ordinance No. 41-04 to wit: QUESTION "SALE AND TRANSFER OF LAND" DO YOU CONSENT TO RELEASE RESTRICTIONS CONTAINED IN 1936 DEEDS ALLOWING BLOCK 52 LOCATED ON THE NORTHWEST CORNER OF N.W. 1sT AVENUE AND ATLANTIC AVENUE AND AS MORE PARTICULARLY DESCRIBED IN ORDINANCE NO. 41-04 TO BE TRANSFERRED, SOLD AND CONVEYED FOR REDEVELOPMENT AND NON-MUNICIPAL PURPOSES? YES NO CITY OF DELRAY BEACH, FLORIDA PUBLISH: The News Barbara Garito City Clerk [This publication shall be made at least twice, once in the fifth week and once in the third week prior to the week in which the referendum is to be held, at least 30 days prior to the referendum date.] NOTICE OF RESULTS OF REFERENDUM ELECTION HELD ON NOVEMBER 2~ 2004 The City of Delray Beach, Florida held a referendum election on November 2, 2004 at a Special Election regarding a release of a deed restriction contained in a deed from Southard Investment Co. to the City of Delray Beach, Florida dated September 9, 1936 on property legally described as follows: All of Block Fifty-Two (52) of the City of Delray Beach, formally the Town of Linton, according to the plat thereof on file in the Office of the Clerk of the Circuit Court in and for Palm Beach County, said Deed being recorded at Deed Book 532, Page 313 of the Public Records of Palm Beach County. And also, in a Deed dated August 17, 1936 from Carolyn v. Southard to the City of Delray Beach on property legally described as follows: All of Block 52 of the City of Delray Beach, formally the Town of Linton, according to a plat of the subdivision of said Town of Linton as is on file in the Office of the Clerk of the Circuit Court of Palm Beach County by said Deed recorded in Deed Book 532, Page 311 in the Public Records of Palm Beach County. The deeds referred to above contained the following restrictive language: "This Deed is made, executed and delivered to the grantee herein named for the purpose of giving and granting the party of the second part, its successors, legal representatives, and assigns the use of the above described property for public park, playground, public schools, and other municipal purposes; and said property is not to be sold, conveyed, disposed of or transferred by said City without first submitting to a vote of the duly qualified voters of the City of Delray Beach, the question as to whether or not the party of the second part shall sell or dispose of the property." DRAFT 6-25-04 On November 2, 2004, a special election was held and the following referendum question appeared on the ballot: QUESTION "SALE AND TRANSFER OF LAND" DO YOU CONSENT TO RELEASE RESTRICTIONS CONTAINED iN 1936 DEEDS ALLOWING BLOCK 52, LOCATED ON THE NORTHWEST CORNER OF N.W. 1sT AVENUE AND ATLANTIC AVENUE AND AS MORE PARTICULARLY DESCRIBED IN ORDINANCE NO. 41-04 TO BE TRANSFERRED, SOLD, AND CONVEYED FOR REDEVELOPMENT AND NON-MUNICIPAL PURPOSES? YES [] NO [] NOW, THEREFORE, the City Clerk of the City of Delray Beach, Florida serves notice that the results of the above-described referendum election were as follows: YES NO The Majority of the voters casting a ballot at the referendum election held on November 2, 2004, have voted to release the deed restrictions on the property and authorize the transfer, sale and conveyance of the land known as Block 52 of the City of Delray Beach, formally the Town of Linton, according to the Plat thereof on file in the offices of the Clerk of the Cimuit Court in and for Palm Beach County, said deeds being recorded DRAFT 6-25-04 at Deed Book 532, and Pages 313 and 311, respectively, of the Public Records of Palm Beach County. DATED this day of ., 2004. SWORN TO AND SUBCRIBED Before me this day of CITY CLERK ,2004. DRAFT 6-25-04 MEMORANDUM TO: FROM: SUBJECT: MAYOR AND CITY COMMISSIONERS CITY MANAGER ~ AGENDA ITEM# q ~ DESIGNATION OF VOTING CITIES ANNUAL CONFERENCE DATE: JULY 2, 2004 - REGULAR MEETING OF JULY 6, 2004 DELEGATE/FLORIDA LEAGUE OF The 78e" Annual Conference of the Florida League of Cities will be held at the Westin Diplomat Resort in Hollywood, Florida on August 19-21, 2004. The League encourages each member city to send as many delegates as possible to the conference, and also requests that each city designate one of its officials to cast votes at the annual business session. League by-laws require that each city select One person to serve as the city's voting delegate. Last year Commissioner Pat_rich Archer was selected as the voting delegate. The Mayor, a Commissioner, or the City Manager may be designated to serve in this capacity. Recommend designation of a voting delegate to cast votes on behalf of Delray Beach at the annual business session of the Florida League of Cities. S:\City Clerk\agenda memos\FLC.Vofng Delegate.07.06.04 Tentative Progra m* Thursday, Augus ,19, 2004 8:00 a.m. - 6-'00 p.m. Registration Open 8:00 a.m. - 1:00 p.m. Golf Tournament The fee is $150.00, which includes green fees, golf cart, transportation to and from the hotel, a continental breakfast, lunch and refreshments. 8:30 a.m. - 11:30 a.m. Pre-Conference Seminar - "Tssue Leadership: Moving Minds, Hearts, and Votes" Presented by: Scott Paine, Ph.D., Director of th~ Baccalaureate Program, University of Tampa, for~mer councilman for the City of Tampa and columnist for Quafity Cities magazine. Successfully converting our policy vision into ordinances and actions often requires the support of other elected officials and numerous public constituencies. Despite our best intentions and our sincere commitment, sometimes that support is difficult, or even impossible, to attract. What does it take to move other key decision makers? In this engaging workshop, you will learn both the theory and the practice of managing the public issue agenda. You'll then have the opportunity to develop a practical agenda management strategy for an issue of current concern to cities, and citizens, throughout Florida. Additional registration fee of $125. O0 required. 11:30 a.m. - 1:30 p.m. Florida Black Caucus of Local Elected Officials Luncheon For more information contact Commissioner Daisy Lynum, City of Orlando, at (407) 246-2005. 12:00 p.m. - 4:30 p.m. Exhibit Hall Open 1:30 p.m. - 3:30 p.m. FLC Policy Committee Meetings Criminal Justice Environmental Quality Intergovernmental K~lations Municipal Finance & Taxation Retirement, Personnel & Collective Bargaining Transportation & Urban Administration Tentative Progra m* (*subject to cha~nge) 3:30 p.m. - 5:00 p.m. Znternational Relations Committee 4:00 p.m. - 5:00 p.m. Resolutions Committee 4:00 p.m. - 5:00 p.m. First-Time Attendees' Orientation If this is your first FLC Conference - Welcome! This workshop will acquaint you with the League, the conference program (with tips for the best use of your time), how to get involved in your local or regional league, FLC legislative policy committees and other municipal services. Come and join League officers, staff and your colleagues as each share ways to take advantage of all that the League has to offer. 6:00 p.m. - 7:00 p.m. President's Reception Friday, August 20, 2004 7:30 a.m, - 5:00 p.m. Registration Desk Open 8:00 a.m, - 1:00 p.m, Exhibit Hall Open (Prize Drawings at 12:30 p.m.) 8:00 a.m. - 5:00 p.m. Internet Caf~ Do you want to learn more about computers and technology? Are you looking for technology services for your city? Need a place to relak and have a cup of coffee or a soda? Or do you just want to browse the Internet, check your Web-based e-mail or get some work done? Again this year, the FLC Technology Services Department and the Florida Local Government Information Systems Association will provide an Intemet Cafe. The eFLC [nternet Caf~ is a place v~here botl~ new and experienced computer users are welCOme. Now you don't have to go back to your room or find a place to "get connected," your connection to the information superhighway is in the eFLC Internet Caf(~. You will enjoy personal attention and professional service. Be sure to look for us at the conference and visit us at the eFLC Internet Cafe! 8:30 a.m. - 10:15 a.m. Opening General Session Featuring the E. Harris Drew Award presentation and a keynote presentation by Herman Cain. Round One: Off-Site Workshop 10:45 a.m. - 12:15 p.m. Mobile Tour arranged by the Florida Redevelopment Association Round One: Concurrent Sessions 10:45 a.m. - 12:15 p.m. Featuring Six Sessions 11:45 a.m. - 3:30 p.m. Grants Exchange Now a permanent part of the annual conference, this unique and valuable workshop provides you with information on grants, technical assistance and other resources that are available to your city. The Grants Exchange is specifically designed so that you may drop by at your convenience to meet with representatives from various state, federal and private organizations that provide these grants and services. Preview the 2004 version of FLC's much sought after grants exchange guide, Financial and Technical Assistance for Florida Municipafities, which will be sent to your city. You will want to check this workshop as a "must attend!" 11:45 a.m. - 1:00 p.m. Women Elected to Municipal Government Luncheon Luncheon by invitation only. ~f you do not receive your invitation, please call Helen Ludwig, Executive Director at (904) 743-6042. 11:45 a.m. - 1:00 p.m. Sidewalk Caf~ in Exhibit Hall (Cash Sales) 1:00 p.m. - 3:00 p.m. Florida Association of City Clerks Workshop Round Two: Concurrent Sessions 1:45 p.m. - 3:00 p.m. Featuring Six Sessions Tentative Progra m* (*subject to change) Round Three: Concurrent Sessions 3:30 p.m. - 4:45 p.m. Featuring Five Sessions 3:30 p.m. - 4:45 p.m. Guest Session - "Working, Living and Dealing with Different and Difficult People" Presented by: Dr. Mel 3urado, The Profitable Group, Tampa, Fla. In this dynamic interactive presentation, participants will explore the people-side of their lives. Through an active experiential learning exercise participants will explore the "personality paradigm" - what makes other people so weird and how to use differences as strengths rather than detriments to our organizational success. Participants will understand the strengths and potential challenges of their natural sty{es and explore tools to increase their flexibility when working and living with others. Evening Open Saturday, August 21, 2004 7:00 a,m. - 3:00 p.m. Banquet Ticket Exchange 7:45 a.m. - 9:00 a.m. Various Local/Regional League Breakfast Meetings (Contact your local league for more information.) 8:00 a.m. - 5:00 p.m. [nternet Caf& See page 7 for more information. 8:30 a.m. - 3:00 p.m. Registration Desk Open 9:00 a.m. - 10:45 a,m. Second General Session Featuring a keynote presentation by Charles Lyons. 8 10:00 a.m. - 2:00 p.m. i ~ Guest Tour - Lunch Ambng the Butterflies See page 9 for details. The cost for this special tour is $20. O0 per person, which includes admission, private tour and lunch. Please see registration form to indicate your attendance. / 10:45 a.m. - 12:15 p.m. Candidates' Forum for Florida's U.S. Senate Seat 12:30 p.m. - 2:30 p.m. Past Presidents' Luncheon Featuring a keynote presentation by David Gergen. Voting delegate registration, business meeting and awards immediately following luncheon. 6:00 p,m. - 11:00 p.m. Childcare Provided (See enclosed registration form on page 17.) 6:30 p.m. - 7:30 p.m. Reception 7:30 p.m. - 10:30 p.m. Banquet and Entertainment Kevin Pollak - Comedian and Actor Best known for his performances in the movies A Few Good Men and Grumpy Old Men (in which he played the son of Walter Matthau's character), stand-up comedian Kevin Pollak will be this year's annual banquet entertainer. His "slap-stick" comedy and electrifying humor will leave your sides hurting! Come laugh with one of film's most comedic actors, Kevin Pollak! MEMORANDUM TO: FROM: DATE: FLORIDA LEAGUE OF CITIES INC. City Managers/City Clerks Michael Sittig, Executive Directo~' June 4, 2004 SUBJECT: 78th Annual Conference - Leading With Excellence! VOTING DELEGATE AND RESOLUTION INFORMATION August 19-21, 2004 Westin Diplomat Resort As you know, the Florida League of Cities' Annual Conference will be held at the Westin Diplomat Resort in Hollywood, Florida on August 19-21· This year's theme, Leading With Excellence will provide valuable educational opportunities to help Florida's city officials serve their citizenry more effectively. It is important that each city designate one person to be the voting delegate. Policy development, election of League leadership and adoption of resolutions are undertaken during the business meeting. One official from each city will make decisions that determine the direction of the League. In accordance with the League's by-laws, each city's vote is determined by population, and the League will use the Estimates of Population from the University of Florida for 2003. Registration materials have already been sent to each city. Call us if you need additional copies. We have attached the procedures your city should follow for presenting resolutions to the League membership. If you have any questions on voting delegates, please call Gail Dennard at the League at Suncom 278-5331 or (800) 616-1513, extension 256. If you have questions regarding resolutions, please call Allison Payne Suncom 278-5331 or (800) 616- 1513, extension 116. Resolutions and Voting delegate forms must be received by the League no later than July 20, 2004. Attachments: Form Designating Voting Delegate Procedures for Submitting Conference Resolutions 301 South Bronough, Suite 300, Post Office Box 1757 4, Tallahassee. FL 32302-1757 Telephone (850) 222-9684, Suncom 278-5331 · Fax (850) 222-3806 · Internet: www.flcities.com 78th Annual Conference Florida League of Cities, Inc. August 19-21, 2004 Hollywood, Florida It is important that each member city sending delegates to the Annual Conference of the Florida League of Cities, designate one of their officials to cast their votes at the Annual Business Session. League By-Laws requires that each city select one person to serve as the city's voting delegate. Please fill out this form and return it to the League office so that your voting delegate may be properly identified. DesiRnation of VotinR Delegate Name of Voting Delegate: Title: City of: AUTHORIZED BY: Saree Title Return this form to: Gail Dennard Florida League of Cities, Inc. Post Office Box 1757 Tallahassee, FL 32302-1757 or Fax to Gail Dennard at (850) 222-3806 Procedures for Submitting Resolutions Florida League of Cities' 78th Annual Conference Westin Diplomat Resort, Hollywood, Florida August 19-21, 2004 In order to fairly systematize the method for presenting resolutions to the League membership, the following procedures have been instituted: (1) (2) (3) (4) (5) Proposed resolutions must be submitted in writing, to be received in the League office a minimum of 30 days prior to the first day of the annual conference. Proposed resolutions will be rewritten for proper form, duplicated by the League office and distributed to members of the Resolutions Committee at least 15 days prior to the first day of the annual conference. (Whenever possible, multiple resolutions on a similar issue will be rewritten to encompass the essential subject matter in a single resolution with a listing of original proposers.) Proposed resolutions may be submitted directly to the Resolutions Committee at the conference; however, a favorable two-thirds vote of the committee will be necessary to consider such resolutions. Proposed resolutions may be submitted directly to the business session of the conference without prior committee approval by a vote of two-thirds of the members present. In addition, a favorable weighted vote of a majority of members present will be required for adoption. Proposed resolutions relating to state legislation will be referred to the appropriate standing policy committee. Such proposals will not be considered by the Resolutions Committee at the conference; however, all state legislative issues will be considered by the standing policy committees and the Legislative Committee, prior to the membership, at the annual Legislative Conference each fall. At that time, a state Legislative Policy Statement will be adopted. Cities unable to formally adopt a resolution 30 days prior to the first day of the conference may submit a letter to the .League office indicating their city is considering the adoption of a resolution, outlining the subject thereof in as much detail as possible, and this letter will be forwarded to the Resolutions Committee for consideration in anticipation of receipt of the formal resolution. Important Dates June 15~ 2004 Notice to Local and Regional League Presidents and Municipal Associations regarding the Resolutions Committee July 12 Appointment of Resolutions Committee Members July 20 Deadline for Submitting Resolutions to the League office Au~,ust 19 League Standing Committee Meetings Resolutions Committee Meeting Voting Delegates Registration August 21 Immediately Following Luncheon - Pick Up Voting Delegate Credentials Followed by Annual Business Session TO: FROM: SUBJECT: MEMORANDUM MAYOR AND CITY COMMISSIONERS CITY MANAGE~ # ~- REGULAR MEETING OF JULY 6. 2004 AGENDA ITEM APPOINTMENTS TO THE EDUCATION BOARD DATE: JULY 2, 2004 The terms for Diane Allerdyce, Saralyn Buzen, James Kemp, Catherine Lev(as and Leonard Mitchell will all expire July 31, 2004. Diane Allerdyce and Saralyn Buzen have fulfilled one full term, are ehgible and would like to be considered for reappointment. Mr. Kemp has fulfilled two full terms and is not eligible for reappointment. Ms. Lewis is moving outside the city limits and is not eligible for reappointment. Mr. Mitchell does not wish to be reappointed. The term would be for two years ending July 31, 2006. Members of the Education Board must be a resident of the City, own property, own or operate a business withSn the City or have a child attending Delray Beach public schools. It is the intent, whenever possible, that the membership include persons with a background in business, real estate and/or education. The following have submitted applications and would like to be considered for appointment. Diane Allerdyce Saralyn Buzen Jennifer Ferreri Gerry Franciosa Philip Friedman Debra Kaiser Suzanne Katz Jack Licht Christina Morrison Peggy Murphy (incumbent) (incumbent) (currently sereing on Public Employees Relations Committee) A check for code violations and/or municipal liens was conducted. None were found. Voters' registration verification was completed and all are registered. Based on the rotation system, the appointments will be made by Mayor Perlman (Seat #5), Commissioner Costin (Seat #1), Commissioner Archer (Seat #2), Commissioner Lev'mson (Seat #3) and Commissioner McCarthy (Seat #4) for a two year term ending July 31, 2006. Recommend appo'mtment of five (5) members to the Education Board for a term ending July 31, 2006. 2001 CITY OF DELRAY BEACH BOARD MEMBER APPLICATION 1~ o~ pnn~ zhe fo~ow~'~ St~ ~ Ced: S. ~ome Phone; lO, ~ ~y ~ted profe~uob~ c~o~s ~d ~C~SeS ~ ~u ho~: "E CEtVED '~iTY Curriculum Vitae Diane Allerdyce, Ph.D. 506 SE 3rd Avenue Delray Beach, FL 33483 (561) 266-9099 (561) 573-6321 (cellular) Professional Objectives I am pursu ng.a career of educational leadersh p and writing, with emphasis in social action, educational reform~ comm0nity serviceiservice learning, and poetry therapy. Education Ph,D. in English from the University of Florida (1988) - ~ MA in English from Florid~ At!anti~ University (1983) · B.A in English from FlOrida Atlantic University (1982) Teacl~ing/Ad ministrative Experience Chief Academic Officer: Toussaint L'Ouverture High School for Arts & Social Justice 95 NE lS! Avent~e~ Delray Beach, FL 33444 (561:) 243-3136; (561) 243-4070 (fax) dallefdYCe(~_ .to~ssaintlouverture. orq C0~F0bnder of:~sChOOt and of parent organization: Cente~ for Education, Ytaining, & Holistic Approaches, Inc. (CETHA) 501 (c). 3 Corporation founded 1999 Charter High School established 2001 Profes. sor and Administrator: Lynn University 3601 N. Military Trail. Boca Raton, FL 33431 (561) 237-7200 dallerdyce(~_,lynn.edu bis't~d~e LearningAdjunct Professor 2002-present Professor of Departi~ent Chair of English 1996-2002 He, nors Program. C~-Chair 1996-2002 ASsOciate ProfesSor. Assistant Professor. Instructor 1985-1996 Special Skills and Training C~rantwriter: Successful grantwdter and dire¢[or of Federal, State, and Private Grants, i'nc Udling Florida o~Part*n~ht of EdUC~ on, Community FoUndafiCn of Palm Beach and Martin Counties, Palm BeaCh COUnty Cultural Council, and others. Certified Poetry Therapist (CPT): National Association for Poetry Therapy (CPT earned 2000) · Diane AIlerdyce World of Difference® Training Specialist for the Anti-Defamation League of Palm Beach County (2000-present) NatiOnal EndoWment for the Humanities Summer Seminar, Cornell University (1993) Community and Organizational Service Founding board member: Vice President of Palm Beach County Alliance of Charter Scl~oolS (2001-present) · Founding board member: Chairman of The IMAGINE School, West Palm Beach, Florida (?001-present) Board member: National Association for Poetry Therapy (2000-present) Milagro Center, DelraY Beach, FL 33444: paid consultant and volunteer . grantwriter/y0uth leadership direct°r/poet-ih-residence (.July 1999-April 2000) Unitarian Universalist Fellowship of Boca Raton, Religious Education and Social Action teacher (1997-2001) Publications Book: Anais Nih and the Remaking of Self: Gender, Modernism, and Narrative Identity. DeKalb¢ Northern Illinois University press, 1998. Articles~ in Anais: An International Journal ('1995), D H. Lawrence Review (1996).'Feminist IssUes (1994), and a book chapter in Compromise Formations: Current Directiot~s in Psychoanalytic Criticism, ed Vera Camden (KSU Press 1989). Essay and play excerpt: "A Literary Soulmate"in Anais: A B'dok of Mirrors, edl By Paui Her~dn (Sky Blue Press, 1999). Poems in Ameriban Poets & Poetry (2001), Boca Raton News (1998). Candelabrum (2001), Dead or Alive Poets Society (2002), Midwest Poetry Review (2001); SPSM&H /2000), Fresh Water'(Pudding House, 2002), Poetic Medicine (John FOx. 1997), Quest (1998. 1999). Featured poet on Unitarian Universalist Poets Cooperative Website: http://www.pudd~n',qhouse.comlunitarian.htm (NoVember 2002). Reviews in Studies in the I~o'Vel, Newsletter of the Freudian Field, So~zth Atlantic Review Conference PreSentations: Numerous presentations given 1987-2001 National As~ociatioh for Poetry Tl~erapy Internafibnai Narrative Society Popular Culture Association, etC. Full list ~vailable upon request Awards: FacUlty ,~wards for community service aod teaching excellence at Lynn · Un verSity 1996~2000; Phi ~ta Kappa 1988~present~ Nafibnat Endowment for the Humanities 1993, Kenneth R. Williams Award for Scholastic Achievement at FAU, 1983 (valedictorian) Credentials and References Available Upon Request CITY OF DELRAY BEACH BOARD MEMBER APPLICATION zip 9, I:.d-ca onzl i0, Lis~ any rt'tated pzofcs:;i,'.mal cei'uucauom~ :,:M l:censc, s wh,ch you [iotd: .... . ~ . . ~T ..... cont~,.d b, ct,is app~cadon may c:.ts~ t<,zt¢iu.u~, u~on trw I,:u, or ~v/ppomrut,m~ I u~iv retire. CiTY CLERK JUN.-I'~'031Tt!E) 14:41 BEAR STEARNS PF FhA DILl. AY B~.AC H TEL:561 362 4655 CITY CLEI~ ', ~ BOARD MEMBER 1993 .2001 1. Lsst Name; 2. Home Address: u , Code Zip Codt Zip Code 4. P~indp~l Business Address: C/ty 22s a~ r~z~erc_ Scxro~su,~ 509 Boc~ 5. ~om~ Phon:: { Business Phomc: [E-~ ~d~ess: I 6. Arc you i r~s~crcd vo~r~ l~so, ~hcrc ~re, 9. Educa,%nal qu~ficadons: 10. list any related professional certifications and licenses which 11, Giv~ your present, or mos~ ~ecen~ employs, ~nd position: JUN ! 7 2003 CiTY CLE resu.m~) Jt!N.-I Ual'l'l!~l I4:42 ~E~ STEARNS ~F FL^ TEb:$61 362 4655 P. O03 JENNIFER FERRERI Education Smith College, Northampton, MA, B.A. May 2000 Major: Government; concentration in Latin American Politics Minor: International Relations Language: Extensive k~owleflgc of Spanish language Computer Proficiency: DBC Finance: Munex Finance; Bloombcrg; MS Word; WordPerfect: Explorer; SPSS; Excel; PowerPoi nt Related Coursework: S~tistics. Macroeconomica Licensing: Series 7, Series 53 Series 63 Experience Financial Analyst, Bear, Stearns & Co., Public Finance Department. New York. NY (Jul '02-presenO P~rformed finaucial analysis for municipal issuers, generating deb! service schedules, performing credit analysis, bond sizing and cash flaw analyses utilizing both Excel and DBC Finance programs Reviewed bond documents for issues, as well ~s performing final technical analyses at pricings · Designed PowerPoint presentations and proposals for ehencs urlizing technical, research and writing skills Participated and assisted in presenting financial analysis to clients employing public speaking and ability to erp[ain detailed financial plans * Peri, meed various research for financings Financial Analyst. Ray'mond James & ~Lssociares. fine.. Public Finance Dept,. Delrav Beach FL (Jan 'Ol-Jun '029 e Assisted in generating debt service schedules, bond sizing and cash flow analyses thr municipal £mancings, using Exce] and Muncx Finance Programs * Reviewed bond documents for issues and perforated technical analyses for pricings · Produced Requests for Proposals, using both PowerPoint and MS Word further developfng technical, research and wtiting skills · Produced global debt analyses, involving fina~cial repon analyses using Munilxis and Bloomberg software · Served as lialson at meetings to the Miami-Dada, Broward and Palm Beach Cotmty Housing Finance Authoritlea · Translated contracts, correspondence and proposals and composed all international correspondence employing Spanish language skills · Assisted in tcaasla£ion during meeting with Spanish speaking clients Intern, Municipalit), of Cdrdoba .4r'genrina (~eplember '00 - Decembe4- '00~ · Worked with [he Secretariat on Human Rightn helping to implement new human fights education program for elementary school chil6ren · Atsendefl program meetings '*,ida elementary school teachers and program facililators · Worked with Ihe Office on Social lnvedtigation and Project Evaluation investigating ~he causes for city-wide poverty · Transcribed interviews in Spanish and pet£ormcd various admlnktrative duties for office Research Assistant, Government Department, Smith College. Northampton, M~ (Spring 2000) · Conducted independent research for professor on W'fO, NA.FT.~. European Court and lnter-.am~etican Court on Human Rights with focus on legal mechanisms of court.~ · Performed data entry taslcs with BookEnds Program Intake and Finance Intern, .4merican Civil £ibertie. s Unio~ Miami. FL (Summer 1999) · Alxswercd all written and verbal intake for office, including preparing briefs for review of cases Attended end debriefed executive director about corff'erences concerning police brutality and Driving While Biotic Na6onal ACLU initiatives * AsSistan! to Finance Direunor; compiled and organized mass mailings for fundraising efforts References FROI'I : GEI~-SI:III Ft'~."] Il13. : 06,'10.'0:1 '[CB 1Z:09 F.,~.~ 561. 243 3774 Clq'¥ CLER~ -. 1995 2001 CITY OF DELRAY BEACH BOARD MEMBER APPLICATION information: P~-~dp~ ]~usi.-w~ Ad&cas: C_~ St~r¢ Zip Home Phoac: Bo~c~ Phonc~ E. MI~ Acl&e~s': Ccll Phone: / ~ .- RECEIVED JUN 11 2003 CITY CLERK ~ELRAY BEACH 1993 2001 CITY OF DELRAY BEACH BOARD MEMBER APPLICATION Please t~pe or print the following infomaafion: 3. Legal Residence: City State Zip Code 4. Principal Business Address: City State Zip Code 5. Home Phone: Business Phone: E-Mail Address: Cell Phone: Fax: 6. Are you a registered voter~., ,-~- ~_~ If so, wher~ze v, ou xe~sler~ed? 7. .wgat Bqard(s) are yq~interested in sen49g? Please list in or, der of preference. / 8. List all City Boards on which you%re currently sen4ng or have prevmusly served: (Please include dates) 9. Educadona~ oualifications: 10. List any related professional certifications and licenses which you hold: · w~your pres;nt, o~ mgst recent emp~oyer,._and position: l_ a,-~, _ ..,., ' -- \ / l l.~v Des~xi~e~ ~xpe(dentCe~s. ~ldl!rs ?r-knowledge which qualify you .to serve on tiffs bosd:t(Please attach % brief resurr~e) I h~,.,~? ,ce?~, '.%at q,~.e above sta/~ements?e mae, ~ad I agree md tmde~stan;l that any ~isstatement~of material facts eon)~urtea~./n m~/p~canon mayfZ)flse forfeiture upon my part of any appointment I miry receive. $1/~NA~ ~'~--~/~'--'~' DATE//~2)/~ tpplication will remain on file in the City Clerk's Office for a period of 2.wars from thc date it was submkted. It will be the applicant's responsibility to ensure tl~i~[~-on is on file. · ,try r'.l ERK BOARD MEMBER APPLICATION 1993 2001 please type or print the following information: 3. ~ R~idence: Ci~ State Zip Code 4. Pfincip~ Bus.ess Address: City State ~p Code 5. Home Phone: B~iness Phone: E-~ Ad~s: ce~ Phone: F~: ~e you a r~is~r~ voter? N~5 If So, ~ere =e you r~stered~{ ~, 7. ~t Board(s) ~e you inter.md in send.g? Pl~se ~st in order of preference: 8~' ~st~ Ci~ Boa& 0n wNch you ae c~e~dy se~ng or have previo~ly se~: ~e indud~ ~) 9. ~u~o~ q~fi~ons: ' 10. ~s~yf~fession~ ~fic}fio~ m~ncenys wNch you ho~d: 11. Give yo~ presen~ or most r<ent employer, ~d position: lZ D~cfibe exp~enc~, s~ or ~owle~e wNch q~ you to s~e on . . . ' . , 0 ' ~ ~ - - I ~ . I h~eby ce~ ~ ~ ~e above s~temenm ~e =ue, and I ~ md ~dersmd ~t an~mtem~t of mat~ ~c~ app~ca6on may ~usc forfei~e ~on my pa~ of my appoin~ent I ~y receive. SIGNA~ DA~ Note: This application will remain on ISle in the City Clerk's Office for a period of 2 years from the date itwas submitted. It veil[ be the applicant's responsibility to ensure that a current application is on file. RECEIVED FEB 2:5 200{ CiTY CLERK DELRAY BEACH GITY OF DELRAY BEAG;H BOARD MEMBER APPLIGATION 1993 2001 Please type or print the following information: 1. Las; i'qame': " ld.t:lT2- ~ - N~me 2. Home Addre. ss: ' ' 0_~,~ State Zip Code 3. Legal Residence: ' City ~ State Zip Code I~/~s~ ~q;thsl Lz0Jc ceffl~ ~l(ax~ lg~ttc/~ FL 4. Principal Business Address: City I State Zip Code 5. Home Phone: Business Phone: E-Mall Address: Cell Phone: Fax: 6. Are you a registered voter? ~ ~ If' so, where ire you registered? ~ . 7.. ~WhaiBoard(s) are~ you i.~nterest_e~ '~n serving? Please list in order of preference: 4- '~O fi'{ 8. List all City Boards on which you are currendy sen, lng or have previously served: (Please include dates) 9. Educational qualJt%ations: 10. List any related pm£essional certifications and l/censes which you hold: 11. Giv. e your present, or most'recent emp..loyer, and position: I he~.by ce. rtify, that all the above statements are tru'e, and I ~n'ee and ;~d,,s~a that .~y inisstatement of mate4ial fa~zts con~ataed m this application may cause forfeiture upon my part of any appointment I may receive. Note: This application will remain on file in the City C erk s Office for a penod 9f2 ~e.a.rruf/glrn the date ~t was submitted. It will be the applicant's responsibility to ensure that a q~;lCalF~ali~ on file. OITY GLfiRK SUZANNE KATZ, Psy. D. 1765 Satin Leaf Court Delray Beach, Florida 33445 561-865-2000 sshaker34~hotmail.com EDUCATION 8/95 - 3/01 University of Denver, Graduate School of Professional Psychology Denver, CO Psy. D. - Clinical Psychology 9/87 - 6/91 Union College Schenectady, NY B.S. - Psychology EXPERIENCE 2/01- 10/01 Mental Health Center of Boulder Count3, Boulder, CO Adolescent Intervention Spociai~s~ Provided individual and group therapy and crisis intervention to adolescents m an alternative high school setting. Consulted with teachers, administrators and family members regarding students' academic and psychOlogiCal functioning. 8/99 - 8/00 Utah State University, Counseling Center Logan, UT Pre-doctoral Psychology Intern Provided individual and group counseling. Trained and supen, ised undergraduate peer counselors and psychology doctoral students. Performed psycho-educational assessments tbr and consulted with the University Disability Resource Center. Co-led practicum seminar class. Conducted presentations for various campus offices and departments. 1/96 - 8/99 University of Denver, Professional Psychology Center Denver, CO Psychology Trainee Provided long and short-term individual and group counseling. Performed intake evaluations and provided comprehensive diagnostic reports. 5/98 - 8i99 Adams County Departmem of Social Services (A(;DSS) Denver, CO Psychology Trainee Conducted comprehensive psychological assessments and intemctioual evaluations. Provided ACDSS with diagnostic reports, recommendations and consultation to social workers. 3/97 - 8/99 The Children's Hospital, Child and Adolescent Psychiatric Inpatient Units Denver, CO Mental Health Counselor Administered behavioral mauagemem programs, implemented treaiment plans and documcmed patient progress. Led therapeutic group activities. 10/97 - 8/98 Denver Health and Medical Center, Outpatient Behavioral Health Services Denver, CO Psychology Trainee Conducted individual counseling and co-led a relapse prevention group. 9/96 - 8/97 Division of Youth Corrections, Mount View and Marvin Foote Detention Centem Denver, CO Psychology Trainee Provided short and long- term individual counseling to incarcerated adolescents. Conducted clinical interviews and substance use evaluations and provided drag and alcohol assessment reports. Provided consultation to corrections stalE. 9/95 - 8/96 Univers/fy of Colorado Health Sciences Center, Addiction & Research Treatment Services~ Synergy Day Treatment Denver, CO Psychology Trainee Performed psychiatric and substance use assessments and provided comprehensive diagnostic reports. References Pamela Haglund, Psy. D. Psychologist University of Denver 303-756-5464 David Bush, Ph.D. Psychologist Utah State University 435-797-1012 William Blick Principal Olde Columbine High School 303-772-3333 1993 2001 BOARD MEMBER APPLICATION Please t}?e or print the following information: 4. Phncipal Business Address: City -- State Zip Code 5. Home Phone: Bfisiness Phone: E-Ma/I Address: Cell Phone: Fax: ~(ol.35;b. q0rq'3 .5- 6. Are you ~ registered voter? ~('Z-~ Ifs~wbere at'you registered. 7. What Board (s) are you interest'ed in serving? Please list in order of preference: . . ~ ,-~-~.,~m~, I ."4~,t~;Otn,~.¢4~ 8 · ~ s t ~~ ~lBoaxds on which yoh~are currently .qe~&ngCr h~ve 10. List any related p~rofessional certifications and licenses wl~ich you hold: 11. Give your present, or most recent employer, and posifiom 12. Desc~be experiences, skills or knowledge which qualify you m serve on ~ board: (Please ~h, brief resume) ZL Cb c X ,, apF iii remain on file in the City Clerk's Office for a period of 2 years from the date it was subm/?ed. It will be the applicar{l~~~et~lmsure that ~ current ~_ppl/cation is on file. HAR 2 9 200~ /~ JACK LICHT 830 Greensward Court, Apt; H-203 Delray Beach, FL 33445 (561) 350-4493 lichtrojack~yahoo.com SUMMARY OF QUALIFICATIONS Ten years progressive experience as a middle and senior level manager in the public and not-for- profit sectors. Focused on policy implementation, planning, operations and bnild'mg organizational structures to achieve ends. Devised and implemented strategies for improVing program quality, Proven track record in strategic analysis, problem-solving and encour~'mg key stakeholders to participate in planning and decision~making. PROFESSIONAL EXPERIENCE Department Manager · Supervised 70 Head Start grantee staff, whose responsibilities included training and technical assistance, program monitoring, fiscal operations, management planning and analysis, and facilities developmem and management. FaCditated the attainment of federally required program design and management systems for 75 delegate agencies with 226 Head Start centers. · Coordinat~xl the expansion and renewal of Head Start services, including the development and submission of grant and expansion applications to the federal government. Applications resulted in the renewal of funding and an increase in Head Start em'ollment by 5 percent. · Negotiated and obtained a $27 million Head Start facilities improvement grant fi.om the Regional Office of the Administration for Children and Families. · Advised and trained Head Start provider sponsoring boards in the principles of policy governance. Facilitation resulted in enhancing the effectiveness of sponsor administration and accoantability for the progmra. · With the NYC Board of Education and the Human Resources Administration, designed and implemented a contract management ~stem for the United Way of New York City focused on transitioning AFDC parents fi.om public assistance to work. Program resulted in pre-TANF pmtot3~e for transifioning public assistance recipients to work. · Co-managed operations for the Community Achievement Project in the Schools (CAPS), an attendance improvement drop-out prevention initiative. Responsibilities included planning, program administration, technical assistance~ performance-based training and reporting and evaluation. · Designed and implemented a cit3'wide contract management ~3'stem for use with over 200 communit3,-bnsed service programs. Established objectives, developed performance measures, and evaluated and fme-tuned the system. Created a new protocol for contract monitoring, evaluation and technical assistance. Project Manager · Designed, organiTed and implemented three cit3~vide community elections in 33 of the NYC's 59 Community Districts. Developed election budgets, coordinated and monitored project supervisors. Trained over 1,000 staff for each election and interfaced with community organizations and political stakeholders. Elections resulted in the creating the core membership for 33 citizens' advisory boards responsible for recommending human services programming and establishing funding levels. JACK LICHT PAGE 2 · Implemented a public participation project to restructure the Community Action Program of the Cit3- of New York. Presented the restructuring project to other municipal units, interfaced with community groups and local public officials, planned and implemented a series of ciB~ide public hearings and circulated 20,000 proposals on the restructuring. Process resulted in a restructuring of the Community Action Program. · Initiated the reengineering of key Head Start work processes, including task analysis, and the identification of impediments to smooth, continuous and efficient workflow. · Developed a handbook used in the implementation of performance measurement (outcome measurement) for Head Start delegate agencies. WORK HISTORY · Acting Assistant Commissioner, Administration for Children's Services Head Start, Jul), 2000 - December 200 I. · Chief of Staff; Administration for Children's Services Head Start, October 1997 to September 2002. · Deputy Director of Contracts & Technical Assistance, United Wa3- of New York Cit3-, October 1992 to October 1997. · Contract Analyst.. Agency for Child Development/Head Start, December 1990 to October 1992. · Director ofContractManagement/Citizens' Participation, Community Development Agenc3,, Ma)' 1979 to December 1990. EDUCATION BA-MA Queens College, City University of New York. AWARDS · Cio/wide Head Start Policy Council Special RecognitionJbr Promoting Citizens Participation, 1984. · Mayor's Award~br Managerial Excellence, 1989. COMPUTER SKILLS Working knowledge of Microsott Word, EXCEL, Power Point and Visio.. Assisted strategic planner and MIS unit in automating reporting and communications within Head Stm~. FROII : CHRISTIHA MORRISOI'IO FAX NO. : O000!~00 DEFRAY ~,~Ctt 1993 2001 2004 12:~'5AI,1 P2 CITY OF DELRAY BEACH BOARD MEMBER APPLICATION Pit,sc 1~7pc or prim ~be £ollo~ i~£orm~,';, S_ Hom~ Phon~: gu~c~ P~n~: ~ Aa&% ~_~ ~ Phon~ Fax: 11. Giv~your p~s~g ~ most rcc~t ~ploy~, ~d po~do~ It will be the appl/ca~t's rcsponaihiliw to enstZrc rkar a I . ~e ~ re it was t-urreut application is on fils FEB 1~ ZOO/, ~ITV ~1 I::RK --ROI. I : CHRISTItlF~ I'IOF'~,ISOI'IO FFO: I',10. : 0~-J~0~:~300 Fe_b. 20 2~'~4 12:05Fllq P~ CHRISTINA MORRISON, CPM BACKGROUND DATA Christina Morrison is a Licensed Florida Real Estate Broker and a Certified Property Manager (CPM). She has been active in the real estate industry for over 23 years; her areas of expertise include acquisitions, development, change of use and conversions, property management, sales and leasing, training, and all phases of real estate marketing. Chris is currently a Broker-Assodate with Balistreri Realty in Defray Beach, Florida, specializing in condononinm, waterfront, and investment properties. Until July, 2001, Chris was the Director of Property Management for the Southern Division of fl~e Pem~ylvania Real Estate investment Trust (PKErl'), a publicly-traded company based in Philadelphia, Pennsylvania. Her duties induded the supervision of apaxtment portfolios ranging from 2300 to 3100 units in several states, the successful development of three apaxtutent properties, and the authoring of the.company's Polities and Procedures Manual and various training seminars on Leasing, Fair Housing and Safety. Prior to joining PKE1T, Chris was Nal~onal Marketing and Training Director for Regency Windsor Companies, an apax tment development and management firm based in Veto Beach, Florida. Chris' responsibilities with Regency Windsor i~tcluded the analysis, development, and coordination of marketing activities for all properties managed by Regency Windsor, encompassing over 12,000 apartment homes in eight states, the development and implementation of various training programs for 'all Managers and Leasing Co~sultants, and the design and implementation of marketing and leasing campaigns for two new properties. From 1991 until 1994, Chris was Director of Property Management for First Montgomery Properties of King of Prussia, Pennsylvania, overseeing the management and leasing of over 3,900 apa~'ttnent and condominiunx units in four states. Chris is a graduate of Penn State University and is a Past Director and President of The Institute of Real Estate Management, Delaware Valley Chapter. She is currently .Preside~xt of IREM - Southeast Florida and a member of the Governing Council for The Institute. Chris is also a national instructor and trains Property Managers and other Real Estate professionals throughout the country. She is also an active member of ttte Realtors' Commercial Society of Palm Beach County. In her spare time, Chris donates her time to the Delray Beach Food Bank and Caring Kitchen and enjoys traveling, scuba diving and the Southeast Florida lifestyle .]un 05 03 02: 5Gp Old School S$1-243-?018 BOARD MEMBER APPLICATION 2001 in£orrva don: ]']omc 3. Legal Residence: 4. Principal Business -Address: $- Home Phone: Phone: 6. Are you a re~stered voteO ~ l Address: Cell Phone: you registered? Please liar in order 0f preference: · Boards on which, (Please include e 002 Educational qua~ficadons: 10. L/st an}, ,elated professmna] certifications z_nd licenses which !1. Give · thaE ~ll the ~bo~,r stacemcnt~ are ~e, ~d ] ~e~ ~d ~d ~ ~y ~ss~tcm~t ofmate~ t cause foffd~e upon my p~ of ~y appo~nt I ~y retire. Note: ~s app~cadon ~ 0n ~c ~ &e Ci~, ~erk'~ O~cc ~r a ~~it was sub,ned. It ~ · . .. bc &e appgcmt's res~n~b~, to ensure ~at a cu~ent app~ca6on is on ~e. ~EGEIVED JUN fl 5 2003 CITY CLERK MEMORANDUM TO: FROM: SUBJECT: MAYOR AND CITY COMMISSIONERS CITY MANAGER ~ AGENDA ITEM # q~-~- REGULAR MEETING OF JULY 6, 2004 RATIFICATION OF APPOINTMENTS TO THE PARKING MANAGEMENT ADVISORY BOARD DATE: JULY 2, 2004 The Parking Management Advisory Board was established by Resolution No. 88-97 on December 9, 1997. The purpose of the Board is to advise and provide recommendations to the City Commission regarding parking management policy and related issues including but not limited to, the planning, financing, development, construction and operation of parking facilities within the boundaries of the Transportation Concurrency Exception Area (TCEA) as well as all public parking areas located along State Road A1A withLn the corporate limits of the City. On March 16, 2004, City Commassion adopted Resolution No. 20-04 finding it in the best interest of the City of Dekay Beach that an alternate member be appointed to the Parking Management Advisory Board from the CRA, DDA, P&Z, WARC and Chamber of Commerce Board to provide for adequate representation from these boards. The individual Boards/Committees have appointed alternate members as follows: Board/Committee Representative Term Expiration Community Redevelopment Agency Downtown Development Authority Planning & Zoning West Atlantic Redevelopment Coalition Chamber of Commerce Brenda Montague Perry DonFrancisco Joseph Pike Rosalind Murray David Cook 07/01/06 08/01/06 08/31/06 09/30/06 08/01/06 Recommend City Commission approve and ratify the alternate appointments for the Parking Management Advisory Board as listed. The term expirations have been determined to coincide with the appointment/expiration dates for the individual Boards as is for the regular board representative. RESOLUTION NO. 20-04 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF D~.I.RAY BEACH, FLORIDA, .AIvI~NDING RESOLUTION NO. 88-97 WHICH ESTABLISHED THE PARKING MANAGEMENT ADVISORY BOARD, AS SUBSEQUENTLY AMENDED BY RESOLUTIONS 10-98, 33-98 and 63-00 BY AMENDING SECTION 3 PERTAINING TO MEMBERSHIP COMPOSITION TO PROVIDE FOR ALTERNATE MEMBERS TO BE APPOINTED FROM THE CRA, DDA, P&Z; WARC AND CHAMBER OF COMMERCE BOARDS; PROVIDING AN EFFECTIVE DATE. WHEREdtS, on December 9, 1997, the City Commission adopted Resolution No. 88-97 esmblishin§ the Parking Management Team as an advisory board to the City Commission; and WHEREAS, Section 3 of said Resolution No. 88-97, as subsequently amended, sets forth the membership composition of the p~rlring Management Advisory Board; and WHEREAS, the City Commission Em& it to be in the best interests of the City of Delray Beach that an alternate member be appointed to the Parking M~%oement Advisory Boards from the CRA, DDA, P&Z, WARC and Chamber of Comme~ce Boards to provide for adequate representation from these boards. NOW, THEREFORE, BE rT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Section 3 of Resolution No. 88-97, as subsequently mended, is hereby amended to read as follows: That the Parking Management Advisory Board shall be composed of eleven (11) reg,l~r members, ~nd five (53 alternate members, with representatives as follows: (0 A representative and ~t~te from the Community Redevelopment Agency; A representative ~d ~t~ate from the Downtown Development Authority; A representative ~d ~remate from the Planning and Zoning Board; A representative and almmate from the Chamber of Commerce; A representative and alternate from the West Atlantic Redevelopment Coalition; A business owner/operator representing the Old School Square Historic Am District; 1 RE& NO. 20-04 A business owner/opcrato~ representing the Athmic Avenue conidor between Swinton Avenue smd Interstate 95; A business owner/operato~ representing the Atlandc Avenue co~ddor between Swinton Avenue and the Inmscoastal Waterway; A business owne~/operator representing the Atlantic Avenue and State Road A1A corridors lying east of the Intracoastal Waterway; and Two (2) citizen-at-large repn.'sentatives. Thc Community Redevelopment Agency, the Downtown Development Authority, the Planning and Zoning Board, the Chamber of Commerce and the West Atl~ltic Redevelopment Coalition shall recommend appointees, with the City Commi*sion having the authority to approve and ratify oll recommendations for membership. The balance of the Parking Managemem Advisory Board membership shall be appo'mted directly by the City Commission. Alternate members are chosen to fill in for the absent re~d~r members and only for the membership specified. Secdon 2. That this Re~olution sh~ be effective immediately upon passage. PASSED AND ADOPTED in reg, dor session on ~ the / day of March, 2004. 2 RES. NO. 20.04 ADMINISTRATIVE SERVICES MEMORANDUM TO: FROM: SUBJECT: David T. Harden, City Manager ~'~obert A. Barcinski, Assistant City Manager Agenda Item City Commission Meeting July 6, 2004 Proposed Concert Contract Terms DATE: June 2, 2004 Action City Commission is requested to provide staff direction on proposed contract terms with Roots Cultural Festival, Inc. for a concert to be held in the stadium on September 25, 2004. Background Winston Hudson on behalf of Roots Cultural Festival, Inc. has met with Mr. Dubin to discuss the possibility of holding a concert in the stadium on September 25, 2004 and contract terms. Roots Cultural Festival, Inc. would be the signatory to the agreement with the City. Roots would be partnering with MSO (Management Service Organization) to provide promoter services with Roots and would receive 50% of the net proceeds. Attached is an e-mail received from Mr. Dubin with additional information and proposed contract terms. I have reviewed the proposed terms with Mr. Dubin and find them acceptable as long as our agreement is with Roots Cultural Festival, Inc. However we will need the City Attorney's legal opinion as to whether we can enter into this contract without violating our agreement with Worldwide Entertainment, Inc. Recommendation Staff recommends consideration of approval of the terms being proposed for a contract with Roots Cultural Festival, Inc. to hold a concert in the stadium on September 25th contingent on a positive opinion by our City Attorney that we are not violating our contract with Worldwide Entertainment, Inc. RAB/tas Fil¢:u :swecncy/agenda Doc:Memo to DTH re Proposed Concert Contract Terms Page 1 of 1 Harden, David From: BrahmD@aol.com Sent: Friday, July 02, 2004 2:47 PM To: Harden, David Cc: Barcinski, Robert; sflgolf@aol.com; Shutt, Brian Subject: Roots Concert 9/25/04 Roots Concert 9/25/04 Sharon Painter and myself had a telephone meeting today at 1pm with Ms. Tammy Anderson,representing the promoter MSO.We discussed the following: 1. Roots Cultural Festival Inc will receive 50% of the "Net Proceeds",with NO exposure for any potential losses. 2. MSO is a new corporation being formed comprising 4 individuals with past experience in special events and concer[s: 4 individuals are:Tammy Anderson(point person),Kim Johnson,Stacey Edens,Wilber[ Jean Past experience includes corporate conventions,public seminars,grand openings and approx 5 to 10 concerts annually involving Wycliffe Jean held both nationally and internationally. Points: Estimated attendence 2500-4000 They will use Ticketmaster Ticket prices not established as of today They will provide stage Major performer is Wycliffe Jean,with 2 other local performers Gates open 6pm show ends before 11 pm Dressing room locations still unknown as of today Operational meeting will be held with our staff and MSO within 2 weeks to resolve many outstanding issues. Contract points to be approved by City Commission A: Waive costs: 1 Police and fire costs Estimate $2500-$3000 2 Street and traffic signs Estimate $500 3.City electrician Actual $250 B: Waive the requirement for a security deposit. C:Reduce fee for floor installation from $3500 to $1500(our cost approx $1000-$1250) D:Charge $2500 nonrefundable deposit to be applied against City charges E:Roots gets parking concession net revenues F:Charge $1500 rent vs standard $3500.They opted to pay a fiat fee versus paying a $2 facility fee per ticket Our fixed bill would be: Rent $1500 Utilities $ 500 Trash removal $ 250 Clean-up during and post $ 750 Floor installation and removal $1500 Facility management $ 500 TOTAL $ 50OO We are hoping that this item can be placed on City Commission agenda July 6 2004. Please confirm Thanks 7/2/2004 MelTtO To= City Commission Fmr~ David Harden ~ CC; Da~,; July 2, 2004 Pension Multiplier Increase for Retired Police Officem and Firefighters in the DROP I believe the Commission is aware that we have received a request from retirees in the DROP (Deferred Retirement Option Plan) for them to be allowed to purchase the increase in pension multiplier from 3% to 3 ½% which was approved for police officers and firefighters eadier this year. While the exact cost for each individual retiree would be different, we have asked our actuaries to calculate the cost for some typical examples. These examples are attached in a memo from Joe Safford and a letter from Steve Palmquist. We have reviewed this request with our pension attomey, Jim Lynn, and he advises that there are potential legal issues with offering this opportunity for a multiplier increase to some retirees (those in the DROP) and not to others. City staff shares his concerns. While the DROP participants are offering to pay the full actuarial cost of this benefit increase, the net effect of approving this change would be to shift the market risk from the individual retiree to the City. On the other hand, because of the costs involved, there are probably very few retirees who would take advantage of this opportunity if it were offered to them. Recommendation: I recommend that the Commission not grant this request because to do so will amplify any negative market experience like we have had for the last three years. However, if the commission chooses to grant this request, I recommend that the opportunity to increase the pension multiplier be made available to all retirees, with the retiree to pay the full actuarial cost of the increase plus the cost of the necessary actuarial study, as outlined in the proposal from the DROP participants. To: MEMORANDUM David T. Harden, City Manager l'l'Y MANAGE From: Joseph M. Safford, Finance Director Date: June 3, 2004 Subject: Cost of 3.5% Multiplier to Retired Police and Fire Employees This office has been asked to evaluate the cost of implementing the 3.5% multiplier to retirees in the Police and Firefighters Pension Plan. This evaluation would be conducted making the following assumptions: · The 3.5% multiplier would be available to all normal retirees (including DROP Plan retirees) regardless of retirement date. Disability retirees would be excluded since their retirement benefits are fixed regardless of length of service. · The total actuarial cost to the plan (of the individual retiree change to a 3.5% multiplier) would be paid for by the individual retiree · The professional actuarial fees associated with determining the individual retiree cost and benefit changes would be paid for by the individual retiree · The 3.5% multiplier benefit would take effect on the first of the month following the payment of all costs and professional fees · The 3.5% multiplier benefit would not be applied retroactively to a retiree In conversations with the Police and Firefighters Plan actuary, Stephen Paimquist, it was determined that there is a general formula for calculating the retiree cost. This general formula is as follows: (Length of service) x (½%) x (Average Monthly Compensation) x (120) As an example, a retiree with 20 years of service and an Average Monthly Compensation of $4,000 would be computed as: 20 years x .5 x $4,000 x 120 = $48,000 cost to retiree Cost vs. Benefit A current retiree with 20 years of service, a 3.0 multiplier, and an average monthly compensation of $4,000 would receive a 60% joint and survivor annuity pension amounting to $2,400 (20 x 3.0 x $4,000) per month. A retiree with 20 years of service, a 3.5 multiplier, and an average monthly compensation of $4,000 would receive a 60% joint and survivor annuity pension amounting to $2,800 (20 x 3.5 x $4,000). Therefore, a retiree would receive a $400 per month difference in benefits for $48,000 in up-front costs. It would take 120 months (10 years) of benefits to pay for the initial up- front cost. Some alternative scenarios are presented in the following chart. Average Monthly Length of Service Compensation Retiree Cost/Benefit 20 $2,000 $24,000/$200 per mo. benefit 20 $3,000 $36,000/$300 per mo. benefit 20 $4,000 $48,000/$400 per mo. benefit 20 $5,000 $60,000/$500 per mo. benefit 20 $6,000 $72,000/$600 per mo. benefit 25 $2,000 $30,000/$250 per mo. benefit 25 $3,000 $45,000/$375 per mo. benefit 25 $4,000 $60,000/$500 per mo. benefit 25 $5,000 $75,000/$625 per mo. benefit 25 $6,000 $90,000/$750 per mo. benefit Individual actuarial calculations must still be made to arrive at exact costs since each retiree has different years of service, average monthly compensation, option selections, and beneficiary ages. A draft of this memorandum has been faxed to our actuary to confmn the sample calculations as stated. Our actuary has confirmed these calculations. Please contact this office if we can be of further assistance. Cc: Pension Files GABRIEL, ROEDER. SI~IiTH & COMPANY Cons~i~ & Actuaries 301 East Las Olas Bl'~l, · Suite 200 · Ft. Lauderdale, FL 33301-2254 · 954-527-1616 · FAX 954-525-0083 June 30,2004 Mr. Joseph M. Safford Director of Finance City of Delray Beach 100 Northwest 1st Avenue Delray Beach, Florida 33~.~ Re: Police and Firefighters Retirement System Dear Joe: Pursuant to your request, we have calculated the additional present value of benefits that would arise if certain retirees have their pensions recalculated using a 3.5% multiplier. The enclosure shows the results for six retirees whom we have chosen in a manner that illustrates the various different cases that would apply. Some are receiving pensions based on a 2.5% multiplier and others based on 3%. The first three on the list retired before the 1% automatic COLA went into effect. We welcome your questions and comments. Sincerely yours, J. Stephen Palmquist JSP/or Enclosures DELRAY BEACH POLICE AND FIREFIGHTERS RETIREMENT SYSTEM Roseke, W. Twitty, J. Kilgore, C. Wigderson, M Williams, G. Licata, R. 8/1/87 8/1/92 11/1/90 2/1/97 3/1/00 5/1/02 Mo? Y Pension $1,386 2,533 4,190 3,904 3,278 5,092 2.5% 2.5 2.5 2.5 3.0 3.0 $1,941 3,546 5,866 5,466 3,824 5,941 _.vt $ 71,784 134,384 163,095 235,150 85,021 120,865 June 30,2004 To: Jeff Perlman, Mayor David Harden, City Manager Larry Schroeder, Police Chief Kerry Koen, Fire Chief Susan Ruby, City Attorney From: Douglas R. Vaughn, Pension Trustee Date: May 28, 2004 Re: DROP employees pension benefit purchase report A AGER I have put together a brief report outlining the research concluded while investigating the issue of the benefit enhancement purchase by the DROP employees. I understand that there are continuing discussions on this matter and hope this information proves helpful. Feel free to contact me anytime for questions and/or clarifications. City of Delray Beach DROP Employees Position Report for Benefit Purchase May 10, 2004 Contents: Issue at a glance Affected employees Cost analysis Historical perspective Comparative perspective Legal consideration Conclusion Issue at a glance In February of 2004, the City of Delray Beach, initiated a change to the Police and Fire Pension Plan that allowed employees of the Police Department and the Fire Department to choose an increase in benefit if the employee also chose an increase in their contribution. The new benefit allows the employee to accumulate 3 1/2% per year of service instead of the 3% in effect before the change. This change increases the maximum retirement benefit to 87% of the best three years salary as opposed to the old maximum of 75%. The members of both Police and Fire Departments who were already in the Deferred Retirement Option Pension (DROP) plan in February were not included due to their electing to DROP prior to the effective date of the change in benefit. This election effectively ended their participation in the pension plan yet allows employment to continue for an additional five years. The employees in the DROP now request to participate in the increase in benefit by buying the benefit themselves and paying the services of the pension plan actuary to determine the cost of such a purchase. This actuarial valuation and possible purchase of the benefit is requested on an individual basis and not as a group. The initial request to Commissioners of the City of Delray Beach was delivered on January 29, 2004 through the use of a petition signed by all 13 DROP participants (enclosed). Affected Employees There are 13 members of the Police and Fire Departments who were in the DROP plan when the increase in benefits took effect. Nine employees of the Police Department and four employees of the Fire Department; they are: Police Department - Sergeant Robert Brand · Captain Mark Davis · Captain Lenis Gillard · Patrolman David Ringerson · Lieutenant Geoffrey Williams · Detective Veronica Covington · Agent John Donovan · Detective Julius Mitchell · Detective Robert Stevens 26 years - 6 months service 26 years - 6 months service 28 years - 9 months service 21 years -10 months service 27 years - 3 months service 29 years - 7 months service 22 years - 7 months service 20 years -10 months service 25 years - 7 months service Fire Department - · Paramedic James Fletcher · Lieutenant Douglas Vaughn · Chief Robert Moreland · Engineer James DeCarie 28 years - 3 months service 27 years - 2 months service 27 years - 0 months service 22 years -11 months service Cost Analysis The DROP employees included in their initial communication to City Commissioners the stipulation that there be no cost to the city. The employees have each offered to pay for the actuarial study and pay for the benefit, if elected. Using standard actuarial valuation practices, the current pension plan actuarial firm of Gabriel, Roeder, Smith and Company (GRS) would determine the cost of such a benefit on an individual basis at the employees' expense. The employee would not be obligated to purchase the benefit but would be required to pay the valuation study in advance regardless of the choice made. If the employee chooses to purchase the benefit, the employee would be required to pay the full amount described in the valuation study; assuring both the Fund and the City remain cost neutral. Historical Perspective Allowing employees to purchase a pension benefit is nothing new to our City and many others. There are presently options available to current employees to "buy-back" time of either military service or service as a police officer or firefighter elsewhere. "Buy-hacks" currently are limited to 3 years of previous service. Additionally, a recent "buy-back" was made by the City at the ~ expense of the city to allow senior staff employees to re-enter the cities' pension plan. These employees elected to leave the cities' defined benefit plan and enter into a defined contribution plan. Shortly thereafter, these employees requested to return back into the defined benefit plan which the city allowed and paid for. The DROP employees are requesting far less, funding the benefit on their own. Comparative Perspective A brief comparative survey was conducted through phone and email correspondence which indicates differences in how other municipalities dealt with the issue. Included are the responses of the pension plan administrators, if any. Survey Question: Has your plan experienced an increase in member benefits while having employees in the DROP? If so, how was the benefit handled for the DROP employees? Survey Cities and Contacts: Response (Contacts provided by FFPTA website of plan administrators and contact persons may not be the person spoken to for the survey) Hollywood P&F, Rich Brito "they don't necessarily automatically receive what is being negotiated for active members, but it is being tried now to include a group that retired in 1996 to present. Normally retirees get 50% of any benefit increase, as that is written in our pension act" Pembroke Pines P&F, Joan Wall DROP employees given increase, 3% to 4% @ no cost to employee Miami Beach P&F, Celia Locke DROP employees entitled to increase by contract negotiation in contract period. 3 DROP employees outside contract period granted benefit @ no cost Naples Police, Dorothy King Phone number not in service Ocala Fire, Randy Griffin Left phone message, no response as yet Boca Raton P&F, Robert Daniels Has not come up but believes DROP employees would not receive benefit Boynton Beach Fire, Barbara LaDue Left phone message, responded via phone the following day: increase in retiree benefits are handled on case by case basis. Increases have been approved in the past. Ft. Lauderdale P&F, Donna Spence emailed, returned undeliverable Orlando Fire, Kent 01son issue has not come up **** Note, the passage of SS 2003- 339 (HB 605) which altered the Orlando Pension Plan for Police Officers includes a ~backdrop" provision which makes the issue of inclusion of benefits for DROP employees moot (attached) Stuart Police, Jan Townsend no employee in DROP, issue has not come up West Palm Beach P&F, Sue Stormes emailed without response 4 Legal Considerations Offering the benefit purchase option to all 123 retired employees (of which 13 are active employees in the DROP) removes any potential litigation from any retiree given the ubiquitous nature of the offer. Every retired employee is given the chance to purchase the benefit. It is probable that most if not all retirees will opt not to participate in the purchase as it is contemplated that the benefit will be cost prohibitive. Also, it is very possible that the cost to the DROP employees is also prohibitive reducing further the number of members who will participate. The issue was forwarded to the Florida Retirement System Benefits Administrator, Patricia Shoemaker, for review by the FRS Division of Police and Firefighter Retirement Trust Fund. In her response, there were no negative issues with the State in a cost neutral scenario. The question was submitted as such: Recently the City of De/ray Beach increased the multiplier for Police and Fire employees to 3 %% after 20 years of service. We now have an issue where our DROP employees have requested the ability to purchase the higher benefit and pay for the actuarial valuation for determining the cost of such a benefit. Our thought is to offer the same purchase option for all 123 retired employees of the Po/ice and Fire Departments to avoid possible litigation from anyone left out and to give the chance for ali retirees to increase their monthly benefit. This assumes they ere willing to pay for the ectuarial valuation, then pay for the benefit itself if they so desire. Question for you and your staff; Is there any policy, statute or other problem from the States'perspective as to why this can not be offered? And her response: There is no rule, policy or statute that would prevent you from offering all retirees the opportunity to enhance their retirement benefit. I assume that you are planning on offering the benefit improvement at the employee's cost...so that the employee pays the entire cost of his increase in benefits. I suspect that the cost will be prohibitive, but cedainly you may offer such an opportunity to your retirees. Let me know if you have any further questions. Patricia F. Shoemaker Benefits Administrator Municipal Police Officers' Retirement Trust Funds (850) 922-0667 5 Conclusion This appears to be a "win-win" position for the city. The inclusion of retired and DROP employees in a benefit enhancement at the employees' expense poses a unique situation wherein the city and pension fund maintain fiduciary integrity while remaining altruistic and employee oriented. As a major concern for our city, this should have a positive impact on the retention of employees who will feel the same offer may be extended to them in a future similar situation. This action on the part of the city demonstrates a competitive edge when compared to other municipalities. It may be a determining factor with a current employee deciding to continue service with the city or not. The fact that the employee is to "buy" the benefit, at a cost determined by the fund actuary, assures the cities' unfunded liability protection. Also, because the fund administers monies for a timeline of 20, 30 years and beyond, the actuarial soundness of the plan and the funding liability of the city are accounted for in the actuarial valuation given its' long term approach. Finally, the offer to retirees to purchase the benefit is not complicated. There are only 123 retirees in this category. A mailing to the retirees would pose a detailed explanation of the course of action required to receive the benefit. It would then be the responsibility of the retiree to contact GRS and Company and continue the process. The city and fund are removed from the actual administration of the benefit offer thereafter. Given that 110 retirees would be purchasing a full 1% multiplier over the course of their career, it is highly unlikely that they would be financially able to do so unfortunately. However, the Pension Fund Trustees and the City of Delray Beach are far better in the eyes of the retirees and the current employees for having offered. Respectfully Submitted, Douglas R. Vaughn City of Delray Beach Police and Firefighter Pension Trustee 6 To: Mayor Jeff Perlman, Vice Mayor Jon Levinson, Deputy Vice Ma i Archer, Commissioner Bob Costin, Commissioner Alberta Perry McCarthy From: Current DROP participants of the Police and Fire Departments . Date: January 23, 2004 : ~i Illil Re: Request for Inclusion in Pension Benefit Enhancemen lTY 'MANA611Iq." Please find enclosed the survey of the current police and fire employee DROP participants. We are in hopes that our long service with the City of Delray Beach will given consideration as we respectfully request the option of the recently approved increase in multiplier. Please take note that we are in agreement that we pay for both the actuarial study to determine the cost and the cost of the benefit itself. We are available for any discussion on the subject. You may contact us through either the Police or Fire labor presidents. David Harden, City Manager Chuck Gerolman, Police Jmes Tabeek, Fire We, the current Deferred Retirement Option Participants, wish to express to the City Commissioners our interest in purchasing the new benefit of 3.5% per year of service. We recognize that this benefit is not a current entitlement and would be an employee purchased benefit enhancement option. Also, we would individually bear the actuarial cost of such a benefit study just as current employees who buy back previous years of service. We respectfully request the opportunity to have this option available to us if at all possible. Police Department: Mark Davis David Ringerser ~r Fire Department: Menlo To: City Commission From: David Harden ~,'// CC: Date: July 2, 2004 Re: Waivers Requested for Dixie Del-Ida Plat Attached is the staff report on requested waivers for tot area, lot width and lot frontage associated with the proposed resubdivision of four lots in Del Ida Park. In my opinion, our staff made a serious error when they failed to consider the prevailing pattem of development in this block and the facing block. This information was not brought to the attention of the Historic Preservation Board which, despite the opposition of several neighborhood residents, approved the request. If the Historic Preservation Board had had this information, their recommendation might have been different. The Land Development Regulations were amended in 1994 to require that where adjoining lots were under one ownership, then "said property shall not be developed except in accordance with the minimum frontage and lot area requirements of the district." This amendment was adopted precisely to prevent what is being proposed here, development which is not in keeping with the immediate neighborhood. The attached table shows the areas of the existing parcels in the block where this subdivision is proposed and the facing block. You can see that, excluding the proposed subdivision, the average lot size is 10,777 square feet in Block 5 and 12, 933 square feet in Block 4. This subdivision, if it is approved, would have an average lot size of 8,644 square feet, two to four thousand square feet less than the average, and almost a thousand less that the minimum required for the zoning district. On the other hand if the property were subdivided into three lots, the average size would be 11,526 square feed. We did allow building on some 50 foot lots in NE 7~h Street, but in that case, that was the prevailing pattern of existing development on the street, Recommendation: I strongly recommend that these waiver requests be denied. While some waivers in connection with resubdivision of this property into three lots might be appropriate, I believe that granting this request for four lots would essentially make the 1994 LDR amendment referenced above a dead letter because of the precedent which would be set. DEL IDA PARK AREA CALCULATIONS BLOCK 4 PARCEL CONTROL NUMBER OWNER NAME ACRES 12434609290040010 12434609290040020 12434609290040040 12434609290040050 12434609290040060 12434609290040080 12434609290040090 12434609290040100 12434609290040130 12434609290040140 12434609290040160 12434609290040170 12434609290040181 12434609290040201 12434609290040230 12434609290040260 MCFEE ENA G KITCHON BEVERLY A BROCK DIANE L LYNCH LESLEY S SPANBAUER DAVID M MOORE DONALD J PERRY BARBARA JAMISON MARY DELRAY BEACH CITY OF ZAJA ERIC B MORRIS RICHARD P GOCHENOUR MICHAEL E KUTZY LYNN G GREELEY SARAH B JONAS HAROLD RICE PAUL 0.22 0.32 0.16 0.16 0.32 0.16 0.32 0.22 0.31 0.39 0.16 0.24 0.32 0.40 0.48 0.56 TOTALS AVERAGE 4.75 0.30 BLOCK 5 PARCEL CONTROL NUMBER OWNER NAME ACRES 12434609290050010 12434609290050060 12434609290050070 12434609290050091 12434609290050101 124346092900501020 12434609290050110 12434609290050140 12434609290050151 12434609290050161 PERAN SHELLEY L LOBUONO JOSEPH R EMBREE LESTER E HYSONG TONI B CIPRIANI JOHN L TR RIq-FER VIRGINIA L DROWNE BARBARA A CONN RICHARD SANCHEZ JOSE L CRAMER JOYCE E 0.23 0.16 0.40 0,20 0.07 0.42 0.32 0.22 0.22 0.22 SQUARE FEET 9,631 14,000 7,000 7,000 14,000 7,000 14,000 9,480 13,580 16,900 7,000 10,500 14,000 17,500 21,000 24,340 206,931 12,933 SQUARE FEET 10,069 7,000 17,500 8,875 2,840 18,480 13,809 9,800 9,800 9,600 TOTAL 2.47 107,773 AVERAGE 0.25 10,777 1 4,l I1 II NOTI5: U I~ 29 }gL J, S ] -I,3 DE_Si~I',, TED 'AS DEL-IDA PARI" HI STORIC DISTRICT TO: THRU: FROM: SUBJECT: MEETING OF JULY 6, 2004 CONSIDERATION OF WAIVER REQUESTS TO LDR SECTION 4.3.4 (K) TO REDUCE THE LOT SIZE, THE LOT FRONTAGE AND THE LOT WIDTH IN ASSOCIATION WITH A PROPOSED SUBDIVISION, LOCATED ON THE SOUTH SIDE OF DIXIE BOULEVARD AND ON THE WEST SIDE OF N.E. 2ND AVENUE. The subject property consists of Lots 2, 3, 4 and 5, Block 5 of Del-Ida Park Subdivision (Plat Book 9, Page 52). The property is located near the southwest corner of Dixie Boulevard and N.E. 2°d Avenue and currently contains a 1-story contributing single family residence constructed in 1930 with associated garage located to the rear. The development proposal is to reconfigure the existing 4 lots into 4 new lots that will be wider in frontage/width, but shorter in depth. Two (2) of the four (4) proposed lots will need waivers to reduce the minimum lot size requirements and will be discussed in greater depth within the Waiver Analysis section of this report. The contributing structure will be preserved but the associated 286 sq. ft. garage located to the rear is proposed to be demolished. The property is currently zoned R-l-AA (Single Family Residential) and has a Future Land Use Map designation of LD (Low Density Residential, 0-5 Units/Acre). On June 2, 2004, The Historic Preservation Board (HPB) approved the demolition request for the 286 sq. ft. garage and approved the variance request to reduce the side interior building setback from ten (10') to five (5') for the existing (contributing) structure. In addition, HPB recommended approval to the City Commission of the waivers to reduce minimum lot size requirements for the proposed lots 1 and 2. As per LDR Section 2.4.7(B)(1)(b), the City Commission has the authority to grant relief of the following standard: LDR Section 4.3.4 (K) (Development Standards Matrix): · Reduction of required lot size for proposed Lot 1 from 9,500 sq. ft. to 7,932 sq. ft.; and, Reduction of required lot frontage for proposed Lot I from 75 feet to 50 feet; and, Reduction of required lot width for proposed Lot 1 from 75 feet to 50 feet; and, · Reduction of required lot size for proposed Lot 2 from 9,500 sq. ft. to 7,500 sq. ft. Pursuant to LDR Section 4.3.1(D), lots or yards created after October 1, 1990 shall meet the minimum requirements established by Chapter 4 unless the City Commission declares at the time of approval of an associated development application that it is necessary and appropriate to create such nonconformity. The proposal is to reconfigure four existing nonconforming lots (50' X 140' plus) into two conforming and two nonconforming lots. Proposed Lot 3 and Lot 4 will conform to the R-l-AA district standards with respect to minimum lot size requirements. Proposed Lot 2 (containing the historic dwelling) is deficient with respect to lot size and proposed Lot 1 is deficient with respect to lot size, lot frontage and lot width. Pursuant to LDR Section 4.3.4(K), the following are the minimum lot size requirements for properties zoned R-l-AA (Single Family Residential): City Commission Documentation Meeting of July 6, 2004 Dixie Del-Ida Plat Waiver Request Page 2 Lot Area Lot Area Frontage Width Depth Frontage Width Depth (sq. ft.) (sq. ft.) Lot 1, 75 75 100 9,500 149 Lot2 75 75 100 9,500 75 75 100 LOt3* 75 75 100 9,500 75 77 140 9,646 LOt4* 75 75 100 9,500 87.58 80 110 9,500 * Irregularly shaped lots ** Waivers to lot dimension requirements apply to Lots 1 and 2 and are denoted by the shaded boxes. The project involves four waiver requests (seen by the shaded boxes in the table above) to permit the development of Lots 2-5, Block 5 of the Del-Ida Park subdivision. The proposal involves the future construction of three (3) new single family homes to be located adjacent to the historic structure. The homes will be constructed in keeping with the Mediterranean-Revival style of the historic residence and the surrounding historic neighborhood with the design elements considered under a separate COA application to be considered by the Historic Preservation Board at a later date. The existing lot 2 and a portion of lots 4 and 5 are currently vacant while the historic house and garage are located on lot 3 and a portion of lots 4 and 5. Upon reconfiguration, the parcels will consist of four (4) buildable lots with three (3) houses fronting along Dixie Boulevard and one (1) single family home facing NE 2nd Avenue. Lots 2-5 are currently owned by the same individual. LDR Section 4.1.4(C) requires that, with the exception of single family residences subject to the R-1-A zoning district standards, if two (2) or more adjoining lots (or a combination of lots and portion of lots) of record were under the same ownership as of October 18, 1994, and if the total frontage area is equal to or greater than that which is required by the zoning district regulations, said property shall not be developed except in accordance with the minimum frontage and lot area requirements for the current zoning district. Within the R-l-AA zoning district, individual single family lots are required to have a minimum frontage of 75', a minimum width of 75', a minimum depth of 100' and a minimum lot area of 9,500 sq. ft. as shown on the table above. Since these lots were originally platted as 50' wide lots, with the current lot configuration, none of the 4 lots meet all of the R-l-AA district standards. According to the attached survey, existing Lots 2 and 3 of Del- Ida Park have double frontage along Dixie Boulevard and N.E. 2nd Avenue while existing Lots 4 and 5 of Del-Ida Park has frontage on Dixie Boulevard. With the reconfiguration, the total number of lots which front on Dixie Boulevard was reduced to three, thereby allowing an increase in frontage (for proposed Lots 2 and 3) from 50' to 75' to meet district standards with respect to lot frontage and lot width. Existing Lot 3 and a portion of existing Lot 2 were combined to create proposed Lot 4 which will have 87.85' of frontage along N.E. 2nd Avenue. Given the new configuration, two of the lots will become conforming and relieve will be sought for the remaining two. The relief in part is being sought in the interest of saving the existing historic structure (Lot 2). The remaining Lot (Lot 1) is restricted with respect to frontage given the structures location on Lot 2. Pursuant to LDR Section 2.4.7(B)(5), prior to granting a waiver, the granting body shall make findings that the granting of the waiver: a) Shall not adversely affect the neighboring area; b) Shall not significantly diminish the provision of public facilities; c) Shall not create an unsafe situation; and, City Commission Documentation Meeting of July 6, 2004 Dixie Del-Ida Plat Waiver Request Page 3 d) Does not result in the grant of a special privilege in that the same waiver would be granted under similar circumstances on other property for another applicant or owner. The Mediterranean-Revival dwelling reflects the traditional historic architecture found in the Del-Ida Park Historic District. However, the associated garage does not reflect the true architectural materials or design of the Mediterranean-Revival style of architecture. Therefore, the demolition of the non- contributing garage, the variance, and the waivers would encourage the rehabilitation of the existing one- story, contributing dwelling and would support the retention of the building in its original orientation. Approving the waivers would not be contrary to the public interest, safety, or welfare by negatively impacting the surrounding properties. Special conditions and circumstances exist because of the historic setting and the requests are the minimum necessary to aid the retention and rehabilitation of the existing residence. Given the discussion above, the waiver requests will not adversely affect the neighboring area or is a special privilege being granted pursuant to LDR Sections 2.4.7(A) and (B). In addition, waivers were granted by the City Commission for the SE O'Neal Plat based upon the same situation involving the preservation of a historically significant structure. All interior lots contained within the plat of Del-Ida Park were platted as 50' wide lots that ranged in depth from 120' to 140'. The majority of the homes constructed in this neighborhood were developed on 50' to 75' wide lots. Homes along Dixie Boulevard were developed on lots that range in frontage from 50' to 150' and an existing home located within the same block (Block 5) is situated on a lot that measures 40' wide by 78' deep. Currently, there are two 50' wide lots, two 75' wide lots, two 100' wide lots, two 125' wide lots and three 125'+ wide lots located on Dixie Boulevard. The proposal to create two (2) 75' wide lots and one (1) 50' wide lot fronting on Dixie Boulevard would not have a negative impact along this street since four lots of this dimension currently exist (please refer to the attached aerial map with lot lines superimposed). Given the discussion above, the four (4) waiver requests will neither adversely affect the neighboring area nor grant a special privilege as the building's location is pre-existing. Further, no public facilities will be at risk and no unsafe situations shall be formed by the granting of this waiver. Waivers were granted under similar circumstances when involving the preservation of an historic building. The waivers were associated with the historically designated SE O'Neal House which involved the re-subdivision of five existing nonconforming lots (50'X 100') to three (3) lots. Lot 2 of the SE O'Neal Plat (which contained the historic dwelling and garage) was deficient with respect to lot frontage, lot width and lot area, while Lots 1 and 3 are deficient with respect to lot area. The City Commission approved these waivers at their regularly scheduled meeting of November 18, 2002 along with the SE O'Neal Plat. Based upon the above, the proposed waivers and re-plat are necessary and appropriate in order to maintain consistency, retain the existing historic structure and to allow the vacant parcels to be developed with single family homes. Move approval of the request for waivers to reduce the total lot area and lot frontage/width requirements, as noted in the table above, for proposed Lots 1 and 2, by adopting the findings of fact and law contained in the staff report, and finding that the request and approval thereof is consistent with the Comprehensive Plan and meets criteria set forth in Sections 2.4.7 (B), 4.1.4(C), and 4.3.1(D) of the Land Development Regulations and the policies of the Comprehensive Plan. Attachments: · Aerial Map, Location Map and Reduced Survey S:\Planning & Zoning\BOARDS\CITY COMMISSION\Dixie Del-Ida Plat-Waiver Request.doc N DIXIE DEL-IDA PLAT (F.K.A. HISTORIC DEL-IDA PARK PLAT) N.E. 7TH ST. N.W. 7TH ST. . N.W. 6TH ST. ~ NE. 6TH ST. z N,E, 5TH TERR. WOOD LN. z I J' N.E. 5TH CT. Z o'"" TRINITY ~ . N.E. 5TH ST. L U THERA N ff') LAKE IDA ROAD N.E. 4TH ST. POST CA SON -- OFFICE __ ME THODIS T CHURCH N -- DIXIE DEL-IDA PLAT ow o¢ .Eu~^~ .E^c.. rL PROPOSED LOT CONFIGURATION TO: THRU: FROM: SUBJECT: .rv~NAGER PA(~L~ PLANNING AND ZONING PLANNER MEETING OF JULY 6, 2004 APPROVAL OF A FINAL SUBDIVISION PLAT FOR A 0.79 ACRE, FEE-SIMPLE, SINGLE-FAMILY DETACHED SUBDIVISION KNOWN AS DIXIE DEL-IDA PLAT (F.K.A. HISTORIC DEL-IDA PARK PLAT), LOCATED ON THE SOUTH SIDE OF DIXIE BOULEVARD AND ON THE WEST SIDE OF N.E. 2NO AVENUE. The subject property consists of Lots 2, 3, 4 and 5, Block 5, Del-Ida Park Subdivision (Plat Book 9, Page 52), located near the southwest corner of Dixie Boulevard and N.E. 2"d Avenue. The property has a Future Land Use Map designation of LD (Low Density Residential, 0-5 dwelling units per acre) and is zoned R-l-AA (Single Family Residential). Currently, Lot 3 contains a one-story, 1,836 sq. ft. contributing residence constructed in 1930, which includes a one-story garage, constructed in 1948. The garage lies to the southeast of the property, to the rear of the historic residence. On June 2, 2004, The Historic Preservation Board (HPB) approved the demolition request for the 286 sq. ft. garage and approved the variance request to reduce the side interior building setback from ten (10') to five (5') for the contributing structure. In addition, HPB recommended approval to the City Commission of the final plat and waivers to reduce minimum lot size requirements for the proposed lots I and 2. On June 21, 2004, The Planning and Zoning Board approved the Preliminary Plat and recommended approval of the final plat for Historic Del-Ida Park along with the associated waivers. The proposed plat requires waivers to the LDR Sections listed below. LDR Section 4.3.4 (K) (Development Standards Matrix): · Reduction of required lot size for proposed Lot 1 from 9,500 sq. ft. to 7,932 sq. ft.; and, · Reduction of required lot frontage for proposed Lot 1 from 75 feet to 50 feet; and, · Reduction of required lot width for proposed Lot 1 from 75 feet to 50 feet; and, · Reduction of required lot size for proposed Lot 2 from 9,500 sq. ft. to 7,500 sq. ft. The proposed plat will reconfigure four 4 new single-family detached lots that will be wider in frontage/width, but shorter in depth. Lot 1 will be an "L' shaped lot consisting of 7,932 sq. ft. and measuring 50' wide by 149' in depth. Lot 2 will contain the contributing structure on a 7,500 sq. ft. lot that measures 75' wide by 100' deep. Lot 3 will consists of 9,646 sq. ft. and vary in measurement from 75' wide across the front, 53.67' wide across the rear, 140' along the west side of the lot and 100' along the east side of the lot. Lot 4 is another irregular shaped lot that will contain 9,500 sq. ft. and vary in measurement from 87.58' wide across the front, 96.34' wide across the rear and approximately 110' deep. Lots 1, 2 and 3 will take access from Dixie Boulevard and Lot 4 will take access from N.E. 2"d Avenue. City Commission Documentation Meeting of July 6, 2004 Dixie Del-Ida Plat Page 2 The Historic Preservation Board considered the proposed plat, and the associated waivers, at their meeting of June 2, 2004. After reviewing the staff report, the Board voted 6 to I (Mary Lou Jamison dissenting) to recommend to the City Commission approval of the waivers. By separate motion, the Board voted 6 to 1 (Mary Lou Jamison dissenting) to recommend to the City Commission approval of the preliminary/final plat of Historic Del-Ida Park Plat (now known as Dixie Del-Ida Plat). The Planning and Zoning Board considered the proposed plat, and the associated waivers, at their meeting of June 21, 2004. After reviewing the staff report, the Board voted 6 to 0 (Mark Krall absent) to recommend to the City Commission approval of the waivers. By separate motion, the Board voted 6 to 0 (Mark Krall absent) to approve the preliminary plat and to recommend to the City Commission approval of the final plat of Historic Del-Ida Park Plat (now known as Dixie Del-Ida Plat). All technical items have been satisfactorily addressed. Move approval of the request for final plat approval for Dixie Del-Ida Plat, by adopting the findings of fact and law contained in the Planning and Zoning staff report of June 21, 2004, and finding that the request and approval thereof is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.5(J) (Major Subdivisions), Section 3.2.3 (Standards for Site Plan and/or Plat Actions) and Section 3.1.1 (Required Findings for Land Use and Land Development Applications) of the Land Development Regulations. Attachment: · Location Map · Reduced Survey and Reduced Plat Planning and Zoning Board staff report of June 21, 2004 S.'[ P&Z~boardstcity commission~Dixie Del-Ida Plat .doc N,W. 7~H N.W. 61H WOOD LN. ST. TRINITY 6TH ST. L U THERA N LAKE IDA ROAD CA SON ME TH ODI$ T CHURCH N.E. 5TH N.E. 4TH POST OFFICE ST. ST. N CITY OF DELRAY BEACH, FL PLANNING · ZONING DEPARTMENT DIXIE DEL-IDA PLAT PROPOSED LOT CONFIGURATION i SO0'O0'O0~/ t38.58' N.E. 2ND AVENUE PLANNING AND ZONING BOARD CITY OF DELRAY BEACH --- STAFF REPORT --- MEETING DATE: AGENDA ITEM: ITEM: June 21, 2004 V.A. Combined Preliminary/Final Subdivision Plat Approval For Historic Del-Ida Park Plat, A Proposed 4-Lot Subdivision, Located On The South Side Of Dixie Boulevard, Between Swinton Avenue and NE 2nd Avenue (Quasi-Judicial Hearing). GENERAL DATA: Owner ....................................... Virginia T. Childers Applicant ............................... Klm Dwyer Location ...................................... Located on the south side of Dixie Boulevard, between Swinton Avenue and N.E. 2"a Avenue. Property Size .............................. 0.79 Acre Future Land Use Map ................ LD (Low Density, 0-5 units per acre) Current Zoning .............. ~ ............. R-l-AA (Single Family Residential) Adjacent Zoning ................ North: R-l-AA East: R-l-AA South: R-l-AA West: R-l-AA Existing Land Use ...................... Contributing single family residence with detached garage and vacant lots Proposed Land Use ....................Reconfiguring 4 existing lots into 4 buildable lots with associated waivers. Water Service ............................. Available via connection to an existing 8" water main within Dixie Boulevard and an existing 6" water main within NE 2nd Avenue right-of-way. Sewer Service ............................. Available via connection to an existing 8" sewer main within Dixie Boulevard and an existing 8" sewer main within NE 2'a Avenue right-of-way. The item before the Board is that of approval of a preliminary plat and certification of a final plat for a 0.79 acre, 4-lot, single family detached subdivision to be platted as Historic Del-Ida Park Plat. The subject property is located on the south side of Dixie Boulevard and on the west side of N.E. 2°d Avenue. This plat is being processed pursuant to LDR Section 2.4.5(J), Major Subdivisions. The subject property consists of Lots 2, 3, 4 and 5, Block 5, Del-Ida Park Subdivision (Plat Book 9, Page 52), located near the southwest corner of Dixie Boulevard and N.E. 2"d Avenue. The property has a Future Land Use Map designation of LD (Low Density Residential, 0-5 dwelling units per acre) and is zoned R-l-AA (Single Family Residential). Currently, Lot 3 contains a one-story, 1,836 sq. ft. contributing residence constructed in 1930, which includes a one-story garage, constructed in 1948. The garage lies to the southeast of the property, to the rear of the historic residence. The development proposal is to reconfigure the existing 4 lots into 4 new lots that will be wider in frontage/width, but shorter in depth. Two (2) of the four (4) proposed lots will need waivers to reduce the minimum lot size requirements and will be discussed in greater depth within the Waiver Analysis section of this report. The contributing structure will be preserved but the associated 286 sq. ft. garage located to the rear is proposed to be demolished. Due to the current location of the existing contributing structure in relation to the proposed lot line (Lot 2), a variance will be required to reduce the side interior building setback from ten (10') to five (5'). On June 2, 2004, The Historic Preservation Board (HPB) approved the demolition request for the 286 sq. ft. garage and approved the variance request to reduce the side interior building setback from ten (10') to five (5') for the contributing structure. In addition, HPB recommended approval to the City Commission of the waivers to reduce minimum lot size requirements for three (3) of the four (4) proposed lots. The plat currently before the Board is required for single family fee-simple type developments and was listed as a condition of approval by the Historic Preservation Board. The proposed plat consists of 4 lots located on a 0.794 acre site. Lot 1 will be an "L" shaped lot consisting of 7,932 sq. ft. and measuring 50' wide by 149' in depth. Lot 2 will contain the contributing structure on a 7,500 sq. ft. lot that measures 75' wide by 100' deep. Lot 3 will consists of 9,646 sq. ft. and vary in measurement from 75' wide across the front, 53.67' wide across the rear, 140' along the west side of the lot and 100' along the east side of the lot. Lot 4 is another irregular shaped lot that will consists of 9,500 sq. ft. and vary in measurement from 87.58' wide across the front, 96.34' wide across the rear and approximately 110' deep. Lot 1, 2 and 3 will take access from Dixie Boulevard and Lot 4 will take access from N.E. 2"d Avenue. No additional right-of-way dedications are necessary. The proposed plat requires waivers to the LDR Sections listed below. As per LDR Section 2.4.7(B)(1)(b), the City Commission has the authority to grant relief of the following standard: P&Z Board Staff Report Historic Del-Ida Park Plat Page 2 LDR Section 4.3.4 (K) (Development Standards Matrix): Reduction of required lot size for proposed Lot 1 from 9,500 sq. ft. to 7,932 sq. ft.; and, Reduction of required lot frontage for proposed Lot I from 75 feet to 50 feet; and, Reduction of required lot width for proposed Lot 1 from 75 feet to 50 feet; and, · Reduction of required lot size for proposed Lot 2 from 9,500 sq. ft. to 7,500 sq. ft. Waiver Request: Pursuant to LDR Section 4.3.1(D), lots or yards created after October 1, 1990 shall meet the minimum requirements established by Chapter 4 unless the City Commission declares at the time of approval of an associated development application that it is necessary and appropriate to create such nonconformity. The proposal is to reconfigure four existing nonconforming lots (50' X 140' plus) into two conforming and two nonconforming lots. Proposed Lot 3 and Lot 4 will conform to the R-l-AA district standards with respect to minimum lot size requirements. Proposed Lot 2 (containing the historic dwelling) is deficient with respect to lot size and proposed Lot 1 is deficient with respect to lot size, lot frontage and lot width. Pursuant to LDR Section 4.3.4(K), the following are the minimum lot size requirements for properties zoned R-l-AA (Single Family Residential): Frontage Width Lot Area Frontage Width Depth Lot Area (sq. ft.) Depth (sq. ft.) 75 75 100 9,500 149 75 75 1 O0 9,500 75 75 1 O0 75 75 100 9,500 75 77 140 9,646 75 75 100 9,500 87.58 80 110 9,500 * Irregularly shaped lots ** Waivers to lot dimension requirements apply to Lots 1 and 2 and are denoted by the shaded boxes. The project involves four waiver requests (seen by the shaded boxes in the table above) and a variance request to permit the development of current Lots 2-5, Block 5 of the Del-Ida Park subdivision. The proposal involves the future construction of three (3) new single family homes to be located adjacent to the historic structure. The homes will be constructed in keeping with the Mediterranean-Revival style of the historic residence and the surrounding historic neighborhood, however, the design elements will be considered under a separate COA application to be considered by the Historic Preservation Board. The present lot 2 and a portion of lots 4 and 5 are currently vacant with the histodc house and garage located on lot 3 and a portion of lots 4 and 5. Upon reconfiguration of the proposed lots, the parcels will consist of four (4) buildable lots with three (3) houses along Dixie Boulevard and one (1) single family home facing NE 2nd Avenue, Lots 2-5 are currently owned by the same individual. LDR Section 4.1.4(C) requires that, with the exception of single family residences subject to the R-1-A zoning district standards, if two (2) or more adjoining lots (or a combination of lots and portion of lots) of record were under the P&Z Board Staff Report Historic Del-Ida Park Plat Page 3 same ownership as of October 18, 1994, and if the total frontage area is equal to or greater than that which is required by the zoning district regulations, said property shall not be developed except in accordance with the minimum frontage and let area requirements Required Findinqs: Pursuant to LDR Section 2.4.7(B)(5), prior to granting a waiver, the granting body shall make findings that the granting of the waiver: a) Shall not adversely affect the neighboring area; b) Shall not significantly diminish the provision of public facilities; c) Shall not create an unsafe situation; and, d) Does not result in the grant of a special privilege in that the same waiver would be granted under similar circumstances on other property for another applicant or owner. The Mediterranean-Revival dwelling reflects the traditional historic amhitecture found in the Del- Ida Park Historic District. However, the associated garage does not reflect the true architectural materials or design of the Mediterranean-Revival style of architecture, Therefore, the demolition of the non-contributing garage, the variance, and the waivers would encourage the rehabilitation of the existing one-story, contributing dwelling and would support the retention of the building in its original orientation. Approving the waivers would not be contrary to the public interest, safety, or welfare by negatively impacting the surrounding properties. Special conditions and circumstances exist because of the historic setting and the requests are the minimum necessary to aid the retention and rehabilitation of the existing residence. Given the discussion above, the waiver requests will not adversely affect the neighboring area or is a special privilege being granted pursuant to LDR Sections 2.4.7(A) and (B). In addition, waivers were granted by the City Commission for the SE O'Neal Plat based upon the same situation involving the preservation of a historically significant structure. All interior lots contained within the plat of Del-Ida Park were platted as 50' wide lots that ranged in depth from 120' to 140'. The majority of the homes constructed in this neighborhood were developed on 50' to 75' wide lots. Homes along Dixie Boulevard were developed on lots that range in frontage from 50' to 150' and an existing home located within the same block (Block 5) is situated on a lot that measures 40' wide by 78' deep. Currently, thera are two 50' wide lots and two 75' wide lots located on Dixie Boulevard; therefore, the proposal to create two (2) 75' wide lots and one (1) 50' wide lot fronting on Dixie Boulevard would not have a negative impact along this street. Given the discussion above, the four (4) waiver requests will neither adversely affect the neighboring area nor grant a special privilege as the building's location is pre-existing. Further, no public facilities will be at risk and no unsafe situations shall be formed by the granting of this waiver. Waivers were granted under similar circumstances when involving the preservation of an historic building. The waivers were associated with the historically designated SE O'Neal House which involved the rs-subdivision of five existing nonconforming lots (50' X 100') to three (3) lots. Lot 2 of the SE O'Neal Plat (which contained the historic dwelling and garage) was deficient with respect to lot frontage, lot width and lot area, while Lots 1 and 3 are deficient with respect to lot area. The City Commission approved these waivers at their regularly scheduled meeting of November 18, 2002 along with the SE O'Neal Plat. Based upon the above, the proposed waivers and re-plat are necessary and appropriate in order to maintain consistency, retain the existing historic structure and to allow the vacant parcels to be developed with single family homes. P&Z Board Staff Report Historic Del-Ida Park Plat Page 4 Pursuant to Section 3.1.1 of the Land Development Regulations, prior to approval of development applications, certain findings must be made in a form which is part of the official record. This may be achieved through information in the application, the staff report, or minutes. Findings shall be made by the Board to approve or deny the development application. These findings relate to Future Land Use Map Consistency, Concurrency and Consistency with the Comprehensive Plan, and Compliance with the Land Development Regulations. Section 3.1.1 (A) - Future Land Use Map: The resulting use of land or structures must be allowed in the zoning district within which the land is situated and said zoning must be consistent with the applicable land use designation as shown on the Future Land Use Map. The subject property has a Future Land Use Map designation of LD (Low Density, 0-5 dwelling units per acre) and is zoned Single Family Residential (R-I-AA). Pumuant to LDR Section 4.4.3(B)(1), within the R-l-AA zoning district, conventionally sited single family detached residences are allowed as a permitted use. As the proposed density is 5 units per acre, it is appropriate to make a positive finding with respect to consistency with the Future Land Use Map designation. Section 3.1.1 (B) - Concurrency: Pursuant to Section 3.1.1(B) Concurrency as defined pursuant to Objective B-2 of the Future Land Use Element of the Comprehensive Plan must be met and a determination made that the public facility needs of the requested land use and/or development application will not exceed the ability of the City to fund and provide, or to require the provision of, needed capital improvements for the following areas: Water and Sewer: · Water service is available via connection to an existing 8' water main within Dixie Boulevard and an existing 6" water main within NE 2"d Avenue right-of-way. · Sewer service is available via connection to an existing 8" sewer main within Dixie Boulevard and an existing 8" sewer main within NE 2nd Avenue right-of-way. · Fire protection will be provided via existing fire hydrants at the southwest corner of Dixie Boulevard and NE 2"~ Avenue as well as at the northwest corner of Lot 5, Del-Ida Park. The Comprehensive Plan states that adequate water and sewer treatment capacity exists to meet the adopted LOS (Level of Service) at the City's build-out population based on the current FLUM. The 4 single family residential units were factored into the plan; thus, a positive finding with respect to this level of service standard can be made. Streets and Traffic: A traffic study/statement is not required for this proposal. P&Z Board Staff Report Historic Del-Ida Park Plat Page 5 Parks and Recreation Facilities: The proposed 4 residential units will not have a significant impact with respect to level of service standards for parks and recreation facilities. Pursuant to LDR Section 5.3.2, a park impact fee of $500.00 per dwelling unit will be collected prior to issuance of a building permit for each unit. A total fee of $2,000 will be required of this development for parks and recreation purposes. Solid Waste: Trash generated each year by the 4 units is 7.96 tons of solid waste per year (4 units x 1.99 tons of solid waste per year = 7.96 tons). The trash generated by this proposal can be accommodated by existing facilities; therefore, a positive finding with respect to this level of service standard can be made. Drainage: Drainage will be accommodated on site. There should be no impact on drainage as it relates to this level of service standard. Schools: A School Concurrency Determination from the Palm Beach County School District is not required for this project. Section 3.1.1 lC) - Consistency: Pursuant to Section 3.2.1 (Basis for Determining Consistency), the performance standards set forth in Section 3.2.3 (Standards for Site Plan and/or Plat Actions) shall be the basis upon which a finding of overall consistency is to be made. As described in Appendix "A", a positive finding for consistency can be made as it relates to Standards for Plat Actions. Section 3,1.1 (D) - Compliance with the Land Development Regulations: LDR Section 4.3.3(0)(2) (Plat Required): Each townhouse, or townhouse type, development shall be platted with a minimum designation of the interior street system as a tract. When the dwelling units are to be sold, each unit must be shown on the plat. No additional right-of-way or access tracts are necessary for this project as all lots take direct access from Dixie Boulevard and NE 2~d Avenue right-of-way. The submitted plat meets all other requirements. LDR Section 6.1.3(B)(2)(Sidewalk Design Requirements): Pursuant to LDR Section 6.1.3(B)(2), 5' wide sidewalks must be constructed within the street right-of-way (or easement or tract) and must be constructed adjacent to the right-of-way (easement or tract) line. A 5' wide concrete sidewalk exists within the rights-of-ways for Dixie Boulevard and NE 2"d Avenue. LDR Section 5.3.1(Ri.qht-of-Way Dedication): Per LDR Section 5.3.1(A), streets, public or private, shall be shown on all subdivision plats as tracts dedicated for such purposes. P&Z Board Staff Report Historic Del-Ida Park Plat Page 6 As previously mentioned, vehicular access will be taken directly from Dixie Boulevard or NE 2na Avenue, no additional right-of-way dedications will be necessary. Comprehensive Plan Policies: A review of the objectives and policies of the Comprehensive Plan will be conducted with the Site Plan and all applicable objectives or policies will be discussed at a later time. Technical comments from the Planning & Zoning Department and Environmental Services Department are attached as Appendix "B', and must be addressed prior to scheduling of the plat for City Commission. While there are several comments, they are minor in nature and will not impact the general plat diagram. This project proposal is not within the geographical area requiring review by the Downtown Development Authority (DDA). However, it is within the geographical area requiring review by the Historic Preservation Board (HPB) and the Community Redevelopment Agency (CRA). Community Redevelopment Aqency (CRA): The CRA considered the development proposal with associated waivers at its meeting of May 27, 2004, and recommended approval. Historic Preservation Board (HPB): The HPB considered the development proposal with associated waivers at its meeting of June 2, 2004, and recommended approval. Courtesy Notices: A courtesy notice has been sent to the following neighborhood and civic associations: [] President's Council [] PROD (Progressive Residents of Delray) [] Seacrest Neighborhood Association [] Del-Ida Homeowners Association Letters of objection or support, if any, will be presented at the Planning and Zoning Board meeting. The proposal to reconfigure 4 existing lots into 4 buildable lots is consistent with the Zoning and Future Land Use Map designation for the subject property. Positive findings can be made with respect to LDR Section 3.1.1 (Required Findings for Land Use and Land Development Applications), Section 3.2.3 (Standards for Site Plan and/or Plat Actions) and Goals, Objectives and Policies of the Comprehensive Plan. The plat will require minor technical modifications as listed in "Appendix "B" - Technical Items" section of this report before it can advance to City Commission. P&Z Board Staff Report Historic Del-Ida Park Plat Page 7 it is important to keep in mind that the request before the board is a recommendation for plat approval with associated waivem and not site plan approval. The actual design and layout for the proposed single family homes will be submitted at a later time and will be required to meet strict historic preservation design guidelines to ensure compatibility with respect to design and massing in relation to the surrounding area. A. Continue with direction. Move a recommendation of approval to the City Commission of the request for a Final Plat approval for Historic Del-Ida Park Plat, by adopting the findings of fact and law contained in the staff report, and finding that the request and approval thereof is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.5(J) (Major Subdivisions), Section 3.2.3 (Standards for Site Plan and/or Plat Actions) and Section 3.1.1 (Required Findings for Land Use and Land Development Applications) of the Land Development Regulations, subject to conditions. C. Approve the preliminary plat, and require submittal of a final plat to be processed separately. Move a recommendation of denial to the City Commission of the request for a Final Plat approval for Historic Del-Ida Park Plat, based upon a failure to make positive findings of fact and law contained in the staff report, and failing to make positive findings that the request and approval is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.5(J) (Major Subdivisions), Section 3.2.3 (Standards for Site Plan and/or Plat Actions) and Section 3.1.1 (Required Findings for Land Use and Land Development Applications) of the Land Development Regulations. By Separate Motion: Waivers Move a recommendation of approval to the City Commission of the waivers to reduce the total lot area and lot frontage/width requirements, as described in this report, for proposed Lots '1 and 2, by adopting the findings of fact and law contained in the staff report, and finding that the request and approval thereof is consistent with the Comprehensive Plan and meets criteda set forth in Sections 2.4.7 (B), 4.1.4(C), and 4.3.1(D) of the Land Development Regulations and the policies of the Comprehensive Plan. Final Plat Move a recommendation of approval to the City Commission of the request for a Final Plat approval for Historic Del-Ida Park Plat, by adopting the findings of fact and law contained in the staff report, and finding that the request and approval thereof is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.5(J) (Major Subdivisions), Section 3.2.3 (Standards for Site Plan and/or Plat Actions) and Section 3.1.1 (Required Findings P&Z Board Staff Report Historic Del-Ida Park Plat Page 8 for Land Use and Land Development Applications) of the Land Development Regulations, subject to the following condition: 1. That all comments under the "Technical Items" section (Appendix "B") of the report be addressed prior to scheduling the plat for City Commission action. Attachments: · Appendix "A" · Reduced Survey Appendix "B" Reduced Plat · Location Map · Del-Ida Park Plat P&Z Board Staff Report Historic Del-Ida Park Plat Page 9 A. Building design, landscaping, and lighting (glare) shall be such that they do not create unwarranted distractions or blockage of visibility as it pertains to traffic circulation. Not applicable X Meets intent of standard Does not meet intent B. Separation of different forms of transportation shall be encouraged. This includes pedestrians, bicyclists, and vehicles in a manner consistent with policies found under Objectives D-I and D-2 of the Transportation Element. Not applicable X Meets intent of standard Does not meet intent C. Open space enhancements as described in Policies found under Objective B-I of the Open Space and Recreation Element are appropriately addressed. Not applicable X Meets intent of standard Does not meet intent D. The City shall evaluate the effect that any street widening or traffic circulation modification may have upon an existing neighborhood. If it is determined that the widening or modification will be detrimental and result in a degradation of the neighborhood, the project shall not be permitted. Not applicable X Meets intent of standard Does not meet intent Development of vacant land which is zoned for residential purposes shall be planned in a manner which is consistent with adjacent development regardless of zoning designations. Not applicable Meets intent of standard Does not meet intent X F. Vacant property shall be developed in a manner so that the future use and intensity are appropriate in terms of soil, topographic, and other applicable physical considerations; complementary to adjacent land uses; and fulfills remaining land use needs. P&Z Board Staff Report Historic Del-Ida Park Plat Page 10 Not applicable Meets intent of standard Does not meet intent X G. Redevelopment and the development of new land shall result in the provision of a variety of housing types which shall continue to accommodate the diverse makeup of the City's demographic profile, and meet the housing needs identified in the Housing Element. This shall be accomplished through the implementation of policies under Objective B-2 of the Housing Element. Not applicable Meets intent of standard Does not meet intent X H. The City shall consider the effect that the proposal will have on the stability of nearby neighborhoods. Factors such as noise, odors, dust, traffic volumes and circulation patterns shall be reviewed in terms of their potential to negatively impact the safety, habitability and stability of residential areas. If it is determined that a proposed development will result in a degradation of any neighborhood, the project shall be modified accordingly or denied. Not applicable Meets intent of standard Does not meet intent X Development shall not be approved if traffic associated with such development would create a new high accident location, or exacerbate an existing situation causing it to become a high accident location, without such development taking actions to remedy the accident situation. Not applicable Meets intent of standard Does not meet intent X J. Tot lots and recreational areas, serving children from toddler to teens, shall be a feature of all new housing developments as part of the design to accommodate households having a range of ages. This requirement may be waived or modified for residential developments located in the downtown area, and for inflll projects having fewer than 25 units. Not applicable X Meets intent of standard Does not meet intent P&Z Board Staff Report Historic Del-Ida Park Plat Page 11 The following comments must be addressed prior to scheduling the plat for City Commission: Plannin.q & Zonin.q Department Comments: Plat Comments: t,~. Per F.S. 177.051 Name and replat of Subdivision, "The primary name shall not be the same or in any way so similar to any name appearing on a recorded plat in the same county as to confuse the records or to mislead the public as to the identity of the subdivision," The name of the plat is too similar to the recorded plat of Del-Ida Park (PB 9, PG 52). In addition, the City of Delray Beach designated the area encompassed by the plat of Del-Ida Park as being a Historic District. Therefore, please change the name of Historic Del-Ida Park Plat to a more unique and less similar name to any recorded plat in Palm Beach County. Please correct the referenced Plat Book Number from "PB 19" to read "PB 9", located on the first line under the Plat Title of Sheet 1 of 2. Please remove the dedication language for Water and Sewer Easements since none are being dedicated. Please remove the dedication language for Drainage Easements since none are being dedicated. Since there are no water and sewer easements to be dedicated or shown on this plat, please remove the Director of Environmental Services signature from the City Approval Block section. 6. Please tie plat a section corner. 7. Please provide distances, together with either angles, bearings, or azimuths for the centerline of Dixie Boulevard per F.S. 177.901(22). 8. Please provide distances, together with either angles, bearings, or azimuths for the centeriine of N.E. 2"d Avenue per F.S. 177.901(22). 9. Surveyor's Statement says that P.R,M's have been placed, but none are shown on the plat. Please set them on the PlaL 10. A Notification of Utility Providers form was returned from Florida Power & Light (FP&L) requesting a 10' UE. along Dixie Boulevard as well as a 10' U.E. along N.E. 2r~ Avenue. Please amend the plat to Show a 10' G.U.E (General Utility Easement) along Dixie Boulevard and along N.E. 2"d Avenue with associated dedication language per City Standards. 11. According to the survey, an Overhead Wire (OHW) line runs between Lots 4, 5, 16 and 17, of Block 5 with associated Anchors encroaching onto Lots 3 and 5. If this OHW line is to remain, additional easements may be required. If relocation is the option, please contact John Van Vleet, Senior System Project Manager, Florida Power & Light for the appropriate procedures. P&Z Board Staff Report Historic Del-Ida Park Plat Page 12 12. Additional comments may follow after re-submittal. Environmental Services Department's Comments: Plat Comments: 1. Provide coordinates on all P.R.M 2. Provide digital copy of approved plat in format per City of Delray Beach Engineering. 3. Please remove the Director of Environmental Services from the City Approval Block. 4. Tie Plat to a section corner. 5. Provide a detailed description of how each of these comments has been addressed with next submittal. 6. Additional comments may follow upon provision of requested information. .t I:ITY OF DELRIIY BEflI:H CITY ATTORNEY'S OFFICE DELRAY BEACH AIkArm,dca City 200I TO: FROM: 200 NW 1st AVENUE · DELRAY BEACH, FLORIDA 33444 TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755 Writer's Direct Line: 561/243-7090 MEMORANDUM June 28, 2004 City Commission David T. Harden, City Manager Terrill C. Pyburn, Assistant City Attorney SUBJECT: Non-Grand Openin,q Portable Signs Ordinance Attached please find two revised ordinances on "ground signs" and "other portable signs". Ordinance 38-04 provides language regarding ground signs as a second alternative to portable signs also accommodating those businesses that do not have frontage on a public street. Ordinance No. 39-04 provides language regarding other, non-grand opening signs in order to accommodate businesses that do not have frontage on a public street. Please place on the July 6, 2004 City Commission agenda for first public hearing. Thank you. TCP:smk Attachment cc: Chevelle Nubin, Acting City Clerk Lula Butler, Director of Community Improvement Janet Meeks, Education Coordinator ORDINANCE NO. 38-04 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING ORDINANCE 14-04, BY ENACTING A NEW SUBSECTION 4.6.7(E)(3)(e), "GROUND SIGNS", TO ALLOW THE PLACEMENT OF CERTAIN GROUND SIGNS IN CERTAIN LOCATIONS; BY AMENDING APPENDIX "A" OF THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH TO PROVIDE FOR THE DEFINITION OF "GROUND SIGN"; PROVIDING A SAVINGS CLAUSE, A GENERAL REPEALER CLAUSE, AN INCLUSIONARY CLAUSE AND AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Delray Beach, Florida, has determined it to be in the public's best interest to establish reasonable regulations regarding ground signs in order to prevent safety hazards and protect property values. NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA AS FOLLOWS: Section 1. as follows: That Paragraph 4.6.7(E)(3) of Ordinance 14-04 is hereby amended to read (3) Special Purpose Signs and Signing: Permits for the following signs may be issued administratively provided that the provisions contained herein are complied with. (a) Directional Signs for Churches, Civic, or Recreational Facilities: General directional signs for civic, church, or recreational facilities up to a maximum of four (4) shall be allowed in the City street rights-of-way subject to the approval of the City Engineer and/or his/her designee. The number of directional signs permitted for each qualifying applicant shall depend upon the location and need of the traveling public. The dimensions of the directional signs shall be no greater than eight (8) inches by thirty (30) inches per sign. The signs must be designed and installed in accordance with these LDRs. A permit to work in the right-of- way must be obtained by the City Engineer or his/her designee. (b) Gasoline Pricing Signs: Signs may advertise the price of gasoline subject to the following restrictions: Not more than twelve square feet (12 sq.ft.) per sign face. If free standing, it shall not exceed five feet (5') in sign height. If a part of a permanent free standing sign, the price sign shall be included in the area of the permanent sign. One sign is permitted per frontage with a maximum of two signs per site. Signs placed on pumps shall not exceed three square feet (3 sq.ft.) per sign face nor a total of six square feet (6 sq.ff.) per sign. (c) Grand Opening Banner: One banner may be placed on the building of a newly opened business pursuant to the following: 1. Display is limited to four (4) weeks. The banner shall not exceed an area of fifty square feet (50 sq.ft.), The banner may not be more than fifteen feet (15)' above the grade, and must be placed on the building of the business, in the front of the business. 4. Banners shall be made of color fast material. (d) Grand Opening Portable Signs: Portable signs shall only be allowed within the Central Business District (CBD). In addition to a Grand Opening Banner, one Portable Sign may be placed directly in front of the building of a newly opened business pursuant to the following: 1. Display is limited to four (4) weeks. The portable sign frame structure shall not exceed 2' x 4' in area with the sign face area not to exceed 2' x 3'. A permit sticker must be obtained and clearly displayed on the Portable Sign frame. A portable sign placed on the sidewalk must be located in such a manner that it does not impede the five foot 2 ORD NO. 38-04 (5') pathway parallel to the street for through pedestrian traffic. If placed on that portion of the sidewalk that is located within a public right-of-way, a hold harmless agreement in a form acceptable to the City Attorney shall be provided. (e) Ground Si.qns: Within the Central Business District (CBD), businesses which do not have frontage on a public street, such as businesses located within a courtyard, may place a ground sign on the public right-of-way between the property line and the curb. Ground signs so located shall not exceed six (6) square feet in area, and the lower edge shall be a minimum of seven (7) feet high above the sidewalk. The desiqn and location of such signs shall be subiect to the approval of the building official to insure that the sign does not interfere with pedestrian traffic or parking. (e).(_.0. Historic Signing: Signs which are building mounted or free-standing which provide information of historic value. Said signing shall not exceed six feet (6') above grade when free-standing and shall not exceed three square feet (3 sq.ft.) in area in any circumstance. Such signing shall not be permitted until approval has been gained from the Historic Preservation Board. 1. Maintenance of Nonconforming Nostalgic Signs: (i) Signs that have an historic or nostalgic appeal, and constitute artistic expression, and not solely advertising may be exempted from the removal requirements if a recommendation by the Historic Preservation Board is approved by the City Commission. (ii) An owner of property on which an existing nonconforming sign is located may request the Historic Preservation Board to recommend to the City Commission that the existing nonconforming sign be designated as a "nostalgic sign." In considering whether to recommend that the existing nonconforming sign be designated as nostalgic, the Historic Preservation Board shall consider the sign's value as a part of the historical, cultural, aesthetic, and architectural heritage of the city, state, or nation. The Historic Preservation Board shall review the criteria 3 ORD NO. 38-04 contained in Section 4.5.1, of the Land Development regulations prior to making its recommendation. (iv) Any existing nonconforming sign designated as a nostalgic sign must be maintained in good condition. If at any time the sign becomes unsightly, or becomes a danger to the public health, safety, or welfare, the City Commission, following notification to the owner, may remove the nostalgic designation and set a date by which time the sign must be removed. (f)/_ql Menu Board Signs: Signs used by businesses to advertise prices of items in conjunction with service at a drive-thru window, such as fast-food restaurants, may be permitted as long as the size of the menu board does not exceed seven feet (7') in height, nor twenty four square feet (24 sq.ft.) in size. (g).(.b.) Murals and Signs Within Murals: A large painting or drawing affixed to the wall of a building located in commercially zoned districts shall be subject to approval by the Site Plan Review and Appearance Board or the Historic Preservation Board. The mural shall not directly represent or constitute advertisement of the goods, products, or services provided on site. If any portion of the mural includes identification of the establishment or the goods, products, or services provided on site, only that portion of the mural which specifies such information shall have its area included in the calculation of the sign area. Non-Residential Real Estate Signs: A permit may be granted to allow for the placement of one non- illuminated freestanding real estate sign advertising "For Sale", "For Rent", or "For Lease" and may identify the seller or agent along each street frontage, including those located within a historic district. Non-residential Real Estate Signs shall not exceed thirty-two square feet (32 sq.ft.), and shall be limited to seven feet (7') in height. Within a non-residential property located in a Historic District, real estate signs shall not exceed sixteen square feet (16 sq.ft.), and shall be limited to seven feet (7') in height. 4 ORD NO. 38-04 ~ Parking Area Signs: Parking area signs, as specified herein, provided the sign contains no more than the name of the building or development and the words, "Entrance", "Exit", "Parking for...", or "Entrance for..." or their equivalent, may be erected at each point of ingress and egress to a parking lot or parking area, and the signs shall not exceed four square feet (4 sq.ft.) in area nor extend to a greater height than five feet (5') above the ground, and shall be erected within the parking area. Only one sign shall be allowed at each point of ingress and egress, provided the signs do not create a traffic or pedestrian hazard. -(j~.(.~ Special Event Non-Roadway Banner Signing: Special signing, in accordance with this Subsection, may be allowed by the Chief Building Official or his/her designee, for special events if it is determined that the sign type meets the following criteria: the sign provides notice to the public of a public meeting or other public event, 2. the sign is temporary and for a limited time, and the sign, if allowed for a limited time, will meet the following criteria: (i) the sign will not conceal or obstruct adjacent land uses or signs, (ii) the sign will not conflict with the principal permitted use of the site or adjoining sites, the sign will not interfere with, obstruct vision of or distract motorists, bicyclists or pedestrians, and (iv) the sign will be installed and maintained in a safe manner. The approval, or disapproval, of such sign shall not be based on the content of the message contained (i.e., the viewpoint expressed) on such sign. The Chief Building Official or his/her designee shall render a decision within ten (10) days after an application is made for utilizing this sign type for a special event. Such a decision shall be deemed an administrative interpretation and any person adversely affected has the right to appeal the decision to the City Manager. 5 ORD NO. 38-04 Each sign limited to less than twenty square feet (20 sq.ft.) in area; Allowed ten (10) days prior to the event and must be removed by the second day after the event. (k-).(D. Special Event Roadway Banner Signing: Roadway Banner Signs: may be approved and issued by the Sign Administrator under the direction of the Director of Community Improvement, for special events for City or City co- sponsored events. Such signing shall be subject to the following standards: (i) The Roadway Banner Sign must be no more than three feet (3') in height by twenty-four feet (24') in length, and placed at least fifteen feet (15') above the surface of the roadway on City installed poles. The Roadway Banner sign must be constructed with a standard vinyl awning material and meet wind load requirements. (ii) The text of a roadway banner shall be limited to the name of the special event, the date or dates of the event and the name or logo of the City and the name or logo of the association or organization co-sponsoring the event. Display of the Roadway Banner Sign will be limited to a maximum of ten (10) days prior to the event and must be removed by no later than two (2) days after the event. (iv) Roadway Banner Signs will only be allowed to be displayed at the following intersections within the City limits and on City installed poles NE 1st Avenue and East Atlantic Avenue; and Pineapple Grove Way and East Atlantic Avenue within the arch area. ~(m) Subdivision Entrance Signs: Residential subdivision entrance signs shall be subject to the following standards: 6 ORD NO. 38-04 Such signs may be either one double faced sign or two signs where there are two walls at the entrance and where the signs are permanently affixed to the walls at each entrance of the subdivision; Each sign area shall be no greater than thirty-six square feet (36 sq.ft.) in area; Such subdivision entrance signs are permitted within all residential zoning districts; Such subdivision entrance signs may be erected within rights- of-way or median strips adjacent to the subdivision if approved by the City. A subdivision sign may also be located within the setbacks of private property within the subdivision or adjacent to the subdivision or adjacent to the subdivision within the guidelines set forth in 4.6.7(F)(3), if such sign was in existence as of July 1, 1988. Any such sign erected within a right-of-way or setback shall be at least ten feet (10') from a paved roadway and signs located within a median shall be at least five feet (5') from any paved roadway; Any such signs approved for location within the right-of-way or median, if such right-of-way or median is not within the jurisdiction of the City, shall obtain written permission from the governmental entity controlling the right-of-way or median to erect the sign in a requested and approved location; Any signs proposed to be located on adjacent private property shall be approved and permitted by the owners of the adjacent property. ,Any such signs lying on private property shall be considered an additional permitted sign without regard to other applicable sections of this code; and All signs proposed to be located within a right-of-way or median shall be reviewed and approved by the City Engineer or appointed designee for compliance with this section. (m)(n) Temporary Business Identification Sign: A temporary Business Identification Sign shall be allowed to be placed on the building fa(;ade once a sign 7 ORD NO. 38-04 application has been submitted and shall be removed within sixty (60) days from date of sign permit application. (R)(o) Temporary Construction/Development Signs: New construction, renovation work or temporary development signs shall be subject to the following standards: Freestanding Sign: One sign per street frontage, non- illuminated, with a sign area of not more than thirty-two square feet (32 sq.ft.), nor more than seven feet (7') in height. Sign Located on a Building: One sign per building frontage, non-illuminated with a sign area of not more than thirty-two square feet (32 sq.ft.). The sign may be installed at the time of submission of a building permit application. It must be removed upon expiration of building permit or building permit application or when the project obtains a Certificate of Occupancy. (e)~.p__). Valet Parking Signs: Signs for Valet Parking shall be allowed subject to the following restrictions: One pole mounted sign per approved Valet Queue, which may identify Valet Parking, the name of the business(es), rates, and the hours of operation. Valet Parking signs shall be manufactured and installed by the City. The sign area shall not exceed six square feet in area. Such sign shall be pole mounted and inserted in a ground sleeve. The location of such sign shall be determined by the City. The sign must be removed and stored inside the business daily during business hours when the approved valet queue is not in use. Traffic control cones may be used for queuing purposes, however they shall not contain any additional signage or markings. Section 2. That Appendix "A" of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach is hereby amended as follows: 8 ORD NO. 38-04 Ground Sign. A sign affixed to the ground and supported by poles1 upri.qhtsl or braces extendinq from the ground or a permanently mounted object on the ground but not attached to any part of a building. Section 3. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, clause 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 hereof other than the part declared invalid. Section 4. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 5. The provision of this ordinance shall become and be made a part of the Land Development Regulations of Delray Beach, Florida. The Sections of the ordinance may be renumbered or re-lettered to accomplish such, and the word "ordinance" may be changed to "section", "article", or any other appropriate word. Section 6. final reading. That this ordinance shall become effective upon its passage on second and PASSED AND ADOPTED in regular session on second and final reading on this the day of ., 2004. ATTEST: City Clerk First Reading Second Reading MAYOR 9 ORD NO. 38-04 ORDINANCE NO. 39-04 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING ORDINANCE 14-04, BY ENACTING A NEW SUBSECTION 4.6.7(E)(3)(e), "OTHER PORTABLE SIGNS", TO PROVIDE FOR THE INCLUSION OF PROVISIONS REGARDING OTHER, NON-GRAND OPENING PORTABLE SIGNS; PROVIDING A SAVINGS CLAUSE, A GENERAL REPEALER CLAUSE, AN INCLUSIONARY CLAUSE AND AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Delray Beach, Florida, has determined it to be in the public's best interest to establish reasonable regulations regarding non-grand opening portable signs in order to prevent safety hazards and protect property values. NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA AS FOLLOWS: Section 1. as follows: That Paragraph 4.6.7(E)(3) of Ordinance 14-04 is hereby amended to read (3) Special Purpose Signs and Signing: Permits for the following signs may be issued administratively provided that the provisions contained herein are complied with. (a) Directional Signs for Churches, Civic, or Recreational Facilities: General directional signs for civic, church, or recreational facilities up to a maximum of four (4) shall be allowed in the City street rights-of-way subject to the approval of the City Engineer and/or his/her designee. The number of directional signs permitted for each qualifying applicant shall depend upon the location and need of the traveling public. The dimensions of the directional signs shall be no greater than eight (8) inches by thirty (30) inches per sign. The signs must be designed and installed in accordance with these LDRs. A permit to work in the right-of- way must be obtained by the City Engineer or his/her designee. (b) Gasoline Pricing Signs: Signs may advertise the price of gasoline subject to the following restrictions: Not more than twelve square feet (12 sq.ft.) per sign face. If free standing, it shall not exceed five feet (5') in sign height. If a part of a permanent free standing sign, the price sign shall be included in the area of the permanent sign. One sign is permitted per frontage with a maximum of two signs per site. Signs placed on pumps shall not exceed three square feet (3 sq.ft.) per sign face nor a total of six square feet (6 sq.ft.) per sign. (c) Grand Opening Banner: One banner may be placed on the building of a newly opened business pursuant to the following: 1. Display is limited to four (4) weeks. The banner shall not exceed an area of fifty square feet (50 sq.ft.), The banner may not be more than fifteen feet (15)' above the grade, and must be placed on the building of the business, in the front of the business. 4. Banners shall be made of color fast material. (d) Grand Opening Portable Signs: Portable signs shall only be allowed within the Central Business District (CBD). In addition to a Grand Opening Banner, one Portable Sign may be placed directly in front of the building of a newly opened business pursuant to the following: 1. Display is limited to four (4) weeks. The portable sign frame structure shall not exceed 2' x 4' in area with the sign face area not to exceed 2' x 3'. A permit sticker must be obtained and clearly displayed on the Portable Sign frame. A portable sign placed on the sidewalk must be located in such a manner that it does not impede the five foot (5') pathway parallel to the street for through pedestrian traffic. If placed on that portion of the sidewalk that is located within a public right-of-way, a hold harmless agreement 2 ORD NO. -04 in a form acceptable to the City Attorney shall be provided. (e) Other Portable Signs: Portable siqns shall only be allowed within the Central Business District (CBD). The sign may only be placed on private properb/ by businesses that do not have frontage on a public street: The portable sign frame structure shall not exceed 2' x 4' in area with the sign face area not to exceed 2' x 3'. A permit sticker must be obtained and clearly displayed on the Portable Sign frame. A portable si,qn placed on the sidewalk must be located in such a manner that it does not impede the five foot (5') pathway parallel to the street for through pedestrian traffic. If placed on that portion of the sidewalk that is located within a public right-of-way, a hold harmless agreement in a form acceptable to the City Attorney shall be provided. (e).O.f). Historic Signing: Signs which are building mounted or free-standing which provide information of historic value. Said signing shall not exceed six feet (6') above grade when free-standing and shall not exceed three square feet (3 sq.ft.) in area in any circumstance. Such signing shall not be permitted until approval has been gained from the Historic Preservation Board. 1. Maintenance of Nonconforming Nostalgic Signs: (i) Signs that have an historic or nostalgic appeal, and constitute artistic expression, and not solely advertising may be exempted from the removal requirements if a recommendation by the Historic Preservation Board is approved by the City Commission. (ii) An owner of property on which an existing nonconforming sign is located may request the Historic Preservation Board to recommend to the City Commission that the existing nonconforming sign be designated as a "nostalgic sign." In considering whether to recommend that the existing nonconforming sign be designated as nostalgic, the Historic Preservation Board shall consider the sign's 3 ORD NO. -04 value as a part of the historical, cultural, aesthetic, and architectural heritage of the city, state, or nation. The Historic Preservation Board shall review the criteria contained in Section 4.5.1, of the Land Development regulations prior to making its recommendation. (iv) Any existing nonconforming sign designated as a nostalgic sign must be maintained in good condition. If at any time the sign becomes unsightly, or becomes a danger to the public health, safety, or welfare, the City Commission, following notification to the owner, may remove the nostalgic designation and set a date by which time the sign must be removed. (4).(_q). Menu Board Signs: Signs used by businesses to advertise prices of items in conjunction with service at a drive-thru window, such as fast-food restaurants, may be permitted as long as the size of the menu board does not exceed seven feet (7') in height, nor twenty four square feet (24 sq.ft.) in size. (~)(h) Murals and Signs Within Murals: A large painting or drawing affixed to the wall of a building located in commercially zoned districts shall be subject to approval by the Site Plan Review and Appearance Board or the Historic Preservation Board. The mural shall not directly represent or constitute advertisement of the goods, products, or services provided on site. If any portion of the mural includes identification of the establishment or the goods, products, or services provided on site, only that portion of the mural which specifies such information shall have its area included in the calculation of the sign area. (h)~ Non-Residential Real Estate Signs: A permit may be granted to allow for the placement of one non- illuminated freestanding real estate sign advertising "For Sale", "For Rent", or "For Lease" and may identify the seller or agent along each street frontage, including those located within a historic district. Non-residential Real Estate Signs shall not exceed thirty-two square feet (32 sq.ft.), and shall be limited to seven feet (7') in height. Within a non-residential property located in a Historic District, real estate signs shall not exceed sixteen square feet (16 sq.ft.), and shall be limited to seven feet (7') in height. 4 ORD NO. -04 (-i-)(i) Parking Area Signs: Parking area signs, as specified herein, provided the sign contains no more than the name of the building or development and the words, "Entrance", "Exit", "Parking for...", or "Entrance for..." or their equivalent, may be erected at each point of ingress and egress to a parking lot or parking area, and the signs shall not exceed four square feet (4 sq.ft.) in area nor extend to a greater height than five feet (5') above the ground, and shall be erected within the parking area. Only one sign shall be allowed at each point of ingress and egress, provided the signs do not create a traffic or pedestrian hazard. -(j).(.~ Special Event Non-Roadway Banner Signing: Special signing, in accordance with this Subsection, may be allowed by the Chief Building Official or his/her designee, for special events if it is determined that the sign type meets the following criteria: the sign provides notice to the public of a public meeting or other public event, 2. the sign is temporary and for a limited time, and the sign, if allowed for a limited time, will meet the following criteria: (i) the sign will not conceal or obstruct adjacent land uses or signs, (ii) the sign will not conflict with the principal permitted use of the site or adjoining sitesl the sign will not interfere with, obstruct vision of or distract motorists, bicyclists or pedestrians, and (iv) the sign will be installed and maintained in a safe manner. The approval, or disapproval, of such sign shall not be based on the content of the message contained (i.e., the viewpoint expressed) on such sign. The Chief Building Official or his/her designee shall render a decision within ten (10) days after an application is made for utilizing this sign type for a special event. Such a decision shall be deemed an administrative interpretation and any person adversely affected has the right to appeal the decision to the City Manager. Each sign limited to less than twenty square feet (20 sq.ft.) in area; 5 ORD NO. -04 Allowed ten (10) days prior to the event and must be removed by the second day after the event. (k~(I) Special Event Roadway Banner Signing: Roadway Banner Signs: may be approved and issued by the Sign Administrator under the direction of the Director of Community Improvement, for special events for City or City co- sponsored events. Such signing shall be subject to the following standards: (i) The Roadway Banner Sign must be no more than three feet (3') in height by twenty-four feet (24') in length, and placed at least fifteen feet (15') above the surface of the roadway on City installed poles. The Roadway Banner sign must be constructed with a standard vinyl awning material and meet wind load requirements. (ii) The text of a roadway banner shall be limited to the name of the special event, the date or dates of the event and the name or logo of the City and the name or logo of the association or organization co-sponsoring the event. Display of the Roadway Banner Sign will be limited to a maximum of ten (10) days prior to the event and must be removed by no later than two (2) days after the event. (iv) Roadway Banner Signs will only be allowed to be displayed at the following intersections within the City limits and on City installed poles NE 1st Avenue and East Atlantic Avenue; and Pineapple Grove Way and East Atlantic Avenue within the arch area. (-I)(m) Subdivision Entrance Signs: Residential subdivision entrance signs shall be subject to the following standards: Such signs may be either one double faced sign or two signs where there are two walls at the entrance and where the signs are permanently affixed to the walls at each entrance of the subdivision; 6 ORD NO. -04 Each sign area shall be no greater than thirty-six square feet (36 sq.ft.) in area; Such subdivision entrance signs are permitted within all residential zoning districts; Such subdivision entrance signs may be erected within rights- of-way or median strips adjacent to the subdivision if approved by the City. A subdivision sign may also be located within the setbacks of private property within the subdivision or adjacent to the subdivision or adjacent to the subdivision within the guidelines set forth in 4.6.7(F)(3), if such sign was in existence as of July 1, 1988. Any such sign erected within a right-of-way or setback shall be at least ten feet (10') from a paved roadway and signs located within a median shall be at least five feet (5') from any paved roadway; Any such signs approved for location within the right-of-way or median, if such right-of-way or median is not within the jurisdiction of the City, shall obtain written permission from the governmental entity controlling the right-of-way or median to erect the sign in a requested and approved location; Any signs proposed to be located on adjacent private property shall be approved and permitted by the owners of the adjacent property. Any such signs lying on private property shall be considered an additional permitted sign without regard to other applicable sections of this code; and All signs proposed to be located within a right-of-way or median shall be reviewed and approved by the City Engineer or appointed designee for compliance with this section. (m).(_~Temporary Business Identification Sign: A temporary Business Identification Sign shall be allowed to be placed on the building fa(~ade once a sign application has been submitted and shall be removed within sixty (60) days from date of sign permit application. (-P,-).(g.~ Temporary Construction/Development Signs: New construction, renovation work or temporary development signs shall be subject to the following standards: 7 ORD NO. -04 Freestanding Sign: One sign per street frontage, non- illuminated, with a sign area of not more than thirty-two square feet ($2 sq.ft.), nor more than seven feet (7') in height. Sign Located on a Building: One sign per building frontage, non-illuminated with a sign area of not more than thirty-two square feet (32 sq.ft.). The sign may be installed at the time of submission of a building permit application. It must be removed upon expiration of building permit or building permit application or when the project obtains a Certificate of Occupancy. (c)(p) Valet Parking Signs: Signs for Valet Parking shall be allowed subject to the following restrictions: One pole mounted sign per approved Valet Queue, which may identify Valet Parking, the name of the business(es), rates, and the hours of operation. Valet Parking signs shall be manufactured and installed by the City. The sign area shall not exceed six square feet in area. Such sign shall be pole mounted and inserted in a ground sleeve. The location of such sign shall be determined by the City. The sign must be removed and stored inside the business daily during business hours when the approved valet queue is not in use. Traffic control cones may be used for queuing purposes, however they shall not contain any additional signage or markings. Section 2. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, clause 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 hereof other than the part declared invalid. Section 3. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 4. The provision of this ordinance shall become and be made a part of the Land Development Regulations of Delray Beach, Florida. The Sections of the ordinance may be renumbered or re-lettered to accomplish such, and the word "ordinance" may be changed to "section", "article", or any other appropriate word. 8 ORD NO. -04 Section 5. final reading. That this ordinance shall become effective upon its passage on second and PASSED AND ADOPTED in regular session on second and final reading on this the day of ,2004. ATTEST: City Clerk First Reading MAYOR Second Reading 9 ORD NO. -04 [lTV OF DELRrI'd' BEI [H CITY ATTORNEY'S OFFICE 200 NW 1st AVENUE · DELRAY BEACH, FLORIDA 33444 TELEPHONE 561/243-7090 · FACSIMILE 561/278~4755 pE~LRo~Y' Writer's Direct Line: 561/243-7091 MEMORANDUM DATE: June 14, 2004 TO: FROM: City Commission David Harden, C~b/.Manager D.., -. ~-----'~'- Brian Shutt, Assistant City Attorney SUBJECT: Sale of Parcel The attached contracts are for the purchase and sale of the vacant parcel located at 15549 SW 9th Avenue. The parcel consists of approximately 12,000 square feet. The City received this pamel from Palm Beach County off of the lands available list. The City has been contacted by two potential pumhasers for this parcel. An executed contract from each one is attached to this memo. It is my understanding that Harvest Moon Realty is the contract purchaser for the larger vacant parcel that is adjacent to this parcel and wishes to include this parcel in their site plan. It is also my understanding that Universal Beach Service Corp. wishes to relocate their business to this address from its current location which is just south of N.E. 4Ih Street and adjacent to the FEC railroad. Both potential purchasers shall be in attendance to answer any further questions. Our office requests that this item be placed on the July 6, 2004 City Commission agenda. Please call if you have any questions. Attachment cc: Chevelle Nubin, Acting City Clerk RESOLUTION NO. 53-04 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING THE CITY TO SELL TO BUYER CERTAIN REAL PROPERTY IN PALM BEACH COUNTY, FLORIDA, AS DESCRIBED HEREIN, HEREBY INCORPORATING AND ACCEPTING THE CONTRACT STATING THE TERMS AND CONDITIONS FOR THE SALE AND PURCHASE BETWEEN THE BUYER AND THE CITY OF DELRAY BEACH, FLORIDA. WHEREAS, the City of Delray Beach, Florida, wishes to sell certain property located on S.W. 9th Avenue; and WHEREAS, the Buyer hereinafter named desires to buy the property hereinafter described fi.om the City of Delray Beach Florida; and WHEREAS, it is in the best interest of the City of Delray Beach, Florida, to sell said property. 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, as Seller, hereby agrees to sell to ., as Buyer, for the purchase price of ., said property being more particularly described as follows: See Exhibit "A" Section 2. That the costs of closing and transactions, title insurance, document preparation and attorney's fees shall be borne by the Buyer. Section 3. That the terms and conditions contained in the contract for sale and purchase and addenda thereto between the City of Delray Beach, Florida, and the Buyer as hereinabove named are incorporated herein as Exhibit "B". PASSED AND ADOPTED in regular session on the day of ,2004. ATTEST: M A Y O R City Clerk EXHIBIT "A" Esquire Sub S 80 fi. of E 150 ft. of Lt. 12. The above being the real property described under Tax Certificate Number 15599 in the Tax Deed recorded in Official Record Book 13878, Page 1379, Public Records of Palm Beach County, Florida. 2 ORD. NO. CONTRACT FOR SALE ~ PURCHASE PARTIES~ The CITY OF DELRAY BEAC~,("Seller"), of 100 NW 1s~ Avenue, Delray Beach, FL 33444 (Phone: 561-243-7000), and UNIVERSAL BEACH SERVICE COR~. a Florida coz-poration, ("Buyer.), of 107 NW 9tn Street, Delray Beach, FL 33444 (Phone:561- 276-8968) hereby agree that the Seller shall sell and Buyer shall buy the following described Real Property and Personal Property (collectively "Property") upon the following terms and conditions, which INCLUDE the Standards for Real Estate Transactions ("Standard(s).) on the reverse side hereof or attached hereto and riders and any addenda to this Contract for Sale and Purchase ("Contract"). I. DESCRIPTION~ (a)Legal description of the Real Property located in Palm Beach County, Florida: Esquire Sub S 80 ft of E 150 ft. of Lt 12. The above being the real property described under Tax Certificate Number 15599 in the Tax Deed recorded in Official Record Book 13878, Page 1379, Public Records of Palm Beach County, Florida (b) Street address, city, zip, of the Property is: 15549 SW 9=h Avenue, Delray Beach, FL 33444 II. (c) Personal Property: None PURCHASE PRICE~ ................................... PAYMENT~ (a) Deposit(s) to be held in escrow by Robert W. Federspiel Trust Account in the amount of (b) Balance to close (U.S. cash, LOCALLy DRAWN certified or cashier's check), subject to adjustments or prorations $74,000.00 $ 1,000.00 $ 73,000.00 III. TIM~ FOR ACCEPTANCe; EFFECTIVE DATE; FACSIMILEs If this offer is not executed by and delivered to all parties OR PACT OF EXECUTION communicated in writing between the parties, the deposit(s) will, at Buyer's option, be returned and this offer withdrawn. The date of Contract ("Effective Date") will be the date when the last one of the Buyer and the Seller has signed this offer. A facsimile copy of this Contract and any signatures thereon shall be considered for all purposes as originals. IV. TITLE EViD~CE: Prior to closing: DSeller shall, at Seller's expense, deliver to Buyer or Buyer's attorney; OR IBuyer shall at Buyer's expense obtain (CHECK ONLY ONE): Dabstract of title or Ititle insurance commitment (with legible copies of instruments listed as exceptions attached thereto) and, after closing, an owner's policy of title insurance. V. CLOSING DAT~z This transaction shall be closed and the deed and other closing papers delivered on September 15, 2004, unless modified by other provisions of Contract. VI. R~STRICTIONS; EASeMeNTS; LIMITATIONS~ Buyer shall take title subject to: comprehensive land use plans, zoning, restrictions, prohibitions and other requirements imposed by governmental authority; restrictions and matters appearing on the plat or otherwise common to the subdivision; public utility easements of record (easements are to be located contiguous to Real Property lines and not mOre than 10 feet in width as to the rear or front lines and 7~ feet in width as to the side lines, unless otherwise stated herein); taxes for Page 1 of 8 year of closing and subsequent years; assumed mortgages and purchase money mortgages, if .any (if additional items, see addendum); provided that there exists at closing no violation of the foregoing and none prevent use of the Property for industrial purposes. VII. OC~uYANCY: Seller warrants there are no parties in occupancy other than Seller; but if Property is intended to be rented or occupied beyond closing, the fact and terms thereof and the tenant(s) or occupants shall be disclosed pursuant to Standard F. Seller shall deliver occupancy of Property to Buyer at time of closing unless otherwise stated herein. If occupancy is to be delivered before closing, Buyer assumes all risk of loss to Property from date of occupancy, shall be responsible and liable for maintenance from that date, and shall be deemed to have accepted Property in its existing condition as of time of taking occupancy unless otherwise stated herein. VIII. TYPEWRITTEN OH HANDWRITTEN PHOVISIONS~ Typewritten or handwritten provisions, riders and addenda shall control all printed provisions of this Contract in conflict with them. IX. RIDERS~ (C7~CK those riders which are applicable AND are attached to this Contract): (a) D~oastal Construction Control Line (b) DCondominium (c)~Foreign Investment in Real Property Tax Act (d) UVA/FHA (e)[~Insulation (f)~"As Is" (g)~Homeowners' Association Disclosure (h) DResidential Lead-Based Hazard Disclosure (i) []Mold X. ASSIGNABILITY~ (CHECK ONLY ONE): Buyer (1) ~may assign and thereby be released from~any further liability under this Contract; Imay assign but not be released from liability under this Contract; or ~may not assign this Contract. XZ. DISCLOSURES: (a) Radon is a naturally occurring radioactive gas that, when accumulated in a building in sufficient quantities, may present health risks to persons who are exposed to it over time. Levels of radon that exceed federal and state guidelines have been found in bgildings in Florida. Additional information regarding Radon or R~don testing may be obtained from your County Public Health unit. (b) Buyer may have determined the energy efficiency rating of the residential building, if any is located on the Real Property. (c) If the Real Property includes pre-1978 residential housing then Paragraph IX(h) is mandatory. XZI. MAXIMUM REPAIR COSTS: Seller shall not be responsible for payments in excess of: (a) $20- for treatment and repair under Standard D (if blank, then 2% of the Purchase Price). (b) St0- for repair and replacement under Standard N (if blank, then 3% of the Purchase Price). XIII. SPECIAL CLAUSES; ADDENDA~ If additional terms are to be provided, attach addendum and CHECK HEREI. Page 2 of 8 UN~ B~ICE CORP! Ey ..,,,~4~ -trr//O_~-z //Jo~'~. P~a~t Date CITY OF DELRAY BEACH By: Tax ID No. 59-6000308 Date Deposit(s) under Paragraph II(a) received; IF OT~ER THAN CASH, THEN SUBJECT TO CLEARANCE: ROBERT~FEDERSPIE~.A. (Escrow Agent) Page 3 of 8 SELLER: BUYER: PROPERTY ADDRESS: ADDENDUM TO CONT~A~T FOR SALE A~D PURCHASE CITY OF DERLAY BEACH UNIVERSAL BEACH SERVICE CORP. 15549 SW 9~ Avenue, Delray Beach, FL 33444 XIII. SPECIAL CLAUSES; ADDENDA (Continued): A. RADON GAS: Radon gas is naturally occurring radioactive gas that, when it has accumulated in a building in sufficient quantities, may present health risks to persons who are exposed to it over time. Levels of radon that exceed federal and state guidelines have been found in buildings in Florida. Additional information regarding radon and radon testing may be obtained from your county public health unit. Paragraph N of the Standards for Real Estate Transactions attached to this contract is hereby deemed to include an inspection for radon gas. B. FOREIGN INVESTMENT IN REAL PROPERTY TAX ACT ("FIRPTA"): The parties shall comply with the provisions of Internal Revenue Code Section 1445 and applicable Treasury Regulations issued thereunder. If the Seller is a U.S. person for Internal Revenue Code Section 1445 purposes, then on demand of the Buyer and prior to closing the Seller shall provide the Buyer with a certificate of non- foreign status in the manner provided in Treasury Regulations Section 1.1445-2. If the Seller provides the Buyer with such certificate, and if the Buyer is otherwise permitted to rely on such certificate under those Regulations, the Buyer shall not withhold under Internal Revenue Code Section 1445. If the Seller is a 'foreign person' as defined by the Internal Revenue Code, the Buyer generally is required to withhold 10% of the gross sales price from the Seller at closing and to pay the withheld amount over to the Internal Revenue Service (IRS) unless an applicable exemption from withholding or a limitation on the amount to be withheld is available. To the extent that the cash to be paid over to the Seller at closing is insufficient to cover the Buyer's withholding obligation, the Seller shall provide to the Buyer at closing cash equal to such excess for purposes of making such withholding payment. If the Seller's federal income tax on the gain is less than the applicable withholding amount, the Seller may make advance application to the IRS for reduced withholding and, if granted, the Buyer shall withhold only the authorized reduced amount. If such ruling has not been received by closing, the parties at closing shall enter into an escrow agreement reasonably satisfactory to the Buyer and Seller pending receipt of the ruling, provided that at closing the Seller shall have the obligation to provide to the escrow agent from the closing proceeds (or from the Seller's other resources if necessary) cash equal to the maximum required withholding, with any excess withholding being refundable to the Seller upon receipt of a favorable ruling from the IRS. Buyer and Seller understand that the IRS requires the Buyer and the Seller to have a U.S. federal taxpayer identification number and to supply that number on the foregoing forms. A foreign individual may acquire an International Taxpayer Identification Number for this purpose. Since it may take several weeks to receive the number after application and the IRS will not process these forms without the actual number, a party lacking a TIN is advised to apply immediately. C. Notwithstanding any provision of this Contract to the contrary, the parties represent and warrant that there is no broker involved in this transaction to whom a commission would be due. D. The parties hereby agree that the subject property is being sold in its "as is" condition and, in lieu of the provisions set forth in Standards D and N herein, the Buyer shall have the right to make a full and complete inspection of the subject premises and improvements thereon within forty-five (45) days from the effective date of this Contract. In the event the Buyer determines within said inspection period that the property shall be in a condition unacceptable to Buyer, the Buyer shall have the right to cancel this Contract by delivering written notice thereof within said inspection period to Seller and receive a full refund of his deposit paid under this Contract. In the event the Buyer does not cancel this Contract as aforesaid, the Buyer expressly waives any and all claims against Seller with respect to the condition of the subject property and the Buyer accepts the subject property in its "as is" condition. Seller hereby notifies Buyer that Seller is unaware of any defects or repairs required to the subject property. Pa~e 5 of 8 STANDARDS FOR PEAL ESTATE TRANSACTIONS Page 6 of 8 Page 7 of 8 delivered out of escrow. If a licensed real estate broker, A~ent will comply with provisions of Chapter 475, F.S., aB amended. Any suit between Buyer and Seller where Agent is made a party because of acting as A~ent hereunder, or in any suit wherein Agent interpleadB the subject matter of the escrow, Agent shall recover reasonable attorneys~ fees and costs incurred with these a~ounts to be paid from and out of the escrowed funds or equivalent ~nd charged and awarded as court costs in favor of the prevailins 9arty. The Asent shall not he liable to any party Or person for misdelivery to Buyer or Seller of items subject to this escrow, unless such misdelivery is due to willful breach of Contract or gross negligence of Agent. B. ATTORNey B~S; CO~T~ In any litigation, including breach~ enforcement or interpretation, arising out Of this Contract, the prevailing party in Buch litigation which, for the purposes of this Standard, shall include Seller, Buyer, and any brokers acting in agency or nonagency relationships authorized by Chapter 475, F.S., as amended, shall be entitled to recover from the non-prevailing party reasonable attorney's fees, costs, and expenses. Page 8 of 8 Sefn I, Cohen, RA. Mitchell C. Fogel, RA, Saara J, Pekale* Tami L, Augen Fo--- el' Cohen *AlsoAdmifledin NewYo~ July 2, 2004 VIA HAND DELIVERY R. Brian Shutt, Assistant City Attorney City of Delray Beach 200 N.W. 1st Avenue Delray Beach, Florida 33444 Re: Harvest Moon Realty, LLC Proposed Purchase of .25 +/- Acre Vacant Parcel from the City of Delray Beach / Property Location: 15549 SW 9th Avenue, Delray Beach / Legal Description: Esquire Sub S 80 feet of E 150 feet of Lot 12, Plat Book 23, Page 43 / Folio No.: 12-43-46-20-18-000-0122 ("Property") Dear Brian: After discussing your last email concerning the Property with my client, please be advised that Harvest Moon Realty, LLC, is willing to increase its offer to purchase the parcel to $74,000.00. Please allow this letter to serve as an amendment to the Contract for Sale and Purchase my client submitted to your office on June 11, 2004. In preparation for the City Commission heating on Tuesday, July 6, 2004, please amend the package materials to reflect this updated offer. Thank you for your time and attention to this matter. For the Firm SIC/~p cc: Mr. Donald Brodsky Crystal Corporate Center * 2500 N, Military Troll · Suite 111 * Boca Rotan, Ftorida 33431 Telephone: 561-393-9111 Facsimile: 561-393-9707 Seth I. Cohen, RA, Mitchell C, Fogel, RA, Saara J, Pekale* Tami L, Augen Fo- el' Cohen * Also Admitted in New York July 1, 2004 VIA HAND DELIVERY City Commission/City of Delray Beach c/o R. Brian Shutt, Assistant City Attomey City of Delray Beach 200 N.W. 1st Avenue Delray Beach, Florida 33444 Re'- Harvest Moon Realty, LLC Proposed Purchase of .25 +/- Acre Vacant Parcel from the City of Delray Beach / Property Location: 15549 SW 9th Avenue, Delray Beach / Legal Description: Esquire Sub S 80 feet of E 150 feet of Lot 12, Plat Book 23, Page 43 / Folio No.: 12-43-46-20-18-000-0122 ("Property") To Whom It May Concern: This office represents Harvest Moon Realty, LLC ("Harvest Moon") in connection with its efforts to acquire the Property from the City of Delray Beach ("City"). In this regard, my office has presented a Contract for Sale and Pumhase ("Contract") to the City utilizing the City's form document. I understand that the City Commission will be reviewing and voting on whether to accept the Contract at the City Commission heating that is scheduled for the evening of Tuesday, July 6, 2004 (the "Heating"). In that acquiring the Property is important to Harvest Moon, my client has requested that I prepare this letter to better explain who the entity is and what they intend on doing with the parcel if acquired. To begin, it is important for the City Commission to know that the managing member of Harvest Moon is also the owner of House of Floors of Palm Beach, Inc., a Florida corporation ("House of Floors"). House of Floors is currently under contract with David and Felice Ledbetter to purchase that certain 1.3 +/- acre vacant parcel of land adjacent to the Property to the southeast ("Adj acent Parcel"). House of Floors currently operates a flooring business in Delray Beach on Poinsettia Drive. House of Floors started as a husband and wife operation in 1997. The company has since grown and now has a staff of over sixty (60) individuals. Based on the nature Crystal Corporate Center · 2500 N, MIIIlary Trail · Suite 111 · Boca Rotan, Florida 33431 Telephone: 561-393-9111 Facsimile: 561-393-9707 City Commission c/o R. Brian Shutt, Assistant City Attorney July 1, 2004 Page 2 of its business and the success that the company has attained, House of Floors has been instrumental in attracting new business to the Delray Beach area. Specifically, House of Floors promoted Delray Beach and the benefits the City offers local businesses when communicating with a flooring distributor and recycling company with whom it does business. As a result, these companies now operate their respective businesses in Delray Beach. It is the intention of House of Floors to acquire the Adjacent Parcel to construct a warehouse/office facility from which it can expand and operate its existing business. In preparation for House of Floors' acquisition of the Adjacent Parcel, it has retained the services of Kenneth Carlson Architects and Itasca Construction Corporation to prepare a site plan that satisfies the City's requirement in all respects. In fact, House of Floors has already submitted the site plan to the City and received DRC comments on June 17, 2004. My client informs me that the City was pleased with the initial submission and only had limited comments thereto. Enclosed please find a copy of the DRC comments received from the City for your review and edification. Upon leaming that the City owned the Property and that it was for sale, my client immediately contacted the City Attorney's office to begin discussing the possibility of acquiring this additional land. In order for my client to best utilize the Adjacent Parcel and expand its business in Delray Beach, acquiring the Property is significant. As mentioned in the attached letter from Kenneth Carlson Architects, acquiring the Property will, among other things, (i) eliminate congestion in the area as the additional land will enable my client to create a better staging area for tracks that deliver and pick up goods; (ii) allow the loading docks to be relocated to a more inconspicuous area; and (iii) create additional parking so that my client is able to expand its business, hire additional staff, and more efficiently operate its business. Further, my client informs me that at the June 17th hearing, members of the Architectural Review' Board ("Board") indicated that they would like to see the owner of the Adjacent Parcel construct a landscape feature on the property that would help embellish the site as well as the overall community. In that the location of the Property and Adjacent Pamel represent the entryway into the City's recently rezoned district, the Board expressed that such landscape feature would serve as a gateway and/or welcome into this new and revitalized neighborhood. My client is desirous of satisfying the Board's suggestion; however, in order to do so my client would need to acquire the Property in order to ensure it had sufficient land to construct both its facility in accordance with the approved site plan and the additional landscape feature. In summation, my client is hopeful that the members of the City Commission acknowledge that House of Floors' use of the Adjacent Parcel is beneficial to the City of Delray Beach, and that its ability to acquire the Property will only serve to enhance and improve such use, and support the recently enacted rezoning ordinance. Fo e Cohen City Commission c/o R. Brian Shutt, Assistant City Attorney July 1, 2004 Page 2 Thank you for your anticipated consideration. For the Firm SIC/sjp Enclosures cc: Mr. Donald Brodsky Fo e Cohen CONTRACT FOR SALE AND PURCHASFi This Contract for Sale and Purchase, dated this __ day of June, 2004, is entered into by and between CITY OF DELRAY BEACH, a Florida municipal corporation, ("Seller"), of 100 N.W. 1st Avenue,'Delray Beach, FL 33444 (Phone: 561-243-7000) and HARVEST MOON REALTY, a. Florida , hmited liability ~com~anye~.. , (Buyer), of LL q05 Z D,.,t, . 1. DESCRIPTION: See Exhibit "A" 2. PURCHASE PRICE: The Purchase Price for the Property, subject to the contkngencies set forth betow, shall be payable in the following manner: Purchase Price $67,000.00 Earnest Money Deposit payable to Escrow Agent upon full execution of the Agreement $ 1,000.00 Financing (90% of Purchase Price) $60,300.00 Balance of funds due fi.om Buyer in the form ofU. S, Currency, certified or cashiers check or immediately available federal funds on Closing and delivery of deed (subject to applicable prorations at closing) $ 5,700.00 TOTAL PURCHASE PRICE $67,000.00 Buyer shall be prepared to close on the Closing Date and tender the balance of the Purchase Price in lawful money of the United States of America. The balance of the Purchase Price shall be tendered in the form of an interbank wire transfer or cashier's check. 3. TIME FOR ACCEPTANCE; EFFECTIVE DATE; FACSIMII,E: If this offer is not executed by and delivered to all parties on or before July 13, 2004, the deposit(s), if any, will, at Buyer's option, be returned and this offer withdrawn. The date of this Contract ("Effective Date") will be the date when (i) the last one of the Buyer and the Seller has signed this offer, and (ii) the date the City Commission of the City of Dekay Beach approves this Contract. A facsimile copy of this Contract and any signature thereon shall be considered for all purposes as originals. shall do so at least 7 days before the closing date. TITLE EVIDENCE: If Buyer chooses to obtain a title insurance commitment, Buyer 5. CLOSING DATE: This transaction shall be closed and the deed and other closing papers delivered within twenty (20) days after the expiration of the feasibility study period as provided for in Paragraph L, unless extended by other provisions of the Contract. 6. RESTRICTIONS; EASEMENTS; LIMITATIONS: Buyer shall take title subject to: comprehensive land use plans, zoning, restrictions, prohibitions and other requirements imposed by guvemmental authority; restrictions and matters appearing on the plat or otherwise common to the subdivision; pubhc utility easements of record (easements are to be located contiguous to Real Property lines and not more than 10 feet in width as to the rear or front lines and 7 ½ feet in width as to the side lines, unless othem, ise specified herein); taxes for year of closing and subsequent years; assumed mortgages and purchase money mortgages, if any; provided, that there exists at closing no violation of the foregoing. 7. OCCUPANCY: Seller warrants that there are no parties in occupancy other than Seller. Seller shall deliver occupancy of Property to Buyer at time of closing unless otherwise stated herein. Ir'occupancy is to be delivered before closing, Buyer assumes all risk of loss to Property from date of occupancy, shall be responsible and liable for maintenance fi-om that date, and shall be deemed to have accepted Property in its existing condition as of time of taking occupancy unless otherwise stated herein. 8. TYPEWRITTEN OR HANDWRITTEN PROVISIONS: Typewritten or handwritten provisions shall control all printed provisions of this Contract in conflict with them. 9. ASSIGNABILITY: Buyer may assign Contract. 10. DISCLOSURES: Radon is a naturally occurring radioactive gas that, when accumulated in a building in sufficient quantifies, may present health risks to persons who are exposed to it over time. Levels of radon that exceed federal and state guidelines have been found in buildings in Florida. Additional information regarding Radon or Radon testing may be obtained from your County Public Health Unit. STANDARDS FOR REAL ESTATE TRANSACTIONS A. Evidence of Title: A title insurance com,,,itment issued by a Florida licensed title insurer agreeing to issue to Buyer, upon recording of the deed to Buyer, an owner's policy of title insurance in the mount of the purchase price, insuring Buyer's tlfle to real property, subject only to liens, encumbrances, exceptions or qualification set forth in this Contract and those which shall be discharged by Seller at or before closing. Seller shall convey a marketable title subject only to Hens, encumbrances, exceptions or qualifications set forth in this Con/xact and those which shall be discharged by Seller at or before closing. Marketable title shall be datemained according to applicable title standards adopted by authority of The Florida Bar and in accordance with law. Buyer shah have 5 days fi.om thc date of receiving a tifie co~imaeat to exam/ne it. If title is found defective, Buyer shall, within 5 days thereafter, notify Seller in writing specifying defect(s). If the defect(s) render tlfle unmarketable, Seller will have thirty (30) days from receipt of notice within which to remove the defect(s), failing which Buyer shall have the option of either accepting the title as it then is or demanding a refund of deposit(s) paid which shall immediately be returned to Buyer; thereupon Buyer and Seller shall release one another of all further obligations under the agreement. Seller will, if title is found unmarketable, use diligent effort to correct defect(s) in title within the time provided therefor, including the bring/ag of necessary suits. -2- B. Survey: Buyer, at Buyer's expense, within time allowed to deliver evidence of title and to examine same, may have Real Property surveyed and certified by a registered Florida surveyor. If the survey discloses encroachment on Real Property or that improvements located thereon encroach on setback lines, easements, lands of others, or violate any restrictions, Contract covenants or applicable governmental regulation, the same shall co .nstitute a title defect. C. In ross and E ress: Seller warrants and represents that there is ingress and egress to the Real Property sufficient for the intended use as described in Paragraph 6, hereof, title to which is in accordance with Standard A. D. Conduct Not Permitted: Once the Contract is fully executed, Seller shall not record any instrument, deed, easement, lien, declaration, memorandum or related document in the Public Records of Palm Beach County or with the State of Florida that in any way affects title to the Property. E. Liens: Seller shall furnish to Buyer at time of closing an affidavit attesting to the absence, unless otherwise provided for herein, of any financing statements, claims of lien or potential lienors known to Seller and further attesting that there, have been no improvements or repaks to property for ninety (90) days k,m,ediately preceding date of closing. If property has been improved, or repaized within that time, Seller shall deliver releases or waivers of mechanics' liens executed by all general contractors, subcontractors, suppliers, and materialmen m addition to Seller's lien affidavit setting forth thc names of all such general contractors, subcon- tractors, suppliers and materialmen and further affi_maing that all charges for improvements or repairs which could serve as a basis for a mechanic's line or a claim for damages have been paid or will be paid at closing of this Contract. F. Place of Closing: Closing shall be held in the county where the Real Property is located, at the office of the attorney or other closing agent designated by Seller. G. Time: In computing time periods of less than six (6) days, Saturdays, Sundays and state or national legal holidays shall be excluded. Any time periods provided for herein which shall end on Saturday, Sunday or a legal holiday shall extend to 5:00 p.m. of the next business day. Time is of the essence in this Contract. H. Documents for Clusin~: Seller shall furnish deed, bill of sale, mechanic's lien affidavit, assignments of leases, tenant and mortgagee estoppel letters and corrective insmunents. Buyer shall furnish closing statement, mortgage, mortgage note, security agreement, and financial statements. be paid by Buyer. Expenses: Documentary stamps on the deed and recording corrective instruments shall J. Taxes: Assessments: Eroenses: Taxes, assessments and expemes relative to the properly shall be paid through the date of closing. In the event an interim tax bill is not available as of the closing · the seller shall eserow adequate funda for the payment of such taxes based upun the closing agents estimate. K. Soecial Assessment Liens: Certified, confirmed and ratified special assessment liens as of date of closing (and not as of Effective Date) ere to be paid by Seller. pearling liens as of date of closing shall be assumed by Buyer. If the improvement has been substantially completed as of Effective Date, such pending lien shall be considered as ce,m~fied, confirmed or ratified and Seller shall, at closing, be charged an amount equal to the last estimate of assessment for the improvement by the public body. L. Feusibilit-v studies: The Buyer shall have sixty (60) business days following the Effective Date of this Contract within which to conduct any and all feasibility studies and determinations relative to the suitability for the acquisition of the subject properly by the Buyer and the Buyer reserves the express right to terminate this Contract at any time during said period for any reason or no reason, in Buyer's sole discretion, whereupon Buyer shall receive a full refund of all deposit monies paid hereunder. Buyer shall be granted reasonable/,) /I /t -3- ?/ access to the premises to conduct such feasibihty studies .... drilling, surveys, soil sampling and other such testing, and determm~hons, including environmental assays, core M. Risk of Loss: If the property is damaged by fire or other casualty before closing and cost of restoration _does not exceed 3% of the assessed valuation of the Property so damaged, cost of restoration shall be an obligation of the Seller and closing shall proceed pursuant to the terms of the Contract with restoration costs escrowed at closing. If the cost of the restoration exceeds three percent (3%) of the assessed valuation of the improvements so damaged, Buyer shall have the option of either taking property as is, together with either the three percy? (3 %) or any insurance proceeds payable by virtue of such loss or damage, or of canceling the agreement and recetvmg return of deposit(s). N. Escrow: Any escrow agent ("Agent") receiving funds or equivalent is authorized and agrees by ' acceptance of them to deposit them promptly, hold same in escrow and, subject to clearance, disburse them in accordance with terms and eonditiona of this Contract. Failure of clearance of funds shall not excuse Buyer's performance. If ia doubt as to Agent's duties or liabflines under the provisions of this Conlract, Agent may, at Agent's option, continue to hold the subject matter of the escrow until the parties mutually agree to its disbursement, or until a judgment of a court of competent jurisdiction shall determine the rights of the part/es or Agent may deposit with the clerk of the c/rcuit court having jurisdiction of the dispute. Upon notifying all parties concerned of such action, all liability on the part of Agent shall fully terminate, except to the extent of accounting for any items previously delivered out of escrow. If a licensed real estate broker, Agent will comply with provisions of Chapter 475, F.S., as amended. Any suit between Buyer and Seller where Agent is made a party because of acting as Agent hereunder, or in any suit wherein Agent interpleads the subject matter of the escrow, Agent shall recover reasonable attorney's fees and costs incurred with the fees and costs to be charged and assessed as court costs in favor of the prevailing party. Parties agree that Agent shall not be liable to any party or person for misdelive~y to Buyer or Seller of items subject to this escrow, unless such misdellvery is due to willful breach of contract or gross negligence of Agent. O. Failure of Performance. If Buyer fails to perform this Contract within the ~ne specified (including payment of all deposit(s)), the deposit(s) paid by Buyer may be retained by or for the account of Seller as agreed upon liquidated damages, consideration for the execution of this Contract and in full se~emcnt of any claims; whereupon, Buyer and Seller shall be relieved of all obhgatious under Contract; or Seller, at Seller's option, may proceed in equity to enforce Seller's rights under this Contract. If, for any reason other than failure of Seller to make Seller's title marketable a~er diligent effort, Seller fails, neglects or refuses to perform tl~s Contract, the Buyer may seek spccffic performance or elect to receive the return of Buyers deposit(s) without thereby waiving any action for damages resulting from Seller's breach. P. Contract Not Recordable: Persons Bound~ Notiee~ Neither this Contract nor any notice of it shall be recorded in any public records. This Contract shall bind and enure to the benefit of the parties and their successors in interest. Whenever the comext perr~ts, singular shall include plural and one gender shall include all. Notice given by or to the attorney for any party shall be as effective as if given by or to that party. Q. Conveyance: Seller shall convey title to Real Prope~'y by Quit Claim Deed, subject only to matters contained in Paragraph 6 and those otherwise accepted by Buyer. Personal Property shall, at request of Buyer, be transferred by an absolute bill of sale with warranty of tire, subject only to such matters as may be otherwise provided for herein. R. ~: No prior or present agreements or representations shall be binding upon Buyer or Seller unless included in this Contract. No modification or change in this Contract shall be valid or binding upon the parties unless in writing and executed by the party or parties intended to be bound by it. . ---~--- -j wmcn are not reamty ooservallle by Buyer or wkich have not been &sclosed to Buyer. g ~: City of Delray Beach ~E~: Har/esV M~Moon~/Realty, LLC, a Florida ~t~ li~ ~mpany By:~ By: _~Z //~ erlman, Mayor .~n~ld B~o~k~ ATTEST: Its: Managing Mo(nber By: City Clerk Approved as to Form: By:. City Attorney STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument was acknowledged before me this day of , 200_ by who is personally known to me or who has produced (type of identification) as identification. Signature of Notary Public- State of Florida -5- Exhibit "A" Legal Description from Surveyor and/or Appraiser to be Attached Upon Receipt To: City Commission From: David Harden~ ¢C: Date: July 2, 2004 Re: House of Floors Site Plan Mr. Brodsky, President of House of Floors, has asked that we include with this agenda item their proposed site plan if we sell them our property. I have also attached the site plan they submitted several weeks ago, which did not include our property. As I understand it, Universal Beach Cleaning plans to construct a building on the property if they are the successful purchasers. A building will certainly bring the City more tax revenue in the future than a parking/loading area. F [lTV ElF DELRrlV BErlgH Writer's ~irect Line: 561/243-7090 pE~L~Y, B,EAoCH~ TO: FROM: MEMORANDUM June 23,2004 City Commission David T. Harden, City Manager Terrill C. Pyburn, Assistant City Attorney Extension of the Moratorium on Adult Arcades Ordinance SUBJECT: Attached please find a proposed ordinance amending the moratorium on adult arcades to extend it for an additional 90 days. Please place this item on the City Commission agenda for July 6, 2004. Thank you. TCP:smk Attachment cc: Chevelle Nubin, Acting City Clerk Paul Dorling, Planning Director ORDINANCE NO. 37-04 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING ORDINANCE 13-04, SECTION 4, "DURATION OF MORATORIUM/EXTENSION OF MORATORIUM" BY AMENDING THE TEMPORARY BUILDING MORATORIUM ON ARCADES TO EXTEND THE MORATORIUM FOR A PERIOD OF NINETY (90) DAYS FROM THE DATE OF ADOPTION OF THIS ORDINANCE; PROVIDING A SAVINGS CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the City of Delray Beach, Florida, provides municipal services to its citizens, including regulation and licensing of businesses and issuance of permits; and WHEREAS, the City Commission has learned of certain activities related to "adult arcades" within the City of Delray Beach, being proposed or considered which activities would harm the City's economic and redevelopment activities and otherwise significantly and adversely affect the public health, safety, morals and welfare, said activities which may include forms of gaming or gambling which could lead to illegal activities; and WHEREAS, the operation of games of chance, those which require no skill in order to play, may result in illegal gambling activities; and WHEREAS, the City needs a period of time to address the different types of arcades and games utilized at arcades in order to determine the appropriate permitting criteria for each; and WHEREAS, this zoning ordinance is adopted pursuant to the City's Home Rule Powers as set forth in Florida Statutes Chapter 166; and WHEREAS, this ordinance is enacted in compliance with Florida Statutes Section 166.041(c). NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA: Section 1. That Ordinance 13-04 of the Code of Ordinances of the City of Delray Beach, Florida, Section 4 is hereby amended to read as follows: Section 4. DUR.~.T!ON OF M©P,,~.TOR!UM/EXTENSION OF MORATORIUM. (a) The temporary moratorium set forth in this ordinance ch3!! t3k: cffcct ..r.......-.....~,~ ..,~....,;,,...~..,.. became effective on March 11, 2004. a,",d m.. r.;, ..... .~ ..... , (b) The City Commission may-e~cmd is hereby extending the temporary ordinance .... moratorium established in th!c Ordinance 13-04 by enactment of a~ this ' """ time amending Ordinance 13-04 to provide for an extension for a period not to exceed ninety (90) days from the effective date of this ordinance, upo?. 3 +~"'~;"",,,,..,,,u ~' ............ ~'~-'; ..... f~hlic, h~rt h~r~,i .... ~'; .... tO '~";°* The City will accept no applications which are subject to the moratorium until the moratorium has expired. Section 2. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 3. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 4. That this ordinance shall become effective immediately upon its passage on second and final reading. of PASSED AND ADOPTED in regular session on second and final reading on this __ ,2004. day ATTEST: CITY CLERK First Reading. Second Reading MAYOR 2 ORD NO, 37~04 MEMORANDUM TO: FROM: SUBJECT: MAYOR AND CITY COMMISSIONERS CITY MANAGER ~ AGENDA ITEM # '- ~ O ~-- - REGULAR MEETING OF _IULY 6. 2004 ORDINANCE NO. 36-04 (AMENDING CHAPTER 56, "$TORMWATER") DATE: JULY 2, 2004 This ordinance is before Commission for second reading and public hearing to amend Chapter 56, "Stormwater" of the City Code of Ordinances, amending Sections 56.04, "Definitions" and 56.16, "Establishment of Rates for Stormwater Management Assessments" to provide that individual parcel owners within a residential subdivision shall be responsible for a prorated portion of the assessments of all common areas within the subdivision. At the first reading on June 22, 2004, the Commission passed Ordinance No. 36-04. Recommend approval of Ordinance No. 36-04 on second and final reading. S:\City Clerk\agenda memo. Ord 36.04. Storrnwater.07.06.04 [ITY I:IF DELRrlY BEACH .... ~iTY MANAGE¢ CITY ATTORNEY'S OFFICE 2°0 Nw ,~, AVENUE. DELRAY.EAC.. FLORID^ 334~4 TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755 DELRAY BEACH DATE: TO: FROM: SUBJECT: Writer's Direct Line: 561/243-7090 MEMORANDUM June 2, 2004 City Commission David T. Harden, City Manager Terrill Pyburn, Assistant City Attorney Proposed Stormwater Ordinance Attached please find a draft of the proposed stormwater ordinance including amendments to Section 56.04 providing a definition of common elements and amendments to Section 56.16 providing that individual parcel owners within a residential subdivision shall be responsible for a prorated portion of the assessments of all common areas within the subdivision. Also attached please find a copy of the State House Bill that was passed into law effective January 1,2004. Please place the ordinance on the June 22, 2004 City Commission agenda for first reading. Thank you. TCP:smk Attachment cc: Barbara Garito, City Clerk ORDINANCE NO~-04 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING TITLE 5, "PUBLIC WORKS", CHAPTER 56, "STORMWATER", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, BY AMENDING SECTION 56.04, "DEFINITIONS", TO PROVIDE A DEFINITION OF "COMMON ELEMENT"; AMENDING SECTION 56.16, "ESTABLISHMENT OF RATES FOR STORMWATER MANAGEMENT ASSESSMENTS", TO PROVIDE THAT STORMWATER ASSESSMENTS FOR SINGLE-FAMILY RESIDENTIAL UNITS SHALL BE AMENDED TO INCLUDE A PRORATED PORTION OF THE COMMON ELEMENTS WITHIN A PLATTED SUBDIVISION THAT ARE FOR THE EXCLUSIVE BENEFIT OF THE SINGLE-FAMILY RESIDENTIAL LOT OWNERS THEREIN; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Delray Beach, Florida, desires to amend Section 56.16, "Establishment of Rates for Stormwater Management Assessments", in order to provide an ordinance consistent with recent state legislation. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA: Section 1. That Title 5, "Public Works", Chapter 56, "Stormwater", Section 56.04, "Definitions", be amended to read as follows: Sec. 56.04. DEFINITIONS. The following words, when used herein, shall have the meanings indicated, unless the context indicates otherwise: Act. Shall have the meaning set forth in Section 56.01 of this Chapter. Beneficial area. The geographical boundaries of the City, including all future annexations and consolidations. City. The City of Deiray Beach, Florida, a municipal corporation. Commission. The City Commission of the City of Deiray Beach, Florida, acting as the governing body of the City. Common Element. As may be defined by Fla. Stat. §193.0235 and referenced in Section 56.16, a Common Element is: 1) Subdivision property not included within parcels which are intended to bn conveyed or have been conveyed into individual ownership, which property ix utilized exclusively for the benefit of parcel owners of such platted subdivision and are desi.qnated on the plat or approved site plan as ,3 Common Element for the exclusive benefit of parcel owners; 2) An easement threuqh the subdivision property, not includinq the property described in paraqraph (1), which has been dedicated to the public use or retained for the benefit of the subdivision; 2) Any other part of the subdivision which has been desiqnated on the plat or is required to be desiqnated on the site plan as a drainaqe pond, or detention or retention are, for the exclusive benefit of the subdivision. Consulting engineer. A qualified engineer or engineering firm licensed in the State of Florida and retained by the City to perform the acts and carry out the duties relating to the systems, as required by the City. Developed property. Any property with more than seven (7) percent of impervious area on such property. Equivalent residential unit or ERU. The average square footage of impervious area for detached single-family residential units within the benefited area. An ERU is numerically equal to two thousand five hundred two (2,502) square feet of impervious area which represents five and seven-tenths (5.7) percent of one acre of land. Existing system. The City's stormwater system and facilities existing at the time of the enactment of this Chapter. Impervious area. An area which either prevents or retards the entry of water into the soil mantle. Common impervious areas include, but are not limited to, rooftops, sidewalks, walkways, patio areas, driveways, parking lots, storage areas and other surfaces which similarly impact infiltration and runoff, and would also include ponds and lakes or other bodies of water unless such property is classified nonassessed property. Nonassessed property. Public Rights-of-Way, lakes, rivers, and other bodies of water not utilizing or having a direct or indirect impact on the system, tax-exempt properties owned by religious organizations, and such other properties within the benefited area which may be determined by the Director to be exempt from the payment of the stormwater management assessment. 2 ORD. NO. -04 Nonresidential property. Any developed property which does not have as its major use a place of residence and is not classified as residential by the Palm Beach County Property Appraiser. Residential property. Any developed property which has the majority use as a place of residence and is so classified by the Palm Beach County Property Appraiser. Stormwater management assessment. A nonad valorem assessment imposed by the city pursuant to this Chapter and F.S. Section 403.0893, as amended and supplemented, on all developed property which is not nonassessed property, and on all unimproved land which is not nonassessed property, in the benefited area in relation to each such property's estimated contribution of stormwater runoff to he system and the benefit derived from the use of the facilities of the system, and the future improvements to be funded from stormwater management assessments. Such stormwater management assessment shall include a pro-rata cost of the operation and maintenance of the system, based on the same proportion of benefit assessed against each pamel within the benefited area. Surface water management permit. A South Florida Water Management District permit for surface water management facilities. System. The City's unified stormwater management system, as more particularly described in subsection 56.03(B) of this Chapter, and including management services such as designing, permitting, planning, and reviewing the stormwater related infrastructure; operation, maintenance, repair and replacement of the infrastructure; and the improvement or enhancement of the infrastructure related to the approved public facilities elements of the comprehensive growth management plan for the City. Unimproved land. (1) Any undeveloped land regardless of its zoning classification by the Palm Beach County property appraiser; and (2) Any developed property (other than a single-family residence) which has less than seven (7) percent of impervious area. Year. The City's fiscal year commencing on October 1 and continuing to and including the next succeeding September 30, or such other annual period as may be prescribed by law. Uniform collection method. The method to be utilized by the City for the year commencing October 1, 1991, and each year thereafter for the billing, collection and enforcement of the payment of the stormwater management assessments, as authorized 3 ORD. NO. -04 pursuant to F.S. Section 403.0893, as amended and supplemented, and F.S. Chapter 197, as amended and supplemented. Section 2. That Title 5, "Public Works", Chapter 56, "Stormwater", Section 56.16, "Establishment of Rates for Stormwater Management Assessments", be amended to read as follows: SECTION 56.16 ESTABLISHMENT OF RATES FOR STORMWATER MANAGEMENT ASSESSMENTS. (A) The rate of stormwater management assessments for each parcel within the benefited area, other than with respect to non-assessed property, shall be established each year by resolution of the Commission. Except as provided below, such rate resolution shall not be adopted prior to the establishment of an operational budget for the system for such next succeeding year prepared by the Director; and prior to the conducting of one or more rate hearings as required under applicable law. Such budget shall include, but not be limited to the estimated cost of planning and constructing additions, extensions and improvements to the system for such next succeeding year (the "capital element"); the debt service requirements for any obligations issued by the City (other than voter-approved general obligation debt) to finance or refinance additions, extensions and improvements to the system (the "debt service element"); and the cost of operation and maintenance of the system for such next succeeding year (the "O and M element"). The O and M element shall contain all outlays of the system determined to be necessary and proper by the City Manager, which will not be provided for in the capital element and debt service element of the operational budget. The rate hearings and rate resolution shall clearly establish what portion of the stormwater management assessment reflects the capital element, the debt service element, if any, and the O and M element. (B) The owner of each pamel (other than the owner of nonassessed property) within the benefited area, for which a stormwater management assessment is levied, shall be responsible for the payment thereof. However, the owner of the Common elements of a platted subdivision shall not be responsible for such payment. Instead, the assessment for Common Elements shall be prorated and included in the assessment of all the parcels within the subdivision, and the owners of such parcels shall be responsible for the payment thereof. (C) The rate of stormwater management assessments for the various classes of property (other than nonassessed property) within the benefited area shall be as follows: (1) Developed Property: (a) The annual stormwater management assessment for a single- family residential unit shall be the rate for one ERU, multiplied by one ERU, multiplied by 4 ORD. NO. -04 (12) plus the annual prorated share of the stormwater manaqement assessment for any Common Elements, if such sin.qle-fam y residential unit is within a platted subdivision with Common Elements. The assessment for Common Elements shall be determined in accordance with Sec. 56.16(C)(1)(d) for developed Common Elements, or Sec. 56.16(C)(2) for undeveloped Common Elements. The prorated share to be assessed a.qainst each residential unit within the subdivision is the sum of the annual assessments for all Common Elements within the subdivision, divided by the total number of parcels within the subdivision which are intended to be conveyed or have been conveyed into individual ownership. (b) The annual stormwater management assessment for a residential condominium unit shall be the rate for one ERU, multiplied by a numerical factor to be determined by dividing the total impervious area of the property (in square feet) by the impervious square footage per one (1) ERU, further divided by the number of condominium units and multiplied by twelve (12). (c) The annual stormwater management assessment for a single- owned multi-family residential property shall be the rate for one ERU, multiplied by a numerical factor to be determined by dividing the total impervious area of the property (in square feet) by the impervious square footage per one ERU, multiplied by 12. (d) The annual stormwater management assessment for developed non-residential property shall be the rate for one ERU, multiplied by a numerical factor to be determined by dividing the total impervious area of the property (in square feet) by the impervious square footage per one ERU, multiplied by 12. (2) Unimproved land. The annual stormwater management assessment for a parcel of unimproved land shall be the rate for one ERU, multiplied by a numerical factor to be determined by multiplying the total acres of such unimproved land by 1.2 ERU's, multiplied by 12. (D) All properties are subject to the rate classification contained with Sec. 56.16(C). However, some properties may be entitled to cumulative discounts. The discount rates are as follows: (1) Lake Worth Drainage District. All properties located within the Lake Worth Drainage District (LWDD), as defined by the LWDD boundary map, shall receive a twenty-five percent (25%) discount. (2) Privately Maintained Strcct Drainage Systems. All properties for which the City does not provide for the maintenance of ..... t drainage systems shall receive a twenty-five percent (25%) discount. 5 ORD. NO. -04 For example, a residential property located within the Lake Worth Drainage District which is also served by a Private Stc-eet Drainage System, which is not City maintained, will be entitled to a twenty-five percent (25%) discount for being located within the Lake Worth Drainage District, plus an additional twenty-five percent (25%) discount (for a total of a fifty percent (50%) discount) because the property is served by a Private Strcct Drainage System, which is not maintained by the City. (E) The determination of impervious area and total area of a parcel shall be based on data from the Palm Beach County Property Appraiser's Office, Palm Beach County Board of County Commissioners Information Systems Services, geographical information system analysis provided by the City of Delray Beach, from aerial photographs, asbuilts, or from information provided by the owner of such parcel if the information, as set forth above, is found to be incorrect by clear and convincing evidence, as determined in the sole discretion of the Director. Information provided by an owner shall include, at his or her own cost, such information requested by the Director, including survey data certified by a professional land surveyor and/or engineering reports prepared by a professional engineer acceptable to the Director. Section 2. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 3. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 4. That this ordinance shall become effective immediately upon its passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the day of ,2004. ATTEST: MAYOR CITY CLERK First Reading Second Reading 6 ORD. NO. -04 .. -m ~earch l~sults Page 1 of ! Results BillNumber Subject HB 1721 Subdivision Stay Connected to MI'FL ID .C Date Last Action 07/11/03 Approved by GOvernor; Chapter No, 2003-284 Disclaimer: The InformaUon on this system Is unverified. The Journals or printed bills of the respe chambers should be Consul(~:l for officia purposes Coov,~.k~ u__~. ~..~,.,. bttP://www.myfloridahouse.com/BiliSearch, aspx?BN=1721 ENROLLED HB 1721, Engro~lsed 1 HOUSE OF RE P R E 8 E N T A T i V E $ A bill to be entitled An act relating to subdivision property; amending s. 197.502, F.S.; increasing a tax deed application fee; providing notification to legal titleholders of contiguous property which is included in a tax certificate for unpaid taxes; requiring a county to notify the legal titleholder of property contiguous to land available for taxes prior to sale under certain circumstances; amending s. 197.582, F.S.; excluding certain persons as beneficiaries of certain undistributed remainder funds; amending s. 197.522, F.S.; requiring notification to certain persons when an application for a tax deed is made~ providing for a statement to accompany such notice; prohibiting the assessment of ad valorem taxes and non-ad valorem assessments by certain entities against property constituting the cormaon elements of a subdivision; requiring that the property appraiser prorate the value of ad valorem taxes and non-ad valorem assessments against easements and other co~on elements of a subdivision and include such prorated value among the lots within the subdivision conveyed or intended to be conveyed into private ownership; defining the term "common element,,; providing an effective date. Be It Enacted by the Legislature of the State of Florida: Page i of 8 ODING. Words ....... n am delelJons, words underlined am addilions. ENROLLED HB 1721, I H 0 U S E 0 F R E P R E S E N T A T I V E 8 Section 1. Subsections (1) and (7) of section 197.502, Florida Statutes, are amended and paragraph (h) is added to subsection (4) of said section, to read= 197.502 Application for obtaining tax deed by holder of tax sale certificate; fees.-- (1) The holder of any tax certificate, other than the county, at any time after 2 years have elapsed since April i of the year of issuance of the tax certificate and before the expiration of 7 years from the date of issuance, may file the certificate and an application for a tax deed with the tax collector of the county where the lands described in the certificate are located. The application may be made on the entire parcel of property or any part thereof which is capable of being readily separated from the whole. The tax collector shall be allowed a tax deed application fee of ~75 ~1~. (4) The tax collector shall deliver to the clerk of the circuit court a statement that payment has been made for all outstanding certificates or, if the certificate is held by the county, that all ap[~ropriate fees have been deposited, and stating that the following persons are to be notified prior to the sale of the property= (h) Any legal titleholder of record of property that i conti.quous to the property described in the tax certificate, when the property described is either submerged ]e~a or co-~c.~ elements of a subdivision, if the address of the titleholder conti.quous proDerty appears on the record of conveyance of th. land to that legal titleholder. However, if the le~al titleholder of property conti.quous to the property described Page 2 of 8 CODING: Wo s · ......... are de~lkms, wo~s 9ndedined am addition. F L ~R I D A H 0 U 8 E O F R E P R E S E N T A T I V E 8 ENROLLED HB 1721, Er ro 1 2003 Legislature the tax certificate is the s~e as the person to whom ~h, property described in the tax certificate was assessed on ~h tax roll for the year in which the property was last assessed, the notice may be mailed only to the address of the leon] titleholder as it appears on the latest assessment ro11. (7) On county-held certificates for which there are no bidders at the public sale, the clerk shall enter the land on a list entitled "lands available for taxes, and shall immediately notify the county commission and all other persons holding certificates against the land that the land is available. During the first 90 days after the land is placed on the list of lands available for taxes, the county may purchase the land for the opening bid. Thereafter, any person, the county, or any other governmental unit may purchase the land from the clerk, without further notice or advertising, for the opening bid, except that when the county or other governmental unit is the purchaser for its own use, the bOard of county commissioners may cancel omitted years, taxes, as provided under s. 197.447. ~f the gounty does not elect to purchase the ]a~ the county musl notif each le al titleholder of ro err conti ous to the land available for taxes, as provided in paragraph (4) {h), befor. expiration of the 90-day period. Interest on the opening bid continues to accrue through the month of sale as prescribed by s. 197.542. Section 2. Subsection (2) of section 197.582, Florida Statutes, is amended to read= 197.582 Disbursement of proceeds of sale.-- Fags 3 of 8 COOlNG:Words.~d..'cku~aredelelio~;wordsundedinedareadd~o~. 4.¸ F L ~R I D A H O U S E O F R E P R E S E N T A T i V ENROLLED HB17~,E~rossed1 (2) If the property is purchased for an amount in excess of the statutory bid of the certificateholder, the excess shall be paid over and disbursed by the clerk. If the property purchased is homestead property and the statutory bid includes an amount equal to at least one-half of the assessed value of the homestead, that amount shall be treated as excess and distributed in the same manner. The clerk shall distribute the excess to the governmental units for the payment of any lien of record held by a governmental unit against the property. In the event the excess is not sufficient to pay all of such liens in full, the excess shall then be paid to each governmental unit pro rata. If, after all liens of record of the governmental units upon the property are paid in full, there remains a balance of undistributed funds, the balance of the purchase price shall be retained by the clerk for the benefit of the persons described in s. 197.522(1) (a), except those persian ~escribed in s. 197.502(4) (h), as their interests may appear. The clerk shall mail notices to such persons notifying them of the funds held for their benefit. Any service charges, at the same rate as preecribed in s. 28.24(13), and costs of mailing notices shall be paid out of the excess balance held by the clerk. Excess proceeds shall be held and disbursed in the same manner as unclaimed redemption moneys in s. 197.473. In the event excess proceeds are not sufficient to Cover the service charges and mailing costs, the clerk shall receive the total amount of excess proceeds as a service charge. Sect/on 3. Subsection (2) of sect/on 197.522, Florida Statutes, is amended to read= CODING'Words~'.~-~am~lelio-- ~ Page 4 of 8 ........... ,ro;w~asunderline!:l_amadd~m. E S F L ~R I D A H O U S E O F R E P R E 8 E N T A T i ENROLLED HB 1721, Engrossed 1 197.522 Notice to owner when applicatkon for tax deed is made.-- (2)(a) In addition to the notice provided in subsection (1), the sheriff of the county in which the legal titleholder resides shall, at least 20 days prior to the date of sale, notify the legal titleholder of record of the property on which the tax certificate is outstanding. The original notice and sufficient copies shall be prepared by the clerk and provided to the sheriff. Such notice shall be served as specified in chapter 48; if the sheriff is unable to make service, he or she shall post a copy of the notice in a conspicuous place at the legal titleholder,s last known address. The inability of the sheriff to serve notice on the legal titleholder shall not affect the validity of the tax deed issued pursuant to the notice. A legal titleholder of record who resides outside the state may be notified by the clerk as provided in subsection (1). The notice shall be in substantially the following form= V E S WARNING There are unpaid taxes on the property which you own. The property will be sold at public auction on ... (date) ... unless the back taxes are paid. To make arrangements for payment, or to receive further information, contact the Clerk of court at ... (address) .... · .- (telephone number) .... In addition, if the legal titleholder does not reside in the county in which the property to be sold is located, a copy of CODING:~ ~.~.'c~ . Page 5 of 8 ords ..... amdelelfo ,wordsundedinedamaddilio . ENROLLED HB 1721, Engrossed 1 H 0 U 8 E 0 F R E P R E 8 E N T A T I V E S such notice shall be posted in a conspicuous place on the property by the sheriff of the county in which the property is located. However, no posting of notice shall be required if the property to be sold is classified for assessment purposes, according to use classifications established by the department, as nonagricultural acreage or vacant land. .(b) In addition tO the notice provided in sttbsection (1), the clerk shall notify by certified mail with'return receip~ requested, or by re~istered mail if the notice is to be se~l outside the continental United States~ the persons listed in th~. tax collector's statement pursuant to s. 197.502(4) (h) that application for a tax deed has been made. Such notice shall b~. mailed at least 20 days prior to the date of sale. If no addres~ is listed in the tax collector,s statement~ then no notice shall be required. Enclosed with the copy of the notice shall be statement in substantially the fo110win~ form: WARNING There are unpaid taxes on property conti.quous to yo~.. property. The property with the unpaid taxes wtll be at auction on ... (date) ... unless the back taxes are paid. To make pa~ment~ or to receive further informatio. about the purchase of the proDertv~ contact the clerk o£ court immediately at ... (a~ress) ..., ... (telephon.. number) .... Page 6 of 8 COD ' ~*~^ ING. Wo~s ....... namdelelions;wordsundedlnedareaddlflo~. O~R I D A ENROLLED HB 1721, Engrossed I H O U $ E O F R E P R E 8 E N T A T I V E S 2003 Legislature Neither the failure of the tax collector to include the list of contiguous property owners pursuant to s. 197.502(4) (h) in or her statement to the clerk nor the failure of the clerk to mail this notice to any or all of the persons listed in the t~ collector's statement pursuant to s. 197.502(4) (h} shall be n basis to challenge the validity of the tax deed issued pursuant to any notice under s. 197.522 Section 4. Ad valorem taxes and non-ad valorem assessmentm against subdivision property.-- (1) Ad valorem taxes and non-ad valorem assessments shall be assessed against the lots within a platted residential subdivision and not upon the subdivision property as a whole. An ad valorem tax or non-ad valorem assessment~ incl-R~ng a tax or assessment imposed by a county, municipalit¥~ special district, or water management district, may not be assessed separately against common elements utilized exclusively for the benefit of lot owners within the subdivision~ regardless of ownership. Th~. value of each parcel of land that is or has been part of m platted subdivision and that is desi.qnated on the plat or thc approved site plan as a common el~m~n~t for the exclusive benefit of lot owners sb~ll~ regardless of ownership~ be prorated by th,~, property appraiser and included in the assessment of all th~ lots within the subdivision which constitute inventory for tb.q developer and are intended to be conveyed or have been conveye,~ into private ownership for the exclusive benefit of lot owner-i within the subdivision. (2) As used in this section~ the term "common element" includes: Page 7 of 8 OODING:Wo~s~:~aredelello~;wordsundedlnedareadd~o~. ~R I D A ENROLLED HB 1721, Engrossed 1 H O U S E O F R E p R E 8 E N T A T I V E S 2003 Legislature (a) subdivision property not included within lots constituting inventory for the developer which are intended to be conveyed or have be~n conveyed into private ownership. (b) An easement through the subdivision property, not includinq the property described in paragraph (a), which has been dedicated to the public or retained for the benefit of the subdivision. (c) Any other ~avt of the subdivision which has been desi.gnated on the plat or is required to be desi.gnated on the site plan as a drainage pond~ or detention or retentionpond~ for the exclusive ben-fit of the subdivision. Section 5. This act shall take effect January 1, 200&. Page 8 of 8 COOlNG:Wo~sst~,ke~amde~flons;wordsunderlinedamaddi~o~. TO: THRU: FROM: SUBJECT: ~ITY MANAGER OF PLANNING AND ZONING PRIVATELY SPONSORED REQUEST FOR A SMALL SCALE FUTURE LAND USE MAP (FLUM) AMENDMENT FROM COMMUNITY FACILITIES- RECREATION (CF-R) TO COMMERCIAL CORE (CC) AND REZONING FROM COMMUNITY FACILITIES (CF) TO CENTRAL BUSINESS DISTRICT (CBD) FOR THE PROPERTY BORDERED BY SE 1sT STREET ON THE NORTH, SE 2ND STREET ON THE SOUTH, SE 3RD AVENUE ON THE EAST, AND THE FLORIDA EAST COAST (F.E.C.) RAILWAY ON THE WEST. The subject property incorporates that portion of Block 86 lying east of the F.E.C. Railway right- of-way containing approximately 2.42 acres. The property is presently zoned CF with an underlying compatible FLUM designation of CF-R. An application has been submitted for a FLUM amendment from CF-R to CC and rezoning from CF to CBD. These applications have been submitted in order to accommodate the construction of a mixed-use development consisting of approximately 25,000 square feet of ground floor retail floor area and up to 140 condominium residences on the subject property and an adjacent property to the north (across SE 1st Street), which is not a part of this request. This use would be permissible under the proposed CBD zoning, but not under the current zoning. Additional background and an analysis of the FLUM amendment and rezoning are provided in the attached Planning and Zoning Board staff report. At its meeting of June 21, 2004, the Planning and Zoning Board held a public hearing in conjunction with the FLUM amendment and rezoning request. One (1) member from the public spoke on the item and indicated a concern as to the amount of residential development in the downtown. After reviewing the staff report and discussing the proposal, the Board voted 6-0 (Krall absent) to recommend that the requests be approved, by adopting the findings of fact and law contained in the staff report, and finding that the request is consistent with the Comprehensive Plan and meets the criteria set forth in Sections 2.4.5(D) (5), 3.1.1 and 3.2.2 of the Land Development Regulations. Move approval of the privately sponsored request for a small scale FLUM Amendment from CF- R to CC and rezoning from CF to CBD for the subject property, by adopting the findings of fact and law contained in the staff report, and finding that the request and approval thereof is consistent with the Comprehensive Plan and meets the criteria set forth in Sections 2.4.5(D) (5), 3.1.1 and 3.2.2 of the Land Development Regulations. Attachments: Planning and Zoning Board Staff Repo,'l of June 21, 2004, and Ordinance by Others ORDINANCE NO. 32-04 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE FUTURE LAND USE MAP DESIGNATION AS CONTAINED IN THE COMPREHENSiVE PLAN FROM CF-R (COMMUNITY FACILITIES-RECREATION) TO CC (COMMERCIAL CORE); ELECTING TO PROCEED UNDER THE SINGLE HEARING ADOPTION PROCESS FOR SMALL SCALE LAND USE PLAN AMENDMENTS; AND REZON1NG AND PLACING LAND PRESENTLY ZONED CF (COMMUNITY FACILITIES) TO CBD (CENTRAL BUSINESS DISTRICT); SAID LAND BEING A PARCEL OF LAND LOCATED ON THE WEST SIDE OF SE 3RD AVENUE, BETWEEN SE 1sT STREET AND SE 2ND STREET, AS MORE PARTICULARLY DESCRIBED HEREIN; AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, APRIL 2003"; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTiVE DATE. WHEREAS, Nauplius Limited, is the fee simple owner of a 2.423 acre parcel of land located on the west side of SE 3rd Avenue, between SE 1 st Street and SE 2na Street; and WHEREAS, the subject property hereinafter described has an existing Future Land Use Map (FLUM) designation of CF-R (Community Facilities-Recreation); and WHEREAS, the owner of the property requested to change the Future Land Use Map designation from CF-R (Community Facilities-Recreation) to CC (Commercial Core); and WHEREAS, the property hereinafter described is shown on the Zoning District Map of the City of Delray Beach, Florida, dated April, 2003, as being zoned CF (Conununity Facilities); and WHEREAS, at its meeting of June 21, 2004 the Planning and Zoning Board for the City of Delray Beach, as Local Planning Agency, considered this item at a public hearing and voted 6 to 0 to recommend that the property hereinafter described be rezoned, based upon positive findings; and WHEREAS, it is appropriate that the Zoning District Map of the City of Delray Beach, Florida, be amended to reflect the revised zoning classification. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the Future Land Use Map designation of the subject property is hereby officially affixed as CC (Commercial Core). Section 2. That the City of Delray Beach elects to make this small scale amendment by having only an adoption hearing, pursuant to Florida Statutes Section 163.3187(1)(c)3. Section 3. That the Zoning District Map of the City of Delray Beach, Florida, be, and the same is hereby amended to reflect a zoning classification of CBD (Central Business District) for the following described property: All that portion of Block 86, in the Town of Linton, Lying East of the Florida East Coast Railway right-of-way, according to the Plat of the said Town (now Delray Beach) as recorded in Plat Book 1, Page 3 (Sheet 2) of the Public Records of Palm Beach County, Florida, less the North 25.00 feet thereof. Section 4. That the Planning and Zoning Director of the said City shall, upon the effective date of this ordinance, amend the Zoning Map of the City of Delray Beach, Florida, to conform with the provisions of Section 3 hereof. Section 5. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 6. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 7. That this ordinance shall become effective as follows: thirty-one (31) days after adoption, unless the amendment is challenged pursuant to Section 163.3187(3), F.S. If challenged, the effective date of this amendment shall be the date a final order is issued by the Department of Community Affairs, or the Administration Commission, finding the amendment in compliance with Section 163.3184, F.S. No development orders, development permits, or land uses dependent on this amendment may be issued or commence before it has become effective. If a final order of noncompliance is issued by the Administration Commission, this amendment may nevertheless be made effective by adoption of a resolution affirming its effective status, a copy of which resolution shall be sent to the Department of Community Affairs, Bureau of Local Planning, 2740 Centerview Drive, Tallahassee, Florida 32399-2100. PASSED AND ADOPTED in regular session on second and final reading on this the __ day of _, 200__. 2 ORD NO. 32-04 ATTEST MAYOR City Clerk First Reading Second Reading 3 ORD NO. 32-04 PLANNING AND ZONING BOARD CITY OF DELRAY BEACH ---STAFF REPORT--- MEETING DATE: AGENDA ITEM: ITEM: June 21, 2004 IV. A. Future Land Use Map Amendment from Community Facilities-Recreation (CF- R) to Commercial Core (CC) and Rezoning from Community Facilities (CF) to Central Business District (CBD) (Quasi-Judicial Hearing). GENERAL DATA: Owner ................................. Nauplius Limited Company Agent ............................... Urban Design Studio Applicant ........................... Ironwood Properties Location ................................ West Side of SE 3rd Avenue, Between SE 1st Street and SE 2nd Street Property Size ......................... 2.423 Acres Current FLUM Designation .... Community Facilities-Recreation (CF-R) Proposed FLUM Designation ....................... Commercial Core (CC) Current Zoning ................... Community Facilities (CF) Proposed Zoning ................Central Business District (CBD) Adjacent Zoning ..... North: South: East: West: CBD Central Business District-Railroad Corridor (CBD-RC) CBD CBD-RC Existing Land Use ................. Temporary Parking Lot Proposed Land Use ..............FLUM Amendment from CF-R to CC and Rezoning from CF to CBD Water Service ....................... N/A Sewer Service ....................... N/A ATLANTIC AVENUE IV. A. The action before the Board is that of making a recommendation to the City Commission on a privately sponsored small scale Future Land Use Map (FLUM) Amendment from Community Facilities-Recreation (CF-R) to Commercial Core (CC) and rezoning from Community Facilities st (CF) to Central Business District (CBD) for the property bordered by SE 1 Street on the north, SE 2nd Street on the south, SE 3rd Avenue on the east, and the Florida East Coast (F.E.C.) Railway on the west. Pursuant to Land Development Regulations (LDR) Section 2.2.2(E) (6), the Local Planning Agency (Planning & Zoning Board) shall review and make a recommendation to the City Commission with respect to a FLUM amendment and rezoning of any property within the City. The proposal incorporates all that portion of Block 86 lying east of the F.E.C. Railway right-of- way containing approximately 2.42 acres. The property was previously leased by the City from the F.E.C. Railway for a 40 space public parking lot (north end) along with the east five feet (5') for a public sidewalk. In October 1997, the lease between the City and the F.E.C. Railway was terminated as the property was to be sold. Subsequent to the sale of the property, at its meeting of October 20, 1998, the City Commission approved a temporary parking lot permit request for the Milagro Center at the property. The proposal included the installation of a 191-space temporary parking lot (162 gravel spaces, 29 asphalt spaces) with associated site lighting and perimeter landscaping. The temporary parking lot was to be used by the Milagro Center (101 SE 2® Avenue) and by the general public at the owner's discretion. Pursuant to LDR Section 2.4.6(H), permits for temporary parking lots are valid for only one (1) year. Renewal permits were issued on two (2) occasions, ultimately expiring on October 20, 2001. These most recent improvements to the site still remain. An application has been submitted for a FLUM amendment from Community Facilities- Recreation (CF-R) to Commercial Core (CC) and rezoning from Community Facilities (CF) to Central Business District (CBD). These applications have been submitted in order to accommodate the construction of a mixed-use development consisting of approximately 25,000 square feet of ground floor retail floor area and up to 140 condominium residences on the subject property and an adjacent property to the north (across SE 1st Street), which is not a part of this FLUM amendment and rezoning request. This use would be permissible under the proposed CBD zoning, but not under the current CF zoning. In accordance with Chapter 163, Florida Statutes, this FLUM amendment is considered a Small-Scale amendment and is not limited to the twice-a-year Comprehensive Plan Amendment review process. Florida Statute 163.3187 - Small-Scale Land Use Map Amendments: This FLUM Amendment is being processed as a Small-Scale Development pursuant to Florida Statute 163.3187. This statute states that any local government comprehensive land use amendments directly related to proposed small-scale development activities may be approved without regard to statutory limits on the frequency of consideration of amendments (twice a year), subject to the following conditions: Planning and Zoning Board Staff Report Small-Scale FLUM Amendment from CF-R to CC and Rezoning from CF to CBD for The Strand Page 2 r~ The amendment does not exceed 10 acres of land; The cumulative effect of the amendments processed under this section shall not exceed 120 acres within designated redevelopment and traffic concurrency exception areas or 60 acres annually in areas lying outside the designated areas; The proposed amendment does not involve the same property or the same owner's property within 200 feet of property, granted a change within a period of 12 months; That if the proposed amendment involves a residential land use, the residential land use has a density of 10 units or less per acre except for properties that are designated in the Comprehensive Plan for urban infill, urban redevelopment or downtown revitalization; The proposed amendment does not involve a text change to the goals, policies and objectives of the local government's comprehensive plan, but only proposes a land use change to the future land use map for a site-specific small scale development activity; and The property that is the subject of a proposed amendment is not located within an area of critical state concern. The 2.42 acre property, which is located within the traffic concurrency exception area (TCEA), does not exceed ten (10) acres nor will it result in the processing of FLUM amendments in excess of 120 cumulative acres this year. This application is the first small-scale FLUM amendment to be considered this year. The subject property does not involve a residential land use or a text change, and is not located in an area of critical state concern. The proposed FLUM amendment involves a property that has not previously been considered, nor located within 200' of property owned by the applicant that was approved for a land use change within the past year. Based upon the above, the subject proposal is consistent with the criteria for a small-scale development. REQUIRED FINDINGS: LDR (Chapter 3) PERFORMANCE STANDARDS: Pursuant to LDR Section 3.1.1, prior to approval of development applications, certain findings must be made in a form which is part of the official record. This may be achieved through information on the application, written materials submitted by the applicant, the staff report, or minutes. Findings shall be made by the body which has the authority to approve or deny the development application. These findings relate to the Future Land Use Map, Concurrency, Comprehensive Plan Consistency and Compliance with the Land Development Regulations. Future Land Use Map - The resulting use of land or structures must be allowed in the zoning district within which the land is situated and said zoning must be consistent with the applicable land use designation as shown on the Future Land Use Map. The proposed zoning district (CBD) and FLUM designation (CC) are consistent with one another, and mixed-use developments are allowed as a permitted use within the CBD zoning district. Based on the above, positive findings can be made with respect to FLUM consistency. Planning and Zoning Board Staff Report Small-Scale FLUM Amendment from CF-R to CC and Rezoning from CF to CBD for The Strand Page 3 Future Land Use Map Element Policy A-l.7: Amendments to the Future Land Use Map must be based upon the findings listed below, and must be supported by data and analysis that demonstrate compliance with these findings: Demonstrated Need - That there is a need for the requested land use. The need must be based upon cimumstances such as shifts in demographic trends, changes in the availability of land, changes in the existing character and FLUM designations of the surrounding area, fulfillment of a comprehensive plan objective or policy, annexation into the municipal boundaries, or similar circumstances. The need must be supported by data and analysis verifying the changing demographics or other circumstances. This requirement shall not apply to requests for the FLUM designations of Conservation or Recreation and Open Space; nor shall it apply to FLUM changes associated with annexations when the City's advisory FLUM designation is being applied, or when the requested designation is of a similar intensity to the advisory designation. However, the findings described in the remainder of this policy must be addressed with all FLUM amendments. The proposed FLUM amendment and associated rezoning will fulfill Future Land Use Element Policy C-4.2 and Housing Element Policy B-2.6 as discussed below. As these Comprehensive Plan Policies are furthered by the proposed FLUM amendment and rezoning a positive finding can be made with regard to demonstrated need. Consistency - The requested designation is consistent with the goals, objectives and policies of the most recently adopted Comprehensive Plan. Future Land Use Element Objective A-I: Property shall be developed or redeveloped in a manner so that the future use and intensity is appropriate in terms of soil, topographic and other applicable physical considerations; is complimentary to adjacent land uses; and fulfills remaining land use needs. There are no significant environmental characteristics to the subject property. The future redevelopment of the property based upon the proposed FLUM designation and zoning will be complimentary to the adjacent land uses, which consist of office, retail, light industrial, parking lots and vacant land. The FLUM amendment and associated rezoning will enable the fulfillment of remaining land use needs by allowing the provision of additional housing within the downtown area. Accordingly, a positive finding can be made with respect to this Comprehensive Plan Objective. Future Land Use Element Policy C-4.2: The "Downtown Delray Beach Master Plan" was adopted by the City Commission on March 19, 2002. Covering the downtown business districts surrounding the Atlantic Avenue corridor between 1-95 and A-l-A, it represents the citizens' vision for the growth and unification of Delray Beach, while still retaining the "village like, community by-the-sea" character of the CBD. The Plan addresses a wide range of issues including infill development, neighborhood parks, shared parking, public art, the roadway and alleyway systems, marketing/economic development, and the need to modify the Land Development Regulations to include design guidelines to retain the character of Delray Beach. Future development and redevelopment in this area shall be consistent with the Master Plan. The subject property is located within the borders of the downtown as defined by the Downtown Delray Beach Master Plan and is more specifically located within the Central Core District identified in the Master Plan. The overall Master Plan and specific project plans and sketches included within, are conceptual in nature and provided to graphically Planning and Zoning Board Staff Report Small-Scale FLUM Amendment from CF-R to CC and Rezoning from CF to CBD for The Strand Page 4 illustrate one possible solution to an identified opportunity. They are not meant to represent the only solution, but instead to provide a starting point for additional discussion and detailed design. The Master Plan identifies the subject property as a potential location for a parking structure to be associated with a new multi-modal transit station that would be located on the parcel immediately to the north (southwest corner of East Atlantic Avenue and SE 3rd Street). The property is under private ownership and may be developed in a manner consistent with the proposed CC FLUM designation and CBD district regulations. Further, the proposed FLUM amendment and rezoning for the subject property would not eliminate the possibility of establishing a multi-modal transit station on the properly to the north. The proposed FLUM amendment and rezoning would also provide the opportunity for additional commercial and office space as well as residences that would further the goal of the Master Plan to establish a self-sufficient downtown. Based upon the above, a positive finding can be made with respect to the above policy in that the proposal will further the goals of the Downtown Delray Beach Master Plan. Housing Element Policy A-12.3: In evaluating proposals for new development or redevelopment, the City shall consider the effect that the proposal will have on the stability of nearby neighborhoods. Factors such as noise, odors, dust, traffic volumes and circulation patterns shall be reviewed in terms of their potential to negatively impact the safety, habitability and stability of residential areas. If it is determined that a proposed development will result in a degradation of any neighborhood, the project shall be modified accordingly or denied. As discussed previously with the Concurrency analysis, the envisioned development will increase traffic in the surrounding area, generating a number of new trips upon the surrounding roadway network. However, the property is located within an area of the City that consists of the traditional roadway grid network. This network is conducive to traffic distribution, wherein, several diverse options are available in the navigation of the downtown area. Given the diffusion of vehicle trips, it is unlikely that adjacent neighborhoods will be negatively impacted by the additional traffic. In terms of safety, the introduction of additional residential components to the downtown will likely improve the safety of the area as well as its long term stability. It will introduce further night time activity, and more "eyes" to observe what is happening in the area, which should be a deterrent to criminal activity. Based upon the above, a positive finding can be made with respect to the above Comprehensive Plan Policy that the proposal will not have a negative impact on the surrounding area with regard to noise, odors, dust, and/or circulation patterns. Housin.q Element Policy B-2.6: Housing in and near the downtown area, in close proximity to employment opportunities and services, is a critical need. The current CF-R FLUM and CF zoning designations do not accommodate residential development; however the proposed CC FLUM and CBD zoning designations do permit residential and mixed-use developments. The applicant has indicated that the proposed mixed-use project will include up to 140 condominium units. The provision of these residential dwelling units will address the identified critical need for housing within the CBD. Concurrency - Development at the highest intensity possible under the requested designation can meet the adopted concurrency standards. Planning and Zoning Board Staff Report Small-Scale FLUM Amendment from CF-R to CC and Rezoning from CF to CBD for The Strand Page 5 Water and Sewer: Water service is available via service lateral connections to an existing 6" water main within the southern half of the adjacent SE 3rd Avenue right-of-way and/or an existing 8" water main within the SE 2nd Street right-of-way. Three (3) fire hydrants presently exist on the east side of SE 3rd Avenue: at the SE 1st Street intersection, at the SE 2nd Street intersection, and midway between these intersections. Sewer service is available via service lateral connections to an existing 8" sanitary sewer main within the SE 3rd Avenue right-of-way and/or an existing 12" sanitary sewer main within the SE 2nd Street rig ht-of-way. Pursuant to the Comprehensive Plan, treatment capacity is available at the City's Water Treatment Plant and the South Central County Waste Water Treatment Plant for the City at build-out. Based upon the above, positive findings can be made with respect to this level of service standard. Drainaqe: With FLUM and rezoning requests drainage plans are not required. At present, virtually the entire property is paved with some pervious areas at the perimeter. With redevelopment of the site, drainage plans will be submitted; however there are no problems anticipated in retaining drainage on site and obtaining any/all necessary permits. Traffic: The subject property is located within the City's TCEA, which encompasses the CBD, Old School Square Historic Arts District (OSSHAD), and the West Atlantic Avenue Business Corridor. The TCEA exempts the above described areas from complying with the Palm Beach County Traffic Performance Standards Ordinance. In addition, the subject property is located within the Coastal Residential Exception Area which exempts residential projects east of 1-95 from complying with the Traffic Performance Standards Ordinance. Therefore, a traffic study is not required for concurrency purposes; however a traffic statement is necessary for impact fee purposes. The applicant has submitted a traffic statement indicating that the intended development will generate 94 A.M. peak hour trips and 331 P.M. peak hour trips. It is noted that the CF zoning currently allows similar and even more intense uses than are accommodated within the proposed CBD zoning district. The uses allowed under the CF-R FLUM designation and the CF zoning district can accommodate large venues that are more regionally-oriented from a traffic perspective, while the uses allowed in the CBD are typically more locally oriented. Parks and Recreation: Non-residential uses are not considered to have an impact on the City's Parks and Recreation facilities. However, any proposed residential dwelling units would be assessed a Parks and Recreation impact fee of $500 per unit at the time of building permit. Solid Waste: Based upon the Solid Waste Authority's typical waste generation rates, the indicated mixed-use development would generate 200.3 tons of waste annually. The Solid Waste Authority has indicated that its facilities have sufficient capacity to handle all development proposals until the year 2021. Schools: The Palm Beach County School District must approve the development proposal for compliance with the adopted Level of Service for School Concurrency. Verification from the Palm Beach County School District is pending. [] Compatibility - The requested designation will be compatible with exiting and future land uses of the surrounding area. Planning and Zoning Board Staff Report Small-Scale FLUM Amendment from CF-R to CC and Rezoning from CF to CBD for The Strand Page 6 The proposal will change the FLUM designation of the property from CF-R to CC, which is consistent with the surrounding land uses to the north, east and west. To the south of the subject property is Redevelopment Area-5, also known as the Osceola Park Neighborhood Redevelopment Area. These adjacent properties to the south are zoned CBD-RC and will likely be assigned a FLUM designation of CC following the adoption of the Redevelopment Plan for the Osceola Park neighborhood. All of the adjacent properties are used for commercial purposes; therefore the requested FLUM designation will not result in an incompatibility with the surrounding area and a positive finding with regard to Compatibility can be made. Compliance - Development under the requested designation will comply with the provisions and requirements of the Land Development Regulations. Future redevelopment of the 2.42 acre parcel of land can occur in accordance with the City's Land Development Regulations. During the site plan review process the development proposal will be reviewed for compliance with the LDR. The applicant has indicated intent to develop the properties as a mixed-use development consisting approximately of 25,000 square feet of retail floor area and 140 residential dwelling units. The proposal is permissible under the proposed CBD zoning designation and compatible with the proposed CC FLUM designation; however should the ultimately proposed density exceed 30 dwelling units per acre, conditional use approval would be necessary. At this time no issues have been identified which would prohibit compliance with the requirements of the CBD zoning district. Given the above, a positive finding with respect to compliance with the Land Development Regulations can be assumed. STANDARDS FOR REZONING ACTIONS: Compliance with the performance standards set forth in LDR Section 3.2.2, along with the required findings noted in LDR Section 2.4.5(D) (5) shall be the basis upon which a finding of overall consistency is to be made. Other objectives and policies found in the adopted Comprehensive Plan may be used in making a finding of overall consistency. LDR Section 3.2.2: Standards A, B, C and E are not applicable. The applicable performance standard of LDR Section 3.2.2 is as follows: (D)That the rezoning shall result in allowing land uses which are deemed compatible with adjacent and nearby land use both existing and proposed; or that if an incompatibility may occur, that sufficient regulations exist to properly mitigate adverse impacts from the new use. The following zoning designations and uses border the property: Zoninq Desiqnation: North: South: East: West: Central Business District (CBD) Central Business District - Railroad Corridor (CBD-RC) Central Business District (CBD) Central Business District - Railroad Corridor (CBD-RC) Parking Lot and Vacant Land Retail Office Light Industrial and Vocational School (Milagro Center) Planning and Zoning Board Staff Report Small-Scale FLUM Amendment from CF-R to CC and Rezoning from CF to CBD for The Strand Page 7 As noted in the above table, the surrounding properties are zoned either CBD or CBD-RC, and pursuant to LDR Section 4.4.28, many of the permitted and conditional uses within the CBD are allowable within the CBD-RC. Therefore, the proposed rezoning of the subject property from Community Facilities (CF) to Central Business District (CBD) poses no incompatibilities with the surrounding properties. LDR Section 2.4.5(D) (5): In addition to provisions of Chapter Three, the City Commission must make a finding that the rezoning fulfills one of the reasons for which the rezoning change is being sought. These reasons include the following: A. That the zoning had previously been changed, or was originally established, in error; B. That there has been a change in circumstances which make the current zoning inappropriate; or C. That the requested zoning is of similar intensity as allowed under the Future Land Use Map and that it is more appropriate for the property based upon circumstances particular to the site and/or neighborhood. The applicant submitted a justification statement stating the following: "The valid reason for the requested rezoning of 2.42 acres at the southwest corner of SE Is; Street and SE 3~d Avenue is "C"... With this request, the applicant is requesting a rezoning to CBD. The requested zoning designation is consistent with the requested FLUM designation. The subject site is surrounded by CBD zoning on its eastern and northern boundaries. The site is bounded to the west and south by the CBD-RC. The requested rezoning to CBD will make this site consistent with the surrounding zoning designations. The requested rezoning will also allow for the revitalization of this important area located just one block south of East Atlantic Avenue and two blocks west of southbound U.S. 1 (Federal Highway/SE ~h Avenue). The applicant is proposing a mixed-use project consisting of condominiums and ground floor retail, which will help revitalize this underutilized area and bring housing into the downtown area, which is identified as a critical need within the Housing Element of the City's Comprehensive Plan (Housing Element Policy B-2.6). It also should be noted that the subject site is located directly north of the Osceola Park area, which has been identified within the City's Housing Element as a neighborhood in need of stabilization and enhancement. Located between East Atlantic Avenue and this neighborhood, the subject site will help bring the revitalization and vibrancy of the East Atlantic Avenue corridor to the surrounding neighborhoods". The reason for which the rezoning is being sought is consistent with criterion "C". The proposed FLUM (CC) and zoning (CBD) designations are of identical intensity as the surrounding properties. Further, the zoning is appropriate for the subject property as it will further the goals and objectives of the Downtown Delray Beach Master Plan and Comprehensive Plan by enabling the provision of additional housing in the downtown area. COMPLIANCE WITH LAND DEVELOPMENT REGULATIONS: Future redevelopment of the 2.42 acre parcel of land can occur in accordance with the City's Land Development Regulations. During the site plan review process the development proposal will be reviewed for compliance with the LDR. The applicant has indicated intent to develop the subject property as well as an adjacent property to the north (across SE 1st Street) as a mixed- Planning and Zoning Board Staff Report Small-Scale FLUM Amendment from CF-R to CC and Rezoning from CF to CBD for The Strand Page 8 use development consisting approximately of 25,000 square feet of retail floor area and 140 residential dwelling units. The proposal is permissible under the proposed CBD zoning designation; however conditional use approval would be necessary if the requested density exceeds 30 dwelling units per acre. At this time no issues have been identified which would prohibit compliance with the requirements of the CBD zoning district. Given the above, a positive finding with respect to compliance with the Land Development Regulations can be assumed. Community Redevelopment Agency (CRA): At its meeting of May 27, 2004, the CRA reviewed the proposed FLUM amendment and rezoning and had no objections. Downtown Development Authority (DDA ) : At its meeting of May 19, 2004, the DDA reviewed the proposed FLUM amendment and rezoning and had no objections. Public Notice: Formal public notice has been provided to property owners within a 500' radius of the subject property. Letters of objection and/or support, if any, will be presented at the Planning and Zoning Board meeting. The proposed FLUM amendment from CF-R to CC and rezoning from CF to CBD are consistent with the goals, objectives and/or policies of the Downtown Delray Beach Master Plan, Comprehensive Plan, and LDR Sections 2.4.5(D) (5), 3.1.1 and 3.2.2(D). Positive findings can be made with respect to Concurrency and Compatibility with the surrounding land uses. The proposal will also enable a mixed-use development, consisting approximately of 25,000 square feet of retail floor area and 140 residential dwelling units (subject to the approval of a conditional use request). This development proposal would also result in the fulfillment of Housing Element Policy B-2.6 of the Comprehensive Plan which indicates the provision of housing in and near the downtown area as a critical need. Based upon the above, the proposed FLUM amendment and rezoning should be recommended for approval. Continue with direction. Move a recommendation of approval to the City Commission for the privately sponsored request for a small scale FLUM Amendment from CF-R to CC and rezoning from CF to CBD for the subject property, by adopting the findings of fact and law contained in the staff report, and finding that the request and approval thereof is consistent with the Comprehensive Plan and meets the criteria set forth in Sections 2.4.5(D) (5), 3.1.1 and 3.2.2 of the Land Development Regulations. C. Move a recommendation of denial to the City Commission for the privately sponsored request for a small scale FLUM Amendment from CF-R to CC and rezoning from CF to Planning and Zoning Board Staff Report Small-Scale FLUM Amendment from CF-R to CC and Rezoning from CF to CBD for The Strand Page 9 CBD for the subject properly, by adopting the findings of fact and law contained in the staff report, and finding that the request is inconsistent with the Comprehensive Plan and does not meet the criteria set forth in Sections 2.4.5(D) (5), 3.1.1 and 3.2.2 of the Land Development Regulations. Move a recommendation of approval to the City Commission for the privately sponsored request for a small scale FLUM Amendment from CFoR to CC and rezoning from CF to CBD for the subject property, by adopting the findings of fact and law contained in the staff report, and finding that the request and approval thereof is consistent with the Comprehensive Plan and meets the criteria set forth in Sections 2.4.5(D) (5), 3.1.1 and 3.2.2 of the Land Development Regulations. Attachments: Location Map, Proposed Future Land Use Map, and Proposed Zoning Map Staff Report Prepared by: Robert G. Tefft, Senior Planner CITY HALL SW ST 2ND ST. CITY OF DELRAY BEACH. FL PLANNING & ZONING OEPARTMENT THE STRAND PROPOSED FUTURE LAND USE MAP AMENDMENT FROM: CF-R {COMMUlNITY FACILITIES AND RECREATION) TO: CC (COMMERCIAL CORE) COMMUNITY A TLA lC AVENUE 1ST FIDELITY FEDERAL BANK ST. N THE STRAND PROPSED REZONING FROM: CF (COM M LIINITY FACILITIES) TO: CBD (CENTRAL BUSINESS DISTRICT) TO: THRU: FROM: SUBJECT: DAVl0 ~AR, JDE~II, ClJ-'Y MANAGER MEETING OF JULY 6, 2004 AMENDMENT TO THE LAND DEVELOPMENT REGULATIONS SECTION 4.3.3(P) "SATELLITE DISH-SATELLITE TELEVISION ANTENNA" TO PROVIDE UPDATED REGULATIONS FOR SATELLITE DISHES AND ANTENNAS. LDR Section 4.3.3(P) (Satellite Dish - Satellite Television Antenna) contains regulations concerning satellite dishes and television antennas. The current provisions were adopted in 1985. The proposed amendment is being processed in order to obtain consistency with federal regulations regarding satellite dishes and antennas. The proposed amendment will provide less restrictive regulations for satellite dishes and antennas in order to avoid delays and expense associated with their installation. The current regulations require a permit for a satellite dish or antenna regardless of its size. The amendment will only require a permit for those that are greater than one meter (39.37") in diameter or any size satellite dish that is mounted on a mast higher than 12 feet above the roof line. Pursuant to LDR Section 2.4.5(M)(5), approval of an LDR amendment must be based upon a finding that the amendment is consistent with and furthers the Goals, Objectives, and Policies of the Comprehensive Plan. As noted previously, this amendment is being initiated to obtain consistency with federal regulations and to provide less restrictive regulations for the installation of satellite dishes and antennas. While the amendment does not fulfill a specific Goal, Objectives, and Policies of the Comprehensive Plan, it is not inconsistent with them. At its meeting of June 21, 2004, the Planning and Zoning Board held a public hearing regarding the amendment. There was no public testimony regarding the proposed changes. After discussing the amendment, the Board voted 6-0 (Krall absent) to recommend to the City Commission approval of the proposed amendment, based upon positive findings with LDR Section 2.4.5(M). By motion, approve on first reading the ordinance amending Land Development Regulations Section 4.3.3(P) "Satellite Dish-Satellite Television Antenna", by adopting the findings of fact and law contained in the staff report, and finding that the request is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.5(M) of the Land Development Regulations and set a public hearing date of July 20, 2004. Attachment: Proposed Ordinance \\misrv001\departments\planning & zoning\boards\citycommission\ldrsatellitedishes.doc ORDINANCE NO. 34-04 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER FOUR, "ZONING REGULATIONS", OF THE LAND DEVELOPMENT REGULATIONS, SECTION 4.3.3(P), "SATELLITE DISH -- SATELLITE TELEVISION ANTENNA"; TO PROVIDE AN UPDATED ORDINANCE ON SATELLITE DISHES; PROVIDING A SAVINGS CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Delray Beach, Florida, desires to provide its citizens with updated ordinances that are consistent with federal regulations regarding satellite dishes and antennas; and WHEREAS, the City desires to provide the least restrictive regulations possible on satellite dishes and antennas in order to help its citizens avoid unreasonable delay and expense associated with installation. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA: Section 1. That Chapter Four, "Zoning Regulations", Section 4.3.3(P), "Satellite Dish -- Satellite Television Antenna", of the Land Development Regulations of the City of Delray Beach, Florida, be amended to read as follows: (P) Satellite Dish - Satellite Television Antenna: (1) A satellite dish or satellite television antenna that is greater than one meter (39.37") in diameter or any size satellite dish that is mounted on a mast higher than 12 feet above the roof line shall be considered a structure and shall require a building permit. Antennas or dishes shall be of non-combustible and corrosive resistant material, shall be erected in a secure wind resistant manner, and shall be adequately grounded for protection against direct strike of lightening. Portable satellite dishes are not permitted. Only satellite dishes which are actually required for obtaining a signal may be erected and maintained on any property. Satellite dishes may not be used for display or advertising purposes on the exterior of any structure. Where a commercial enterprise is engaged in the sale of satellite dishes, the erection of more than two dishes (each of which shall be of different sizes) which perform essentially the same function, on the exterior of the structure shall be presumed to be for display or advertising purposes. Satellite dishes may not have any writing on them which is visible from the right-of-way. These structures shall be subject to the provisions of Chapter Seven, Building Regulations, which do not conflict with this section as well as the following conditions: (a) Application Process: The application for a permit shall be reviewed by the Building Department for a determination that the structure is designed and will be erected in a manner which meets the technical requirements of the code including those set forth in this section. The City Horticulturist shall review the plans for screening the structure. All satellite dishes and/or satellite television antennas that are smaller than one meter (39.37") in diameter and that receive video programming signals such as Direct Broadcast Satellites ("DBS'), Multichannel Multipoint Distribution (wireless cable) providers ("MMDS"), and Television Broadcast Stations ("TVBS") shall not require a permit and shall be exempted from these requlations but shall be subject to removal if they are located as to create a hazard or safety issue. (b) Screening: The satellite dish shall be effectively screened from off- premises view and from visibility from public right-of-ways to the greatest extent practicable, except that such screening shall not be required in locations surrounding the satellite dish where and only to the extent it is proved that such screening interferes with reception. The visibility of the satellite dish shall be mitigated as much as possible by screening. The structure shall be screened by the use of landscaping or by a nonliving barrier such as a wall or fence, or by some combination of the above. Walls or fences used for screening may not exceed six feet in height unless they are erected in compliance with the building setbacks. Trees and shrubs used in screening shall be of a species capable of obtaining such height, spread, and density of canopy at maturity so as to effectively screen the satellite dish from off-premises view. Landscaping to be used as screening shall be planted at the time of construction or placement of the satellite dish and the landscaping shall be at least equal to four feet at the time of planting. Landscaping shall be maintained by the property owner or the persons or groups in control of the property in a manner which will encourage maximum screening without interference with the maintenance or operation of the satellite dish. Section 2. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, 2 ORD. NO. 34-04 such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 3. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 4.. That this ordinance shall become effective immediately upon its passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the day of ,2004. ATTEST: MAYOR CITY CLERK First Reading Second Reading 3 ORD. NO. 34-04