06-19-12 Regular MeetingCity of Delray Beach Regular Commission Meeting RULES FOR PUBLIC PARTICIPATION Tuesday, June 19, 2012 Regular Meeting 6:00 p.m. Public Hearings 7:00 p.m. Delray Beach City Hall 1. PUBLIC
COMMENT: The public is encouraged to offer comments with the order of presentation being as follows: City Staff, public comments, Commission discussion and official action. City Commission
meetings are business meetings and the right to limit discussion rests with the Commission. Generally, remarks by an individual will be limited to three minutes or less. The Mayor or
presiding officer has discretion to adjust the amount of time allocated. A. Public Hearings: Any citizen is entitled to speak on items under this section. B. Comments and Inquiries on
Non-Agenda Items from the Public: Any citizen is entitled to be heard concerning any matter within the scope of jurisdiction of the Commission under this section. The Commission may
withhold comment or direct the City Manager to take action on requests or comments. C. Regular Agenda and First Reading Items: Public input on agendaed items, other than those that are
specifically set for a formal public hearing, shall be allowed when agreed by consensus of the City Commission. 2. SIGN IN SHEET: Prior to the start of the Commission Meeting, individuals
wishing to address public hearing or non-agendaed items should sign in on the sheet located on the right side of the dais. If you are not able to do so prior to the start of the meeting,
you may still address the Commission on an appropriate item. The primary purpose of the sign-in sheet is to assist staff with record keeping. Therefore, when you come up to the podium
to speak, please complete the sign-in sheet if you have not already done so. 3. ADDRESSING THE COMMISSION: At the appropriate time, please step up to the podium and state your name and
address for the record. All comments must be addressed to the Commission as a body and not to individuals. Any person making impertinent or slanderous remarks or who becomes boisterous
while addressing the Commission shall be barred by the presiding officer from speaking further, unless permission to continue or again address the Commission is granted by a majority
vote of the Commission members present. APPELLATE PROCEDURES Please be advised that if a person decides to appeal any decision made by the City Commission with respect to any matter
considered at this meeting, such person will need to ensure that a verbatim record includes the testimony and evidence upon which
the appeal is based. The City neither provides nor prepares such record. 100 N.W. 1st Avenue Delray Beach, FL 33444 Phone: (561) 243-7000 Fax: (561) 243-3774 The City will furnish auxiliary
aids and services to afford an individual with a disability an opportunity to participate in and enjoy the benefits of a service, program, or activity conducted by the City. Contact
Doug Smith at 243-7010, 24 hours prior to the event in order for the City to accommondate your request. Adaptive listening devices are available for meetings in the Commission Chambers.
REGULAR MEETING AGENDA 1. ROLL CALL 2. INVOCATION 3. PLEDGE OF ALLEGIANCE TO THE FLAG A. NONE 4. AGENDA APPROVAL 5. APPROVAL OF MINUTES: A. May 8, 2012 -Workshop Meeting B. May 22, 2012
-Workshop Meeting C. May 24, 2012 – Special/Workshop Meeting 6. PROCLAMATIONS: A. Parks and Recreation Month – July 2012 7. PRESENTATIONS: A. Representative Bill Hager – Update on Legislative
Session B. I.M.P.A.C.T. (Individual, Mentoring, Program and Collaborative Team) Delray Graduation Presentation 8. CONSENT AGENDA: City Manager Recommends Approval A. REQUEST FOR A SIDEWALK
DEFERRAL/1205 PALM TRAIL: Approve an agreement to defer installing a sidewalk on the west side of Palm Trail for the property located at 1205 Palm Trail.
B. REQUEST FOR A SIDEWALK DEFERRAL/960 DOGWOOD DRIVE: Approve an agreement to defer installing a sidewalk along the south side of Dogwood Drive for the property located at 960 Dogwood
Drive. C. REQUEST FOR A SIDEWALK DEFERRAL/926 BANYAN DRIVE: Approve an agreement to defer installing a sidewalk along the south side of Banyan Drive for the property located at 926 Banyan
Drive. D. REQUEST FOR A SIDEWALK DEFERRAL/936 HYACINTH DRIVE: Approve an agreement to defer installing a sidewalk along the south side of Hyacinth Drive for the property located at 936
Hyacinth Drive. E. LETTER OF SUPPORT/JUSTICE ASSISTANCE GRANT (JAG) FUND: Authorize the Mayor to sign a letter in support of funding allocations for Countywide Justice Assistance Grant
(JAG) funds for FY 12/13. F. AGREEMENT/FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION (FDEP): BEACH RENOURISHMENT PROJECT: Approve the Department of Environmental Protection (DEP), Contract
No. 12PB1 between the City and the DEP for the state’s cost sharing of the Beach Renourishment Project. G. BULLETPROOF VEST GRANT/DEPARTMENT OF JUSTICE: Authorize staff to submit an
application to the Department of Justice for funding in the amount of $33,600.00 for 48 vests from the Bulletproof Vest Program. If awarded, the program would provide 50% or $16,800.00
of the cost with the remaining balance to come from 001-2115-521-52.27 (General Fund: Operating Supplies/Equipment < $1,000). H. INTERLOCAL AGREEMENT/COMMUNITY REDEVELOPMENT AGENCY (CRA):
Approve an Interlocal Agreement with the Community Redevelopment Agency (CRA) for funding of the broadband service in the NW/SW neighborhoods. I. SUBLEASE AGREEMENT/COMMUNITY REDEVELOPMENT
AGREEMENT (CRA)/CREATIVE CITY COLLABORATIVE OF DELRAY BEACH, INC.: Approve a Sublease Agreement between the Creative City Collaborative (CCC) of Delray Beach, Inc. and the Community
Redevelopment Agency (CRA) regarding the Old School Square Parking Garage retail space. J. PAYMENT OF INVOICE/FLORIDA POWER & LIGHT (FPL): Approve payment to Florida Power & Light (FPL)
in the amount of $37,998.80 for upgrading the electrical service relating to the Lift Station 100A Upgrade project. Funding is available from 442-5178-536-69.29 (Water & Sewer Renewal
& Replacement Fund: Water & Sewer Trans/Storage Project/LS100A Capacity Upgrade). K. AMENDED AGREEMENT/PALM BEACH COUNTY/DISASTER RECOVERY INITIATIVE (DRI3) PROGRAM: Approve an amended
Agreement between the City and Palm Beach County to provide for implementation of the Hurricane Hardening of Fire Station #1 funded under the Disaster Recovery Initiative 3 (DRI3). L.
MEMORANDUM OF UNDERSTANDING/SOLID WASTE AUTHORITY
(SWA)/AMERICAN BEVERAGE ASSOCIATION (ABA): Provide authorization for the City to participate in a pilot public space recycling program with the Palm Beach County Solid Waste Authority
(SWA) and the American Beverage Association (ABA). M. RESOLUTION NO. 24-12/INTERLOCAL AGREEMENT/THE FLORIDA GREEN FINANCE AUTHORITY: PROPERTY ASSESSED CLEAN ENERGY (P.A.C.E): Approve
Resolution No. 24-12 in support of the City’s intention to implement the “Florida Green Energy Works Program”, and authorize the Mayor to execute an Interlocal Agreement with the Florida
Green Finance Authority to administer the program. N. RESOLUTION NO. 28-12: Approve Resolution No. 28-12 assessing costs for abatement action required to remove nuisances on twenty-four
(24) properties throughout the City of Delray Beach. O. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Land Development Boards for
the period June 5, 2012 through June 15, 2012. 9. REGULAR AGENDA: A. APPEAL OF SITE PLAN REVIEW AND APPEARANCE BOARD ACTION: FIRESTONE AT DELRAY: Consider an appeal of the Site Plan
Review and Appearance Board’s decision regarding replacing the garage doors on Firestone at Delray, located at 5190 West Atlantic Avenue. (Quasi-Judicial Hearing) B. SELECTION OF SOLID
WASTE COLLECTION SERVICES PROVIDER: Provide direction to staff regarding selection of a Solid Waste Collection Services provider for the City. C. DESIGNATION OF VOTING DELEGATE: Designate
the City's voting delegate to the Florida League of Cities’ 86th Annual Conference to be held at Westin Diplomat in Hollywood, Florida on August 23-25, 2012. D. APPOINTMENTS TO THE DOWNTOWN
DEVELOPMENT AUTHORITY: Appoint two (2) regular members to the Downtown Development Authority (DDA) to serve three (3) year terms ending July 1, 2015. Based upon the rotation system,
the appointments will be made by Commissioner Frankel (Seat #3) and Commissioner Gray (Seat #4). E. APPOINTMENT TO THE DELRAY BEACH HOUSING AUTHORITY: Appoint one (1) regular member
to the Delray Beach Housing Authority to serve a four (4) term ending July 14, 2016. Based upon the rotation system, the recommendation for appointment will be made by Commissioner Carney
(Seat #1). F. APPOINTMENTS TO THE CIVIL SERVICE BOARD: Appoint two (2) regular members to the Civil Service Board to serve two (2) year terms ending July 1, 2014. Based upon the rotation
system, the appointments will be made by Commissioner Frankel (Seat #3) and Commissioner Gray (Seat #4).
G. APPOINTMENTS TO THE NEIGHBORHOOD ADVISORY COUNCIL: Appoint one (1) regular member each from Zone 3 and Zone 5 to serve an unexpired plus three (3) year terms ending July 31, 2015
to the Neighborhood Advisory Council. Based on the rotation system, the appointments will be made by Mayor McDuffie (Seat #5) and Commissioner Carney (Seat #1). H. APPOINTMENT TO THE
FINANCIAL REVIEW BOARD: Appoint one (1) alternate member to serve an unexpired term ending July 31, 2013 to the Financial Review Board. Based upon the rotation system, the appointment
will be made by Commissioner Gray (Seat #4). I. CITY MANAGER EVALUATION J. CITY ATTORNEY EVALUATION 10. PUBLIC HEARINGS: A. PUBLIC COMMENTS/FY 2013 PROPOSED BUDGET: The City Commission
will hear public comments, if any, regarding the FY 2013 Proposed Budget at this time. B. ORDINANCE NO. 16-12: Consider an amendment to Chapter 33 “Police and Fire-Rescue Departments”,
subtitle "Pensions", Section 33.60, “Definitions”, Section 33.61, “Membership Conditions of Eligibility; Application”; Section 33.62, “Benefit Amounts and Eligibility”; Section 33.63,
“Optional Forms of Benefits”; Section 33.64, “Contributions”; Section 33.65, “Administration”; Section 33.66, “Finances and Fund Management”; Section 33.689, “Retirement Benefit Enhancement”;
Section 33.70, “Direct Transfers of Eligible Rollover Distributions”; and creating Section 33.73, “Termination of the System”, to implement and comply with Chapter 2009-97, Laws of Florida;
Chapter 2011-216; and the Internal Revenue Code; and to comply with a court decision. C. ORDINANCE NO. 18-12: Consider a city-initiated rezoning from RM (Medium Density Residential)
to CF (Community Facilities) for two parcels of land located on the east side of S.W. 12th Avenue, approximately 106 feet north of S.W. 2nd Street for the Neighborhood Resource Center
Expansion. (Quasi-Judicial Hearing) D. ORDINANCE NO. 20-12: Consider a city-initiated ordinance amending Chapter 110, “Local Business Taxes Generally”, Section 110.15, “Local Business
Tax Schedule”, to provide for a 5% percent increase in all business tax fees. 11. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS FROM THE PUBLICIMMEDIATELY FOLLOWING PUBLIC HEARINGS: A.
City Manager's response to prior public comments and inquiries. B. From the Public. 12. FIRST READINGS:
A. NONE 13. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS: A. City Manager B. City Attorney C. City Commission
WORKSHOP MEETING MAY 8, 2012 A Workshop Meeting of the City Commission of the City of Delray Beach, Florida, was called to order by Mayor Nelson S. McDuffie in the First Floor Conference
Room at City Hall at 6:00 p.m., on Tuesday, May 8, 2012. Roll call showed: Present -Commissioner Thomas F. Carney, Jr. Commissioner Alson Jacquet Commissioner Adam Frankel Commissioner
Angeleta E. Gray Mayor Nelson S. McDuffie Absent -None Also present were -David T. Harden, City Manager Brian Shutt, City Attorney Chevelle D. Nubin, City Clerk Mayor McDuffie called
the workshop meeting to order and announced that it had been called for the purpose of considering the following Items. WORKSHOP MEETING AGENDA 1. Public Art Master Plan Ms. Elayna Toby
Singer stated this is a follow-up to the presentation she made in January. She was contracted via interlocal agreement between the City and Palm Beach County to facilitate a Public Art
Assessment. Ms. Singer updated Commission on the assessment’s key findings and recommended next steps to advance the city’s public art program. Mr. Jacquet stated he attended some of
the Public Art Advisory Board meetings and noted “a disconnect” between the board, its function and the Commission: its true purpose, how we take their input and what we do with it.
Public Art is an integral part to Delray Beach and a big plus to any city. He asked how much is this going to cost the city and what will be the city’s return on investment. Mr. Carney
stated public art is a huge benefit to Delray Beach. He stated as budgets and revenues are increased we are going to be able to do greater things. Mr. Carney stated the presentation
was very informative and he would love to be able to endorse all of the great ideas but endorsing them comes with a cost. He shares Mr. Jacquet’s concerns regarding the costs as far
as how we are going to there. He stated the Public Art Advisory Board has done a great job. Mrs. Gray thanked Ms. Singer for the presentation and stated public art is important to Delray
Beach. She asked if the Public Art Advisory Board or Ms. Singer have any other ideas on how to generate funds. Mrs. Gray asked how much this plan will cost the city. Ms. Singer stated
the cost is $5,000 per quarter and it will take approximately sixteen (16) months to complete the plan.
2 May 8, 2012 Mr. Frankel thanked Ms. Singer for the presentation and stated he liked the detailed report. He discussed the value and importance of public art to the city. Mr. Frankel
mentioned Pineapple Grove and stated he has no objections with going into the interlocal agreement. Mayor McDuffie stated public art is important to Delray Beach and commented regarding
the budget and the interlocal agreement. He stated Ms. Singer did a great job and he supports the interlocal agreement. Mr. Carney agrees with entering the interlocal agreement as well.
Mr. David T. Harden, City Manager, asked Ms. Singer to draft a proposal. (Item W.S. 4 began at 6:24 p.m. and is below as Item W.S.2 due to Commission changing the order of the agenda)
2. FY 2013 Departmental Budget Presentations: Administrative Services Mr. Robert Barcinski, Assistant City Manager, presented the various budgets for Administrative Services, Clean and
Safe and Tennis. Mr. Barcinski discussed special events specifically. Mr. Frankel stated it is good for the public to know the many hats Mr. Barcinski wears and the work that gets done.
Mr. Carney stated he appreciated the presentation and feels it is important that everyone understands how and why we are spending the money. Mr. Jacquet stated he was looking to learn
more of what we do at the city and asked about insurance and bids. Mr. Harden stated most of our insurance now is through the Florida Municipal Insurance Trust and we provide information
to them and they conduct the bidding. Mayor McDuffie stated he appreciates everything that they have seen tonight and there are some things that we cannot control that are increasing.
He discussed organizations that are cutting costs. He thanked Mr. Barcinski. Clean and Safe Mr. Barcinski coordinates the efforts for all other departments (Code Enforcement, Police
Department, Public Works, and Park Maintenance, garage maintenance) regarding this function. He covered costs as far as increases and other items they are asking as well as contractual
services. Mr. Carney asked if 100% of this was funded by the Community Redevelopment Agency. Mrs. Gray stated the Clean and Safe team is amazing and asked about the gum removal program.
Mayor McDuffie stated Clean and Safe does an amazing job after events. They exceed expectations.
3 May 8, 2012 Tennis Mr. Barcinski stated he supervises the contracts for the golf courses, tennis facility and tournaments. He discussed the activities of the Management Company in
regards to the stadium and stated he meets with the management company on a weekly basis. He also discussed the maintenance of the facilities. He stated Administrative Services provides
total support to the Sister Cities committee and he is a liaison to Old School Square and Sandoway House. In addition, he informed the Commission that he is serving as the city’s representative
for the Delray Beach Marketing Cooperative and he is Chairperson this year. He stated the Telecommunications Manager is in his department as well and explained the function. Mr. Frankel
mentioned the Davis Cup and stated the Tennis Stadium and Tennis Facilities is the biggest misconstrued item he sees as far as persons saying nothing is going on there and it could not
be farther from the truth. He stated alot goes on there: USTA, ITC and International and Rainbow Tennis Tournaments. Mrs. Gray commended Mr. Barcinski and asked about having more tournaments,
naming rights, changing makeup of Tennis Stadium and event parking. Mr. Carney agrees with Mr. Frankel that the Tennis Stadium is misunderstood. He mentioned a possible study on the
economic impact of the Tennis Center. In addition, he suggested that we look at what it would take to make it a world class Tennis Facility. Mr. Jacquet feels the Tennis Center is underutilized.
He mentioned sponsorships and stadium rentals stating he would like to see those numbers increase. Mayor McDuffie stated we have some structural problems in regards to attracting certain
events. Discussion continued between staff and Commission. Human Resources Mr. Bruce Koeser, Human Resources Director, presented this item. He highlighted the HR functions: compensation,
benefits, risk management and safety, federal/state law compliance, labor relations, employee relations, employment and recruiting, training and development, succession planning, and
Employee Health and Wellness Center. Mr. Koeser discussed changes to the departmental budget. Mrs. Gray asked if we have any numbers of what the savings are for the Wellness Center.
Mr. Carney stated succession planning is good and he has heard good things regarding the Wellness Center. He asked about the application process and how we address if someone wants to
manually apply for a position. Mr. Jacquet asked are we allowed to set certain requirements for new hires in regards to insurance. City Attorney Mr. Brian Shutt, City Attorney, presented
this item stating the Police Legal Advisor Position comes out of the Police Department Budget. He stated the Assistant City Attorney I position has been unfilled since June 2009 and
they are anticipating filling that position within the next two months. Otherwise, staffing has remained the same.
4 May 8, 2012 Mr. Shutt discussed the workload for the City Attorney’s office, attendance at meetings, operating and personnel costs. Mr. Frankel stated he is in favor of hiring a new
Assistant Attorney based on the fact that we will not have to spend as much on outside counsel. Mrs. Gray thanked Mr. Shutt for the presentation. Mr. Jacquet stated he enjoyed the presentation
and he has not had a chance to discuss the Assistant Attorney position with Mr. Shutt. He stated if this position has been vacant for a certain number of years he proposes we cut it.
However, Mr. Jacquet stated he would like to meet with Mr. Shutt to discuss this and understand why this position is needed. Mr. Carney thanked Mr. Shutt for this presentation and he
understands the need for a new attorney. It adds value to our in-house counsel and he is happy with the City Attorney’s work. 3. Consider Bid Proposal for the Davis Cup Finals Mr. Barcinski,
Assistant City Manager, presented this item stating the Davis Cup looking for bids for the finals for this year. He stated the finals will be November 16-18, 2012 and Commission has
expressed a desire for staff to look into getting the Davis Cup here again. He discussed the target dates for submission of a letter of intent and the final bid. He highlighted the advantages
and disadvantages to hosting the event; the requirements for funding and some strategies if the Commission allows staff to move forward with pursuing this. Mr. Carney asked if Margie
Walden from the Palm Beach County Sports Commission would like to say anything. She stated that the Palm Beach County Sports Commission is in favor of going forward with this. Mr. Barcinski
discussed the economic impact snapshot for when the USA played Spain in the Quarter Finals in Austin Texas. Mr. Frankel stated he is in favor of this. Mrs. Gray stated she is totally
in support of this and asked where we will get the $400,000 cash contribution. She stated she is glad that we are going into the direction of Delray Beach as a sports destination. Mr.
Jacquet thinks this is going to great for the city and asked if we have a projection of how much the city will make from the event. Mr. Carney stated this is a great opportunity and
the economic impact will be tremendous. 4. Discussion regarding South Central Regional Waste Water Treatment and Disposal Board (SCRTWDB) Mr. Harden, City Manager, stated he asked the
City Attorney to draft an amendment to the agreement. Mr. Frankel gave an overview regarding attendance, makeup of the board and meetings. Mrs. Gray stated she thinks that the facility
is run well and the staff does a great job there. She is in support of the amendment. Mr. Jacquet stated the way it is now allows the individuals to see and approve a decision that is
made.
5 May 8, 2012 However, he agrees with the amendment if it is non-controversial issues and staff does a great job. He mentioned checks and balances. Mr. Carney stated the board runs extremely
well and feels that the board should be staffed by professionals with expertise in that area. He likes the idea of an annual presentation. Brief discussion continued. Mayor McDuffie
adjourned the Workshop Meeting at 8:08 p.m. ________________________________ City Clerk ATTEST: MAYOR The undersigned is the City Clerk of the City of Delray Beach, Florida, and the
information provided herein is the Minutes of the Workshop Meeting of the City Commission held on Tuesday, May 8, 2012, which Minutes were formally approved and adopted by the City Commission
on June 19, 2012. ________________________________ 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 amendments, additions or deletions to the Minutes as set forth
above.
WORKSHOP MEETING MAY 22, 2012 A Workshop Meeting of the City Commission of the City of Delray Beach, Florida, was called to order by Mayor Nelson S. McDuffie in the First Floor Conference
Room at City Hall at 6:00 p.m., on Tuesday, May 22, 2012. Roll call showed: Present -Commissioner Thomas F. Carney, Jr. Commissioner Alson Jacquet Commissioner Adam Frankel Commissioner
Angeleta E. Gray Mayor Nelson S. McDuffie Absent -None Also present were -David T. Harden, City Manager Brian Shutt, City Attorney Chevelle D. Nubin, City Clerk Mayor McDuffie called
the workshop meeting to order and announced that it had been called for the purpose of considering the following Items. WORKSHOP MEETING AGENDA 1. Fire-Rescue FY 2013 Budget Presentation
Ms. Danielle Connor, Fire Rescue Chief, and Russell Accardi, Assistant Chief/Operations Division, presented this item. She highlighted the Fire-Rescue functions and divisions, major
accomplishments and challenges, personnel and operating costs. In addition, she discussed the budget requests. Mr. Carney asked about the Highland Beach Contract in reference to costs.
Mr. Harden explained how the contract works. Mrs. Gray asked about revenues and how they are used. She also asked if there is a succession plan in place where we screen new leaders.
Chief Conner explained the process. Mrs. Gray asked how diversified is the Fire-Rescue Department staff. Commission thanked Ms. Conner for the presentation. 2. City Manager FY 2013 Budget
Presentation Mr. Douglas E. Smith, Assistant City Manager, presented this item. He highlighted the Organizational Chart, City Manager responsibilities, his responsibilities as Assistant
City Manager, staffing levels and operating costs. Mr. Jacquet asked about the function regarding lobbying: how this works and how much it is costing the city. Mr. Smith stated we do
not fund any lobbyists. We have funds that go to organizations that we support i.e. Florida League of Cities. We do not have any dedicated city lobbyists.
2 May 22, 2012 Mayor McDuffie stated we removed lobbyists from the budget in 2007. Mr. Harden stated the Mayor and Commissioners meet with legislators on the city’s behalf and we provide
backup information on what they would like to speak on with representatives, etc. In addition, staff works with the legislative aides. Mrs. Gray stated she went to Washington, D.C. to
lobby for the city last year and the information that staff provided was amazing. Mr. Jacquet asked Mr. Smith to discuss the city’s civic education efforts. The Commission thanked Mr.
Smith for the presentation. 3. Public Information Office (PIO) Division FY 2013 Budget Presentation Mr. Richard Reade, Public Information/Sustainability Officer, presented this item.
He highlighted the PIO functions: Social Media, Peak Democracy, Speakers’ Bureau, city’s radio station, photography and commercial video productions. He stated they are working on the
new website and assisting with mobile application development. Mr. Reade provided a brief overview of the new website. In addition, he discussed the Green and Sustainability Efforts,
Economic Development Initiatives, Legislative and Lobbying Support, Board and Committee Liaison, Grants and Special Projects functions. He provided an overview of the Staffing Summary
and Expenses. Mrs. Gray stated we need to have more information regarding Economic Development on the website. Mr. Reade discussed options for adding more information regarding Economic
Development on the website. Mr. Jacquet stated the website looks amazing and he cannot wait for it to go live and commented regarding the 12% decrease in the PIO budget. He asked if
any organization in the city can ask for someone from the city to come and speak. Mr. Reade stated the speakers are listed on the website. Mr. Jacquet also asked about the Electric Vehicle
Charging Stations. Mrs. Gray asked about the name “mydelraybeach.com” regarding the website. Brief discussion ensued between Commission and staff. Mayor McDuffie adjourned the Workshop
Meeting at 8:00 p.m. ________________________________ City Clerk ATTEST: MAYOR
3 May 22, 2012 The undersigned is the City Clerk of the City of Delray Beach, Florida, and the information provided herein is the Minutes of the Workshop Meeting of the City Commission
held on Tuesday, May 22, 2012, which Minutes were formally approved and adopted by the City Commission on June 19, 2012. ________________________________ 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 amendments, additions or deletions to the Minutes as set forth above.
SPECIAL/WORKSHOP MEETING MAY 24, 2012 A Special/Workshop Meeting of the City Commission of the City of Delray Beach, Florida, was called to order by Mayor Nelson S. McDuffie in the First
Floor Conference Room at City Hall at 6:00 p.m., on Tuesday, May 24, 2012. Roll call showed: Present - Commissioner Thomas F. Carney, Jr. Commissioner Alson Jacquet Commissioner Adam
Frankel Commissioner Angeleta E. Gray Mayor Nelson S. McDuffie Absent - None Also present were - David T. Harden, City Manager Brian Shutt, City Attorney Chevelle D. Nubin, City Clerk
Mayor McDuffie called the Special/Workshop Meeting to order and announced that it had been called for the purpose of considering the following Items. SPECIAL MEETING AGENDA 1. Appointment
of The Assistant City Attorney I Position: Consider approval to appoint Janice Rustin for the position of Assistant City Attorney I. (Addendum) The City Attorney stated pursuant to City
Charter all appointments of Assistant City Attorneys or the City Attorney has to come before the Commission for approval. Ms. Rustin graduated from Nova Southeastern University in December
2011 and was on the Dean’s list all semester. The City Attorney stated she worked as an intern her last semester of law school in the West Palm Beach City Attorney’s office and he received
a recommendation from their City Attorney regarding Ms. Rustin. The City Attorney stated Ms. Rustin has also been volunteering for free in the City Attorney’s office since March of this
year and has done a phenomenal job. Staff recommends approval of the appointment of the Assistant City Attorney I position. Mr. Jacquet inquired about the application process. The City
Attorney stated staff received about 85 applications and had interviews. He stated they opened it up to six applicants but based on their preferences once the applicants found out what
the salary was it then dropped down to four applicants and most of those had prior municipal experience. Mr. Frankel stated it is nice to see such a very good recommendation for Ms.
Rustin and he likes the fact that she had volunteered for some time in the City Attorney’s office and the City Attorney was actually able to see the work product and was satisfied with
the work product. Mrs. Gray welcomed Ms. Rustin. Mr. Carney concurred with comments expressed by Commissioner Gray and Commissioner Frankel. Mayor McDuffie stated he is very comfortable
with the selection and it is nice to get someone who has municipal experience.
2 May 24, 2012 Mr. Frankel moved to approve and appoint Janice Rustin for the position of Assistant City Attorney I, seconded by Mr. Jacquet. Upon roll call the Commission voted as follows:
Mr. Jacquet – Yes; Mr. Frankel – Yes; Mrs. Gray – Yes; Mayor McDuffie – Yes; Mr. Carney – Yes. Said motion passed with a 5 to 0 vote. Mayor McDuffie adjourned the Special Meeting at
6:09 p.m. WORKSHOP MEETING AGENDA 1. Engineering FY 2013 Budget Presentation Mr. Richard Hasko, Director of Environmental Services, gave a brief presentation regarding the Engineering
Department budget for Fiscal Year 2013. Mr. Hasko briefly reviewed the primary functions of the Engineering Department and stated the most important functions are the Capital Infrastructure
Program. Mr. Hasko stated other primary functions are the Geographic Information System (GIS), Stormwater Utility, and general activities (i.e. traffic calming, street lighting, parking,
drainage, etc.). Mr. Hasko explained that this year staff has established how much of the Engineering budget is attributable to Water and Sewer and how much to the Stormwater Fund and
rather than programming those costs in the Water and Sewer and Stormwater Fund operating budgets this year they are going to handle it with fund transfers into the Water and Sewer. Mr.
Hasko stated 2011/2012 is when they started splitting those costs and absorbing some of them with Water and Sewer and Stormwater. He stated staff is not going to do that again this year.
Mr. Hasko stated for purposes of comparison over the last two years staff has adjusted these numbers by the amounts of those transfers that are going into the General Fund. Mr. Frankel
stated Mr. Hasko did a great job. Mr. Jacquet thanked Mr. Hasko for a great presentation and appreciates the explanation of the splitting and why the budget numbers went from such a
large number to a small one. Mayor McDuffie stated at the grate between the Old School Square Gym and the Old School Square Garage and at the one that is just north of the Boy Scout
statue on Pineapple Grove is awful. Mayor McDuffie asked if there is something stopping the flow in those areas. Mr. Hasko stated staff will look into this. Mayor McDuffie thanked Mr.
Hasko for a great presentation. Mr. Carney requested a list of all the functions of the Engineering Department. Mr. Hasko stated he can put something together for Mr. Carney. 2. Finance
FY 2013 Budget Presentation Mr. David Boyd, Finance Director, gave a brief budget presentation for the Finance Department for Fiscal Year 2013. Mr. Boyd stated the Finance Department
is made up of three distinct divisions: (1) the Financial Division, (2) IT Division, and (3) Utility/Customer Service Division. Mr. Boyd stated the Finance Division is broken down into
several distinct functions: Purchasing, Budget, and Treasury. He stated financial services is made up of several specialties such as accountants, payroll, pension administration, and
accounts payable clerks. Mr. Boyd stated the primary responsibilities of the Finance Division under accounting is financial reporting, internal control, and grants administration. Mr.
Boyd stated they will actually have one less employee next year than they did at the start of this year. Mr. Boyd stated the Finance Department spent several months looking at their
organization and seeing what their needs were and they eliminated a Senior/Buyer position and they will eliminate an Accounting Specialist position and promote the employee who is now
an Accounting Specialist to an Accountant.
3 May 24, 2012 Mr. Boyd stated they eliminated two positions to get one position to help create efficiency. He stated when eliminating two positions their personnel budget is looking
to decline 5.5%; their operating costs is declining a little over 5%. However, Mr. Boyd stated they freed up resources to reallocate them to areas that are needed and identified those
areas which come under capital costs (Software Solutions). Mr. Boyd stated their total budget declined 1.2% 2012-2013; personnel services declined $77,000 because that was a net effect
of eliminating two positions and one promotion; there was a slight reduction in healthcare costs and pension benefits; capital costs include $70,000 for immediate implementation of several
software solutions to meet a variety of needs such as improving efficiency and reduce paper flow and paper storage. Mr. Boyd stated with regard to grant administration they have a team
that applies for grants and most other departments have that and that is how they ended up with 50 grants. He stated there is no central database that stores all that information. The
department maintains their portion and accounting makes sure all the reports get issued and that deadlines are met. Mr. Boyd stated they need a centralized database and reporting system
to manage this which is millions of dollars and that is all done now manually. Mr. Boyd stated staff has looked at solutions for storing documentation electrically and also outsourcing
some of the processing of that as well. He stated they need to begin a centralization of the purchasing function to gain better cost control. Mr. Boyd stated they have 16 employees and
50% of them are either in the DROP Plan or are close to retirement eligibility (3-5 years). He stated most of their customers are internal but they need to set up a communication process
by securing software solutions to reduce paper flow, storage, and improve efficiency. Mr. Boyd reiterated that the reorganization resulted in elimination of two positions to free up
resources, promotion of an employee upon completion of an accounting degree, moving the Purchasing Manager into the Finance Department and use the two administrative assistants to back
up that position. He stated one of those Administrative Assistants is leaving next year through the DROP Plan and once she leaves staff is going to hire a replacement that is going to
focus more on the Purchasing function and help the Purchasing Manager. Mr. Boyd stated the Pension Administrator was moved from the Finance Department into the Purchasing Manager’s vacated
office so that staff and retirees can discuss their personal business in private. Staff is also looking for various software solutions and beginning team meetings and hopes that within
a year a lot of the solutions that need to be implemented will be well underway at that time. Mr. Jacquet stated he loves the fact that we are going to be more effective with the changes
in the Finance Department. He inquired if anyone lost their job. Mr. Boyd stated one person lost their job and one person when they were promoted they eliminated the position that they
were leaving. Mr. Frankel complimented Karen Schell for going above and beyond her job description. Mr. Frankel stated she is a fine lady and what a great service she does for the City
of Delray Beach. The City Manager stated the Police and Fire Pension Board contracted for administration for a while and it did not work well. He stated Karen Schell does a fine job
and she is right here at City Hall where employees can access her. Mayor McDuffie stated moving the Purchasing Manager around, etc. were great ideas and appreciates the progress so far.
3. Information Technology (IT) Division FY 2013 Budget Presentation David Boyd, Finance Director, gave a brief presentation for the Information Technology (IT) Division budget for Fiscal
Year 2013 and stated the primary responsibilities are System Security, Technology Infrastructure, Enterprise Solutions/Software with wide-scope applications,
4 May 24, 2012 Applications Development and Support, Website development and maintenance, and other technology including radio and surveillance camera support. Mr. Boyd stated staff
found that they needed to free up some resources for other areas by eliminating a Program Manager and are in the process of unfreezing an Administrative Assistant position. Mr. Boyd
stated overall the total IT budget is declining 2.5%; operating costs will rise 7%; personnel services declined $75,000 due to a position elimination net of unfreezing the Administrative
Assistant position and a slight reduction in the pension expense; operating costs are increasing $35,000 in part due to three things: (1) maintenance costs associated with this new virtual
server system, (2) backup tapes for various databases, and (3) increase in hardware maintenance costs. Mr. Boyd stated these are all costs we would have incurred regardless of whether
if they made any changes to the department or not but because staff reorganized the department they were able to absorb these and still have an overall decline. Mr. Boyd stated the IT
Department is developing the new City website except for the graphic design which was outsourced to a company in California. He stated IT is going to be a part of the Co-managing search
for the new city-wide Enterprise Resource Program which will include Human Resources, Community Improvement, Utility Billing, Budget and Financial modules and everyone in the city will
be using that module. Mr. Boyd stated this system does not produce financial reports such as a balance sheet and an income statement IT extracted that information so that we get that
type of reporting. Mr. Boyd briefly discussed the proposed projects and stated the City needs to upgrade its network infrastructure. He stated the City is going to get more and more
into GIS files which have huge data needs and when the City goes to the new financial reporting system there is going to be a lot of e-governmental activity with that and all of that
is going to use up bandwidth. Mr. Boyd stated the City has to do better in the redundancy backup solutions, utilization of Florida LambdaRail fiber optic network as a backup connection
system, and e- governmental initiatives. Mr. Frankel thanked Mr. Boyd for two great presentations and stated they are brief, clear, and he is looking for less money. Mr. Frankel appreciates
all the innovative things that Mr. Boyd proposes for next year. Mayor McDuffie stated the Northwest Regional Data Center was closed down at the campus of Florida State University and
LambdaRail is a statewide fiber loop that runs around the state and it allows shops like ours to put disaster recovery systems in Tallahassee so all the transactions here are mirrored
in Tallahassee. He stated they have huge amounts of floor space in the data center. He stated that is a great resource for the city at a very low cost and he too is proud of everyone
that has made presentations because everyone is doing more with less budget this year. Mr. Carney asked if the City would still be operative in the event of a disaster. The City Manager
stated the IT building has its own generator.
5 May 24, 2012 4. City Clerk FY 2013 Budget Presentation Chevelle D. Nubin, City Clerk, gave a brief presentation regarding the City Clerk budget for Fiscal Year 2013. Ms. Nubin stated
the City Clerk’s primary functions are Management/Administration of City and Civil Service Elections, Cemetery Administration, Public Notices and Certifications, Agenda Coordination
(Agenda Packet Creation, Recording of Documents, Annexation Notifications, Website posting of Ordinances, Resolutions, Agendas, Minutes, and Liaison Letters), LaserFiche Maintenance
(Scanning of Official City Documents), and Codebook Supplements (Municode), Contract Management, Confidential Vehicle Renewal/Registrations, City Advertisements, Advisory Board Administration,
Records Management and Public Records Requests, Customer Relations – Issuance of Residency Cards/Lien Searches/Proof of Life Document, Attendance at Commission Meetings, Transcription
of Minutes, and Video Streaming. Ms. Nubin stated with regard to the staffing summary the City Clerk’s office used to have seven people in 2010 and for the past couple of years there
have been six people. She stated in 2011 an employee retired which resulted in a personnel savings and the City did not have an election in 2011 which also resulted in a savings with
the operational costs. Ms. Nubin stated there will be some increases this year due to the City’s contract with the Supervisor of Elections and these are her changes that get passed down
to the municipalities. Ms. Nubin stated there have also been some increases in the City’s software maintenance for the digital recording, cemetery, and document imaging. Ms. Nubin stated
with regard to revenue she projects that the City Clerk’s office will have approximately $75,000 in this year for public records requests and lien searches; however, at mid-year she
projected $55,000 for public records requests and lien searches and to date the City Clerk’s office has taken in $82,000. Ms. Nubin stated the Deputy City Clerk serves as the Secretary
for the Palm Beach County Municipal Clerks’ Association and on the State level she serves as the Southeast District Director for the Florida Association of City Clerks (FACC). Ms. Nubin
stated for the past couple of years she has taught the first year and new clerks from around the state 50-60 clerks a year and also serves on the Professional Education Committee and
will be entering her third year of a three-year term in October. She stated by being on the committee she assisting in planning the education for the clerks around the state. Ms. Nubin
stated she just had a one day mini academy for the clerks in her district (i.e. Broward, Palm Beach, Miami-Dade and Monroe Counties) which equals 151 cities and about 66 clerks attended.
Ms. Nubin stated that is an added value to the City as well as the City Clerk’s office because that is the first time that the City has been involved on that level for the past couple
of years. Mr. Jacquet asked if the scanning of the official documents dating back to the 1920’s had to be outsourced. Ms. Nubin stated this was done internally. Mr. Jacquet asked how
it is working with the six (6) staff members as opposed to seven (7) for the past two years. Ms. Nubin stated the Administrative Assistant position was eliminated in 2006/2007 and that
person moved up to Agenda Coordinator. Lanelda Gaskins was promoted to Deputy City Clerk. She stated that Administrative Assistant was never filled and when the person who served as
Office Assistant I retired the position was never filled; however, the work remained. Ms. Nubin stated the work was redistributed among the staff and the plus side is that everyone in
the office is cross trained on every function.
6 May 24, 2012 Mr. Jacquet stated everyone does everyone else’s job in the City Clerk’s office and from the numbers he has been looking at out of all the department heads Ms. Nubin makes
the least amount as far as income. Mr. Jacquet stated he appreciates the work that the City Clerk’s office does and thanked Ms. Nubin for her presentation. Mr. Carney stated the City
Clerk’s confidence that got us involved with all these other cities and she has done a great job. Mrs. Gray thanked the City Clerk for being so instrumental to everyone and the entire
department. Mrs. Gray congratulated the City Clerk for all her work with the FACC Southeast District. Mrs. Gray asked what happens in a couple of years when the cemetery sells all the
plots. The City Clerk stated the Parks and Recreation Department is looking into this and it depends if we want to build more spaces for the mausoleum or the City may have to figure
out something else regarding plots. The City Manager stated what happens typically is as you fill up the spaces that are primary you can back into what are now aisle spaces between grave
sites and begin to put graves in there. Mrs. Gray inquired about the election costs. Ms. Nubin stated that the only difference with having an election in November is we get to share
the cost with the Supervisor of Elections versus the Cities’ standalone elections; however, during that time we would be put at the very end of the ballot. The City Clerk stated approximately
37 municipalities may have elections in March and we share the prorated costs in the agreement and this is what the Supervisor of Elections is passing down to the city indicating that
her costs have increased in these particular areas. The City Manager stated the current Supervisor of Elections has greatly increased the costs that she is charging the cities for elections.
Mrs. Gray stated the reason the Commission wanted to do a three three-year term was so that we would not have elections every year which would save $40,000-$50,000 a year. Mr. Frankel
stated he is going on his fourth year being on the Commission and has heard complaints about every department in the city except the City Clerk’s office. Mr. Frankel stated the City
Clerk’s office deals with a great number of residents and feels this says a lot about Ms. Nubin and the entire staff. Mr. Frankel complimented the City Clerk’s office for their courteous
demeanor and for doing such an efficient great job. Mayor McDuffie echoed comments expressed by the rest of the Commission. Mr. Carney stated the City Clerk’s office has been inundated
with extra public records requests and feels these are being handled very well. 5. City Commission FY 2013 Budget Presentation The City Manager stated the Commission has Boards, Committees,
and Task Forces that report to them and advise them; and, the Commission appoints the City Manager and the City Attorney. The City Manager stated the City Commission’s budget and personnel
costs are up about 7% and operating costs are up 6% with an overall increase of 6.5%. The reasons for that increase is there are more Commissioners on the City’s health insurance than
in the previous year and include the Citizen’s Summit. The City Manager stated there was a decrease in refreshments due to not planning to host the Palm Beach County League of Cities
meeting next
7 May 24, 2012 year. He stated some of the things that are included are membership fees for the Palm Beach County League of Cities, Palm Beach County Caucus of Black Elected Officials,
Florida League of Cities, Florida Black Caucus of Local Elected Officials, Alliance for Innovation, and the National League of Cities. Mayor McDuffie adjourned the Workshop Meeting at
7:10 p.m. ______________________________________ City Clerk ATTEST: MAYOR The undersigned is the City Clerk of the City of Delray Beach, Florida, and the information provided herein
is the Minutes of the Special/Workshop Meeting of the City Commission held on Tuesday, May 24, 2012, which Minutes were formally approved and adopted by the City Commission on June 19,
2012. _________________________________________ 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 amendments, additions or deletions to the Minutes as set forth
above.
MEMORANDUM TO: Mayor and City Commissioners FROM: Linda Karch, Director of Parks and Recreation THROUGH: David T. Harden, City Manager DATE: June 13, 2012 SUBJECT: AGENDA ITEM 6.A. -REGULAR
COMMISSION MEETING OF JUNE 19, 2012 PARKS AND RECREATION MONTH PROCLAMATION ITEM BEFORE COMMISSION Designation of July as Parks and Recreation Month. BACKGROUND Since 1985, America has
celebrated July as the nation's official Parks and Recreation Month. National Recreation Parks Association encourages cities to show how parks and recreation make your life extraordinary!
Create a healthy weekend habit by getting out to a park, trail, playground, swimming pool, natural area, or other public space every weekend. Just have FUN.
WHEREAS, parks and recreation programs are an integral part of communities throughout this country, including Delray Beach; and WHEREAS, our parks and recreation are vitally important
to establishing and maintaining the quality of life in our communities, ensuring the health of all citizens, and contributing to the economic and environmental well-being of a community
and region; and WHEREAS, parks and recreation programs build healthy, active communities that aid in the prevention of chronic disease, provide therapeutic recreation services for those
who are mentally or physically disabled, and also improve the mental and emotional health of all citizens; and WHEREAS, parks and recreation programs increase a community’s economic
prosperity through increased property values, expansion of the local tax base, increased tourism, the attraction and retention of businesses, and crime reduction; and WHEREAS, parks
and recreation areas are fundamental to the environmental well-being of our community; and WHEREAS, parks and natural recreation areas improve water quality, protect groundwater, prevent
flooding, improve the quality of the air we breathe, provide vegetative buffers to development, and produce habitat for wildlife; and WHEREAS, our parks and natural recreation areas
ensure the ecological beauty of our community and provide a place for children and adults to connect with nature and recreate outdoors. NOW, THEREFORE, I, NELSON S. McDUFFIE, Mayor of
the City of Delray Beach, Florida, on behalf of the City Commission do hereby proclaim July, 2012, as: PARKS AND RECREATION MONTH in Delray Beach and urge that attention be directed
to the many ways in which parks, recreation and civic groups, public schools, private organizations, and other agencies may expand recreation facilities and programs so that every citizen
will have the opportunity to develop meaningful and satisfying leisure activities. 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 19th day of June, 2012. ___________________________ NELSON S. McDUFFIE MAYOR
MEMORANDUM TO: Mayor and City Commissioners FROM: Dot Bast, Training and Development Manager THROUGH: Bruce Koeser, Human Resources Director David Harden, City Manager DATE: May 22,
2012 SUBJECT: AGENDA ITEM 7.B. -REGULAR COMMISSION MEETING OF JUNE 19, 2012 I.M.P.A.C.T. DELRAY GRADUATION PRESENTATION ITEM BEFORE COMMISSION Graduation of nine members of IMPACT Delray
and presentation of their capstone project: Desiree Kazekavicius, Sharon L'Herrou, Charles Furment, Maria Marino-Bollan, Kimberly Wynn, Tim Simmons, Nigel Roberts, Scott Pape, Cheryl
Hoaglund. BACKGROUND According to the IMPACT Delray business plan, mentees who successfully graduate from the year-long program will be awarded a certificate by the Mayor at a City Commission
meeting. Also, the group’s capstone project will be presented to the City Commission during their graduation. The project presentation will be made using a few Power Point slides, followed
by the awarding of certificates.
I.M.P.A.C.T. DELRAY Individual Mentoring Program And Collaboration Team IMPACT Delray November 2010 Page 1 of 4 One of the challenges facing the City of Delray Beach is to effectively
develop our human resources into a high-performance workforce. The future of Delray Beach government is directly impacted by the skills, ability, knowledge and education of its greatest
asset – our employees. In order to successfully meet the challenges ahead, we must be able to answer the following: • How will we equip emerging leaders to succeed in new roles when
the current generation of key people retires? • How will we enhance individual, team, and organizational performance, ensuring alignment with the mission of the City? • How will we develop
employee skill sets while offering challenges and the opportunity to grow into a high performance organization? IMPACT Delray answers these questions by providing an organizational development
initiative designed to build and retain talent within the City. THE MISSION IMPACT Delray is a mentoring initiative designed to foster individual and organizational growth by encouraging
people to challenge themselves both personally and professionally. The program’s mission is to prepare employees to compete for future promotional opportunities while enhancing skills
for their current position. Through instruction, practice, and individual mentoring, the goal is to develop leaders who will excel in business acumen, collaboration, organizational knowledge
and emotional intelligence and to encourage organizational interdependence. IMPACT Delray will promote experiential learning and sharing of institutional knowledge. Table 1 below lists
the characteristics that have been identified as being critical to effective leadership in a high-performance organization. The mentoring program’s strategy is designed to build skills
directly related to the City’s core values and the competencies identified by the ICMA’s Management Practices. The program also provides an avenue for the Executive Committee, comprised
of department heads, to participate in preparing the City’s future leaders.
I.M.P.A.C.T. DELRAY Individual Mentoring Program And Collaboration Team IMPACT Delray November 2010 Page 2 of 4 Table 1. Competencies COMPETENCY BEHAVIOR ICMA MANAGEMENT PRACTICE Character
Confident Respectful Trustworthy, ethical Responsible Personal Integrity Business Acumen Strategic Planning Develops and shapes strategy Leads change Shares vision Functional/Operational
Expertise and Planning Initiative and Risk Taking Strategic Planning Innovation Initiative Adaptability Problem solving Creativity Creativity and Innovation Leadership Decision making
Delegation Empowerment Cultural Competence Develops bench strength Emotional Intelligence Coaching Team Leadership Empowerment Mentoring Staff Effectiveness Teamwork Collaboration Conflict
Resolution Fosters, builds partnerships Team leadership Planning and Organizing Prioritizing Goal setting Time management Use of resources Budgeting Financial Analysis Supervising Fair
and equitable in managing Effective coaching /counseling Clear performance standards Performance Management Human Resources Management Communication Public speaking Mediation Community
Relations Media Relations Presentation Skills Organizational Knowledge Basics of each department Budgeting Purchasing Organizational Integrity Budgeting
I.M.P.A.C.T. DELRAY Individual Mentoring Program And Collaboration Team IMPACT Delray November 2010 Page 3 of 4 PROGRAM COMPONENTS SELECTION Applicants may be recommended by a manager
or may apply. Each applicant must have a letter of recommendation from their department head to participate. Applications are screened by Human Resources to determine if the candidate
meets or can reasonably expect to meet the minimum qualifications for the position the candidate aspires to. The essay portion of the application is reviewed and scored by Human Resources
and the Executive Committee. A threshold score must be achieved in order to progress to the next step. A 360o Evaluation will distributed and scored by Human Resources. Participants
will be then be interviewed by Human Resources. The final decision for who will be included in the program will be made by the HR Director and City Manager. Those applicants who are
not selected may apply to the program again the next year, if they desire. ASSESSMENT Each particpant’s manager or department head will complete an Individual Learning Plan appropriate
for the position for which he or she is preparing. A Myers-Briggs-type indicator and other assessments will be completed as pre-work. CURRICULUM The cohort will meet as a group for two
half days each month. Instructional Curriculum will be designed to include: -Leadership, Emotional Intelligence -Teambuilding, Collaboration -Ethics -Strategic Planning, Goal Setting,
Decision Making -Cultural Competence -Communication, Public speaking -Performance Management: coaching, discipline, conflict resolution -Time Management -Interviewing, Hiring -Employment
Law -Budgeting, Finance
I.M.P.A.C.T. DELRAY Individual Mentoring Program And Collaboration Team IMPACT Delray November 2010 Page 4 of 4 MENTORING PROGRAM Participants will be paired with a mentor who will be
outside of their division for the one year program Training will be conducted for both mentors and mentees to define the specific goals and expectations, including reporting, frequency
of meetings, outcome tracking, and feedback Mentor and mentee will meet a minimum of four hours each month. TEAM PROJECT By the third month of the program, the group will select an organizational
challenge to address. The cohort will serve as a cross-functional team charged with achieving a solution to the selected challenge. The project will be approved by the Executive Committee.
This capstone project will be presented to the City Commission at the end of the year. PROGRAM COMPLETION Successful completion of the program will require: -Passing grade on the post-test
-Satisfactory peer review -Satisfactory mentor review Certificates will be awarded to graduates by the Mayor at a City Commission meeting. The participants will receive a development
plan if they did not meet all criteria at the time of program completion. CONTINUATION Mentees will be encouraged to become mentors Graduates will meet quarterly as a Community of Practice
I.M.P.A.C.T. DELRAY Individual Mentoring Program And Collaboration Team Executive Summary The first IMPACT Delray was kicked off on June 7, 2011 with nine high-potential employees and
nine department heads who served as their mentors. The IMPACT initiative focused on three primary goals: develop leadership competencies, establish individual mentoring relationships
and create a collaboration team that would address a real issue facing the City and formulate a solution. LEADERSHIP COMPETENCIES IMPACT Delray met together for four hours on first and
third Tuesdays for one year. The first two hours were facilitated by Rick Caldwell, President of RCultures, Inc. Using teaching, case studies, exercises and open discussions, Rick built
competencies in leadership, communication, teambuilding, public speaking, cultural competence and managerial skills. The group grew together as a team and learned to share solutions
to common problems. The last half of each session was dedicated to exploring practical applications for what the group was learning with Rick. The group completed a study of the book
Switch: How to Change Things When Change is Hard by Chip Heath and Dan Heath, and attended a webinar by Dr. Henry Cloud about his book, Necessary Endings. A list of library books was
made available for optional readings: Emotional Intelligence by Daniel Goleman; Drive by Daniel Pink; 360 Degree Leadership by John Maxwell; Seven Habits of Highly Effective People by
Stephen Covey. IMPACT Delray attended seminars and webinars on management topics throughout the year. MENTORING Each mentee in IMPACT Delray was paired with a department head who volunteered
to participate in the program. Mentees and mentors received training in developing an effective mentoring relationship, along with a workbook to guide them. Mentees were encourgaged
to share their mentoring experiences with each other, which gave others ideas on how to enrich the relationship with their mentors. Mentors also met together periodically as a group
to share ideas. COLLABORATION TEAM The IMPACT Delray team members decided to address the issue of employee unity. They saw that employees were often divided into groups that were not
given the opportunity to interact with each other. And, solutions to many problems were expected to come from management. Team Delray was created to bring employees together annually
to brainstorm ideas and form a committee that would work to implement solutions. Team Delray 2012 has created a “zen garden” for employees to utilized during lunch breaks and they are
assisting Human Resources in designing a fitness room in City Hall.
“A team is a group of people who may not be equal in experience, talent, or education but in commitment.” – Patricia Fripp
VISION Team Delray provides an opportunity for City employees to be heard, to synergize and to break down barriers between departments and employee groups.
To create a structure that engages employees in the process of sharing ideas, designing solutions, and taking positive steps toward the goal of unity.
Mayor and City Commissioners City Manager & Department Heads SEIU Union Employees City of Delray Beach Civil Service Employees Police and Fire Union Employees
• ANNUAL EMPLOYEE ROUNDTABLES 1• WORKING COMMITTEES 2
The current Working Committee of Team Delray coordinates and facilitates the Roundtable sessions. Sessions last no more than 90 minutes. ANNUAL EMPLOYEE ROUNDTABLES Limit of 40 people
per session. All full-time, part-time, Civil Service, and union employees are invited, AND ENCOURAGED, to participate.
“What do you like about the City?” “What motivates you to do a good job?” “ What would you like to change?”
WORKING COMMITTEES Only full-time employees who are in Good Standing may participate on Working Committees. Each Committee selects a Chairperson The Chairperson periodically reports
the Committee’s progress to Department Heads.
Our First Working Committee! Perks & Incentives
Achieved! Employee ZEN GARDEN
In progress! Employee Fitness Room **This project is anticipated to be complete by August 2012.
Annual Employee Roundtables Working Committees Communication tools
Thank you from the I.M.P. A.C.T. Members: Charles Furment, IT Cheryl Hoaglund, Finance Desiree Kazakevicius, Fire Sharon L’Herrou, Police Maria C. Marino-Bollan, Police Scott Pape, Planning
& Zoning Nigel Roberts, Community Improvement Tim Simmons, Parks & Recreation Kimberly Wynn, City Clerk’s Office Special Thank You’s to: Dot Bast, Training & Development Manager Rick
Caldwell, RCultures, Inc. Bruce Koeser, Human Resources Director David T. Harden, City Manager All of our Mentors
MEMORANDUM TO: Mayor and City Commissioners FROM: Tamara Genius, Plan Reviewer Richard C. Hasko, P.E., Environmental Services Director THROUGH: David T. Harden, City Manager DATE: June
8, 2012 SUBJECT: AGENDA ITEM 8.A. -REGULAR COMMISSION MEETING OF JUNE 19, 2012 REQUEST FOR A SIDEWALK DEFERRAL /1205 PALM TRAIL ITEM BEFORE COMMISSION Deferral of sidewalk installation
in front of 1205 Palm Trail. BACKGROUND The subject property is a single family residential lot located on the east side of Palm Trail, north of George Bush Boulevard. Refer to attached
location map. Currently, there are no plans to install a sidewalk along the east side of Palm Trail in the vicinity of the subject residence; however there is a sidewalk on the west
side of Palm Trail. This item was approved by DSMG at the June 7, 2012 meeting. RECOMMENDATION Staff supports approval for a sidewalk deferral.
MEMORANDUM TO: Mayor and City Commissioners FROM: Tamara Genius, Plan Reviewer Richard C. Hasko, P.E., Environmental Services Director THROUGH: David T. Harden, City Manager DATE: June
5, 2012 SUBJECT: AGENDA ITEM 8.B. -REGULAR COMMISSION MEETING OF JUNE 19, 2012 REQUEST FOR A SIDEWALK DEFERRAL /960 DOGWOOD DRIVE ITEM BEFORE COMMISSION Deferral of sidewalk installation
in front of 960 Dogwood Drive. BACKGROUND The subject property is a single family residential lot located on the south side of Dogwood Drive, east of Boone Drive. Refer to attached location
map. Currently, there are no plans to install a sidewalk along the south side of Dogwood Drive in the vicinity of the subject residence. The deferral request was approved by DSMG at
the June 14, 2012 meeting. RECOMMENDATION Staff supports approval for sidewalk deferral.
MEMORANDUM TO: Mayor and City Commissioners FROM: Tamara Genius, Plan Reviewer Richard C. Hasko, P.E., Environmental Services Director THROUGH: Davis T. Harden, City Manager DATE: June
5, 2012 SUBJECT: AGENDA ITEM 8.C. -REGULAR COMMISSION MEETING OF JUNE 19, 2012 REQUEST FOR SIDEWALK DEFERRAL /926 BANYAN DRIVE ITEM BEFORE COMMISSION Deferral of sidewalk installation
in front 926 Banyan Drive. BACKGROUND The subject property is a single family residence located on the south side of Banyan Drive, east of Spanish Trail. Refer to attached location map.Currently,
there are no plans to install a sidewalk along the south side of Banyan Drive in the vicinity of the subject residence. The deferral request was approved by DSMG at the June 14, 2012
meeting. RECOMMENDATION Staff supports approval for sidewalk deferral.
MEMORANDUM TO: Mayor and City Commissioners FROM: Tamara Genius, Plan Reviewer Richard C. Hasko, P.E., Environmental Services Director THROUGH: David T. Harden, City Manager DATE: June
4, 2012 SUBJECT: AGENDA ITEM 8.D. -REGULAR COMMISSION MEETING OF JUNE 19, 2012 REQUEST FOR SIDEWALK DEFERRAL /936 HYACINTH DRIVE ITEM BEFORE COMMISSION Deferral of sidewalk installation
in front of 936 Hyacinth Drive. BACKGROUND The subject property is a single family residential lot located on the south side of Hyacinth Drive, east of Spanish Trail. Refer to attached
location map. Currently, there are no plans to install a sidewalk along the south side of Hyacinth Drive in the vicinity of the subject residence. The deferral request was approved by
DSMG at the June 14, 2012 meeting. RECOMMENDATION Staff supports approval for a sidewalk deferral.
MEMORANDUM TO: Mayor and City Commissioners FROM: Sharon L'Herrou, Administrative Officer Anthony W. Strianese, Chief of Police THROUGH: David T. Harden, City Manager DATE: June 13,
2012 SUBJECT: AGENDA ITEM 8.E. -REGULAR COMMISSION MEETING OF JUNE 19, 2012 LETTER OF SUPPORT-COUNTY JAG FUNDING ALLOCATION ITEM BEFORE COMMISSION The Police Department requests approval
for the Mayor to submit a letter in support of the County's recommended allocation of the County JAG funding (Justice Assistance Grant) for FY 12/13. BACKGROUND The Florida Department
of Law Enforcement (FDLE) has allocated $358,801 in funding to Palm Beach County. This funding is provided to FDLE from the United States Department of Justice, Annual Justice Assistance
Grant (JAG). In order to receive this funding, the units of government within Palm Beach County must provide majority support to the funding distribution and submit a letter so stating.
The proposed funding allocations are attached (in the letter of support). The City of Delray Beach expects to have some benefit from the proposed County Wide re-entry services which
will be provided. RECOMMENDATION The Police Department recommends approval.
MEMORANDUM TO: Mayor and City Commissioners FROM: Paul Dorling, Director of Planning and Zoning DATE: June 13, 2012 SUBJECT: AGENDA ITEM 8.F. -REGULAR COMMISSION MEETING OF JUNE 19,
2012 AGREEMENT/FDEP: BEACH RENOURISHMENT ITEM BEFORE COMMISSION The action requested of City Commission is that of approving the Department of Environmental Protection (DEP), Contract
No. 12PB1 between the City and the DEP for the state’s cost sharing of the Beach Renourishment Project. BACKGROUND The DEP Contract No. 12PB1 represents a project agreement between the
State and the City of Delray Beach for state cost sharing not to exceed $2,279,537. The contract represents the state’s reimbursement share (50% of the balance) after the federal commitment
of 56.33%. This contract will cover the state’s share of reimbursable tasks including preliminary and final engineering leading up to the 2012 fill event, as well as the construction
engineering, permit required monitoring, and fill placement. The modifications have been reviewed and approved as to legal sufficiency and form by the City Attorney. RECOMMENDATION By
motion, approve DEP Contract No. 12PB1 between the City of Delray Beach and the DEP for the state’s cost sharing of the ongoing Beach Renourishment Project.
MEMORANDUM TO: Mayor and City Commissioners FROM: Sharon L'Herrou, Administrative Officer Anthony W. Strianese, Chief of Police THROUGH: David T. Harden, City Manager DATE: June 13,
2012 SUBJECT: AGENDA ITEM 8.G. -REGULAR COMMISSION MEETING OF JUNE 19, 2012 BULLET PROOF VEST GRANT/DEPARTMENT OF JUSTICE ITEM BEFORE COMMISSION The Delray Beach Police Department requests
approval to submit an application to the Department of Justice’s Bulletproof Vest Program. The request is for the maximum allowable amount of $33,600 for 48 vests. This program covers
50% of the cost which amounts to $16,800. BACKGROUND The Delray Beach Police Department currently has a Bulletproof Vest Award with the Department of Justice (DOJ). This application
represents an opportunity to extend our current award program. Bulletproof vests are necessary life-saving equipment which Law Enforcement Agencies are required to procure. According
to the DOJ website, "The Bulletproof Vest Partnership (BVP) is a unique U.S. Department of Justice initiative designed to provide a critical resource to state and local law enforcement."
FUNDING SOURCE Matching funding for the City's 50% share of the cost ($16,800) was included in the FY 12/13 Budget request in account number 001-2115-521-52.27. RECOMMENDATION The Police
Department recommends approval.
MEMORANDUM TO: Mayor and City Commissioners FROM: R. Brian Shutt, City Attorney DATE: June 11, 2012 SUBJECT: AGENDA ITEM 8.H. -REGULAR COMMISSION MEETING OF JUNE 19, 2012 INTERLOCAL
AGREEMENT/COMMUNITY REDEVELOPMENT AGENCY ITEM BEFORE COMMISSION The item before the City Commission is an Interlocal Agreement between the City and the CRA for the funding of broadband
service (purchase of the radios and related equipment) in the NW/SW neighborhoods. BACKGROUND Attached is the proposed Interlocal Agreement for the funding of the purchase of the radios
and related equipment in order to provide free internet access in the NW/SW neighborhoods as part of the digital divide program. The CRA desires to contribute up to $135,000 to the City
to be used to fund the purchase of the necessary radios and equipment. RECOMMENDATION Staff recommends approval of the Interlocal Agreement.
MEMORANDUM TO: Mayor and City Commissioners FROM: R. Brian Shutt, City Attorney DATE: June 11, 2012 SUBJECT: AGENDA ITEM 8.I. -REGULAR COMMISSION MEETING OF JUNE 19, 2012 SUBLEASE AGREEMENT/CRA/CREAT
IVE CITY COLLABORATIVE OF DELRAY BEACH INC. ITEM BEFORE COMMISSION The item before the Commission is approval of a proposed sublease agreement between the CRA and the CCC regarding the
Old School Square Parking Garage retail space. BACKGROUND The City has an agreement with the CRA regarding the lease of a portion of the OSS retail space. This lease allows the CRA to
sublease the space upon obtaining the City’s permission. The attached sublease provides that it is subject to all of the terms and conditions of the lease agreement between the City
and the CRA. RECOMMENDATION Staff recommends approval of the sublease agreement between the CRA and the CCC.
MEMORANDUM TO: Mayor and City Commissioners FROM: Victor Majtenyi; Deputy Director of Public Utilities Richard C. Hasko, P.E.; Director of Environmental Services Department THROUGH:
David Harden; City Manager DATE: June 5, 2012 SUBJECT: AGENDA ITEM 8.J. -REGULAR COMMISSION MEETING OF JUNE 19, 2012 PAYMENT OF INVOICE/FPL ITEM BEFORE COMMISSION Approve payment to
Florida Power and Light in the amount of $37,998.80 for upgrading the electrical service relating to the Lift Station 100A Upgrade project, P/N 2011-041. BACKGROUND Lift Station 100A
is located at the northeast corner of Veteran’s Park, northeast of the shuffleboard courts. The station was built in the early 1990’s and has three 30-hp pumps. The station is presently
operating on 240 volt/3 phase electric power. On June 5, 2012, City Commission approved the award for the Wastewater Lift Station 100A Upgrade project to Intercounty Engineering, Inc.
as the lowest responsive bidder. The scope of work involves construction of a second wet well, purchase and installation of a new standby diesel generator, complete upgrade of the stations
electrical service, by-pass pumping, and associated site landscape and fencing upgrades. Associated with the Lift Station’s upgrade is Florida Power and Light’s requirement to upgrade
the electrical service to the station. The service will be upgraded from the existing power source to 480 volt/3 phase power source. This source of energy is more efficient and will
provide smoother operation of the three new 40-hp pumps. The scope of work consists of installing a new switchgear cabinet, pad mounted transformer, and associated wiring to the power
pole. FPL’s cost is $37,998.80. FUNDING SOURCE Funding will be from account 442-5178-536-69.29, Water and Sewer Renewal & Replacement Fund/Lift Station 100A Upgrade, in the amount $37,998.80,
after a budget transfer. RECOMMENDATION Staff recommends approval of payment to Florida Power and Light in the amount of $37,998.80 for the new upgraded electric service associated with
the Wastewater Lift Station 100A Upgrade project, P/N 2011-041.
MEMORANDUM TO: Mayor and City Commissioners FROM: Lula Butler, Director, Community Improvement THROUGH: David Harden -City Manager DATE: June 14, 2012 SUBJECT: AGENDA ITEM 8.K. -REGULAR
COMMISSION MEETING OF JUNE 19, 2012 AMENDED AGREEMENT/PBC/DRI3 PROGRAM ITEM BEFORE COMMISSION Approval of the amended Agreement between the City of Delray Beach and Palm Beach County
for $613,347 to provide for implementation of the Hurricane Hardening funded under the Disaster Recovery Initiative 3 (DRI3). BACKGROUND On July 14, 2010, the City Commission approved
an Agreement with Palm Beach County, Contract Number 08DB-D3-10-60-01-A07 for $800,000, for the purpose under the State of Florida-funded 2005 Disaster Recovery Initiative Program Supplemental
Appropriation funds to implement a housing rehabilitation program. This Agreement will reallocate $613,347 from Contract Number 08DB-D3-10-60-01-A07, originally budgeted for housing
rehabilitation activity, to Hurricane Hardening of Fire Station #1. This activity entails the repair and hardening of one Emergency Operation facility, which includes removal and replacement
of the flat roof, remove existing and install hurricane impact windows, replace perimeter doors and the installation of a new generator. FUNDING SOURCE Disaster Recovery Initiative 118-1960-554-49.19
(Reimbursable Grant) RECOMMENDATION Staff recommends approval of the amended Agreement between the City of Delray Beach and Palm Beach County in the amount of $613,347 for implementation
of the Hurricane Hardening activity funded under the Disaster Recovery Initiative 3 (DRI3) program.
MEMORANDUM TO: Mayor and City Commissioners FROM: Richard J. Reade, Sustainability Officer/Public Information Officer THROUGH: David T. Harden, City Manager DATE: June 14, 2012 SUBJECT:
AGENDA ITEM 8.L. -REGULAR COMMISSION MEETING OF JUNE 19, 2012 MEMORANDUM OF UNDERSTANDING/SOLID WASTE AUTHORITY (SWA)/AMERICAN BEVERAGE ASSOCIATION (ABA) ITEM BEFORE COMMISSION Request
the City Commission to authorize the City’s participation in a Pilot Public Space Recycling Program with the American Beverage Association (ABA). BACKGROUND Recently, the City of Delray
Beach was presented with an opportunity to participate in a national Pilot Program to assist in documenting current public space recycling practices and to contribute to the development
of national policy recommendations to increase this method of recycling. The Pilot Project, which is being conducted by the American Beverage Association (ABA), who is represented by
StewardEdge USA, would contribute to the City’s green and sustainable efforts in promoting public and commercial recycling within our community. If approved, the City of Delray Beach
would be the first community to enter into this Pilot Program, which will include various other communities within Palm Beach County. Some of the project goals for this Pilot project
include: • Measure and improve public space recycling performance • Measure the contamination rate of non-recyclables in the recycling stream pre-and postimplementation • Measure the
increased rate of recycling achieved by measuring the pre-and postimplementation recycling rates achieved in each selected host jurisdiction • Create an effective, attractive, and sustainable
recycling system for beverage containers generated in the public space for each host jurisdiction • Identify current recycling and disposal behaviors • Integrate the messaging with the
communications related to host jurisdiction residential recycling programs • Document capital and operating costs of the pilots • Create opportunities for the public to recycle their
beverage containers to reduce the amount of litter • In consultation with relevant authorities from each host jurisdiction, identify and demonstrate
the use of functional and aesthetically pleasing recycling receptacles • Increase public awareness of the opportunities and convenience of recycling in the host jurisdictions By participating
in this six (6) month Pilot Program, the City will receive, at no charge, 20 or more recycling receptacles that will be located near the City’s beach and in the downtown core. The City
will be responsible for the upkeep (i.e., cleaning) of the containers, however, the ABA shall be responsible for any and all repairs and replacement of the containers. At the completion
of this Pilot Project, all of the recycling receptacles that are utilized by the City within this Pilot Project will be donated to the City. With regards to the collection of these containers,
Waste Management Inc. of Florida has agreed to collect these additional containers and provide all recycling collection data to the project manager at no cost to the City. This agreement
will be formally presented to the City Commission as an amendment to the City’s Solid Waste & Recycling Collection Franchise Agreement later this year when the new, proposed collection
rates are presented to the Commission. StewardEdge, representing the American Beverage Association, will be responsible for providing all project management and technical assistance
throughout the term of the project and the Solid Waste Authority will be responsible for assisting with promoting the pilot recycling program. RECOMMENDATION Recommend the City Commission
approve the Memorandum of Understanding with the American Beverage Association and authorize the City to enter into the Pilot Public Space Recycling Program.
MEMORANDUM OF UNDERSTANDING The American Beverage Association (ABA) has contracted with StewardEdge USA, Inc. to implement a pilot public space recycling program in Palm Beach County.
The Palm Beach County Solid Waste Authority (SWA) has agreed to assist StewardEdge in the identification of up to eight (8) sites within the County for participation in the pilot. The
City of Delray Beach (City) has agreed to participate in this pilot program. WHEREAS, all parties desire to participate in this proposed pilot program in order to document and improve
recycling performance in public spaces. NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereby agree as
follows: 1. The Parties agree as follows: Project goals that the American Beverage Association seeks to achieve through this pilot are as follows: • Measure and improve public space
recycling performance; • Create an effective, attractive, and sustainable recycling system for beverage containers generated in the public space for each host jurisdiction; • Create
opportunities for the public to recycle their beverage containers to reduce the amount of litter; • In consultation with relevant authorities from each host jurisdiction, identify and
demonstrate the use of functional and aesthetically pleasing recycling receptacles; • Increase public awareness of the opportunities and convenience of recycling in the host jurisdictions.
Specific objectives for this project include to: • Identify current recycling and disposal behaviors; • Assess recycling systems already in place including measurement of baseline volumes
of beverage containers being recycled and landfilled from an identified set of public space locations; • Integrate the messaging with the communications related to host jurisdiction
residential recycling programs; • Document capital and operating costs of the pilot; • Recommend recycling collection receptacle signage options; • Measure the contamination rate of
non-recyclables in the recycling stream postimplementation; • Measure the increased rate of recycling achieved by measuring the pre-and post-implementation recycling rates achieved in
each selected host jurisdiction.
2 The role of the American Beverage Association will be to: • Provide at no charge to each participating municipality up to 20 recycling receptacles, mutually selected by the municipality
and ABA, but not to exceed $600.00 per receptacle, to be located on municipal property, in locations determined by the municipality and agreed to by ABA, and donated to the municipality
upon completion of the pilot; • Provide signage for the recycling receptacles also to be donated to each host municipality prior to commencement of the pilot; • Promote public use of
the recycling receptacles. The role of StewardEdge will be to: • Serve as the ABA’s representative in all manners pertaining to the pilot project; • Provide project management and technical
assistance for the pilot project; • Perform pre-and post-start waste and recyclables audits; • Share the audit data with each municipality as well as the Palm Beach County SWA; • Prepare
a concise final report on overall project results including pre-and postproject recycling results. The role of each host municipality will be to: • Participate in the identification
of sites for each recycling receptacle and selection of the receptacles to be provided by the ABA; • Assist with promotion, using available recycling program and other communication
channels as appropriate; • Install the recycling receptacles at each site; • Service the receptacles in a timely fashion for the duration of the pilot and provide information to StewardEdge
on pounds of materials recycled; • Continue to service the recycling receptacles after the ABA pilot period ends; and • Authorize the ABA to publicize the pilot and associated results
so that other jurisdictions can benefit from the key learnings. The City will have an opportunity to review promotion and marketing materials (i.e., press releases, announcements, etc.)
prior to distribution. The role of the Palm Beach County Solid Waste Authority will be to: • Assist with obtaining the support and approval of local jurisdictions to participate in the
program; • Assist with selecting and siting receptacles in up to eight (8) sites in Palm Beach County; • Provide assistance in transporting waste and recyclable material that will be
characterized during the pre-and post-start audit;
3 • Provide a location for the audit sorting work to be performed; • Assist with promoting the pilot recycling program. 2. The Parties understand and agree that the City’s solid waste
vendor will collect the recyclable materials and that in the event the vendor is unable and/or unwilling to make these collections, the City’s involvement in this MOU shall then immediately
terminate, unless otherwise agreed to by the City. 3. The pilot program will begin only after the City amends it current Franchise Agreement with its waste hauler to ensure that all
collections, monitoring, reporting and disposal related to this Pilot program will be completed by the City’s waste hauler. 4. The pilot program will last for approximately six (6) months
from the date of receptacles installation. The City is entering into this agreement with the good faith intention of establishing and continuing this public space recycling program.
However, the City may terminate its involvement in this MOU with or without cause upon 30 days notice to StewardEdge USA, Inc. If the City terminates its involvement in the program prior
to the expiration of the six (6) month period, ABA shall have the right to retain ownership of the recycling containers. 5. For the duration of the pilot program, the ABA shall own the
containers and shall be responsible for any and all repairs and replacement of the containers. The City will provide upkeep (i.e., cleaning) of the containers. If the ABA fails to properly
repair and replace the containers, as determined by the City, then the City shall have the right to remove the containers without replacement. If the ABA fails to collect the removed
container from the City within 10 days after being notified by the City, the City may dispose of the container at its discretion. 6. At the completion of the pilot program, the City
may or may not, at its discretion continue to provide public recycling as provided within this program. The City will retain the ownership of all recycling bins donated by the ABA through
this Memorandum of Understanding. 7. No party will be liable for, or have any obligation to defend any other parties against claims, suits, judgments or damages, including court costs
or attorney’s fees, arising out of the negligent acts of the other party, it being agreed that each party is responsible for its own actions or failure to act. 8. The Laws of the State
of Florida shall govern and venue shall be in Palm Beach County. The Parties agree to comply with the terms of this Memorandum of Understanding.
4 Witness: STEWARDEDGE on behalf of ABA ____________________________ By:___________________________ _______________________ Date:__________________________ ATTEST: CITY OF DELRAY BEACH,
FLORIDA ______________________________ By:____________________________ City Clerk David T. Harden, City Manager Approved as to Form: Date:__________________________ ______________________________
City Attorney
MEMORANDUM TO: Mayor and City Commissioners FROM: Richard J. Reade, Sustainability Officer/Public Information Officer THROUGH: David T. Harden, City Manager DATE: May 11, 2012 SUBJECT:
AGENDA ITEM 8.M. -REGULAR COMMISSION MEETING OF JUNE 19, 2012 RESOLUTION NO. 24-12/INTERLOCAL AGREEMENT/THE FLORIDA GREEN FINANCE AUTHORITY/TOWN OF LANTANA/TOWN OF MANGONIA PARK: P.A.C.E.
ITEM BEFORE COMMISSION Resolution No. 24-12, authorizing an Interlocal Agreement with the Town of Lantana and the Florida Green Finance Authority to administer and implement a micro-loan
program that enables property owners to voluntarily finance energy efficiency improvements to be repaid through a non-ad valorem assessment on their annual property tax bill. BACKGROUND
In 2010, the Florida Legislature approved F.S. Section 163.08 authorizingthe creation of Property Assessed Clean Energy (PACE) programs and authorizing local governments in Florida to
either form programs individually or in partnership with other local governments, to allow property owners to voluntarily finance the installation of renewable energy, energy efficiency
improvements and wind resistance improvements on residential, commercial and industrial buildings. By voluntarily participating in this program, property owners pay an assessment over
the functional life of the improvement as an on-going assessment on property tax bills (up to 20 years). PACE is unique because it: * Creates desperately needed local jobs * Uses private
capital, not taxes or government subsidies * Saves money for building owners and increases property values * Is voluntary – not a government mandate * Promotes energy security without
driving up energy costs * Avoids the need to build costly new power plants
* Is transferable to subsequent property owners upon sale The City of Delray Beach has been provided with the opportunity to participate in the “Florida Green Energy Works” PACE program,
which was developed by the Town of Lantana with stimulus grant funding that was received by the Greater Lake Worth (now Central Palm Beach) and Greater Boynton Beach Chambers of Commerce.
In an effort to provide an administrative entity and to streamline program costs (Cities would not be required to create their own individual PACE programs), the Florida Green Finance
Authority was developed by the participating cities. The Authority was formed by Interlocal agreement as a separate legal entity and pursuant to Florida law and will serve as the financing
agency, thus there is no obligation for City financing or contributions. Essentially, this program is a voluntary micro-loan program that enables property owners to finance qualified
energy conservation improvements within their property(ies) that they may otherwise not be able to afford. After the applicant goes through an approval process and receives financing,
they hire their own contractor and complete the project. Following this process, the Palm Beach County Property Appraiser will levy a non-ad valorem assessment on this property to repay
the financing through the annual property tax bill. Even though the property owner’s taxes increase from the voluntary non-ad valorem assessment, the end result is that the property
owner will realize reduced monthly utility bills that would assist in repaying/offsetting the loan. In addition, all costs are tied to the property, thus, if sold, the non-ad-valorem
assessment will continue with the property until all costs are paid. If the City were to participate in this program, there would be a number of expected benefits, including: * Promotes
Green and Sustainability within City * Provides long term and safe financing for property owners to develop energy and water efficiency improvements that they may otherwise not be able
to afford * Promotes and funds economic development opportunities and activities * Increase jobs * Increase in building and construction permits and fees – higher City revenues * Increase
in property valuations and ad-valorem revenues * Increase in Tax Increment Financing (TIF) funding * Reduce environmental impacts (i.e., Greenhouse Gas Emissions) generated within City
* No City staff requirement * No cost to the City to participate in the program At this time, due to issues related to residential lending requirements, the proposed PACE program would
initially provide funding to commercial properties only. However, residential properties will be eligible to participate in this program once these federal residential lending issues
are resolved. By entering into this program, the City would not be required to provide any City staff or funding provided the City remains a member for at least 2 consecutive years.
Please note that if the City were to opt out of the program prior to the completion of 2 years, a fee of not more than $17,500 (pro-rated if opt-out occurs during the second year) will
be applied.
To date, the Florida Green Energy Works includes three (3) local municipalities – the Town of Lantana, the Town of Mangonia Park and the City of West Palm Beach. In addition, a number
of local governments within Palm Beach County and around the state are considering a PACE program for their community. Joining this PACE program would assist in stimulating economic
activity and serve to meet a core recommendation in developing a comprehensive Economic Development program within the City. In fact, this tool would contribute to the Delray Beach Economic
Development Fund and serve as a sustainabililty incentive(s) for new and existing businesses. The Florida Green Energy Works PACE program would enable the City to meet the Green Task
Force's recommendation to "Develop Incentives for Green Redevelopment" (2009 Recommendations Report). RECOMMENDATION Recommend that the City Commission approve Resolution No. 24-12 authorizing
the City to enter into the Florida Green Energy Works program, which will make PACE financing options available to commercial property owners located in the City of Delray Beach.
RESOLUTION NO. 24-12 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, EXPRESSING THE CITY’S SUPPORT AND INTENTION TO CREATE WITHIN THE CITY, THE “FLORIDA GREEN
ENERGY WORKS PROGRAM” A VOLUNTARY PROGRAM PROVIDING INTERESTED PROPERTY OWNERS WITH THE OPPORTUNITY TO FINANCE ENERGY EFFICIENCY IMPROVEMENTS ON THEIR PROPERTY BY REPAYMENT THROUGH NON-AD
VALOREM ASSESSMENTS ON THEIR PROPERTY TAX BILL; AUTHORIZING THE MAYOR OF DELRAY BEACH TO EXECUTE AN INTERLOCAL AGREEMENT WITH THE FLORIDA GREEN FINANCE AUTHORITY FOR ADMINISTRATION OF
THE FLORIDA GREEN ENERGY WORKS PROGRAM IN THE CITY OF DELRAY BEACH; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. WHEREAS, home and business energy consumption accounts for a
large portion of the overall usage of energy in a community; and WHEREAS, there is a vast quantity of existing structures with many years of remaining life before replacement, and these
structures are not as energy efficient as today’s standards, nor do many existing buildings have renewable energy systems installed to provide some or all of their electric energy needs
and many buildings are in need of improvements to protect them against damage from storm events; and WHEREAS, installing energy efficiency, renewable energy and wind resistance improvements
on existing structures can provide significant progress towards increased energy conservation and protection of properties in the City and statewide; and WHEREAS, the upfront costs of
these improvements are a hurdle to installing them and existing financing options may be insufficient for property owners to access cost-effective financing for energysaving or wind-resistance
property improvements due to requirements associated with traditional debt or equity financing options; and WHEREAS, the expected life of energy efficiency, renewable energy or wind
resistance projects may require a longer term payback period than offered by traditional financing, which may necessitate alternative options to fund installation of the improvements;
and WHEREAS, local governments within Florida and nationally have either formed, or are contemplating the formation of, programs to provide alternative financing options allowing a property
owner to voluntarily finance energy efficiency and renewable energy improvements through non-ad valorem assessments repaid through their property taxes; and
2 RES. NO. 24-12 WHEREAS, the State of Florida has declared it the public policy of the State to develop energy management programs aimed at promoting energy conservation and protecting
properties from wind damage; and WHEREAS, the financing provided to these participating property owners will be repaid though non-ad valorem assessments levied on their property tax
bills and only those property owners who want to participate will be levied the assessments; and WHEREAS, the benefits of these energy financing programs include improved air quality,
lowered fossil fuels use, creating energy independence and security, promoting the creation of jobs and economic development by stimulating “green industries” and saving citizens money
by reducing energy consumption; and WHEREAS, Section 163.08, F.S. authorizes local governments in Florida to either form individually, or in partnership with other local governments,
programs to allow property owners to voluntarily finance energy efficiency, renewable energy or wind resistance improvements; and WHEREAS, the Town of Lantana has formed the Florida
Green Energy Works program which is an energy financing program created pursuant to Section 163.08, F.S.; and WHEREAS, other local governments in the State are able to partner in the
Florida Green Energy Works program by executing an Interlocal Agreement creating the Florida Green Finance Authority to administer the program, thus eliminating the costs and reducing
the efforts to form an energy financing program by individual local governments; and WHEREAS, the Florida Green Finance Authority is already creating the financing, levy and collection
process to implement the Florida Green Energy Works program through the local government partners; and WHEREAS, the Florida Green Energy Works program will provide significant benefits
including property owner cost savings, enhancing property values, economic development and job opportunities and the City of Delray Beach believes that it is in the best interests of
the health, safety and welfare of its citizens to participate in the program and authorize the City Manager and City Attorney to finalize the Interlocal Agreement creating the Florida
Green Finance Authority and begin the steps to create the Florida Green Energy Works program in the City of Delray Beach. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, THAT: Section 1. The above declarations are true and accurate, and are incorporated herein. Section 2. The City Commission of Delray Beach, a municipal
corporation, hereby authorizes
3 RES. NO. 24-12 participation in the Florida Green Finance Authority to implement the Florida Green Energy Works program. Section 3. The City Commission hereby directs the City Manager
and City Attorney to finalize the Interlocal Agreement with the Florida Green Finance Authority, and further authorizes the Mayor of Delray Beach to execute the Interlocal Agreement
on behalf of the City. Section 4. The City Commission hereby directs that the City Manager and City Attorney to begin creating the levy and collection process for the voluntary non-ad
valorem assessments with the Florida Green Finance Authority and Palm Beach County Property Appraiser and Tax Collector. Section 5. This Resolution shall take effect immediately upon
adoption. PASSED AND ADOPTED in regular session on the ___ day of _______________, 2012. _____________________________________ M A Y O R ATTEST: _______________________________ City
Clerk
1 INTERLOCAL AGREEMENT BETWEEN THE FLORIDA GREEN FINANCE AUTHORITY, THE TOWN OF LANTANA, AND THE TOWN OF MANGONIA PARK This Interlocal Agreement (the “Agreement”) is entered into between
the Town of Lantana, Florida, a Florida municipal corporation ("Lantana") and the Town of Mangonia Park, Florida, a Florida municipal corporation, ("Mangonia Park") (together the “Originating
Parties”); and the Florida Green Finance Authority (the “Authority”). RECITALS WHEREAS, Section 163.01, F.S., the “Florida Interlocal Cooperation Act of 1969,” authorizes local government
units to enter into interlocal agreements for their mutual benefit; and WHEREAS, the Lantana and Mangonia Park desire to enter into this Interlocal Agreement in order to establish the
Florida Green Finance Authority as a means of implementing and financing a qualifying improvements program for energy conservation and efficiency improvements, and to provide additional
services consistent with law; and WHEREAS, Section 163.08, F.S., provides that a local government may finance “qualifying improvements,” including the type of improvements sought to
be provided through this Agreement, via the levy and collection of voluntary non-ad valorem assessments on improved property; and WHEREAS, Sections 170.01, and 170.201, F.S. provide
for supplemental and alternative methods of making local municipal improvements, including the type of “qualifying improvements” sought to be provided by this Agreement; and WHEREAS,
pursuant to Sections 163.08, 170.01, and 170.201, F.S. and this Agreement, Lantana has created a “qualifying improvements” program entitled “Florida Green Energy Works”; and WHEREAS,
Section 163.01(7), F.S., allows for the creation of a “separate legal or administrative entity” to carry out the purposes of an interlocal agreement for the mutual benefit of the governmental
units, and provide for parties to the agreement to administer the agreement; and WHEREAS, pursuant to Section 163.01(4), F.S. a public agency of this state may exercise jointly with
any other public agency of the state, any power, privilege or authority which such agencies share in common and which each might exercise separately, and the Parties to this Agreement
have legislative authority over property within their jurisdictional boundaries; and
2 WHEREAS, Section 166.021, F.S., authorizes Lantana and any other municipalities to exercise any power for municipal purposes, except when expressly prohibited by law, and Section 125.01
F.S. grants counties the power to carry on county government to the extent not inconsistent with general or special law; and WHEREAS, Section 163.08, F.S., provides that property retrofitted
with energy-related “qualifying improvements” receives a special benefit from reduced energy consumption, benefits from the reduced potential for wind damage and assists in the fulfillment
of the state’s energy and hurricane mitigation policies; and WHEREAS, the Lantana and Mangonia Park have determined that it is necessary and appropriate to establish various obligations
for future cooperation between Lantana, Mangonia Park, the Authority and all other local governments that execute this Interlocal Agreement (each a “Party”) thereby becoming members
of the Authority related to the financing of qualifying improvements within the Authority; and WHEREAS, Lantana shall administer this Interlocal Agreement; and WHEREAS, Lantana and Mangonia
Park have determined that it shall serve the public interest to enter into this Agreement to make the most efficient use of their powers by enabling them to cooperate on a basis of mutual
advantage to provide for the financing of qualifying improvements within the Authority. NOW, THEREFORE, in consideration of the terms and conditions, promises and covenants hereinafter
set forth, the Originating Parties agree as follows: Section 1. Recitals Incorporated. The above recitals are true and correct and are hereby incorporated herein. Section 2. Purpose.
The purpose of this Agreement is to provide the most economic and efficient means of implementing a financing program for qualifying improvements on property owners’ lands within the
Authority’s Service Area and to provide additional services consistent with state law. Section 3. Creation of the Authority. By execution of this Interlocal Agreement there is hereby
created, pursuant to Section 163.01, F.S. and Section 163.08, F.S., the Florida Green Finance Authority (“the Authority”), a separate legal entity and public body with all of the powers
and privileges as defined herein. Section 4. Legal Authority/Consent to Serve the Authority. The Authority shall have all the powers, privileges and authority as set forth below and
as provided by Chapter 163, F.S., as necessary to accomplish the purposes set forth in this Agreement. By resolution of the governing bodies of the Originating Parties, all powers available
to the Authority under this Agreement and general law, including but not limited to, Chapters 163, 170, 189 and 197, F.S. may be implemented by the Authority within the jurisdictional
boundaries of the Originating Parties. The Originating Parties do hereby consent and agree to levy and collect voluntary non
3 ad valorem assessments on properties, either individually or collectively as permitted by law, within their respective jurisdictions in accordance with the purposes of this Agreement
and applicable law, to be repaid to the Authority. The Originating Parties also delegate the power to levy and collect voluntary non-ad valorem assessments on properties within their
jurisdictions as may be permitted by law. The Authority shall not act, provide its services or conduct its activities within any Party’s jurisdiction without the execution of this Agreement.
Section 5. Definitions. a. “Authority Board” shall be the governing body of the Authority, comprised of representatives from all Parties as defined herein. b. “Florida Green Energy Works
Program” is the qualifying improvements program authorized by Section 163.08, F.S., developed by the third party administrator for Lantana and other Parties who elect to participate.
c. “Interlocal Agreement” or “Agreement” is defined as this Agreement including any amendments and supplements executed in accordance with the terms herein. d. “Originating Parties”
include the Florida local governments (as defined by Section 163.08, F.S.) that are the original signatories to this Agreement. These are the Towns of Lantana and Mangonia Park. e. “Participating
Property Owner” is defined as a property owner whose property is located within the Service Area of the Authority and has voluntarily acquired financing from the Authority. f. “Parties”
are any Florida local government (as defined by Section 163.08, F. S.) having the power to enter into interlocal agreements and which may, subject to the provisions of this Agreement,
join in the efforts and activities provided for by this Agreement pursuant to Section 163.01, F.S. Any local government joining these efforts after the initial execution of this Agreement
shall be known as a “Party”. To be a Party, a local government shall execute the Signatory Page attached as Exhibit B to this Agreement, which Signatory Page shall supplement and amend
this Agreement. g. “Qualifying Improvements” are as defined in Section 163.08, F.S. in addition to any other improvements or services not inconsistent with state law. h. “Service Area”
shall mean the geographic area comprising all of the areas within the Florida Green Finance Authority as that area may be expanded or contracted in accordance with the provisions of
this Agreement and the laws of the State of Florida. Section 6. Representation on the Authority Board. The Originating Parties, and all subsequent Parties upon joining the Authority
through execution of this Agreement, shall be represented by a member of the Authority Board as provided in Section 10 of this Agreement. Section 7. Authority Boundaries and Service
Area. The boundaries of the Authority shall be the legal boundaries of the local governments that are Parties to this Agreement. This is also the Authority’s Service Area. Section 8.
Role of the Authority. As contemplated in this Agreement, the Authority will uniformly facilitate and assist the Originating Parties and all subsequent Parties with any
4 necessary actions to levy and collect voluntary non-ad valorem assessments, or other legally authorized form of collection, on the benefitted properties within the Authority’s Service
Area to secure the repayment of costs of qualifying improvements for those individual properties participating in the Florida Green Energy Works Program. Upon approval by the Authority
of an application by a landowner desiring to benefit their property, those properties receiving financing for Qualifying Improvements shall be assessed from time to time, in accordance
with the applicable law and/or financing documents. Notwithstanding a local government’s termination of participation within this Agreement, those properties that have received financing
for Qualifying Improvements shall continue to be a part of the Authority, until such time that all outstanding debt has been satisfied and the special assessments shall continue to be
levied until paid in full for the applicable benefitted property. Section 9. Powers of the Authority. The Authority shall exercise any or all of the powers granted under Sections 163.01,
and 163.08, F.S., as well as powers, privileges or authorities which each local government might exercise separately, as may be amended from time to time, which include, without limitation,
the following: a. To finance qualifying improvements within the Authority Service Area and to facilitate additional improvements or services consistent with law; including, but not limited
to, acquiring, constructing, managing, maintaining or operating buildings, works or improvements; b. To make and enter into contracts in its own name; c. To enter into any interlocal
agreement as necessary to exercise powers conferred by law; d. To appoint committees to assist with implementation of this Agreement; e. To employ agencies, employees, or consultants;
f. To acquire, hold, lease or dispose of real or personal property; g. To borrow money, incur debts, liabilities, or obligations which shall not constitute the debts, liabilities, or
obligations of the Originating Parties or any of the Parties to this Agreement; h. To levy and collect assessments, or assist in the levy and collection of assessments, either as the
Authority or on behalf of an Originating Party or subsequent Party as permitted by law; i. To adopt resolutions and policies prescribing the powers, duties, and functions of the officers
of the Authority, the conduct of the business of the Authority, and the maintenance of records and documents of the Authority; j. To maintain an office at such place or places as it
may designate within the Service Area of the Authority or within the boundaries of an Originating Party or a subsequent Party; k. To cooperate with or contract with other governmental
agencies as may be necessary, convenient, incidental, or proper in connection with any of the powers, duties, or purposes authorized by Section 163.08, F.S., and to accept funding from
local and state agencies; l. To exercise all powers necessary, convenient, incidental, or proper in connection with any of the powers, duties, or purposes authorized in Section 163.08,
F. S.; m. To create and adopt any and all necessary operating procedures, policies, manuals or bylaws;
5 n. To maintain insurance as the Authority deems appropriate; o. To apply for, request, receive and accept gifts, grants, or assistance funds from any lawful source to support any activity
authorized under this Agreement; and p. To exercise any powers or duties necessary to address carbon or renewable energy credits, or any other similar commodity that may come into existence,
for the public benefits of the program. Section 10. Authority Board. The Authority shall be governed by a seven (7) member Board of Directors which shall include one Director appointed
by the governing body of each Originating Party plus five (5) additional Directors. To assure geographical representation across the State, the Authority seeks to appoint one (1) Director
from the boundaries of each of the five (5) water management districts as defined in Chapter 373, F.S. Only Parties, through their governing bodies, may appoint representatives to serve
as an Authority Board Director. Originating Party representatives serve an initial four (4) year term commencing upon execution of this Agreement, and subsequent terms as further set
forth in subparagraphs a. and b. of this section. The remaining five (5) Directors will each be appointed by the governing body of the first Party from each requisite water management
district boundary area that joins the Authority through execution of this Agreement and that desires to serve as a Director. Upon execution of this Agreement by such a Party, the term
of its appointed Director shall commence for an initial term of three (3) years, and subsequent terms as further set forth in subparagraphs a. and b. of this section. Thereafter, any
Party may submit one nominee to serve as an Authority Board Director for any given term. a. Prior to the appointment of the full Authority Board as set forth above, and for purposes
of the first organizational meeting(s), the Authority Board shall be comprised of representatives appointed by the governing bodies of the two (2) Originating Parties. Actions taken
in this interim period shall be by unanimous consent and shall be binding on the Authority pursuant to the adoption of resolutions which do not require an in-person meeting, but which
must be ratified by a majority vote of the Authority Board Directors in the next regularly scheduled meeting. All actions enumerated in paragraph c. of this section, as well as any other
actions necessary to initiate the operation of the Authority may be taken during this interim period. b. The Town Manager of Lantana, or designee, shall serve as the Chair of the Authority
Board for the initial four (4) year term. The Mangonia Park representative shall serve as Vice Chair of the Authority Board for the initial four (4) year term. Upon the conclusion of
the initial terms as set forth above, the Authority Board shall annually select directors and appoint its Chair, Vice Chair and Secretary, each of which shall then serve one (1) year
terms. The appointment of Authority Board Directors and officers shall take place at the first regular Authority meeting of the year. The Chair shall preside at meetings of the Authority,
and shall be recognized as head of the Authority for service of process, execution of contracts and other documents as approved by the Authority. The Vice Chair shall act as Chair during
the absence or disability of the Chair. The Secretary shall keep all meeting minutes and a record of all proceedings and acts of the Board. Minutes shall be distributed to all Directors
and Parties in a reasonable time period after the subject meeting.
6 c. The Authority Board shall act as the governing body of the Authority and shall have, in addition to all other powers and duties described herein, the following powers and duties:
1. To fix the time, and determine policies and orders of business for meetings, the place or places at which its meeting shall be held, and as set forth herein, to call and hold special
meetings as may be necessary. 2. To make and pass policies, regulations, resolutions and orders not inconsistent with the Constitution of the United States or of the State of Florida,
or the provisions of this Agreement, as may be necessary for the governance and management of the affairs of the Authority, for the execution of the powers, obligations and responsibilities
vested in the Authority, and for carrying into effect the provisions of this Agreement. 3. To adopt bylaws and rules of procedure, or amend those that may be initially adopted by the
Originating Parties. 4. To fix the location of the principal place of business of the Authority and the location of all offices maintained thereunder. 5. To create any and all necessary
offices in addition to Chair, Vice-Chair and Secretary; to establish the powers, duties and compensation of all employees or contractors; and to require and fix the amount of all non-ad
valorem assessments and/or fees necessary to operate the Florida Green Energy Works Program. 6. To select and employ such employees and executive officers as the Authority Board deems
necessary or desirable, and to set their compensation and duties. 7. To employ or hire such attorneys as it deems appropriate to provide legal advice and/or legal services to the Authority,
and to employ and hire such other consultants as it deems appropriate through any procedure not inconsistent with law. 8. As applicable and available, nothing herein shall limit the
Authority’s ability to pursue actions or remedies pursuant to Chapter 120, F.S. d. Any Director may resign from service upon providing written notice pursuant to Section 27 of this Agreement,
to the Authority Board Secretary. Such notice shall state the date said resignation shall take effect. Any Director who resigns shall be replaced in the same manner that the resigning
Director was selected. Any resigning Director shall immediately turn over and deliver to the Authority Board Secretary all records, books, documents or other property in their possession
or under their control which belongs to the Authority. Directors are encouraged to provide a minimum of 30 days notice so that a successor can be properly appointed; however, any Director
who must resign immediately upon extenuating circumstances shall be succeeded by an interim Director by majority vote of the Authority Board until such time as a permanent successor
can be seated. e. Any Authority Board Director who is absent for three (3) consecutive Authority Board meetings, unless otherwise excused by the Chair, shall be deemed to have resigned
from the Authority Board. f. Authority Board Directors shall serve without compensation for the first year after the establishment of the Authority pursuant to this Agreement. Thereafter,
7 Authority Board Director compensation may be set by a unanimous vote of the Directors of the Authority Board in a manner and at such amounts as is consistent with applicable law. Travel
expenses for Authority Board Directors shall be reimbursed as permitted by Florida law. Section 11. Meetings of the Authority Board. a. Within thirty (30) calendar days of the creation
of the Authority, or sooner if feasible, the Originating Parties shall hold an organizational meeting to elect officers and perform other duties as required under this Agreement. b.
Prior to the beginning of each fiscal year (October 1), on a date, place and time as determined by the Authority Board, there shall be an Annual Meeting of the Authority. The annual
statements shall be presented, and any other such matter as the Authority Board deems appropriate may be considered. c. The Authority Board shall have regular, noticed, quarterly meetings
at such times and places as the Authority Board may designate or prescribe. In addition, special meetings may be called, from time to time, by the Authority Board Chair, or by a majority
vote of the Authority Board. A minimum of 24 hours notice to the public and all Authority Board Directors shall be given for any special meetings. d. In the absence of specific rules
of procedure adopted by the Authority Board for the conduct of its meetings, the fundamental principles of parliamentary procedure shall be relied upon for the orderly conduct of all
Authority Board meetings. Section 12. Decisions of the Authority Board. A quorum of the Authority Board shall be required to be present at any meeting in order for official action to
be taken by the Board. A majority of all Authority Board Directors shall constitute a quorum. It is the desire and intent of this Agreement that decisions made by the Authority Board
shall be by consensus of the Board. However, if a consensus is not achievable in any particular instance, then a majority vote of the quorum of the Authority Board shall be required
to adopt any measure or approve any action, unless otherwise provided herein. Section 13. Authority Staff and Attorney. a. The Authority’s administrative functions shall be carried out
by Lantana and its consultants, and shall include all duties necessary for the conduct of the Authority’s business and the exercise of the powers of the Authority as provided in Section
163.01 and Section 163.08, F.S. b. The law firm that serves as the General Counsel for Lantana shall also serve as the General Counsel to the Authority. After the Authority has been
operating for four (4) years, the Authority may opt to hire different Authority staff and/or general counsel. Section 14. Authorized Official. The Authority Board Chair shall serve as
the local official or designee who is authorized to enter into a financing agreement, pursuant to Section 163.08(8), F.S., with property owner(s) who obtain financing through the Authority.
8 Section 15. Subsequent Parties. Recognizing the benefit that the formation of the Authority will provide to all Florida local governments, the Originating Parties to this Agreement
support and encourage the participation of subsequent Parties as contemplated herein. Section 16. Funding the Initial Program. Funding for the Authority shall initially be from grant
funds or other funds acquired by the Originating Parties and/or subsequent Parties. For the initial establishment of the Authority, contributions can be made to the Authority as permitted
by law. Section 17. Debts of the Authority are Not Obligations of any Parties. Pursuant to Section 163.01(7), F.S. the Authority may exercise all powers in connection with the authorization,
issuance, and sale of bonds or other legally authorized mechanisms of finance. However, any debts, liabilities, or obligations of the Authority do not constitute debts, liabilities or
obligations of the Originating Parties or any subsequent Party to this Agreement. Section 18. Annual Budget. a. Prior to the beginning of the Authority’s fiscal year, the Authority Board
will adopt an annual budget. Such budget shall be prepared in the manner and within the time period required for the adoption of a tentative and final budget for state governmental agencies
pursuant to general law. The Authority’s annual budget shall contain an estimate of receipts by source and an itemized estimation of expenditures anticipated to be incurred to meet the
financial needs and obligations of the Authority. b. The adopted Budget shall be the operating and fiscal guide for the Authority for the ensuing Fiscal Year. c. The Board may from time
to time amend the Budget at any duly called regular or special meeting. Section 19. Reports. a. Financial reports: The Authority shall provide financial reports in such form and in such
manner as prescribed pursuant to this Agreement and Chapter 218, F.S. Both quarterly and annual financial reports of the Authority shall be completed in accordance with generally accepted
Government Auditing Standards by an independent certified public accountant. At a minimum, the quarterly and annual reports shall include a balance sheet, a statement of revenues, expenditures
and changes in fund equity and combining statements prepared in accordance with generally accepted accounting principles. b. Operational reports: The Authority Board shall cause to be
made at least once every year a comprehensive report of its operations including all matters relating to fees, costs, projects financed and status of all funds and accounts. c. Audits:
The Authority shall be subject to, and shall cause to be conducted: (i) an independent budget audit and (ii) an independent financial and/or performance audit performed in accordance
with generally accepted accounting practices and as applicable by state law. d. Reports to be public records: All reports, as well as supporting documentation such as, but not limited
to, construction, financial, correspondence, instructions, memoranda, bid estimate sheets, proposal documentation, back charge
9 documentation, canceled checks, and other related records produced and maintained by the Authority, its employees and consultants shall be deemed public records pursuant to Chapter
119, F.S., and shall be made available for audit, review or copying by any person upon reasonable notice. Section 20. Bonds. The Authority Board is authorized to provide, from time to
time, for the issuance of bonds, or other legally authorized form of finance, to pay all or part of the cost of qualifying improvements in accordance with law. Section 21. Schedule of
Rates and Fees. a. Upon the creation of the Authority as set forth in this Agreement, the Authority Board shall establish a schedule of rates, fees or other charges for the purpose of
making the Authority a self-sustaining district. There shall not be any obligation on the part of the Originating Parties or any subsequent Parties for financing contributions. The Authority
shall not be authorized to create or distribute a profit. This shall not, however, prevent the Authority from establishing reserves for unanticipated expenses or for future projects
in keeping with sound, prudent and reasonable operation of the Program within industry standards or from fulfilling any other requirements imposed by bond financings, other financial
obligations or law. Nor shall this prevent the Authority from incurring costs such as professional fees and other costs necessary to accomplish its purpose. The Authority Board shall
fix the initial schedule of rates, fees or other charges for the use of and the services to operate the Florida Green Energy Works Program to be paid by each participating property owner
consistent with Section 163.08(4), F.S. b. The Authority Board may revise the schedule of rates, fees or other charges from time to time; provided however, that such rates, fees or charges
shall be so fixed and revised so as to provide sums, which with other funds available for such purposes, shall be sufficient at all times to pay the expenses of operating and maintaining
the Florida Green Energy Works Program. This shall include any required reserves for such purposes, the principal of and interest on bonds, or other financing method, as the same shall
become due, and to provide a margin of safety over and above the total amount of any such payments, and to comply fully with any covenants contained in the proceedings authorizing the
issuance of any bonds or other obligations of the Authority. c. The rates, fees or other charges set pursuant to this section shall be just and equitable and uniform for users and, where
appropriate, may be based upon the size and scope of the financial obligation undertaken by a Participating Property Owner. All such rates, fees or charges shall be applied in a non-discretionary
manner with respect to the Participating Property Owner’s geographical location within the Authority’s Service Area. No rates, fees or charges shall be fixed or subsequently amended
under the foregoing provisions until after a public hearing at which all the potential participants in the Program, and other interested persons, shall have an opportunity to be heard
concerning the proposed rates, fees or other charges. Notice of such public hearing setting forth the proposed schedule or schedules of rates, fees or other charges shall be provided
in accordance with Chapter 163 and Chapter 197, F.S.
10 d. The Authority shall charge and collect such rates, fees or other charges so fixed or revised, and such rates, fees and other charges shall not be subject to the supervision or
regulation by any other commission, board, bureau, agency or other political subdivision or agency of the county or state. e. In the event that any assessed fees, rates or other charges
for the services and financing provided by the Authority to Participating Property Owners shall not be paid as and when due, any unpaid balance thereof, and all interest accruing thereon,
shall be a lien on any parcel or property affected or improved thereby. Pursuant to Section 163.08(8), F.S., such lien shall constitute a lien of equal dignity to county taxes and assessments
from the date of recordation. In the event that any such fee, rate or charge shall not be paid as and when due and shall be in default for thirty (30) days or more, the unpaid balance
thereof, and all interest accrued thereon, together with attorney’s fees and costs, may be recovered by the Authority in a civil action, and any such lien and accrued interest may be
foreclosed and otherwise enforced by the Authority by action or suit in equity as for the foreclosure of a mortgage on real property. Section 22. Disbursements. Disbursements made on
behalf of the Authority shall be made by checks drawn on the accounts of the Authority. Section 23. Procurement; Program Implementation and Administration. The Authority shall be administered
and operated by a Third Party Administrator (“TPA”) who shall be responsible for providing services to the Authority for the design, implementation and administration of the Florida
Green Energy Works Program. The Originating Parties and all subsequent Parties understand and agree that the procurement for the initial TPA was performed by Lantana in accordance with
its adopted procurement procedures. Pursuant to said procurement procedures, “EcoCity Partners, L3C” has been hired as the TPA. The “Florida Green Energy Works Program Administration
Services Agreement” between Lantana and EcoCity Partners, L3C is attached hereto as Exhibit 1 and is hereby incorporated by reference. By execution of this Agreement, all parties hereto
agree that the initial Florida Green Energy Works Program Administration Services Agreement, as amended, will be assigned by Lantana to the Authority and shall be executed and assumed
by the Authority. Section 24. Term. This Interlocal Agreement shall remain in full force and effect from the date of its execution by the Originating Parties until such time as there
is unanimous agreement of the Authority Board to dissolve the Authority. Notwithstanding the foregoing, dissolution of the Authority cannot occur unless and until any and all outstanding
obligations are repaid; provided, however, that any Party may terminate its involvement and its participation in this Interlocal Agreement upon thirty (30) days' written notice to the
other Parties. Should a Party terminate its participation in this Interlocal Agreement, be dissolved, abolished, or otherwise cease to exist, this Interlocal Agreement shall continue
until such time as all remaining Parties agree to dissolve the Authority and all special assessments levied upon Participating Property Owners properties have been paid in full.
11 Section 25. Consent. The execution of this Interlocal Agreement, as authorized by the government body of the Originating Parties and any subsequent Party shall be considered the Parties'
consent to the creation of the Authority as required by Sections 163.01 and 163.08, F.S. Section 26. Limits of Liability. a. All of the privileges and immunities from liability and exemptions
from law, ordinances and rules which apply to municipalities and counties of this state pursuant to Florida law shall equally apply to the Authority. Likewise, all of the privileges
and immunities from liability; exemptions from laws, ordinances and rules which apply to the activity of officers, agents, or employees of counties and municipalities of this state pursuant
to Florida law shall equally apply to the officers, agents or employees of the Authority. b. The Originating Parties and all subsequent Parties to this Agreement shall each be individually
and separately liable and responsible for the actions of their own officers, agents and employees in the performance of their respective obligations under this Agreement pursuant to
Chapters 768 and 163, F.S. and any other applicable law. The Parties may not be held jointly or severally liable for the actions of officer or employees of the Authority or by any other
action by the Authority or another member of the Authority and the Authority shall be solely liable for the actions of its officers, employees or agents to the extent of the waiver of
sovereign immunity or limitation on liability provided by Chapter 768, F.S. Except as may be otherwise specified herein, the Parties shall each individually defend any action or proceeding
brought against their respective agency under this Agreement, and they shall be individually responsible for all of their respective costs, attorneys’ fees, expenses and liabilities
incurred as a result of any such claims, demands, suits, actions, damages and causes of action, including the investigation or the defense thereof, and from and against any orders, judgments
or decrees which may be entered as a result thereof. The Parties shall each individually maintain throughout the term of this Agreement any and all applicable insurance coverage required
by Florida law for governmental entities. Such liability is subject to the provisions of law, including the limits included in Section 768.28, F.S., which sets forth the partial waiver
of sovereign immunity to which governmental entities are subject. It is expressly understood that this provision shall not be construed as a waiver of any right or defense that the parties
have under Section 768.28, F.S. or any other statute. Section 27. Notices. Any notices to be given pursuant to this Interlocal Agreement shall be in writing and shall be deemed to have
been given if sent by hand delivery, recognized overnight courier (such as Federal Express), or certified U.S. mail, return receipt requested, addressed to the Party for whom it is intended,
at the place specified. The Originating Parties designate the following as the respective places for notice purposes: Lantana: Town Manager Town of Lantana 500 Greynolds Circle Lantana,
Florida 33462
12 With a Copy to: Corbett and White, P.A. 1111 Hypoluxo Road, Suite 207 Lantana, FL 33462 Attn: Keith W. Davis, Esq. Mangonia Park: Town Manager Town of Mangonia Park 1755 East Tiffany
Drive Mangonia Park, Florida 33407 With a Copy to: Corbett and White, P.A. 1111 Hypoluxo Road, Suite 207 Lantana, FL 33462 Attn: Keith W. Davis, Esq. Section 28. Filing. It is agreed
that this Interlocal Agreement shall be filed with the Clerk of the Circuit Court of Palm Beach County, as required by Section 163.01(11), F.S. Section 29. Joint Effort. The preparation
of this Interlocal Agreement has been a joint effort of the Parties hereto and the resulting document shall not, as a matter of judicial construction, be construed more severely against
any one party as compared to another. Section 30. Execution in Counterparts. This Interlocal Agreement may be executed in counterparts which shall be in original form all of which, collectively,
shall comprise the entire Interlocal Agreement. Section 31. Merger, Amendment. This Agreement incorporates and includes all prior negotiations, correspondence, agreements or understandings
applicable to the matters contained herein; and the Parties agree that there are no commitments, agreements or understandings concerning the subject matter of this Agreement that are
not contained in this document. Accordingly, the Parties agree that no deviation from the terms hereof shall be predicated upon any prior representations or agreements whether oral or
written. It is further agreed that no change, amendment, alteration or modification in the terms and conditions contained in this Interlocal Agreement shall be effective unless contained
in a written document executed with the same formality and of equal dignity herewith by all Parties to this Interlocal Agreement. Section 32. Assignment. The respective obligations of
the Parties set forth in this Interlocal Agreement shall not be assigned, in whole or in part, without the written consent of the other Parties hereto. Section 33. Records. The Parties
shall each maintain their own respective records and documents associated with this Interlocal Agreement in accordance with the requirements for records retention set forth in Florida
law.
13 Section 34. Compliance with Laws. In the performance of this Agreement, the Parties hereto shall comply in all material respects with all applicable federal and state laws and regulations
and all applicable county and municipal ordinances and regulations. Section 35. Governing Law and Venue. This Interlocal Agreement shall be governed, construed and controlled according
to the laws of the State of Florida. Venue for any claim, objection or dispute arising out of the terms of this Interlocal Agreement shall be proper exclusively in Palm Beach County,
Florida. Section 36. Severability. In the event a portion of this Interlocal Agreement is found by a court of competent jurisdiction to be invalid, the remaining provisions shall continue
to be effective to the extent possible. Section 37. Effective Date and Joinder by Authority. This Interlocal Agreement shall become effective upon its execution by the Originating Parties.
It is agreed that, upon the formation of the Authority, the Authority shall thereafter join this Interlocal Agreement and that the Authority shall thereafter be deemed a Party to this
Interlocal Agreement. Section 38. No Third Party Rights. No provision in this Agreement shall provide to any person that is not a party to this Agreement any remedy, claim, or cause
of action, or create any third-party beneficiary rights against any Party to this Agreement. Section 39. Access and Audits. Palm Beach County has established the Office of Inspector
General in Article VIII of the Charter of Palm Beach County, as may be amended, which is authorized and empowered to review past, present and proposed county or municipal contracts,
transactions, accounts and records. The Inspector General has the power to subpoena witnesses, administer oaths and require the production of records, and audit, investigate, monitor,
and inspect the activities of Palm Beach County, its officers, agents, employees, and lobbyists, as well as the activities of all municipalities in the county, and their officers, agents,
employees, and lobbyists, in order to ensure compliance with contract requirements and detect corruption and fraud. Failure to cooperate with the Inspector General or interference or
impeding any investigation shall be in violation of Chapter 2, Article XIII of the Palm Beach County Code of Ordinances. [Remainder of page intentionally left blank.]
14 IN WITNESS WHEREOF, the Originating Parties hereto have made and executed this Interlocal Agreement on this ____day of ____________________, 2012. ATTEST: Town of Lantana, a municipal
corporation of the State of Florida BY:____________________________ BY: ____________________________ Town Clerk Town Manager (Affix Town Seal) Approved by Town Attorney as to form and
legal sufficiency _________________________ Town Attorney ATTEST: Town of Mangonia Park, a municipal corporation of the State of Florida BY:____________________________ BY: __________________________
__ Town Clerk Town Manager (Affix Town Seal) Approved by Town Attorney as to form and legal sufficiency _________________________ Town Attorney
15 ATTEST: The Florida Green Finance Authority, a separate legal entity established pursuant to Section 163.01(7), Florida Statutes BY:____________________________ BY: ____________________________
Secretary of the Authority Chair of the Authority Approved by Authority Attorney as to form and legal sufficiency _________________________ Authority Attorney
16 Exhibit A [Third Party Administrator Agreement]
17 Exhibit B Party Membership Agreement To The Florida Green Finance Authority The Interlocal Agreement between the Florida Green Finance Authority, the Town of Lantana and the Town
of Mangonia Park (the “Interlocal Agreement”) entered into on __________, 2012 for the purpose of facilitating the financing of qualifying improvements for energy conservation and efficiency
via the levy and collection of voluntary non-ad valorem assessments on improved property is hereby supplemented and amended on the date last signed below by this Signatory Party Membership
Agreement, which is fully incorporated into the Interlocal Agreement as follows: The Florida Green Finance Authority, together with its member Parties, and the City of Delray Beach,
with the intent to be bound thereto, hereby agree that the City of Delray Beach shall become a Party to the Interlocal Agreement together with all of the rights and obligations of Parties
to the Interlocal Agreement. The City of Delray Beach hereby agrees to appoint a representative to serve as a member of the Authority. All Parties acknowledge that the remaining five
(5) Directors will each be appointed by the governing body of the first Party from each requisite water management district boundary area that joins the Authority through execution of
this Agreement and that desires to serve as a Director serving an initial term of three (3) years. The City of Delray Beach designates the following as the respective place for any notices
to be given pursuant to the Interlocal Agreement Section 27: Delray Beach: David T. Harden City of Delray Beach 100 NW 1st Avenue Delray Beach, FL 33444 With a Copy to: Corbett and White,
P.A. Authority Attorney 1111 Hypoluxo Road, Suite 207 Lantana, FL 33462 Attn: Keith W. Davis, Esq.
18 IN WITNESS WHEREOF, the Parties hereto subscribe their names to this Interlocal Agreement by their duly authorized officers on this ____day of ____________________, 2012. ATTEST:
The Florida Green Finance Authority, a separate legal entity established pursuant to Section 163.01(7), Florida Statutes BY:____________________________ BY: ____________________________
Secretary of the Authority Chair of the Authority Approved by Authority Attorney as to form and legal sufficiency _________________________ Authority Attorney ATTEST: City of Delray
Beach, a municipal corporation of the State of Florida BY:____________________________ BY: ____________________________ City Clerk Nelson S. McDuffie, Mayor (Affix Town Seal) Approved
by City Attorney as to form and legal sufficiency __________________________ City Attorney
224 Datura Street, Suite 211, West Palm Beach, Florida 33401 Attn: Richard J. Reade Sustainability Officer/Public Information Officer City of Delray Beach, Florida June 13, 2012 Dear
Mr. Reade: Thank you for Delray Beach’s interest in participating in the Florida Green Energy Works Program (the “Program”). The Program, which is entirely voluntary, facilitates funding
for energy and wind-resistance property improvements at little to no upfront cost and at competitive interest rates. The energy savings pays for the costs of the financing with repayment
collected automatically through the property tax bill. A hallmark of our Program is that it is “open market.” This means that we allow funding by any lender and installation work by
any licensed contractor that the property owner chooses. We view local lenders and community banks as partners in the financings. We require their consent to the project. As a result,
project financing will typically be provided by existing mortgage holders as a means of enhancing value of their collateral. PACE is a proven job creator. For every $4M in total spending,
PACE can generate $10M in economic output, $1M in tax revenue (federal, state and local) and 60 jobs. The Program design was fully funded with grant dollars secured by the Greater Lake
Worth (now Central Palm Beach) and Greater Boynton Beach Chambers of Commerce. To streamline costs, participating cities formed the Florida Green Finance Authority (“Authority”), a separate
legal entity that offers the Program on behalf of participating cities. The Authority was formed by interlocal agreement pursuant to Florida law. As a result, the Program does not require
any City funding, staff or other resources. All that is required by the City of Delray to access the Program is execution of the Program Interlocal Agreement, which immediately makes
PACE financing options available to commercial property owners located in the City of Delray Beach. We appreciate your interest in the Program. If you have any questions, please do not
hesitate to contact me at Michael@ecocitypartners.com. Very Truly Yours, Michael Wallander, Program Manager
1 EXHIBIT B List of Qualifying Improvements The following list represents improvements that may be Qualifying Improvements under the Florida Green Energy Works Program. Additional and/or
alternative measures may be approved on a case-bycase basis and/or as the list is modified from time to time as may be approved by the Authority or a participating District. Eligible
measures are listed below. Ineligible measures include compact fluorescent, screw-in lamps; plug load devices; measures that are not permanently installed and can be easily removed;
measures that save energy solely due to operational or behavioral changes; power correction, power conditioning; any measure that does not result in energy savings or renewable energy
production; any measure that can not be explained in terms of industry-standard engineering or scientific principles; vending machine controllers; and, refrigerant charge (AC/Split Systems/Heat
Pumps). Renewable Energy Improvements System Subsystem Measure Renewable -‐Thermal Energy DHW Service water Solar thermal water heat HVAC Heating Solar thermal space heat (hydronic)
Process Pool Solar pool heat Renewable -‐Electrical Energy Photovoltaic PV Grid-‐tied PV System Wind Wind Grid-‐tied wind turbine Microturbine (Renewable fuel) microturbine using
renewable fuel Grid-‐tied microturbine Internal Combustion Engine (Renewable fuel) internal combustion engine using renewable fuel Grid-‐tied internal combustion engine Fuel Cell (Renewable
fuel) Electric-‐only fuel cell using renewable fuel Grid-‐tied fuel cell Non-‐Renewable -‐Electrical Energy Fuel Cell (Non-‐Renewable fuel) Electric-‐only fuel cell using non-‐renewable
fuel (e.g., natural gas) Grid-‐tied fuel cell Cogeneration Microturbine (Non-‐renewable fuel) Microturbine with Cogeneration Grid-‐tied microturbine with heat exchanger for cogeneration
Internal Combustion Engine (Non-‐renewable fuel) Internal Combustion Engine with Cogeneration Grid-‐tied internal combustion engine with heat exchanger for cogeneration Fuel Cell (Non-‐renewable
fuel) Fuel Cell with Cogeneration Grid-‐tied fuel cell with heat exchanger for cogeneration
2 Energy-‐Efficiency Improvements System Subsystem Measure Water Heater Efficient Unit Replacement Water Heater Domestic Hot Water Pipe Insulation Commercial Kitchen Pre-‐rinse Spray
Valve Commercial Laundry Ozone Laundry System Pumps Efficient Unit Replacement Pumps Trimmed impeller Domestic Hot Water (DHW) Pumps Installing VFD & controls Envelope Doors Reduce Building
Infiltration Walls Insulation (Conditioned spaces only) Roof Insulation (Conditioned spaces only) Roof Cool roof surface Roof Green roof installation Windows High Performance Windows
Windows Window film installation Lighting Fluorescent Efficiency Improvement Compact Fluorescent Efficiency Improvement Induction Lighting Efficiency Improvement Cold Cathode Lamps Efficiency
Improvement HID Efficiency Improvement Bi-‐Level Fixtures Replace existing lighting in Stairwells and Garages with Bi-‐level Lighting fixtures Exit Signs Replace existing with LED
/LEC exit Sign Exit Signs Replace existing with self-‐luminescent Interior Lighting Replace existing with Induction or LED Exterior Lighting Replace existing with Induction or LED Street
Lighting Replace existing with Induction or LED Daylighting Skylights Controls Demand Response Controls Controls Lighting scheduling controls Controls Daylighting controls Controls Occupancy
sensors General Delamping
3 HVAC AC /Split Systems /Heat Pumps Efficient Unit Replacement AHUs Airflow distribution improvements AHUs Economizer (Air or Water-‐side)-‐Repair or New Unit Boilers Burner upgrade
Boilers Combustion fan VFD Boilers Economizers Boilers Efficient Unit Replacement Boilers Heat recovery Boilers Oxygen trim controls Boilers/Chillers Pipe Insulation Chillers Addition
of Water-‐side economizer Chillers Efficient Unit Replacement Chillers Heat recovery Cooling Tower Installing VFD & controls for fans Cooling Tower Replacement or additional capacity
Data Center Air Flow Management Energy Management Controls Cooling tower fan sequencing Energy Management Controls Demand Response Controls Energy Management Controls Improved scheduling
capability Energy Management Controls Sensors calibration/optimal relocation Energy Management Controls Retrocomissioning Evaporative Cooling Systems Offset existing mechanical cooling
Fans Installing VFD & controls Furnaces Condensing furnaces HVAC System (General) Duct testing and sealing HVAC System (General) Duct testing and sealing HVAC System (General) VAV system
conversions HVAC System (General) Radiant Heating /Cooling
4 HVAC System (General) Geothermal HVAC HVAC System (General) Thermal Storage for Load Shifting Steam Heating Install/Replace Steam Traps Labs Reduced ACH Labs VAV fume hoods Motors
Efficient Unit Replacement Pumps Efficient Unit Replacement Pumps Trimmed impeller Pumps Installing VFD & controls Ventilation Demand controlled ventilation Ventilation Garage CO controls
Refrigeration Refrigerated Cases /Walk-‐ins Addition of insulation Refrigerated Cases /Walk-‐ins Anti-‐sweat heater controls Refrigerated Cases /Walk-‐ins Auto-‐closers for cooler/freezer
doors Refrigerated Cases /Walk-‐ins Case-‐lighting Controls Refrigerated Cases /Walk-‐ins Defrost Controls Refrigerated Cases /Walk-‐ins Efficient evaporator fan motors Refrigerated
Cases /Walk-‐ins Efficient Unit Replacement Refrigerated Cases /Walk-‐ins Evaporator fan controllers Refrigerated Cases /Walk-‐ins High Efficiency Display Cases Refrigerated Cases
/Walk-‐ins Improved Defrost Controls Refrigerated Cases /Walk-‐ins Installing doors with low/no anti-‐sweat heat Refrigerated Cases /Walk-‐ins Installing Night covers Refrigerated
Cases /Walk-‐ins Replacing Door gaskets Refrigerated Cases /Walk-‐ins Strip curtains Refrigerated Cases /Walk-‐ins Suction line insulation Thermal Storage Systems Thermal Storage
for Load Shifting Compressors Add VFD and Controls
5 Compressors Added Heat Recovery Compressors Addition of Mechanical Sub-‐cooling Compressors Efficient Unit Replacement Compressors Floating Head Pressure Controls Compressors Floating
Suction Pressure Condensers Efficient Unit Replacement Condensers Evaporative Condensers Condensers Floating Head Pressure Condensers Replace Air Cooled with Evaporative Condenser Controls
Retrocommissioning Compressed Air Air Compressors Efficient Unit Replacement Compressed Air Storage Additional compressed air storage Controls Improved compressor sequencing Controls
Improved scheduling or controls Process /Plug Loads Boilers Efficient Unit Replacement Boilers Burner upgrade Boilers Combustion fan VFD Boilers Economizers Boilers Heat recovery Boilers
Oxygen trim controls Chillers /Cooling Efficient Unit Replacement Air /Water Distribution System Efficiency Improvement Fans Efficient Unit Replacement Fans Installing VFD & controls
Industrial Process Equipment scheduling for load reduction Industrial Process Process improvement Motors Efficient Unit Replacement Elevators Hoisting and Standby improvements Pool Add
pool cover Pool Efficient Heater Replacement Pool Pump Reduce/Optimize Flow/Configuration Pool Pump Replace Motor
6 Pool Pump Replace Pump Pool Pump Variable Flow Pumps Efficient Unit Replacement Pumps Installing VFD & controls Energy Storage Electric Vehicle Charger Install AC Level 1 and/or 2
charging station, or DC Level 1 EV charging station Electric Vehicle Charger -‐Fast Charge Install DC Level 2 or 3 EV charging station Wind Resistance Improvements System Subsystem
Measure Envelope Doors High impact doors Walls Installing perimeter opening protections Roof Improving the strength of the roof deck and foundation attachment Roof Wind resistant shingles
or other roofing material Roof Gable-‐end bracing Roof Reinforcing roof-‐to-‐wall connections Windows Installing storm shutters Windows High impact windows Water Conservation Measures
System Subsystem Measure Toilets Efficient Unit Replacement Urinals Efficient Unit Replacement Commercial Kitchen Pre-‐rinse Spray Valve Domestic Water Use Laundry Systems (Multi-‐family
dwellings) Efficient Unit Replacement Commercial Kitchens Pre-‐Rinse Valves Efficient Unit Replacement Dishwashers Efficient Unit Replacement Commercial Ice-‐makers Efficient Unit
Replacement
7 Laundry & Laundromats Commercial Laundry Efficient Unit Replacement Commercial Laundry Retrofit with wastewater recovery system Commercial Laundry Ozone Laundry System HVAC Cooling
Towers Upgrades to Reduce Bleed-‐off and Drift Condensers Upgrades to Reduce Bleed-‐off and Drift Steam Boiloers Upgrades to Reduce Bleed-‐off Industrial /Process Water Steam Sterilizers
/Autoclaves Efficient Unit Replacement Car Wash Operations Water Recycling System Manufacturing Film /X-‐Ray Processing Manufacturing Food /Beverage Processing Manufacturing Metal Finishing
Manufacturing High Tech Manufacturing Landscaping Irrigation system Rain Shutoff device Irrigation System Soil Moisture Sensors Irrigation System Rainwater Harvesting system Irrigation
System Greywayter system Irrigation System Blackwater treatment system
Florida Green Energy Works – Program Handbook 1 of 32 v. 1.1.2012 Finance Program Handbook Table of Contents OVERVIEW..................................................................................
.............................................................4 INTRODUCTION............................................................................................................................
...............4 NATURE OF THIS PROGRAM HANDBOOK...................................................................................................4 TYPE OF FINANCING ................................
...................................................................................................4 SOURCE OF CAPITAL.................................................................................
..................................................4 SECURITY ..........................................................................................................................................
..........5 PROGRAM PROCESS FLOW..........................................................................................................................5 1. ELIGIBLE PROPERTIES.....................
................................................................................................5 2. ELIGIBLE PROPERTY IMPROVEMENTS ...................................................................
...................9 COMMON IMPROVEMENTS ..........................................................................................................................9 CUSTOM IMPROVEMENTS
...........................................................................................................................9 INELIGIBLE IMPROVEMENTS...................................................
...................................................................9 LOADING ORDER RECOMMENDATION......................................................................................................
..9 RESPONSIBILITY FOR QUALIFYING IMPROVEMENTS.............................................................................. 10 MINIMUM AND MAXIMUM PROJECT FUNDING ...................................
.................................................... 10 3. ELIGIBLE CONTRACTORS.............................................................................................................
10 QUALIFIED CONTRACTORS ...................................................................................................................... 10 SELECTING AN ENERGY, WATER OR WIND
RESISTANCE EVALUATOR.................................................. 10 SELECTING AN INSTALLATION CONTRACTOR ........................................................................................
. 11 4. ELIGIBLE PROJECT LENDERS...................................................................................................... 11 5. ENERGY, WATER & WIND RESISTANCE EVALUATIONS
..................................................... 12 ENERGY EVALUATIONS............................................................................................................................
12 WATER EVALUATIONS ............................................................................................................................. 12 WIND RESISTANCE EVALUATIONS .....................
..................................................................................... 13 PURPOSE AND BENEFITS..........................................................................................
............................... 13 6. PARTICIPATION IN REBATE/INCENTIVE PROGRAMS........................................................ 13 BENEFITS ..................................................
............................................................................................... 13 PARTICIPATION IS ENCOURAGED BUT NOT REQUIRED........................................................
................. 13 CONSEQUENCES OF NONPARTICIPATION IN OPTIONAL PROGRAMS...................................................... 14 7. APPLICATION AND APPROVAL PROCESS ...............................
................................................ 14 PROGRAM COSTS/FEES ...........................................................................................................................
14 DEBT SERVICE RESERVE FUND................................................................................................................ 14
Florida Green Energy Works – Program Handbook 2 of 32 v. 1.1.2012 TWO-STEP APPLICATION PROCESS .......................................................................................................
. 15 STEP 1: SUBMIT AN ELIGIBILITY APPLICATION ..................................................................................... 15 STEP 2: SUBMIT A FINAL APPLICATION.............................
..................................................................... 15 TASKS AND DEADLINES FOR SUBMITTING FINAL APPLICATION ...........................................................
16 FINAL APPLICATION APPROVAL.............................................................................................................. 17 ADDRESSING DSRF UNDERESTIMATES .........................
......................................................................... 17 8. REQUESTING FUNDING DISBURSEMENT................................................................................
18 FUNDING DISBURSEMENT TYPES ............................................................................................................ 18 PROGRESS PAYMENTS........................................
..................................................................................... 19 PROGRAM PARTICIPATION EXPIRATION..............................................................................
.................. 20 9. QUALITY ASSURANCE AND QUALITY CONTROL (QA/QC)................................................. 20 10. MEASUREMENT AND VERIFICATION (M&V)......................................
................................. 20 11. DESCRIPTION OF BOND/LEGAL DOCUMENTS.................................................................... 21 12. FINANCING COST; INTEREST RATE
........................................................................................ 21 13. IMPORTANT LEGAL TERMS .................................................................................
..................... 22 REPAYMENT TERMS ................................................................................................................................ 22 ASSESSMENTS
.......................................................................................................................................... 22 FORECLOSURE TERMS........................................
..................................................................................... 23 COMPLIANCE WITH EXISTING MORTGAGES............................................................................
................ 23 TRANSFER OR RESALE OF THE SUBJECT PROPERTY .............................................................................. 23 REBATES AND TAXES ....................................
........................................................................................... 23 CHANGES IN STATE AND FEDERAL LAW........................................................................
.......................... 23 CHANGES IN THE PROGRAM TERMS; SEVERABILITY.............................................................................. 24 DISCLOSURE OF PROPERTY OWNER
INFORMATION .............................................................................. 24 FRAUD....................................................................................................
.................................................. 24 EXCEPTIONS TO THESE TERMS AND PROVISIONS................................................................................... 25 APPENDIX
A – FLORIDA GREEN ENERGY WORKS FINANCING PROCESS........................... 26 APPENDIX B – GUIDANCE FOR SELECTING ENERGY EVALUATOR ...................................... 27 OVERVIEW.................
.............................................................................................................................. 27 CREDENTIALS/QUALIFICATIONS...........................................
.................................................................. 27 RECOMMENDATIONS/QUESTIONS FOR PROSPECTIVE ENERGY AUDITORS .......................................... 27 OTHER TIPS
FOR THE BUILDING AUDIT PROCESS ................................................................................. 28 APPENDIX C – ENERGY EVALUATION TYPES ..............................................
............................... 29 OVERVIEW...............................................................................................................................................
29 INDUSTRY STANDARD AUDIT FORMATS................................................................................................. 29 TARGETED AUDIT .................................................
.................................................................................. 29 ASHRAE LEVEL 1, 2, AND 3 AUDITS .................................................................................
.................... 29 MINIMUM DATA REQUIREMENTS............................................................................................................ 31 APPENDIX D – PROGRAM
COSTS/FEES ........................................................................................ 32
Florida Green Energy Works – Program Handbook 3 of 32 v. 1.1.2012 [THIS PAGE INTENTIONALLY LEFT BLANK]
Florida Green Energy Works – Program Handbook 4 of 32 v. 1.1.2012 Overview Introduction The Town of Lantana, pursuant to a U.S. Department of Energy funded grant issued through the State
of Florida, is working with willing city and county partners to create the Florida Green Finance Authority (the “Authority”) as well as the Florida Green Energy Works (“FGEWorks”) financing
program (the “Program”). The Authority will administer the Program in order to give commercial, and ultimately, residential property owners access to a new form of financing for the
installation of certain energy efficiency, renewable energy, water conservation and wind resistance improvements (“Qualifying Improvements”). The anticipated benefits of completing Qualifying
Improvements include reduced operating costs, improved occupant health and comfort, reduced environmental impact, and support for the local economy. The program for commercial property
is focus of this Program Handbook. The program will be extended to residential property once issues with the Federal Housing Finance Agency (FHFA) are resolved to allow homes participating
in the Program to qualify for mortgages approved by Fannie Mae and Freddie Mac. Nature of this Program Handbook This handbook details the Program Terms governing all Program participants,
including property owners and lenders. By submitting an Initial Application, applicants warrant that they have read this handbook in its entirety, and that they understand and agree
to the terms set forth herein. Type of Financing FGEWorks is a financing program that is designed to provide property owners with options for retrofitting their properties, which currently
include Property Assessed Clean Energy (PACE) as well as PACE3P™ financing options. PACE is an innovative type of secured financing program that provides funding for energy efficiency,
renewable energy, water conservation and wind resistance improvements to privately owned buildings. Under FGEWorks, the Authority may sell a PACE bond to a qualified investor, use the
proceeds to finance the improvements, and place an assessment lien on the property to secure repayment. The assessment is collected on the property tax bill. Similarly, PACE3P™ is a
third-‐party ownership form of PACE financing where the funds to finance the improvements are brought by Demeter Power Group, Inc., who has responsibility for managing the improvement
project for the property owner. Source of Capital FGEWorks is using the “open-‐market” PACE model in which individual property owners may choose any project lender willing to fund their
project. Property owners negotiate specific financing terms, including the interest rate and repayment
Florida Green Energy Works – Program Handbook 5 of 32 v. 1.1.2012 term, with their chosen project lender. The Authority uses assessments to repay the project lender. Security The assessment
obligation is secured by a lien on the property of equal status with the lien for ad valorem property taxes. The Authority reserves the right to seek to enhance the security of FGEWorks
financing by raising and using funds to establish a Debt Service Reserve Fund (DSRF) that will help cover payment to lenders in the event of assessment delinquencies by the property
owner. See Chap. 7 “Application and Approval Process” below, for more information on the DSRF. Program Process Flow Appendix A, attached, shows a high-‐level description of the Program’s
process flow from beginning to end. It shows the significant stages for the property owner that applies to the Program, and for the Program in response to property owner submissions
(the steps are numbered to illustrate further the flow and interaction) 1. Eligible Properties In order to participate in the Program, a property owner must meet and/or complete the
following requirements and steps: a. The property to be improved with Qualifying Improvements (the “subject property”) must be located in within the geographic boundaries of a local
government located in Florida that opts into the Program by becoming a member of the Authority (hereinafter an “Energy Improvement District”). b. The subject property must be non-‐residential
property defined as (i) a property the primary use of which is not residential or (ii) a property used for multi-‐family housing with five or more units. c. The property owner must
provide written notice of the proposed senior lien to any and all lenders with existing liens on the subject property, and must obtain the written consent/acknowledgment of existing
lenders; the Program will provide templates for this purpose but it is the property owners’ responsibility to obtain the consent/acknowledgement of the lenders. The owner must submit
a copy of the lender’s written consent/acknowledgment with the Final Application. d. All owners of fee simple title to the subject property or their legally authorized representatives
must sign the Program Documents. Therefore, before submitting an initial application, please ensure that all owners (or their representatives) of the fee simple title to the subject
property will agree to participate in the Program on the terms set forth in these Program Terms.
Florida Green Energy Works – Program Handbook 6 of 32 v. 1.1.2012 e. The property owner must have a professional energy, water and/or wind resistance evaluation conducted on the property
that corresponds to the types of Qualifying Improvements the owner is seeking to finance, and those Qualifying Improvements must appear as identified opportunities or recommendations
within the resulting evaluation report. The Program reserves the right on a case-‐by-‐case basis to review and approve Qualifying Improvements that do not appear as an identified opportunity
or recommendation within the evaluation report. For the initial phase of the Program, the following evaluation and project requirements will apply as outlined below: i. If the property
owner wishes to finance energy efficiency improvements, water conservation improvements and/or a renewable energy project through the Program, the owner must obtain an evaluation from
a firm with the appropriate skills and experience for non-‐residential buildings, to complete the appropriate type of evaluation. See the Program Handbook for requirements for participating
evaluators and for details about the type of evaluation required. ii. If a renewable energy system is financed, the property owner should also demonstrate that lower-‐cost and higher
value energy efficiency improvements were evaluated that could result in a 10% improvement in building performance, or demonstrate that the building already meets one of a predefined
list of efficiency performance requirements as specified in the Program Handbook. iii. If the property owner wishes to finance wind resistance improvement projects only, the owner must
obtain a wind resistance improvement evaluation from a firm with the appropriate skills and experience for non-‐residential buildings, to complete the appropriate type of wind resistance
evaluation. The property owner will also receive information regarding energy efficiency and renewable energy at that time but will have no obligation to install such improvements. f.
The property owner will be encouraged or required (as described below) to participate in appropriate state and local incentive programs to the extent the subject property is eligible
for such programs at the time of application. For example, property owners planning to finance the installation of a solar PV system will be encouraged to seek to participate in the
Florida Power & Light photovoltaic (“PV”) rebate program (if available) with respect to the subject property. Property owners will also be encouraged to participate in similar incentive
programs for solar thermal (hot water) systems and energy efficiency improvements. Property owners will be encouraged to participate in other utility rebate and incentive programs (if
available) that cover the
Florida Green Energy Works – Program Handbook 7 of 32 v. 1.1.2012 Qualifying Improvements, but may elect not to do so. See Chapter 6 of this Program Handbook for more detail. g. The
financed improvements must be Qualifying Improvements and must be installed by a contract that meets the Program’s qualification criteria (“Qualified Contractors”). See Chap. 2 “Eligible
Property Improvements” below. h. The property owners must agree to provide the Authority with access to the property’s utility usage information to enable the Program to monitor energy
and/or water savings. The owner must further agree to participate in surveys and Program evaluations directed by the Authority. i. The property owner must use the no-‐cost ENERGY STAR
online energy-‐use benchmarking service called Portfolio Manager. The Authority may further recommend or require participation in other low-‐or no-‐cost energy usage tracking systems
so owners have access to the raw data necessary to determine if the installed improvements are delivering the expected energy and cost savings. (Determining whether or not installed
improvements are meeting projections is encouraged, but may require additional analysis by professionals and any such additional services would be the responsibility of the owner). See
Chapter 10 of this Program Handbook for more detail. j. The property owner must certify that it (and its corporate parent if the property owner is a single-‐purpose entity) is solvent
and that no proceedings are pending or threatened in which the property owner (or the corporate parent, as applicable) may be adjudicated as bankrupt or become the debtor in a bankruptcy
proceeding, or discharged from all of the property owner’s (or corporate parent’s, as applicable) debts or obligations, or granted an extension of time to pay the property owner’s (and
the corporate parent’s, as applicable) debts or a reorganization or readjustment of the property owner’s (and the corporate parent’s, as applicable) debts. The property owner must also
certify that the property owner (or any corporate parent if the property owner is a single-‐purpose entity) has not filed for or been subject to bankruptcy protection in the past three
years. k. The property owner must be current in the payment of all obligations secured by the subject property, including property taxes, assessments and tax liens, within the past 3
years (or since taking title to the subject property if it has been less than 3 years). The Authority may review public records, including the real property records, to verify compliance
with this requirement. Certain allowances may be made for property tax payment delays that do not reflect financial distress. Properties that are currently appealing a property tax assessment
will be reviewed and eligibility will be determined on a case-‐by-‐case basis.
Florida Green Energy Works – Program Handbook 8 of 32 v. 1.1.2012 l. There must be no notices of default or foreclosure, whether in effect or released, due to non-‐payment of property
taxes or loan payments filed against the subject property within the last 5 years (or since ownership, if less than 5 years). Exceptions may be granted on a case-‐by-‐case basis. m.
The property owner must not have any involuntary liens, defaults or judgments applicable to the subject property. The Authority may review public records, including the real property
records and court documents, to verify compliance with this requirement. A property owner with an involuntary lien(s) may be allowed to participate in the Program if it can demonstrate
an acceptable reason for the lien, default or judgment and a path for resolution along with supporting documentation. A property with an involuntary tenant’s lien will be reviewed and
eligibility will be determined on a case-‐by-‐case basis. n. The value of the property (based on current assessed value, recent (within 90 days of the Program application) or appraised
value determined by an Authority-‐approved appraiser) plus the value of the Qualifying Improvements financed by the Program must be equal to or greater than the sum of (i) the total
private property debt including mortgages and maximum draw amount of any equity lines of credit secured by the property, (ii) the principal amount of any Program indebtedness attributable
to the property, and (iii) the aggregate principal amount of any fixed assessment liens or other assessment debt on the property (not including Program assessments). o. The property
owner must certify that the property owner is not party to any litigation or administrative proceeding of any nature in which the property owner has been served, or is pending or threatened
which, if successful, would materially adversely affect the property owner’s ability to operate its business or pay the assessments when due, or which challenges or questions the validity
or enforceability of documents executed by property owner in connection with the Program. p. The Program may involve issuance of bonds by the Authority on behalf of the Energy Improvement
District(s). Therefore, it is important that property owners pay their assessments and other property-‐related obligations in full on a timely basis. Consequently, the Authority reserves
the right to request additional information in its sole discretion and to deny applications based on any information that reflects on the likelihood that a property owner may not pay
assessments.
Florida Green Energy Works – Program Handbook 9 of 32 v. 1.1.2012 2. Eligible Property Improvements In general, in order for property improvements to be eligible for financing through
the Program, they must have a useful life of five years or longer or be attached to real property or building and must have the capacity to reduce energy or water usage, generate renewable
energy or further wind resistance capabilities for the property. Common Improvements The Program has an extensive list of common energy efficiency (EE), renewable energy (RE), water
conservation (WC) and wind resistance (WR) property improvements that are eligible for financing, which can be found in the separate Qualifying Improvements List document organized by
these categories. The improvements are further organized into system and subsystem groupings for easier navigation within the list. The list also contains each type of improvement’s
estimated effective useful life, performance guidelines, and applicable incentive programs. Custom Improvements The Program will also consider, on a case-‐by-‐case basis, other improvements
(a.k.a. custom improvements) that do not appear in the Qualifying Improvements List. Such custom improvements will require additional technical review by the Program if they are not
covered by an incentive program that approves them, likely at additional cost for the applicant. See Chap 6 “Participation in Rebate/Incentive Programs”, below, more information about
incentive programs. Ineligible Improvements Improvements that are not attached to the real property or building and can be easily removed are not eligible for financing through the program
(e.g., screw-‐in fluorescent light bulbs). Any improvement that cannot be explained in terms of industry-‐standard engineering or scientific principles are also not eligible. See the
Ineligible Improvements page of the Qualifying Improvements List for the short list of what qualifies as being ineligible. Loading Order Recommendation Property owners are encouraged,
but not required, to apply a loading order when seeking to install eligible on-‐site renewable energy systems, such as solar photovoltaic (PV) systems. Essentially, a loading order
is intended to assure that, before installing a renewable energy system, the property should first evaluate options to reduce its total energy demand – for example, by 10% – by implementing
energy efficiency improvements identified in the energy evaluation. Energy efficiency improvements are typically less expensive on a per kWh basis (i.e., cost per kWh saved through efficiency
is less than the cost per kWh generated through renewable energy), and decreasing energy demand usually makes it possible to decrease the size (and cost) of the desired
Florida Green Energy Works – Program Handbook 10 of 32 v. 1.1.2012 renewable energy system. Consult with the Program Administrator for approaches to the loading order. Responsibility
for Qualifying Improvements The Program’s PACE financing option is a financing program only. By establishing the Qualifying Improvements List, the Authority is not recommending nor warranting
any particular improvements. Neither the Authority nor the Administrator is responsible for the improvements or their performance. Property owners are solely responsible for the improvements
installed on their property. Should there be any unsatisfactory performance or other system-‐related issues that arise during or after installation, the property owner must address
those directly with the responsible contractor according to the terms of the contract between the two parties. The Program’s PACE3P™ option is offered by Demeter Power Group, Inc., and
any improvements installed utilizing PACE3P™ shall be governed solely by a separate agreement executed between the property owner and Demeter Power Group, Inc. Neither the Authority
nor the Administrator is responsible for the improvements or their performance. Should there be any unsatisfactory performance or other system-‐related issues that arise during or after
a PACE3P™ financed installation, the property owner must address those directly with Demeter Power Group, Inc. according to the terms of the contract between the two parties. Minimum
and Maximum Project Funding The Authority requires a minimum funding request of $10,000. The Authority will only authorize funding requests in an amount equal to the final cost of installing
the Qualifying Improvements (including the energy evaluation fee) less State, Local and Utility rebates plus the additional items identified in Chap 12 “Financing Cost; Interest Rate”,
below. The funding limits are per property per financing request. 3. Eligible Contractors Qualified Contractors There are two primary types of contractors that may participate in the
Program: evaluators and installation contractors. Selecting an Energy, Water or Wind Resistance Evaluator The commercial building energy audit market is fragmented, with no universally
accepted standards for auditors (referred to in the Program as “evaluators”). Although the Program does not endorse specific contractors or accreditation programs, it has compiled some
recommendations for selecting a qualified energy auditor and getting a suitable energy audit conducted on the subject property. See Appendix B – Guidance for Selecting Energy Evaluator
and Appendix C – Energy Evaluator Types for more details.
Florida Green Energy Works – Program Handbook 11 of 32 v. 1.1.2012 Selecting an Installation Contractor The Qualifying Improvements must be installed by contractors who meet the eligibility
criteria set forth for the specific category of work being financed. If you choose to work with a contractor that does not meet eligibility criteria below, you are not eligible for Program
financing: • Energy efficiency and water conservation improvements must be installed by licensed contractors. • Solar PV and water heating projects must be installed by licensed contractors.
• Wind resistance improvements must be installed by licensed contractors. The Authority may provide lists of contractors who have satisfactorily participated in the Program or received
training regarding Program requirements, but the Authority does not warrant the work of any such contractor. The Authority encourages you to do your research and receive bids from multiple
contractors before signing a contract. Neither the Authority nor the administrator is responsible for determining the appropriate equipment, price or contractor for your property. By
establishing these contractor eligibility criteria, the Authority is not recommending a particular contractor or warranting the reliability of any such installer. The Program is a financing
program only. Neither the Authority nor the administrator will participate in the resolution of any dispute between you and your installer or equipment manufacturer. 4. Eligible Project
Lenders Lenders must be qualified to purchase a municipal bond as detailed in the Bond Purchase Contract, a sample of which can be provided upon request. Generally, basic qualification
criteria includes that the lender is one of the following: a. An “accredited investor” as defined by Rule 501(a) promulgated under the Securities Act of 1933; or b. A “qualified institutional
buyer” as defined in Rule 144A under the Securities Act of 1933; or c. A bank, savings institution or insurance company; or d. A certain trust, custodial or similar arrangements conforming
with Section 7(iv) of the Sample Bond Purchase Contract.
Florida Green Energy Works – Program Handbook 12 of 32 v. 1.1.2012 5. Energy, Water & Wind Resistance Evaluations Energy Evaluations The Program requires properties seeking to finance
energy efficiency or renewable energy improvements through the Program to receive an energy evaluation conducted by a professional energy evaluator of the owner’s choice and at the owner’s
cost. That auditor must meet Program eligibility requirements (see Chap. 3 ”Eligible Contractors”, above, for or more detail). Note that the cost of the energy evaluation can be included
in the financing. The improvements for which the property owner is seeking financing must appear as identified opportunities or recommendations within the resulting evaluation report.
The Program reserves the right on a case-‐by-‐case basis to review and approve improvements that do not appear as an identified opportunity or recommendation within the evaluation
report. The type of energy evaluation that the Program requires the property owner to conduct on its property depends on the number of improvements and total project cost. The Program
has organized these into three evaluation tiers for easier reference. See Table 1 below for the resulting evaluation tiers and thresholds. Table 1 – Program Energy Evaluation Tiers Energy
Evaluation Tier Evaluation Type # Improvements Project Cost Tier 1 Targeted Audit 1 Any amount Tier 2 ASHRAE Level 1 2 or more Less than $100k Tier 3 ASHRAE Level 2 2 or more Equal to
or more than $100k The Targeted evaluation and ASHRAE evaluation types referenced in the above table are fully described within Appendix B-‐Energy Evaluation Types. Water Evaluations
The Program requires properties seeking to finance water conservation improvements through the Program to receive a water evaluation conducted by a professional water evaluator of the
owner’s choice and at the owner’s cost. That evaluator must meet Program eligibility requirements (see Chap. 3 ”Eligible Contractors”, above, for or more detail). Note that the cost
of the water evaluation can likewise be included in the financing. The improvements for which the property owner is seeking financing must appear as identified opportunities or recommendations
within the resulting evaluation report. The Program reserves the right on a case-‐by-‐case basis to review and approve improvements that do not appear as an identified opportunity
or recommendation within the evaluation report.
Florida Green Energy Works – Program Handbook 13 of 32 v. 1.1.2012 Wind Resistance Evaluations Regardless of the types of improvements installed, the Program requires all participants
to undergo a wind resistance improvements evaluation through the program. Purpose and Benefits Property owners can use the resulting evaluation report(s) to identify and prioritize building-‐specifi
c energy and wind resistance improvement opportunities and to predict associated cost/energy/water/insurance savings. The Program also uses the evaluation report(s) as a third-‐party
check that the selected improvements for implementation are appropriate for the property and its unique context, thus reducing Program and participant costs. Visit www.citizensfla.com
for more detail about insurance benefits of wind resistance improvements. 6. Participation in Rebate/Incentive Programs Depending on the types of improvements that the property owner
is including in their financing through the Program, the Program may participation in applicable rebate and/or incentive programs (offered through the State, local utilities, federal,
or associated third-‐party programs). Benefits Rebate and incentive programs reward participants with cash payments or tax credits for implementing improvements that, for example, reduce
energy (or water) usage, thus reducing a property owner’s project cost. “Netting out” rebates and incentives reduces the total financing amount that a property owner will request through
the Program. Leveraging such existing programs also helps reduce overall program costs by providing credible savings projections, quality control and assurance, and project inspection
services at no additional cost that maximize project benefits. Participation Is Encouraged But Not Required Property owners seeking financing through the Program are encouraged, but
not required, to participate in certain rebate or incentive programs that are or may be available. Given the benefits associated with such programs (see the section entitle “Benefits”),
the Program anticipates that most property owners will elect to participate in all applicable rebate and incentive programs that cover improvements in their projects. The Program strongly
encourages such participation, but does not require it in order to give property owners maximum flexibility. Reasons some property owners may choose not to participate in applicable
rebate or incentive programs may include:
Florida Green Energy Works – Program Handbook 14 of 32 v. 1.1.2012 • The rebate/incentive amount is small compared to the time and effort involved in applying for such. • The rebate/incentive
program possibly introduces delays (e.g., for project review, approval, inspections, etc.) that the project cannot accommodate. Consequences of Nonparticipation in Optional Programs
Because rebate and incentive programs can act as a third-‐party check for the Program on the validity of the property owner’s improvements and their likely energy savings, participation
in such programs reduces the Program’s costs for project review, verification and quality assurance/control (QA/QC) activities. Therefore, property owners who elect not to participate
in such rebate or incentive programs may incur additional fees to cover the Program’s costs in conducting activities normally performed by such programs. The Authority reserves the right
to impose these fees, which may vary depending on the type and complexity of improvements included in the project. See Appendix D – Program Costs/Fees for a summary of possible additional
fees. 7. Application and Approval Process Program Costs/Fees There are a number of direct and indirect costs and fees associated with the Program. Some of these are mandatory fees, whereas
a few are conditional depending on what type of financing is being utilized (PACE or PACE3P™), what improvements are being undertaken, what rebate or incentive programs are being utilized,
and what method of property valuation is chosen. Most of these can be included in the financing. See Appendix D – Program Costs/Fees for a breakdown of Program costs and fees. Debt Service
Reserve Fund The Authority reserves the right to raise and/or charge fees for use in establishing and funding a Debt Service Reserve Fund (DSRF) for each financing project in order to
provide greater security (lower risk) for project lenders. For some lenders, this reduced risk may support the ability to offer better financing rates and terms to property owners participating
in the Program. Other lenders may not find the DSRF useful in impacting rates. If the Authority elects to offer a DSRF option and there are sufficient DSRF funds, each project approved
by the Program has the option to a standard allocation for a DSRF equal to 10 percent of the total requested financing amount, with a maximum DSRF allocation of $100,000 for any single
project (which, at 10 percent, would support up to a $1 million project financing). The Program will consider requests that exceed the $100,000 maximum DSRF allocation on a case-‐by-‐case
basis, as well as allocations greater than the standard
Florida Green Energy Works – Program Handbook 15 of 32 v. 1.1.2012 10 percent. Project lenders may also decline to receive an allocation from the DSRF, if they so choose. Two-‐Step
Application Process The Program’s application process is broken into two steps: 1) Eligibility Application, and 2) Final Application, as detailed below. Applicants must complete both
steps in order to be fully approved. Step 1: Submit an Eligibility Application This step is a simple process for property owners to quickly indicate their interest in participation and
to submit preliminary details of their proposed project. This gives the Program the ability to promptly ascertain project eligibility as well as give owners the preliminary indication
that their property meets program requirements. The Eligibility Application may include a request for an allocation from the Debt Service Reserve Fund, if desired. The Program has developed
an Eligibility Application form to be used in completing this step. Items to be submitted with Initial Application: • Eligibility Application Form: filled out completely • Organizational
Documents: necessary if property owners is an entity • Title Search Payment: a check for the title search payment made out to the “Florida Green Finance Authority” so the Authority can
perform a title search to verify the property meets eligibility requirements. (Note: the title search fee is listed in the current Program Fee Schedule on file with the Authority. The
property title search may cost more for more complicated ownership structures or histories, in which case the Program will contact the property owner to provide the associated cost before
conducting the search.) The Program will review the completed Initial Application form and related items within fifteen (15) business days and determine if all eligibility requirements
are met (incomplete applications will result in a longer review period). Upon approval of the application, the Owner will be conditionally eligible for participation in the Program.
Eligibility will remain valid as long as the applicant makes progress toward completing the second step of the application process, according to the Program deadlines for submitting
the associated Final Application. Failure to meet Program deadlines (or to obtain extensions to deadlines) for preparation of the Final Application may result in a cancellation of eligibility.
Approval of the Final Application will establish ultimate eligibility for funding disbursements. Step 2: Submit a Final Application This step is a more involved process that requires
the property owner to complete all related planning and application tasks, including: conducting an energy evaluation (if applicable), obtaining existing mortgage holder acknowledgment
/authorization, and finding a project lender. Upon review and approval of the complete Final Application, the Program will issue a reservation for financing (a
Florida Green Energy Works – Program Handbook 16 of 32 v. 1.1.2012 “Reservation”), including any necessary adjustments to the reserved allocation from the DSRF (if applicable), based
on any refinements that have occurred (since conditional eligibility for participation) to project scope and desired amount to be financed. The Program has developed a Final Application
form and other related documents to be used in completing this step. Items to be submitted with Final Application: • Final Application Form: completed and signed by all property owners
or their legally authorized representatives • Program Terms: signed by all property owners or their legally authorized representatives • Contractor Bids: copies of contractor bids for
the work they will be performing on the project, along with a completed Contractor Coversheet attached to each bid • Property Value Statement Form: completed and signed by all property
owners or their legally authorized representatives • Lender Authorization Form: a completed and signed Lender Authorization form from any and all existing mortgage or lien holders on
the property • Energy /Water /Wind Resistance Evaluation Reports: copies of the appropriate energy, water and/or wind resistance evaluation reports conducted on the property that contain
recommendations for the property improvements for which the property owner is seeking financing • Rebate /Incentive Documents: copies of applications and/or pre-‐approval letters from
rebate/incentive programs from which the project will receive related funding • Application Fee. (Note: the application fee is currently waived) Tasks and Deadlines for Submitting Final
Application Related to the items to be submitted with the Final Application, there are three major tasks that must be accomplished between determination of conditional eligibility and
submission of the Final Application. Completing these tasks by certain deadlines (or receiving deadline extensions from the Program) is necessary in order to maintain eligibility and
also to prepare for submitting the Final Application. The property owner must make progress toward completing these tasks within a certain timeframe relative to when conditional eligibility
was approved. Those tasks, and their associated deadlines, are listed in Table 4below.
Florida Green Energy Works – Program Handbook 17 of 32 v. 1.1.2012 Table 4 – Tasks & Deadlines for Maintaining Conditional Reservation Task Description Deadline* 1. Evaluation & Final
Project Scope If not already conducted, have an appropriate qualifying evaluation conducted on the property by a professional, and determine final project scope and financing amount.
Within 90 calendar days of conditional eligibility 2. Lien Holder Approval Obtain written acknowledgment /consent from all existing mortgage or lien holders on the property for participation
in the Program. Within 90 calendar days of conditional eligibility 3. Project Lender Identify a project lender that will provide financing for the project. Within 90 calendar days of
conditional eligibility Submit Final Application Submit Final Application with all tasks completed and necessary approvals. Within 120 calendar days of conditional eligibility *Exceptions
to the above deadlines may be granted on a case-by-case basis if the Program determines that the applicant is making good progress toward completing these tasks. Final Application
Approval The Program will review the completed Final Application form and related items within ten (10) business days and determine if all eligibility requirements are met (incomplete
applications will result in a longer review period). Upon approval of the application, the Owner will be issued a Reservation for participation in the Program. Approval or denial will
be based on the eligibility requirements listed within this handbook. Submission of an application does not guarantee that you will be approved for Program participation. If you proceed
with installation before notification of a Program approval, you risk incurring the cost of installation without the benefit of Program financing. In addition, a Program approval does
not guarantee that you will receive funds. Before you receive funds through the Program, you must satisfy the requirements listed in Chap. 8 “Requesting Funding Disbursement” below.
Addressing DSRF Underestimates If the DSRF amount that the applicant originally requested is underestimated (i.e. increases between Initial Application or Final Application steps), the
Program may or may not be able to allocate additional funds from the DSRF to cover the difference. There are several options to rectify this, as detailed below: 1. The applicant can
contribute funds to the DSRF to cover the gap (and such funds can be added to the total amount financed; if there are never any payment defaults, applicant would get these funds back
when financing was paid off). 2. The applicant can adjust the agreement with the project lender for the lender to accept less DSRF coverage (which may result in a change of related interest
rate or terms).
Florida Green Energy Works – Program Handbook 18 of 32 v. 1.1.2012 3. The applicant can reduce the scope of the project and the associated amount of needed financing such that the original
DSRF gives sufficient coverage. 4. The applicant can contribute capital (e.g. internal funds) to reduce the project costs such that the remaining amount being financed is sufficiently
covered by the original DSRF estimate. 8. Requesting Funding Disbursement Funding Disbursement Types After a Qualified Contractor has completed installation of the Qualifying Improvements
on the subject property or has reached a milestone at which a progress payment is permitted (see “Progress Payments” below), you must submit a funding disbursement request and the Project
Verification documents listed below in order to receive funding from the Program. The administrator will review the funding request and the Project Verification documents, and produce
Final Program forms. The Final Program forms will be sent to you within five (5) business days after you have submitted a funding request and the Project Verification documents. You
must return the executed Final Program forms to the administrator within seven (7) calendar days. The Project Verification documents and Final Program forms are listed below. Project
Verification Documents (submitted by you with your funding request) a. A signed final permit inspection from the appropriate City’s Department of Building Inspection for applicable completed
projects b. A final invoice from all contractors (or, for progress payment, an invoice stating percentage of work complete; see “Progress Payments” below.) c. A copy of any applicable
rebates or incentives. Final Program Forms (to be executed and returned by you within 7 days of receipt from the Authority) a. An executed and notarized Financing Agreement (by all property
owners or authorized representatives). By executing the Financing Agreement, you agree to annex the subject property to the Energy Improvement District and to pay assessments in specified
amounts for the period specified in the Financing Agreement, consent to recordation of a lien against the subject property, and release the Authority, the participating local government
and its administrator from any liability associated with installation of the Qualifying Improvements or their performance. b. Utility Authorization to Release Information. c. Payment
Assignment Form, if the payment is to be assigned to the contractor.
Florida Green Energy Works – Program Handbook 19 of 32 v. 1.1.2012 When the Authority has received all required documentation from you, it will confirm your compliance with the eligibility
requirements (see “Eligibility” above). The timing of when the Authority will record the Financing Agreement and lien as an encumbrance on the subject property is determined on a case-‐by-‐case
basis according to the terms agreed upon between the Authority, the property owner, and the project lender. The Authority will document the bond or other financing transaction with you
and the project lender identified by you, and approve the issuance of bonds or other financing for purchase by the project lender. All funding requests will be deemed final upon submission
of the required documentation listed above and may not be subsequently changed. In the event a property owner cancels financing after a request for funding is submitted to the Authority,
all expenses incurred by the Authority for recording tax liens, preparing bond or other financing documents and removing tax liens will be the responsibility of the applicant. The Authority
will terminate the lien evidenced by recordation of the Financing Agreement upon receipt of reimbursement from the applicant for these expenses. Table 1 – Related Disbursement Request
Items to be Submitted Progress Payment: Final Payment: • Applicable permit(s) • Applicable finalized permit(s) • Invoices, cost statements, or equivalent from contractors showing progress
• Final invoices, cost statements, or equivalent from contractors • Copies of any applicable rebates or incentives • Copies of any applicable rebates or incentives • Check made out to
the Florida Green Finance Authority for progress payment processing* • Receipts, statements, purchase orders, or other evidence of actual cost for items not covered in contractor invoice
*Please consult the Authority for amounts listed in the Program Fee Schedule. If the property owner wishes to assign payment directly to the contractor that has performed the work on
the project, then the owner must also submit a completed Disbursement Assignment Form to the Program. The Program will review the submitted Disbursement Request and associated items
within five (5) business days and, upon approval, issue payment. Progress Payments The Authority will consider making progress payments in certain circumstances on a case-‐by-‐case
basis. In general, the Authority may agree to make progress payments before the installation of the Qualifying Improvements is complete if certain criteria are met, which may include
(i) the amount financed is in excess of a
Florida Green Energy Works – Program Handbook 20 of 32 v. 1.1.2012 minimum amount, (ii) the time required to install the Qualifying Improvements exceeds a certain length of time, (iii)
the amount of each progress payment is a minimum percentage of the total cost of the Qualifying Improvements to be financed by the Program and (iv) based on a certification of the Qualified
Contractor, the percentage of the total amount to be financed that will have been disbursed by the Authority after disbursement of the progress payment will not exceed the percentage
of the installation work that has been completed. Program Participation Expiration If the Authority approves your application, your approval will be effective for 360 calendar days.
Property owners that receive Program approval must have a Qualified Contractor complete installation of the Qualifying Improvements on the subject property and complete the financing
process within this period. If you fail to have a Qualified Contractor complete the installation of Qualifying Improvements on the subject property within the reservation period, your
Program approval will expire. You may request to extend your Program approval prior to its expiration for an additional 90 days. However, you will have to pay an extension fee. An applicant
may cancel a Program approval in writing during the 360-day period, but will forfeit the application fee (if applicable) and the opportunity to receive funding under that approval.
The applicant may reapply but will not be guaranteed funding availability and will need to pay another application fee. 9. Quality Assurance and Quality Control (QA/QC) In order to ensure
that financed property improvements are properly completed and are able to deliver expected savings and benefits, the Program recommends that property owners either participate in existing
utility rebate or incentive programs (where available and applicable) that have their own verification/inspection mechanisms, or submit to and pay for other third-‐party site inspections
(service providers may be retained by the Program for this purpose). The Program and/or the partner project lender may require additional inspections if the property owner requests progress
payments be made before final payment – also at additional cost. 10. Measurement and Verification (M&V) The Program requires property owners to enroll in the free energy usage tracking
and benchmarking service called ENERGY STAR Portfolio Manager which provides access to the data necessary to determine how the installed improvements are performing over time, and how
their building is performing relative to its peers.
Florida Green Energy Works – Program Handbook 21 of 32 v. 1.1.2012 The Program reserves the right to require property owners to utilize additional data collection tools developed for
the Program and to require property owners to grant the Authority access to their ENERGY STAR Portfolio Manager accounts for a period of three years after project completion so that
the Authority can analyze project performance and gauge program effectiveness. Information received under this provision shall remain confidential. Property owners and project lenders
are encouraged to conduct more detailed performance analysis on their own to ensure continued cost and energy savings. 11. Description of Bond/Legal Documents The following table summarizes
the Program’s major legal documents. Table 5 – Major Bond/Legal Documents Document Description Timing Form of Lender Consent Relates to a property owner’s existing mortgage lender/lienholder,
whereby that existing lender/lienholder (i) consent to the levy of special assessments and the creation of the assessment lien and (ii) agrees that the proposed assessment lien will
not constitute an event of default of trigger the exercise of any remedies under the loan documents in force between the existing lender/lienholder and the property owner. Part of Final
Application Submission Form of Financing Agreement Document pursuant to which the property owner agrees to the levy of assessments for purposes of the issuance by the Authority of an
assessment bond to a project lender and which is recorded in the real property records to provide notice of a lien securing payment of assessments on the property. Closing Form of Bond
Purchase Agreement or other finance agreement A contract between the Authority and the lender, pursuant to which the lender (i) agrees to purchase an assessment bond issued by the Authority
and (ii) makes representations and warranties that it is a “qualified investor”. This contract also reflects the basic financing terms agreed between the lender and the property owner.
Closing 12. Financing Cost; Interest Rate The following terms are helpful in understanding the Program’s financing structure. Financing Cost. In order to receive funding, you will agree
to pay assessments in an amount equal to (i) the principal amount you received through the Program, (ii) interest on the principal amount you received through the
Florida Green Energy Works – Program Handbook 22 of 32 v. 1.1.2012 Program and (iii) initial and on-‐going program expenses summarized in Appendix C. The Authority expects to levy assessments
on your property tax bill, although it reserves the right to bill or collect assessments separately. Principal Amount. This is the amount equal to all project costs you choose to finance,
which may include costs associated with implementing the project such as permits, evaluation expenses, application fee, an applicable deposit to a debt service reserve fund if required
and capitalized interest (see “Capitalized Interest” below). Interest Rate. The rate of interest on the amount of funding you receive will be negotiated between you and the financial
institution identified by you. Capitalized Interest. Because of the August 15th deadline for placing the assessments on the property tax bill, the principal component of the assessment
may also include the first tax year’s installments if the deadline cannot be met. Deposit to a Debt Service Reserve Fund. A debt service reserve fund (DSRF) may be required by your chosen
lender as additional security to participating financial institutions to pay debt service on the bonds in the event of late payments or default by the property owners. The Authority
may permit property owners to finance a reasonable deposit to a DSRF, if a DSRF is required by the lender identified by you. Initial and On-‐going Program Administrative Costs. Program
Administrative Costs are built into the total financed amount and the ongoing assessment requirement (which increases the effective interest rate you will pay). The fees for any specific
project will be disclosed and agreed to prior to financing. 13. Important Legal Terms Repayment Terms Following recordation of the Financing Agreement, the property owner will be obligated
to pay the assessments specified in the Financing Agreement. Assessments A property owner must pay the agreed-‐upon assessments regardless of personal financial circumstances, the condition
of the property, or the performance of the Qualifying Improvements. Do not apply for financing if you are not certain you can pay the assessments. The failure to pay your assessment
in full will result in financial repercussions, including penalties, interest and, potentially, foreclosure of your property by the Authority.
Florida Green Energy Works – Program Handbook 23 of 32 v. 1.1.2012 Foreclosure Terms If you use an escrow account to pay annual property taxes, you must notify your escrow company of
your assessment payments. You will need to increase your monthly payments to the escrow account by an amount equivalent to your annual assessments divided by 12 months. Compliance with
Existing Mortgages Recordation of the Financing Agreement will establish a continuing lien as security for your obligation to pay assessments. The lien securing the obligation to pay
assessments will be senior to all private liens, including your existing purchase mortgage(s). Many mortgage and loan documents limit the ability of a property owner to place senior
liens upon property without the consent of the lender, or authorize the lender to obligate you to prepay the senior obligation. Please confirm with your lender(s) that participation
in the Program will not adversely impact your rights with respect to any existing loan documents, or obligate you to prepay your assessments. Property owners must notify the lender in
writing and receive written acknowledgment/consent from the lender prior to applying to the Program. The Program will provide lender acknowledgment /consent templates, but responsibility
for addressing issues with existing lenders is the property owners’. Transfer or Resale of the Subject Property If you sell your property prior to the end of the agreed-‐upon assessment
period, the new owner will assume the assessment obligation. Ownership of any Qualifying Improvements on the subject property will transfer to the new owner at the close of the real
estate sale; Qualifying Improvements financed through the Program may not be removed from the property until the bond issued by the Authority to finance installation of the Qualifying
Improvements has been retired. Program participants agree to make all legally required disclosures about the existence of the assessment lien on the property in connection with any sale.
Rebates and Taxes Participation in this Program does not reduce rebates available through federal, State or local rebate programs. Please consult with your tax advisors with respect
to the State and federal tax implications of participating in the Program. Neither the Authority nor the administrator is responsible for the State or federal tax consequences of participating
in the Program. Changes in State and Federal Law The Authority’s ability to issue bonds to finance the Program is subject to a variety of State and federal laws. If those laws or the
judicial interpretation thereof were to change after you have applied for funding (and, thereafter, incurred the cost of installation in anticipation of Program funding) but before the
Authority issues a
Florida Green Energy Works – Program Handbook 24 of 32 v. 1.1.2012 bond to finance your funding request, the Authority may be unable to fulfill your funding request. The Authority shall
have no liability as a result of any such change in law or judicial interpretation. Changes in the Program Terms; Severability The Authority reserves the right to change these Program
Terms at any time without notice; however, no such change will affect your obligation to pay assessments as set forth in the Financing Agreement. Your participation in the Program will
be subject to the Program Terms in effect from time to time during your participation. If any provision of these Program terms is determined to be unlawful, void, or for any reason unenforceable,
then that provision shall be deemed severable from these Program terms and shall not affect the validity and enforceability of any remaining provisions. Disclosure of Property Owner
Information Property owner agrees that the Authority may disclose its personal/corporate information submitted as part of the Program to the administrator, and that the Authority and
the administrator may disclose the property owner’s information to third parties when such disclosure is essential to the conduct of the Authority’s business or to provide services to
the property owner, including but not limited to where such disclosure is necessary to (i) comply with the law, legal process or our regulators, and (ii) enable the Authority or the
administrator’s employees or consultants to provide services to the property owner and to otherwise perform their duties. The Program will not provide property owner information to third
parties beyond the Program administrative team for any telemarketing, e-‐mail or direct mail solicitation. All property owner information obtained is treated with great care in order
to protect privacy and security. You further agree to the release of property owner’s name and contact information and the property’s utility usage data to the Authority, its grantors
and its designated contractors for the purpose of conducting surveys and evaluation of the Program. Fraud Giving materially false, misleading or inaccurate information or statements
to the Authority or its employees and agents (or failing to provide the Authority with material information) in connection with an application is punishable by law. Material representations
include, but are not limited to, representations concerning the project costs, ownership structure and financial information relating to the property and the applicant.
Florida Green Energy Works – Program Handbook 25 of 32 v. 1.1.2012 Exceptions to these Terms and Provisions The Program Administrator may make exceptions to the terms and provisions
detailed in this handbook where there is a finding that such exception furthers the goals and objectives of the Florida Green Energy Works Program. Consideration of an exception request
from a property owner may involve payment of the Application Fee or other fees.
Florida Green Energy Works – Program Handbook 26 of 32 v. 1.1.2012 Appendix A – Florida Green Energy Works Financing Process
Florida Green Energy Works – Program Handbook 27 of 32 v. 1.1.2012 Appendix B – Guidance for Selecting Energy Evaluator Overview The commercial building energy evaluation and audit market
is fragmented, with no universally accepted standards for auditors. Although the Program does not endorse specific contractors or accreditation programs, it has compiled this guidance
to serve as suggested minimum requirements that property owners might look for in an energy auditor in the commercial sector. Credentials/Qualifications Although the following credentials
and qualifications are not required, the more of these that a service provider’s staff has, the more confident you can be in their knowledge, experience and abilities: • Florida Professional
Engineering License (PE) • ASHRAE Building Energy Assessment Professional (BEAP) Certification • Certified Energy Manager (CEM) or Certified Energy Auditor (CEA) from the Association
of Energy Engineers (AEE) • Multi-‐disciplinary competence (lighting, HVAC, refrigeration, appliances) • Years of directly relevant professional experience Recommendations/Questions
for Prospective Energy Auditors 1. If seeking a whole-‐building energy audit, request that the auditor follow the ASHRAE Level 1 and/or 2 audit guidelines. (This is a requirement of
the Program for projects that include multiple improvements) a. Ask for a copy of previous ASHRAE Level 1 and 2 audits that they have completed. b. Request and check references for past
building energy audit work. 2. Ask about training a. Are they a mechanical engineer? b. A licensed Professional Engineer (PE)? c. A Certified Energy Manager, Certified Energy Auditor,
or Certified Lighting Efficiency Professional through the Association of Energy Engineers, or other accredited energy audit training program? 3. Ask about active involvement with relevant
professional organizations such as (in alphabetical order): a. Association of Energy Engineers (AEE) b. American Society of Heating Refrigeration and Air-‐Conditioning Engineers (ASHRAE)
c. ENERGY STAR (U.S. E.P.A.) d. Illuminating Engineering Society (IES) e. U.S. Green Building Council (USGBC) 4. Be clear about what you expect as the outcome from the building evaluation
report. You may want to specifically ask for some of the following products or services: a. Actionable recommendations
Florida Green Energy Works – Program Handbook 28 of 32 v. 1.1.2012 b. Realistic treatment of utility rates and energy cost savings c. Transparent (not black box) analysis d. Guidance
to more resources to assist with implementation e. Credible energy and cost savings estimates f. Reasonable cost estimates or vendor bids g. Interactive effects of multiple improvements
h. Measurements of existing systems i. Logging of temperatures or base case energy consumption j. Hourly modeling k. Project design specifications l. Construction management services
m. Utility incentive/rebate application assistance 5. Talk to your CFO and discuss with your evaluator what type of financial/economic analysis would be most helpful to your decision-‐making
process. Inform the evaluator that the Program has a simple, uniform Energy and Cost Savings Analysis template (an Excel spreadsheet) that the evaluator can use to present the energy
and economic data. Other Tips for the Building Audit Process 1. Collect all as-‐built mechanical, electrical and plumbing (for water audits) plans and specs that you have accessible,
and make them available to the auditor. 2. Ask your property manager and building engineer to be present at the building audit. 3. Contact your utility account representative to coordinate
incentives for your project. 4. You may want to involve vendors that you typically rely on, or have existing contracts with, such as controls companies, HVAC service companies, or lighting
companies. They can provide cost estimates for proposed retrofits.
Florida Green Energy Works – Program Handbook 29 of 32 v. 1.1.2012 Appendix C – Energy Evaluation Types Overview This appendix contains a description of four levels of building energy
evaluation that are commonly used in the energy efficiency industry. They are intended to help address questions that property owners may face when they decide to undertake an energy
efficiency, renewable energy, or water conservation project. Industry Standard Audit Formats While there is no single approach to conducting building evaluations, there are widely accepted
industry standard audit formats. Depending on the size of the building, scope of the energy efficiency measure(s), and the complexity of systems, one can specify a Targeted Audit, or
American Society of Heating Refrigeration and Air-‐Conditioning Engineers (ASHRAE) Level 1, 2, or 3 audit. Costs of audits are dependent on these variables as well. Targeted Audit In
a Targeted Audit, the analysis need only account for the energy use of the system of concern, rather than the energy use of the whole building. This approach is generally used for larger,
single-‐system projects. For example, this approach may be used for a project to replace only a cooling tower that is part of a building’s chilled water system. In this example, only
the chilled water system would be examined in the targeted audit. In addition to reporting the same minimum building and Energy Conservation Measure (ECM) information as above, this
approach also includes an estimate of the base case energy use of the targeted system. In the example above, the Targeted Audit should include the base case energy use estimate of the
combined cooling tower and chilled water plant. ASHRAE Level 1, 2, and 3 Audits The ASHRAE evaluation summary below lays out basic parameters for performing varying degrees of a whole
building audit. For more precise guidelines see the ASHRAE Publication “Procedures for Commercial Building Energy Audits” (available from the ASHRAE online bookstore at http://www.ashrae.org).
Level I to III designations are based on increasing level of detail, depth, and cost. Each evaluation level includes an initial, preliminary analysis that compares the building energy
use to similar building stock based on the energy use intensity (EUI in kWh/sq ft or kBTU/sq ft). Please see additional descriptions and components of these energy audit types in Table
2, Table 3, and Table 4, below.
Florida Green Energy Works – Program Handbook 30 of 32 v. 1.1.2012 Table 2 – ASHRAE Energy Audit Level Descriptions ASHRAE Audit Level Audit Description Level 1 Walk-through analysis
Brief review of building systems with primarily qualitative results. Level 2 Energy Survey and Engineering Analysis Includes identification of energy efficiency improvements with estimates
of energy and cost savings for capital projects. Level 3 Detailed Analysis of Capital-intensive Modifications Includes more detailed calculations based on monitored end use data or
hourly building simulations. Also includes more detailed project specifications for retrofits. Table 3 – ASHRAE Energy Audit Activities Audit Level Audit Activity 1 2 3 Walk-‐through
survey Identify low-‐cost/no-‐cost recommendations Identify capital improvements Review mech. & elec. design, condition and O&M practices Measure/Monitor key
parameters Analyze capital improvements (savings & costs inc. interaction) Additional testing/monitoring Detailed system modeling Schematic layouts for recommendations
Meet with owner to review recommendations Table 4 – ASHRAE Energy Audit Report Components Audit Level Audit Report Component 1 2 3 Estimate savings from utility rate change
Compare energy use intensity (EUI) to similar sites Summarize utility data Estimate savings if EUI met target Preliminary end-‐use breakdown Detailed end-‐use
breakdown Estimate low-‐cost /no-‐cost savings Estimate capital project costs, savings Complete bldg description & equipment inventory Detailed description of recommendations
Recommended monitoring & verification (M&V) method Specifications and schematics of all recommendations
Florida Green Energy Works – Program Handbook 31 of 32 v. 1.1.2012 Minimum Data Requirements For all projects, regardless of size or audit type, the energy analysis or evaluation report
should, at a minimum, provide the following key parameters in an easy-‐to-‐identify summary table. Note: Some of these requirements are included in a Level I Energy Evaluation while
others augment the requirements in a Level 1 Evaluation. For the building overall: • Description of the Project and facilities affected by the Project • The square footage for conditioned
space by space type (e.g. office, retail, industrial, schools, hospital, high tech, etc) • The historical annual energy consumption by fuel type (e.g. electricity kWh, natural gas therms)
for at least one year • The historical annual energy cost by fuel type • The applicable utility rate schedule(s) For each proposed Energy Conservation Measure (ECM): • Measure description
(including specifications, as appropriate) • Estimated annual energy consumption savings (e.g. kWh, therms, kBTU) based on specific application (not manufacturer’s generic, average estimate)
• Estimated peak demand savings (kW) • Estimated operations and maintenance savings (if applicable) • Estimated measure utility cost savings • Estimated measure cost • Calculated measure
simple pay back • Measure Equipment Useful Lifetime (from approved measure list if available)
Florida Green Energy Works – Program Handbook 32 of 32 v. 1.1.2012 Appendix D – Program Costs/Fees This appendix contains a summary of the direct and indirect program costs and fees.
Some of these are mandatory fees, whereas a few are conditional depending on what improvements are being undertaken, what rebate or incentive programs are being utilized, and what method
of property valuation is chosen. Most of these can be included in the financing. << See attached Program Fee Schedule Tables >>
Financing Energy-Saving Improvements Through The Florida Green Energy Works PACE Financing Program
Who we are -Local governments: -Lantana, Mangonia Park and City of West Palm Beach -Chambers: -Greater Boynton Beach Chamber of Commerce -Central Palm Beach Chamber of Commerce (includes
Lake Worth) -EcoChamber
Who we are
Our Program Two components: • Green Business Certification Program • Voluntary Financing for Energy Saving Improvements
What is PACE? • Property Assessed Clean Energy • Voluntary low cost energy financing program • Administered through an Interlocal Authority (the Florida Green Financing Authority) •
Funds are provided to complete energy efficiency, renewable energy, water efficiency and wind resistance projects • Repayment is through property tax bill over terms up to 20 years
Why do it? • Wasted energy means wasted money. • Avoid large upfront costs. Pay over time. • Reduce operating costs. Benefits both owners and tenants. • Major “green” points!
PACE Benefits • Long term and safe financing for property owners to develop energy and water efficiency improvements Economic development: • Puts construction sector to work • Increases
property’s value, promotes economic development opportunities and activity (can increase in TIF funding with • Promotes Green initiatives and Sustainability within City • Reduces environmental
impacts within City (commercial sector greenhouse gas emissions) property value increases) • Increase in building and construction permits and fees, • EcoNorthwest Study (April 2011)
for every $1Million in spending = $10Million in gross economic output + $1Million in tax revenue + 60 jobs
PACE Status in Florida • Additional municipalities and counties are presently moving on PACE. • Numerous local governments across the state are actively evaluating options (Panhandle
to the Keys)
Florida Green Finance Authority • By executing the Interlocal Agreement, Delray Beach gives property owners access to PACE financing • Lantana & Mangonia Park created the Florida Green
Finance Authority pursuant to Section 163.01 & 163.08, Florida Statutes (WPB signed on 6/11) • Contemplated by grant • Administer the Program • Insulates underlying local governments
from risk • No cost to join the Authority, but should the City withdraw from the Authority within the first two years, there is an opt-out fee of up to $17,500 to cover the up-front
legal and other costs of establishing the Authority.
Role of the Authority • Authority’s role is administrative: • Bears program costs for participating governments • Market the Program • Approve projects for financing • Match property
owners with investors • Manage levy and collection process with property appraiser and tax collector • Assure investors receive repayment • Inviting partnership with cities and counties
to opt in by standard Interlocal Agreement
Eligible Properties • Commercial properties (not residential) Office Hotel Retail Multifamily housing Restaurant Churches and private schools • Located in a participating jurisdiction
Lantana Mangonia Park More soon…
Eligible Improvements Dozens of eligible technologies Goal: Reduce total energy costs by 20% • Energy efficiency Windows, doors Refrigeration Insulation Elevators Roofing Pool pumps
and heaters
Eligible Improvements • Renewable energy Solar photovoltaic Wind turbines • Water Efficiency Irrigation systems Restaurant equipment Toilets • Wind Resistance Roof deck /bracing Building
envelope upgrades High impact windows and doors
Financing Amounts
Steps • Only property owners who want to participate complete initial application & eligibility review • Energy or water or wind-resistance improvement review (owner responsibility)
• FGEW underwriting • Line up funds and obtain lender consent • Execute documents (financing agreement) • Complete project and receive funds
Steps • Repayment of financing agreement is through voluntary non-ad valorem assessments on annual property tax bill • If property is sold, assessment remains in place through the remaining
term of the financing agreement.
Simple online application
Keys to Success • Only those who want to participate received financing and are assessed • Projects must generate sufficient savings to pay for the improvements, • Projects that are
good candidates for financing will be cash flow positive in year 1 (cost savings are greater than payments on the assessment) and • Owner remains eligible for other rebates and incentives.
Sample Project Financing Property: 40,000 sq ft grocery Energy Usage: 2,000,000 kWh /yr Annual Energy Costs: $250,000 per yr Cost of Improvements: $100,000 (HVAC, LED lighting, insulation)
Sample Financing Financed amount: $108,895 (includes closing costs; interest is capitalized) Interest: 7% Term: 10 years Annual payment: $15,984 Energy savings (20%): $50,000 NET SAVINGS:
$34,016 /year * Additional rebates and depreciation may also be available.
Contractors • Simple application to become a registered contractor for the program • Receive leads for qualified applicants • Contractors responsible for negotiating deals directly with
owners
Landlords and Tenants • Owners and tenants need to cooperate to achieve positive outcome for both • Where tenant pays utilities and taxes are passed through, tenant will pay cost of
financing and get the benefit of savings • For gross leases, landlord pays financing cost and realizes savings on utility bills • Sample lease amendment language available
Banks • Mortgage holder’s consent is required • PACE projects make existing buildings into better collateral and improve the cash flow of borrowers • Existing lenders are invited to
extend credit with the additional collateral of a PACE assessment lien
Thank You! Any questions? Florida Green Energy Works Program (855) FL-WORKS www.FloridaGreenEnergyWorks.com c/o: Florida Green Finance Authority info@flgfa.org
MEMORANDUM TO: Mayor and City Commissioners FROM: David T. Harden, City Manager DATE: June 15, 2012 SUBJECT: AGENDA ITEM 8.N. -REGULAR COMMISSION MEETING OF JUNE 19, 2012 RESOLUTION
NO. 28-12 ITEM BEFORE COMMISSION This is a resolution assessing costs for abatement action required to remove nuisances on 24 properties throughout the City. BACKGROUND The resolution
sets forth the actual costs incurred and provides the mechanisim to attach liens against the properties if the assessments remain unpaid. RECOMMENDATION Recommend approval of Resolution
No. 28-12.
RESOLUTION NO. 28-12 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PURSUANT TO CHAPTER 100 OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, ASSESSING
COSTS FOR ABATING NUISANCES UPON CERTAIN LAND(S) LOCATED WITHIN THE CITY OF DELRAY BEACH AND PROVIDING THAT A NOTICE OF LIEN SHALL ACCOMPANY THE NOTICE OF ASSESSMENT; SETTING OUT ACTUAL
COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH ABATEMENT AND LEVYING THE COST OF SUCH ABATEMENT OF NUISANCES; PROVIDING FOR AN EFFECTIVE DATE AND FOR A DUE DATE AND INTEREST ON ASSESSMENTS;
PROVIDING FOR THE RECORDING OF THIS RESOLUTION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE SUBJECT PROPERTY FOR UNPAID ASSESSMENTS. WHEREAS, the City Manager or his designated representative
has, pursuant to Chapter 100 of the Code of Ordinances, declared the existence of a nuisance upon certain lots or parcels of land, described in the list attached hereto and made a part
hereof, for violation of the provisions of Chapter 100 of the Code of Ordinances; and, WHEREAS, pursuant to Section 100.21 and 100.22 of the Code of Ordinances of the City of Delray
Beach, the City Manager or his designated representative has inspected said land(s) and has determined that a nuisance existed in accordance with the standards set forth in Chapter 100
of the Code of Ordinances, and did furnish the respective owner(s) of the land(s) described in the attached list with written notice of public nuisance pursuant to Sections 100.21 and
100.22 of the Code of Ordinances describing the nature of the nuisance(s) and sent notice that within seven (7) days from the date of said notice (forty-two (42) days in the case of
violation of Section 100.04 pertaining to seawalls) they must abate said nuisance, or file a written request for a hearing to review the decision that a nuisance existed within five
(5) days from the date of delivery of said notice, failing which the City of Delray Beach would proceed to correct this condition by abating such nuisance, and that the cost thereof
would be levied as an assessment against said property; and, WHEREAS, the property owner(s) named in the list attached hereto and made a part hereof did fail and neglect to abate the
nuisance(s) existing upon their respective lands or to properly request a hearing pursuant to Section 100.21 and 100.22 within the time limits prescribed in said notice and Chapter 100
of the Code of Ordinances, or if the property owner(s) did request and receive a hearing, said property owner(s) failed and/or neglected to abate such nuisance(s) within the time designated
at the hearing wherein a decision was rendered adverse to the property owner(s); and,
2 Res. No. 28-12 WHEREAS, the City of Delray Beach, through the City Administration or such agents or contractors hired by the City Administration was therefore required to and did enter
upon the land(s) described in the list attached and made a part hereof and incurred costs in abating the subject nuisance(s) existing thereon as described in the notice; and, WHEREAS,
the City Manager of the City of Delray Beach has, pursuant to Chapter 100 of the Code of Ordinances of the City of Delray Beach, submitted to the City Commission a report of the costs
incurred in abating said nuisance(s) as aforesaid, said report indicating the costs per parcel of land involved; and, WHEREAS, the City Commission of the City of Delray Beach, pursuant
to Chapter 100 of the Code of Ordinances desires to assess the cost of said nuisance(s) against said property owner(s), NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That assessments in the individual amounts as shown by the report of the City Manager of the City of Delray Beach, involving the City's
cost of abating the aforesaid nuisances upon the lots or parcels of land described in said report, a copy of which is attached hereto and made a part hereof, are hereby levied against
the parcel(s) of land described in said report and in the amount(s) indicated thereon. Said assessments so levied shall, if not paid within thirty (30) days after mailing of the notice
described in Sec. 3, become a lien upon the respective lots and parcel(s) of land described in said report, of the same nature and to the same extent as the lien for general city taxes
and shall be collectible in the same manner as mortgages and foreclosures are under state law. Section 2. That such assessments shall be legal, valid and binding obligations upon the
property against which said assessments are levied. Section 3. That the City Clerk of the City of Delray Beach is hereby directed to immediately mail by first class mail to the owner(s)
of the property, as such ownership appears upon the records of the County Tax Assessor, notice(s) that the City Commission of the City of Delray Beach at the June 19, 2012 meeting has
levied an assessment against said property for the cost of abatement of said nuisance by the City, and that said assessment is due and payable within thirty (30) days after the mailing
date of said notice of assessment, after which a lien shall be placed on said property, and interest will accrue at the rate of 8% per annum, plus reasonable attorney's fees and other
costs of collecting said sums. A Notice of Lien shall be mailed, along with the Notice of Assessment and this resolution. Section 4. That this resolution shall become effective thirty
(30) days from the date of adoption and the assessment(s) contained herein shall become due and payable thirty (30) days after the mailing date of the notice of said assessment(s), after
which a lien shall be placed on said
3 Res. No. 28-12 property(s), and interest shall accrue at the rate of eight (8) percent per annum plus, if collection proceedings are necessary, the costs of such proceedings including
a reasonable attorney's fee. Section 5. That in the event that payment has not been received by the City Clerk within thirty (30) days after the mailing date of the notice of assessment,
the City Clerk is hereby directed to record a certified copy of this resolution in the public records of Palm Beach County, Florida, and upon the date and time of recording of the certified
copy of this resolution a lien shall become effective on the subject property which shall secure the cost of abatement, interest at the rate of 8%, and collection costs including a reasonable
attorney's fee. PASSED AND ADOPTED in regular session on this 19th day of June, 2012. ________________________________________ M A Y O R ATTEST: ____________________________________
City Clerk This instrument was prepared by: Brian Shutt, City Attorney 200 N.W. 1st Avenue Delray Beach, Florida 33444
COST OF ABATING NUISANCES UNDER CHAPTER 100 OF THE CODE OF ORDINANCE PROPERTY DESCRIPTION OWNER 7 SW 9TH STREET BELLVIEW COURT LOT 1 PCN 12 43 46 20 15 000 0010 CASE NO. NA12-23921 Laurent
Gillot 4214 NW 1st Place Deerfield Beach, FL 33442 $ 140.00 Invoice No. 37733 $ 55.00 Admin Fee $ 195.00 VAC LOT N OF 2955 FLORIDA BLVD TROPIC ISLE 3RD SECTION LOTS 411 & 412 PCN 12
43 46 28 03 000 4110 CASE NO. RN11-22746 Katharine D. Martens 589 Deerfield Drive Melbourne, FL 32940 $ 189.50 Invoice No. 37732 $ 55.00 Admin Fee $ 244.50 322 SW 5TH AVENUE TOWN OF
DELRAY N 50 FT OF S 356.4 FT OF E 135 FT OF BLOCK 24 PCN 12 43 46 16 01 024 0040 CASE NO. NA12-23862 Maurice and Patricia Lord 8454 NW 14th Street Coral Springs, FL 33071 $ 100.00 Invoice
No. 37734 $ 55.00 Admin Fee $ 155.00 413 SW 15TH AVENUE CARVER PARK LOT 10 BLOCK 3 PCN 12 43 46 17 41 003 0100 CASE NO. RN11-21642 Lizzie McDowell 413 SW 15th Avenue Delray Beach, FL
33444 $ 102.70 Invoice No. 37731 $ 55.00 Admin Fee $ 157.70 VAC LOT ON ZEDER AVENUE SOUTHRIDGE LOT 22 BLOCK 10 PCN 12 43 46 20 13 010 0220 CASE NO. NA11-23131 Bradley and Pamela Brooks
139 Gregory Place West Palm Beach, FL 33405-5027 $ 75.00 Invoice No. 37735 $ 55.00 Admin Fee $ 130.00 VAC TRACT ON NW 18TH AVENUE NORJAC PAR A PCN 12 43 46 18 49 000 0010 CASE NO. NA12-24740
RBC Bank USA % Corporation Service Co, R/A 1201 Hays Street Tallahassee, FL 32301-2525 $ 80.00 Inv. No. 37736 $ 55.00 Admin Fee $ 135.00 ASSESSMENT VIOLATION IS: SECTION 100.01 – LAND
TO BE KEPT FREE OF DEBRIS, VEGETATION, AND MATTER CONSTITUTES HAZARDS; DECLARED NUISANCE PDFConvert.14818.1.RES_NO._28-12.xls
COST OF ABATING NUISANCES UNDER CHAPTER 100 OF THE CODE OF ORDINANCES PROPERTY DESCRIPTION OWNER 712 AVENUE CHAUMONT CHATELAINE NO. 1 LOT 10 BLOCK 5 PCN 12 42 46 12 03 005 0100 CASE
NO. NA11-22231 US BANK National Assoc. Tr. % Aldridge Connors LLC 7000 W. Palmetto Park Road #307 Boca Raton, FL 33433-3430 $ 151.10 Invoice No. 37737 $ 55.00 Admin Fee $ 206.10 41 SW
7TH AVENUE TOWN OF DELRAY S 55 FT OF N 540 FT OF W 135 FT OF BLOCK 13 PCN 12 43 46 16 01 013 0070 CASE NO. RN12-24046 James Gross 3646 Blue Dawn Drive North Las Vegas, NV 89032 and James
Gross 41 SW 7th Avenue Delray Beach, FL 33444 $ 80.00 Invoice No. 37738 $ 55.00 Admin Fee $ 135.00 238 SW 6TH AVENUE TOWN OF DELRAY LOTS 32 AND 33 BLOCK 15 PCN 12 43 46 16 01 015 0320
CASE NO. NA11-22107 Advantage Plus Mortgage Inc. % Michael J. McGoey, Reg. Agt. 639 East Ocean Avenue #101 Boynton Beach, FL 33435 $ 187.50 Invoice No. 37739 $ 55.00 Admin Fee $ 242.50
390 SE 2ND AVENUE TOWN OF DELRAY S 150 FT E OF RY BLOCK, 80 PCN 12 43 46 16 01 080 0140 CASE NO. NA12-23998 Right Angle Property, LLC % Corinne Fitzsimons, R/A 540 NW 11th Avenue Boca
Raton, FL 33486-3458 $ 80.00 Invoice No. 37741 $ 55.00 Admin Fee $ 135.00 586 NW 46TH AVENUE PINE TRAIL SEC 1 N 1/2 OF LOT 3 BLOCK 3 PCN 12 42 46 12 04 003 0031 CASE NO. NA11-21515 Eldert
Boerckel Estate 525 NW 46th Avenue Delray Beach, FL 33445-2114 $ 87.00 Invoice No. 37743 $ 55.00 Admin Fee $ 142.00 ASSESSMENT VIOLATION IS: SECTION 100.01 – LAND TO BE KEPT FREE OF
DEBRIS, VEGETATION, AND MATTER CONSTITUTES HAZARDS; DECLARED NUISANCE 2 PDFConvert.14818.1.RES_NO._28-12.xls
COST OF ABATING NUISANCES UNDER CHAPTER 100 OF THE CODE OF ORDINANCES PROPERTY DESCRIPTION OWNER 1107 SW 7TH AVENUE RIDGEWOOD HEIGHTS DELRAY N 35 FT OF LOT 3 BLOCK D PCN 12 43 46 20
20 004 0032 CASE NO. RN11-22139 Pinot IV LLC Dept. 5193 P.O. Box 2153 Birmingham, AL 35297 $ 97.85 Invoice No. 37740 $ 55.00 Admin Fee $ 152.85 702 SE 4TH AVENUE OSCEOLA PARK LOT 1 BLOCK
8 PCN 12 43 46 21 01 008 0010 CASE NO. NA12-23838 Edwina Jolly 702 SE 4th Avenue Delray Beach, FL 33483-3411 $ 80.00 Invoice No. 37744 $ 55.00 Admin Fee $ 135.00 203 NW 5TH AVENUE PJB
LLC PLAT LOT 2 PCN 12 43 46 17 63 000 0020 CASE NO. RN11-22333 Teresa Machado 12850 SW 189th Street Miami, FL 33177 $ 100.00 Invoice No. 37745 $ 55.00 Admin Fee $ 155.00 120 SW 3RD AVENUE
TOWN OF DELRAY S 23.5 FT OF LOT 11 AND LOT 12 OF N 1/2 OF BLOCK 38 PCN 12 43 46 16 01 038 0112 CASE NO. NA12-24008 Corine Meadows 120 SW 3rd Avenue Delray Beach, FL 33444 $ 140.00 Invoice
No. 37746 $ 55.00 Admin Fee $ 195.00 230 & 232 SW 12TH AVENUE ATLANTIC PARK GARDENS DELRAY LOT 20 BLOCK 4 PCN 12 43 46 17 18 004 0200 CASE NO. NA11-21625 ACME Real Estate Associates
% John Foss 3140 Sherwood Blvd. Delray Beach, FL 33445 $ 90.00 Invoice No. 37747 $ 55.00 Admin Fee $ 145.00 ASSESSMENT VIOLATION IS: SECTION 100.01 – LAND TO BE KEPT FREE OF DEBRIS,
VEGETATION, AND MATTER CONSTITUTES HAZARDS; DECLARED NUISANCE 3 PDFConvert.14818.1.RES_NO._28-12.xls
COST OF ABATING NUISANCES UNDER CHAPTER 100 OF THE CODE OF ORDINANCES PROPERTY DESCRIPTION OWNER 607 SW 9TH STREET DELRAY MANOR ADD TO DELRAY E 20 FT OF LOT 106 & W 40 FT OF LOT 107
PCN 12 43 46 20 12 000 1061 CASE NO. NA11-21576 Eric Mc Cabe 2559 Webb Avenue #3 Delray Beach, FL 33444 $ 80.00 Inovice No. 37748 $ 55.00 Admin Fee $ 135.00 4834 NW 6TH COURT PINE TRAIL
SEC II E 1/2 OF LOT 12 BLOCK 3 PCN 12 42 46 12 08 003 0122 CASE NO. RN12-23651 Rodolphe Jozile 4899 NW 6th Street Delray Beach, FL 33445 $ 80.00 Invoice No. 37749 $ 55.00 Admin Fee $
135.00 1331 PROSPECT STREET JEFFERSON MANOR LOT 32 PCN 12 43 46 17 24 000 0320 CASE NO. NA11-20785 Erica Pleasanton and Keith Southworth 1331 Prospect Street Delray Beach, FL 33444 and
Erica Pleasanton and Keith Southworth 1121 Green Creek Road Bakersville, NC 28705-9794 $ 97.50 Invoice No. 37750 $ 55.00 Admin Fee $ 152.50 169 SE 6TH AVENUE TOWN OF DELRAY LOTS 16 THRU
18 (LESS W 5 FT) B BLOCK 118 PCN 12 43 46 16 01 118 0162 CASE NO. NA11-20989 Delray Townhomes, LLC %Leopold, Korn & Leopold, P.A. 20801 Biscayne Blvd. #501 North Miami Beach, FL 33180
$ 191.50 Invoice No. 37751 $ 55.00 Admin Fee $ 246.50 430 SE 1ST AVENUE GRIFFIN GATE LOT 2-A PCN 12 43 46 21 61 000 0021 CASE NO. NA11-21018 Timothy H. Schnellenberger 542 13th Street
West Palm Beach, FL 33401-2604 $ 127.75 Invoice No. 37752 $ 55.00 Admin Fee $ 182.75 ASSESSMENT VIOLATION IS: SECTION 100.01 – LAND TO BE KEPT FREE OF DEBRIS, VEGETATION, AND MATTER
CONSTITUTES HAZARDS; DECLARED NUISANCE 4 PDFConvert.14818.1.RES_NO._28-12.xls
COST OF ABATING NUISANCES UNDER CHAPTER 100 OF THE CODE OF ORDINANCES PROPERTY DESCRIPTION OWNER 801 SE 4TH AVENUE MODEL LAND COS SUB OF W 1/2 E 128.5 FT OF W 153 FT OF N 75 FT OF S
145 FT OF LOT 9 BLOCK 1 PCN 12 43 46 21 09 001 0220 CASE NO. NA11-22023 Regina Jolly 801 SE 4th Avenue Delray Beach, FL 33483 $ 67.12 Invoice No. 37753 $ 55.00 Admin Fee $ 122.12 640
JAEGER DRIVE TROPIC PALMS PLAT NO. 1 LOT 184 PCN 12 43 46 29 02 000 1840 CASE NO. NA11-19796 Michael Longo 309 Gulfstream Drive Delray Beach, FL 33444 $ 91.50 Invoice No. 37754 $ 55.00
Admin Fee $ 146.50 4874 NW 5TH STREET PINE TRAIL SEC II W 1.27 FT OF LOT 2 & LOT 3 (LESS W 41.27 FT) BLOCK 4 PCN 12 42 46 12 08 004 0021 CASE NO. NA12-24928 Shafraz Hassan 662 SW 3rd
Avenue Boynton Beach, FL 33426 $ 80.00 Invoice No. 37756 $ 55.00 Admin Fee $ 135.00 ASSESSMENT VIOLATION IS: SECTION 100.01 – LAND TO BE KEPT FREE OF DEBRIS, VEGETATION, AND MATTER CONSTITUTES
HAZARDS; DECLARED NUISANCE 5 PDFConvert.14818.1.RES_NO._28-12.xls
MEMORANDUM TO: Mayor and City Commissioners FROM: Jasm in Allen, Planner Paul D orling, AICP, D irector of Planning and Zoning THROUGH: City M anager DATE: June 14, 2012 SUBJECT: AGENDA
ITEM 8.O. -REGULAR COMMISSION MEETING OF JUNE 19, 2012 REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS ITEM BEFORE COMMISSION The action requested of the City Commission is review
of appealable actions which were taken by various Boards during the period of June 5, 2012 through June 15, 2012. BACKGROUND This is the method of informing the City Commission of the
land use actions taken by designated Boards which may be appealed to the City Commission. After this meeting, the appeal period shall expire (unless the 10 day appeal period has not
occurred). Section 2.4.7(E), Appeals, 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: · The item must be raised by a Commission member. · By motion, an action must be taken to place the item on the next meeting agenda
of the Commission as an appealed item. REVIEW BY OTHERS Site Plan Review and Appearance Board Meeting of June 13, 2012 A. Approved (7 to 0), a request for a color change for Rotelli
Pizza & Pasta, located at the northeast corner of NE 5th Avenue and East Atlantic Avenue (501 East Atlantic Avenue). B. Approved (7 to 0), a color change request for two structures located
at 393 NE 5th Avenue (southeast corner of NE 5th Avenue and NE 4th Street). C. Approved (7 to 0), a Class II site plan modification, landscape plan and architectural elevations associated
with the construction of a utility shed and modifications to the recreational facilities for The Franklin at Delray Beach, located on the west side of South Federal Highway, approximately
320 feet south of SE 10th Street and north of the Plaza at Delray.
D. Approved with conditions (7 to 0), a Class IV site plan modification, landscape plan and architectural elevations associated with the construction of a 23,740 square foot building
addition and outdoor seating area at the Harbor Plaza, located at the northeast corner of South Federal Highway and Linton Boulevard. Concurrently, the Board approved a waiver to Section
4.6.9(D)(3) (C)(1) reducing the stacking distance from the required 50 feet to 21.4 feet for the parking facility that contains 51 or more parking spaces. E. Tabled (7 to 0), a Class
I site plan modification associated with the installation of accordion shutters for an existing commercial building located at 1501 North Federal Highway (east side of North Federal
Highway, north of NE 14th Street). F. Approved with condition (6 to 0, Rustem Kupi stepped down), a Class II site plan modification associated with architectural elevations and landscape
changes for an existing commercial building located at 814 NE 6th Avenue (west side of NE 6th Avenue, north of George Bush Boulevard). G. Approved with conditions (6 to 1, Alice Finst
dissenting), a Class III site plan modification associated with the conversion of 4,104 sq. ft. vacant restaurant and warehouse bay building to office for Top Stop Music Office Building,
located at the southeast corner of SE 4th Avenue and SE 1st Street (101 SE 4th Avenue). The landscape plan and architectural elevations were approved on a 7 to 0 vote. H. Tabled (7 to
0), a Class V site plan, landscape plan and architectural elevation plan associated with a 3-phase development for Village Square, located on the east side of Auburn Avenue between SW
7th Street and SW 10th Street. Phase I includes the construction of a 3-story senior citizen building containing 42 one-bedroom units and 42 two-bedroom units and a club house, pool,
and putting green. Phase II includes the construction of a clubhouse and six 3-story buildings with a mix of 6 one-bedroom units, 66 two-bedroom units, 48 three-bedroom units, and 24
four-bedroom units, (total of 144 units). Phase III includes the construction of 11 three-bedroom for-sale singlefamily homes and 14 three-bedroom for-sale duplex units. Historic Preservation
Board Meeting of June 6, 2012 1. Approved with conditions (5 to 0, Annette Smith and Ana Maria Aponte absent), a request for a Certificate of Appropriateness associated with the installation
of a new fence on a contributing property located at 418 NE 2nd Avenue, Del Ida Park Historic District. 2. Approved (5 to 0), a Class II site plan modification and a request for a Certificate
of Appropriateness for the installation of three parking spaces and alterations to a non-contributing building, located at 20 West Atlantic Avenue, Old School Square Historic District.
3. Approved with conditions (5 to 0) a request for a Certificate of Appropriateness and Master Sign Plan for a contributing, multi-tenant commercial building located 44 East Atlantic
Avenue,Old School Square Historic District. No other appealable items were considered by the Historic Preservation Board. The following item which was considered by the Board will be
forwarded to the City Commission for action: 4. Recommend to the City Commission approval of the final Tax Exemption application for the new construction of an accessory structure on
a contributing property located at 109 Fern Court, Del Ida Park Historic District. RECOMMENDATION
By motion, receive and file this report. Attachment: Location Map
MEMORANDUM TO: Mayor and City Commissioners FROM: Michael Vinci, Planner Paul Dorling, AICP, Director of Planning and Zoning THROUGH: City Manager DATE: June 13, 2012 SUBJECT: AGENDA
ITEM 9.A. -REGULAR COMMISSION MEETING OF JUNE 19, 2012 APPEAL OF SITE PLAN REVIEW AND APPEARANCE BOARD ACTION: FIRESTONE AT DELRAY ITEM BEFORE COMMISSION The action requested of the
City Commission is consideration of an appeal of the Site Plan Review and Appearance Board's (SPRAB) denial of a Class I site plan and architectural elevation change for Firestone, located
at 5190 W. Atlantic Avenue. At its meeting of April 25, 2012, the Site Plan Review and Appearance Board (SPRAB) considered a Class I site plan modification, and architectural elevations
changes associated with the replacement of existing service bay doors for Firestone. The existing doors are glass panel, and the proposed doors are industrial steel. The SPRAB tabled
the proposal with the direction that the applicant provide a door design that is less industrial in appearance. At its meeting of May 9, 2012, the SPRAB reviewed the alternative design
presented by the applicant which contained a more decorative appearance. The Board felt that the proposed design was still too industrial and was not compatible giving the site visibility
from Atlantic Avenue, and denied the proposal (0-5).The applicant submitted an appeal request on May 16, 2012. This request is being processed pursuant to LDR Section 2.4.7(E)[Appeals].
BACKGROUND The subject property, which is located on the south side of West Atlantic Avenue approximately 645’ feet west of Military Trail, was developed in Palm Beach County and annexed
into the City of Delray Beach in April 1991 per Ordinance #7-91. The 7,072 sq. ft. building, which was built in 1985, contains an automobile repair service center (Firestone). The applicant
now is seeking to replace the four (4) glass service bay doors which face Atlantic Avenue. On April 25, 2012, the Site Plan Review and Appearance Board (SPRAB) tabled a proposal to replace
the existing service bay doors for Firestone. At its meeting of May 9, 2012, the SPRAB reviewed an alternative design and unanimously denied the proposal.
APPEAL On May 16, 2012, Douglas E. Farley (Firestone) filed an appeal with the City Clerk’s office. The appeal lists the following grounds for overturning the SPRAB denial: 1. The existing
full vision glass service bay doors do not comply with Florida Building Code due to hurricane wind load restrictions. The only available commercial service bay doors that comply with
Florida Code are solid steel service bay doors. 2. The solid steel service bay doors are in conformity with good taste, good design and appearance with typical service bay doors commonly
used at auto service centers located in South Florida. 3. The existing full vision glass service bay doors are in excess of thirty years old; they no longer conform to hurricane wind
load requirements, and represent a serious safety concern for our customers and teammates. 4. Our other Delray Beach Firestone store located at 217 SE 6th Avenue was reviewed before
the same SPRAB meeting on May 19, 2012, and was approved for new solid steel service bay doors exactly like the doors proposed for our 5190 W. Atlantic Avenue store. 5. The Goodyear
store located at 4715 W. Atlantic Avenue, and not more than one half mile from our W. Atlantic store, has solid blue steel service bay doors in accordance with Florida Building Code
and therefore we should be permitted to use the same type of service bay doors (see enclosed photo). 6. Our normal operating hours are from 7:00 AM to 7:00 PM each day, during these
hours the service bay doors remain open and are not visible. “In conclusion, it is our professional opinion that the SPRAB did not take into consideration the State of Florida Building
Code, and thus rejected our proposal based upon their desire to have the service bay doors contain some amount of glass in direct conflict with the Florida Building Code. Enclosed is
a photo of the existing service bay doors, and an artist rendering of the new solid steel service bay doors for consideration, and ask that the recommendation of denial by the Board
be overturned.” The Board did take the State of Florida Building Code into consideration when rendering their decision and requiring service doors with some amount of glass is not in
direct conflict with the Florida Building Code. The Board felt that there were less industrial alternatives, including glass doors containing impact glass, that are more appropriate
given the site's high visibility along a major arterial (West Atlantic Avenue). Some examples are attached as Exhibit A. Further, the applicant also references recent approvals at 217
SE 6th Avenue as reasons to support a more industrial application. While a more aesthetically pleasing door would have been more desirable at that location, the Board approved the more
industrial alternative as these doors face north and are not directly visible from SE 6th Avenue. In fact as SE 6th Avenue is northbound only, they are not visible to passing traffic
unless you view them in your rear view mirror. Given these factors, Staff believes the SPRAB’s denial was appropriate for 5190 W. Atlantic Avenue and the applicant should avail himself
of other less industrial options. RECOMMENDATION Deny the appeal, upholding the SPRAB’s decision and provide direction that the applicant provide a more aesthetically pleasing door (less
industrial) that meets Florida Building Code requirements.
IN THE CITY COMMISSION CHAMBERS OF THE CITY OF DELRAY BEACH, FLORIDA ORDER OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA ON THE APPEAL OF THE SPRAB 05/09/12 DENIAL OF A
CLASS I SITE PLAN AND ARCHITECTURAL ELEVATIONS ASSOCIATED WITH THE REPLACEMENT OF SERVICE DOORS FOR FIRESTONE COMPLETE AUTO CARE STORE, LOCATED AT 5190 W. ATLANTIC AVENUE 1. This is
an appeal of the May 9, 2012 decision by the Site Plan Review and Appearance Board (“SPRAB”) denying Class I Site Plan and Architectural Elevation change associated with the Firestone
Complete Auto Care store, located at 5190 W. Atlantic Avenue, which came before the City Commission at its meeting on June 19, 2012. 2. The Appellants, Appellee and City staff presented
documentary evidence and testimony to the City Commission pertaining to the appeal of the denial of a Class I Site Plan and Architectural Elevation change associated with the Firestone
Complete Auto Care store. Required findings are made in accordance with Subsection I. I. LDR REQUIREMENTS FOR ARCHITECTURAL ELEVATIONS: A. Pursuant to LDR Section 4.6.18(E), (1) the
proposed structure is in conformity with good taste, good design, and in general contributes to the image of the City as a place of beauty, spaciousness, harmony, taste, fitness, broad
vistas, and high quality; (2) the proposed structure is in its exterior design and appearance of quality such as not to cause the nature of the local environment or evolving environment
to materially depreciate in appearance and value; (3) the proposed structure is in harmony with the proposed developments in the general area, with the Comprehensive Plan, and with the
supplemental criteria which may be set forth for the Board from time to time. Has this requirement been met? Yes ______ No ______ 4. The City Commission has applied the Comprehensive
Plan and LDR requirements in existence at the time the original site plan was submitted. 5. The City Commission finds there is ample and competent substantial evidence to support its
findings in the record submitted and adopts the facts contained
2 in the record including but not limited to the staff reports, testimony of experts and other competent witnesses supporting these findings. 6. Based on the entire record before it,
the City Commission approves ____ denies ____ the appeal. The City Commission hereby adopts this Order this 19th day of June, 2012, by a vote of _____ in favor and _____ opposed. ATTEST:
________________________________ Nelson S. McDuffie, Mayor ____________________________ Chevelle Nubin City Clerk
MEMORANDUM TO: Mayor and City Commissioners FROM: Lula Butler, Director, Community Improvement THROUGH: David Harden, City Manager DATE: June 13, 2012 SUBJECT: AGENDA ITEM 9.B. -REGULAR
COMMISSION MEETING OF JUNE 19, 2012 SELECTION OF A SOLID WASTE COLLECTION SERVICES PROVIDER ITEM BEFORE COMMISSION City Commission consideration of and direction to staff regarding selection
of a Solid Waste Collection Services provider for the City. BACKGROUND The City has previously received a proposal from Waste Management, our current solid waste collection franchise
holder, for renewing their franchise. A copy of the detailed proposal is attached. The Commission has had this proposal since February, but has taken no action on it. Waste Management's
franchise from the City will expire on September 30, 2013. The City may either elect to renew the franchise with Waste Management or issue a Request for Proposals (RFP). If the Commission
wishes to issue an RFP, then staff needs to begin work on preparing the RFP. This much lead time is required because of the complexity of the RFP, the complexity of evaluating RFP responses
for solid waste collection, and the lead time required by a company to purchase all the equipment and hire employees necessary to serve a city the size of Delray Beach. Also attached
is the February 21, 2012 agenda memo, which includes a detailed summary analysis of ten (10) municipal franchise agreements that were either renewed or awarded within the past two (2)
years. The third attachment is a comparison of eight cities using Delray Beach volumes which shows that our current rates generate less revenue for the franchise holder than the rates
in effect in any of the other seven cities. Cities with lower single family rates have shifted costs to multi-family or commercial customers. These comparisons are given as a reference
in response to the proposal from Waste Management to renew the current Franchise Agreement. The proposal was for an option of either a 5-, 8-or 10-year franchise. The previous agenda
memorandum, dated February 15, 2012, also details the changes associated with an extension. This item was scheduled for the February 21, 2012 City Commission meeting, but the item was
subsequently removed. RECOMMENDATION City Commission discretion.
MEMORANDUM TO: Mayor and City Commissioners FROM: David T. Harden, City Manager DATE: June 15, 2012 SUBJECT: AGENDA ITEM 9.C. -REGULAR COMMISSION MEETING OF JUNE 19, 2012 DESIGNATION
OF VOTING DELEGATE ITEM BEFORE COMMISSION The 86th Annual Conference of the Florida League of Cities will be held at Westin Diplomat in Hollywood, Florida on August 23-25, 2012. The
League encourages each member city to send as many delgates 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. Municipalities do not need to adopt a resoution to designate a voting
delegate. BACKGROUND Last year Commissioner Gray was selected as the voting delgate. The Mayor, a Commissioner, or the City Manager may be designated to serve in that capacity. RECOMMENDATION
Recommend designation of a voting delegate to cast votes on behalf of the City of Delray Beach at the Annual Business Session of the Florida League of Cities.
MEMORANDUM TO: Mayor and City Commissioners FROM: David T. Harden, City Manager DATE: June 13, 2012 SUBJECT: AGENDA ITEM 9.D. -REGULAR COMMISSION MEETING OF JUNE 19, 2012 APPOINTMENTS
TO THE DOWNTOWN DEVELOPMENT AUTHORITY ITEM BEFORE COMMISSION This item is before the City Commission for appointments to the Downtown Development Authority. BACKGROUND The terms for
regular members Mr. Fran Marincola and Mr. David Cook will expire on July 1, 2012. Mr. Marincola will have served two (2) full terms and is not eligible for reappointment. Mr. Cook will
have served one (1) full term, is eligible and would like to be considered for reappointment. Appointments are needed for two (2) regular members to serve three (3) year terms ending
July 1, 2015. To qualify for appointment, a prospective member must reside in or have his or her principal place of business in the City, and shall not be serving as a City officer or
employee. There is a requirement that at least four of the members must be owners of real estate within the downtown area, a lessee thereof required by the lease to pay taxes thereon,
or a director, officer or managing agent of an owner or of a lessee thereof so required to pay taxes thereon. A map of the Downtown Development Authority Boundary is included for your
review. Currently serving on the Downtown Development Authority and meeting ownership and tax payment qualifications are Mr. Fran Marincola, Mr. Seabron Smith, Mr. Albert Richwagen and
Mrs. Nancy Stewart-Franczak. The following individuals have submitted applications and would like to be considered for appointment: (See Exhibit “A” attached) A check for code violations
and/or municipal liens was conducted. None were found. Voter registration verification was completed and all are registered. Based on the rotation system, the appointments will be made
by Commissioner Frankel (Seat #3) and Commissioner Gray (Seat #4) for two (2) regular members to serve on the Downtown Development Authority for three (3) year terms ending July 1, 2015.
RECOMMENDATION Recommend appointment of two (2) regular members to serve three (3) year terms ending July 1, 2015, at least one of whom meets the tax qualification..
DOWNTOWN DEVELOPMENT AUTHORITY (DDA) 85 SE 4th Avenue, Suite #108 Delray Beach, FL 33483 3 year term 07/11 TERM EXPIRES REGULAR MEMBERS 07/01/2014 Appt 06/21/11 Albert Richwagen *Tax
qualification 07/01/2014 Appt 07/05/11 Ryan Boylston 07/01/2012 Appt 06/20/06 Reappt 06/16/09 Fran Marincola, Chair *Tax qualification 07/01/2014 Appt 08/05/08 Reappt 06/21/11 Diane
Franco, Secretary 07/01/2012 Unexp Appt 05/15/07 Reappt 07/07/09 David Cook, Treasurer *Tax qualification 07/01/2014 Reappt 06/21/11 Reappt 07/01/08 Unexp Appt 07/11/06 Nancy Stewart-Franczak
*Tax qualification 07/01/2013 Unexp Appt 07/21/09 Reappt 07/06/10 Seabron Smith *Tax qualification
DOWNTOWN DEVELOPMENT AUTHORITY EXHIBIT “A” David Beale Attorney Tax Qualification Bonnie Beer Restaurateur/Business Owner Tax Qualification David Cook Sales/Vic President Incumbent Mark
Denkler Sales-Business Owner Tax Qualification Pearl Markfield Elrod Realtor (also applying for the Delray Beach Housing Authority) Kenneth Peltzie Self-employed Harold Van Arnem Principal/Developer
MEMORANDUM TO: Mayor and City Commissioners FROM: David T. Harden, City Manager DATE: June 13, 2012 SUBJECT: AGENDA ITEM 9.E. -REGULAR COMMISSION MEETING OF JUNE 19, 2012 APPOINTMENT
TO THE DELRAY BEACH HOUSING AUTHORITY ITEM BEFORE COMMISSION This item is before the City Commisison for an appointment to the Delray Beach Housing Authority. BACKGROUND The term for
regular member, Mr. Joseph Hepp, will expire on July 14, 2012. Mr. Hepp will have served an unexpired term, is eligible and would like to be considered for reappointment. Appointment
is needed for one (1) regular member. Per Florida Statute, Chapter 421, an appointee may not be an officer or employee of the City. The following individuals have submitted applications
and would like to be considered for appointment: (See Exhibit “A” attached) A check for code violations and/or municipal liens was conducted. None were found. Voter registration verification
was completed and all are registered. According to Florida Statutes, members are appointed by the Mayor and ratified by the Commission. However, at the City Commission meeting of June
5, 1991, a consensus was reached whereby each Commissioner would, on an informal basis and according to the rotation procedure, make a recommendation to the Mayor as to the Housing Authority
appointees. Based on this system, the recommendation/appointment will be made by Commissioner Carney (Seat #1) for one (1) regular member to serve a four (4) year term ending July 14,
2016. RECOMMENDATION Recommend appointment of one (1) regular member to serve a four (4) year term ending July 14, 2016.
DELRAY BEACH HOUSING AUTHORITY 4 YEAR TERM 600 N. Congress Avenue, Suite 310B Delray Beach, FL 33445 04/12 TERM EXPIRES REGULAR MEMBERS 07/14/2012 Unexpired Appt 10/21/08 Joseph Hepp,
Chair 07/14/2014 Unexp Appt 10/04/11 Marcia Beam 07/14/2014 Unexp Appt 07/10/07 Reappt 07/06/10 Sylvia Morris 07/14/2013 Appt 07/07/09 Shelly Petrolia 10/27/2015 Appt 11/6/07 Reappt
10/04/11 Christel Silver, Vice Chair 03/06/2014 Unexp Appt 10/05/10 Guarn Sims 07/14/2014 Unexp Appt 05/19/09 Reappt 07/06/10 Choli Aronson
DELRAY BEACH HOUSING AUTHORITY EXHIBIT A Joseph Bernadel Nayda Cottone-Ovadia (currently serving on the Nuisance Abatement Board) Edward Desmond Irene Frazier Joseph Hepp Incumbent Pearl
Markfield Elrod (also applying for the Downtown Development Authority) Tonya McCollin Cajuste Morris Weinman
MEMORANDUM TO: Mayor and City Commissioners FROM: David T. Harden, City Manager DATE: June 13, 2012 SUBJECT: AGENDA ITEM 9.F. -REGULAR COMMISSION MEETING OF JUNE 19, 2012 APPOINTMENTS
TO THE CIVIL SERVICE BOARD ITEM BEFORE COMMISSION This item is before the City Commission for appointments to the Civil Service Board. BACKGROUND The terms for regular member Ms. Carol
Anderson and alternate member Ms. Carol Clark will expire on July 1, 2012. There is an additional vacancy for a regular member due to the passing of Mr. Sidney Grossman. Ms. Anderson
will have served one (1) full term and would not like to be considered for reappointment. Ms. Clark will have served one (1) full term, is eligible and would like to be considered for
reappointment. Please note that Ms. Clark would like to be considered for regular membership. Appointments are needed for two (2) regular members and one (1) alternate member. However,
only two (2) appointments will be made because there are only two (2) applicants at this time. According to the Civil Service Act, there are to be five (5) regular members on the Civil
Service Board; three (3) of which are to be of different vocations or vocational backgrounds, not employed by the City in any capacity, official or otherwise and appointed by the City
Commission. Eligible City employees elect two (2) regular members. In addition, there are two (2) alternate members. The appointee need not be a resident, property owner or business
owner within the City. The following individual has submitted an application and would like to be considered for appointment: Name Background Carol Clark Retired/Accounting Clerk Incumbent
Keith Sonderling Attorney A check for code violations and/or municipal liens was conducted. None were found. Voter registration verification was completed and all are registered. Based
on the rotation system, the appointments will be made by Commissioner Frankel (Seat #3) and
Commissioner Gray (Seat #4) for two (2) regular members to serve two (2) year terms ending July1, 2014. RECOMMENDATION Recommend appointments of two (2) regular members to serve two
(2) year terms ending July 1, 2014.
CIVIL SERVICE BOARD 04/12 TERM EXPIRES REGULAR MEMBERS CURRENT OCCUPATION 07/01/2012 Appt 07/06/10 Carol Anderson Educator 07/01/2014 Vacant 04/01/2013 Appt 04/05/11 Larry Zalkin Financial
Advisory 04/29/2013 Elected 04/27/05 Re-elected 04/26/06 Re-elected 04/26/07 Re-elected 04/30/08 Re-elected 04/30/09 Re-elected 04/29/10 Re-elected 04/28/11 Re-elected 04/25/12 Jennifer
Reynolds, Chairperson Network Engineer 04/29/13 Elected 04/25/12 Chassler Holm Utility Maintenance Supervisor ALTERNATES 07/01/2012 Appt 07/06/10 Carol Clark Retired/Accounting Clerk
04/29/2013 Elected 04/25/12 Michael Vinci Planner S/City Clerk/Board 12/Civil Service
MEMORANDUM TO: Mayor and City Commissioners FROM: David T. Harden, City Manager DATE: June 13, 2012 SUBJECT: AGENDA ITEM 9.G. -REGULAR COMMISSION MEETING OF JUNE 19, 2012 APPOINTMENTS
TO THE NEIGHBORHOOD ADVISORY COUNCIL ITEM BEFORE COMMISSION This item is before the City Commission for appointments to the Neighborhood Advisory Council. BACKGROUND There are vacancies
on the Neighborhood Advisory Council due to the resignations of regular members Mr. David Stein (Zone 5) and student member Ms. Andrea Poveda. Ms. Shirl Fields (Zone 3) also resigned
because she moved and was no longer residing in her appointed zone. These appointments will be for two (2) regular members to serve the unexpired terms plus the following regular terms
ending July 31, 2015. There are no student applicants at this time. The Neighborhood Advisory Council was established for the purpose of maintaining broad-based community involvement
with the residents, creating neighborhood outreach initiatives, enhancing communication, improving the aesthetics of the neighborhoods and identifying any potential threats to the stability
of the neighborhoods. The Council consists of fifteen (15) regular and two (2) student members. Twelve (12) members are residents with two (2) selected from each of the six neighborhood
zones, and three (3) at large representatives, who may be selected from a community civic organization or business owner located within a neighborhood zone interested in the enhancement
of its surrounding neighborhoods. A map of the appointment zones is included for your review. The following individuals have submitted applications for consideration: (Applicants are
listed by zones; however, the applications are in alphabetical order.) (See Exhibit “A” Attached) Based on the rotation system, the appointments will be made by Mayor McDuffie (Seat
#5) and Commissioner Carney (Seat #1) for one (1) regular member each from Zone 3 and Zone 5 to serve unexpired terms plus three (3) year terms ending July 31, 2015. RECOMMENDATION Recommend
appointment of two (2) regular members to serve an serve an unexpired plus three (3) year terms ending July 31, 2015.
06/12 NEIGHBORHOOD ADVISORY COUNCIL TERM EXPIRES DISTRICT NAME 07/31/13 Unexp Appt 11/16/10 Zone 1 Susan Sims 07/31/14 Appt 09/06/11 Zone 2 Stephen Lampel 07/31/13 Unexp Appt 10/17/06
Reappt 10/16/07 Reappt 10/19/10 Zone 3 Linda Laurence Leib 07/31/13 Appt 10/19/10 Zone 4 Suzanne Donohue 07/31/14 Unexp 03/03/08 Reappt 10/07/08 Reappt 07/19/11 Zone 5 Gail-Lee McDermott
07/31/14 Unexp Appt 02/20/07 Reappt 10/07/08 Reappt 07/19/11 Zone 6 Linda Prior 07/31/14 Unexp Appt 06/05/12 Zone 1 Mark Behar 07/31/14 Unexp Appt 04/03/12 Zone 2 Colson Zulmar 07/31/12
Unexp Appt 10/20/09 Zone 4 Isabel Make 07/31/15 Unexp Appt Zone 4 Vacant 07/31/15 Unexp Appt Zone 5 Vacant 07/31/15 Unexp Appt 06/05/12 Zone 6 Adam Reback 07/31/14 Uenxp Appt 02/03/09
Reappt 07/19/11 At Large Representative William Milner, 2nd Vice Chair 07/31/14 Appt 08/02/11 At Large Representative Lee Cohen 07/31/12 Appt 10/06/09 At Large Representative Margherita
Downey 07/31/12 Student Vacant 07/31/12 Student Vacant Board 12/Neighborhood Advisory Council
NEIGHBORHOOD ADVISORY COUNCIL EXHIBIT A Applicant Subdivision Zone 3 Mary Minieka (currently serving on the Public Art Advisory Board) Linton Lakes Wendy Smith Rabbit Hollow Zone 5 Pearl
Markfield Elrod Town of Delray Dorothy Payne South Bay
MEMORANDUM TO: Mayor and City Commissioners FROM: David T. Harden, City Manager DATE: June 13, 2012 SUBJECT: AGENDA ITEM 9.H. -REGULAR COMMISSION MEETING OF JUNE 19, 2012 APPOINTMENT
TO THE FINANCIAL REVIEW BOARD ITEM BEFORE COMMISSION This item is before the City Commission for an appointment to the Financial Review Board. BACKGROUND There is a vacancy on the Financial
Review Board for one (1) alternate member due to the resignation of Mr. David Stein. The term is unexpired ending July 31, 2013. An appointment is needed for one alternate member. On
October 6, 2009, the Delray Beach City Commission adopted Resolution No. 55-09 establishing the Budget Review Committee to review the City’s budget, systems and procedures, technology
improvements, or related materials and concepts and make recommendations regarding revenues, salaries and benefits, operating expenses, debt service expenses, capital outlay, grants
to other entities and transfers to other funds or any other items that may favorably impact the City’s budget and overall financial condition. The Commission later adopted Resolution
No. 58-09 which renamed the committee as the Financial Review Board with the expanded responsibilities of analysis of revenues and expenses and business practices and processes. Resolution
No. 05-11 provided further amendments to clarify that the Board’s duties shall fall under the direction of the City Manager or the City Commission and to restrict the membership of the
Board. The Financial Review Board shall consist of nine (9) members. Five (5) seats on the Board must be filled with a certified public accountant, accounting professional, finance professional,
certified financial planner, investment advisor, insurance professional (property/casualty or health), business owner/manager/officer and someone with an MBA or MPA degree. The remaining
four (4) members may be at large. The following individuals have submitted applications and would like to be considered for appointment: Applicants with experience in the professions
required: Jeremy Office Associate Director/Wealth Management Advisor MBA
Applicants interested in being an at-large member: Patricia Maguire Public Relations/Editor A check for code violations and/or municipal liens was conducted. None were found. Voter registration
verification was completed and they are registered. Based on the rotation system, the appointment will be made Commissioner Gray (Seat #4) for one (1) alternate member to serve an unexpired
term ending July 31, 2013. RECOMMENDATION Recommend appointment of one (1) alternate member to serve an unexpired term ending July 31, 2013.
FINANCIAL REVIEW BOARD 06/12 TERM EXPIRES REGULAR MEMBERS OCCUPATION 07/31/12 Unexp Appt 03/20/12 Brian Anderson Director of Communications 07/31/14 Unexp Appt 06/05/12 + 2 Yrs RosaTorres-Tumazos
Business Strategy Consultant 07/31/13 Unexp Appt 04/05/11 Reappt 06/21/11 John Hallahan, Chair Assistant Director of Operations/Retired P.E. MBA 07/31/12 Unexp Appt 01/17/12 Brian Wood
Director/Senior Manager-Finance 07/31/13 Appt 11/03/09 Reappt 6/21/11 Christina Morrison, Chair Realtor 07/31/13 Unexp Appt 06/05/12 Alan Weitz Banking 07/31/12 Appt 07/20/10 Luise Piane
Executive Management ALTERNATES 07/31/13 Unexp Appt 01/03/12 Warren Trilling Business Development Manager CPA 07/31/13 Unexp Appt Vacant
MEMORANDUM TO: Mayor and City Commissioners FROM: David T. Harden, City Manager DATE: June 12, 2012 SUBJECT: AGENDA ITEM 10.B. -REGULAR COMMISSION MEETING OF JUNE 19, 2012 ORDINANCE
NO. 16-12 ITEM BEFORE COMMISSION This ordinance is before Commission for second reading to consider an amendment to Chapter 33 “Police and Fire-Rescue Departments”, subtitle "Pensions",
Section 33.60, “Definitions”, Section 33.61, “Membership Conditions of Eligibility; Application”; Section 33.62, “Benefit Amounts and Eligibility”; Section 33.63, “Optional Forms of
Benefits”; Section 33.64, “Contributions”; Section 33.65, “Administration”; Section 33.66, “Finances and Fund Management”; Section 33.689, “Retirement Benefit Enhancement”; Section 33.70,
“Direct Transfers of Eligible Rollover Distributions”; and creating Section 33.73, “Termination of the System”, to implement and comply with Chapter 2009-97, Laws of Florida; Chapter
2011-216; and the Internal Revenue Code; and to comply with a court decision. BACKGROUND At the first reading on June 5, 2012, the Commission passed Ordinance No. 16-12. The attached
Ordinance incorporates the provision options agreed to by the Commission on June 5. RECOMMENDATION Recommend approval of Ordinance No. 16-12 on second and final reading.
ORDINANCE NO. 16-12 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 33 "POLICE AND FIRE-RESCUE DEPARTMENTS", SECTION 33.60, "DEFINITIONS" ;
SECTION 33.61, "MEMBERSHIP CONDITIONS OF ELIGIBILITY; APPLICATION"; SECTION 33.62, "BENEFIT AMOUNTS AND ELIGIBILITY"; SECTION 33.63, "OPTIONAL FORMS OF BENEFITS"; SECTION 33.64, "CONTRIBUTIONS";
SECTION 33.65, "ADMINISTRATION"; SECTION 33.66, "FINANCES AND FUND MANAGEMENT"; SECTION 33.689, "RETIREMENT BENEFIT ENHANCEMENT"; SECTION 33.70, “DIRECT TRANSFERS OF ELIGIBLE ROLLOVER
DISTRIBUTIONS”; AND CREATING SECTION 33.73, "TERMINATION OF THE SYSTEM", TO IMPLEMENT AND COMPLY WITH CHAPTER 2009-97, LAWS OF FLORIDA; CHAPTER 2011-216; AND THE INTERNAL REVENUE CODE;
AND TO COMPLY WITH A COURT DECISION; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the City Commission desires to amend the City Police And Firefighters
Retirement System as set forth in Chapter 33 of the City Code to implement certain provisions of Chapter 2009-97, Laws of Florida; Chapter 2011-216, Laws of Florida; the Internal Revenue
Code; and the decision of the court in State of Florida Dept. Mgt. Svs. v. City of Delray Beach, Florida, 40 So. 3d 835 (Fla. 1st DCA 2010). BE IT ORDAINED BY THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Chapter 33, “Police and Fire-Rescue Departments”, Section 33.60 “Definitions”, of the Code of Ordinances of the City of
Delray Beach is hereby amended to read as follows: Sec. 33.60. -DEFINITIONS. For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates
or requires a different meaning.
2 Ord No. 16-12 Average monthly earnings. One thirty-sixth of the arithmetical average for the highest consecutive thirty-six-month period preceding the actual retirement or termination
of a member; provided, however, the benefit derived shall not be less than the benefit that would have been paid based on a definition of average monthly earnings of one twenty-fourth
of the arithmetical average for the highest consecutive twenty-four-month period, as calculated prior to the effective date of Ordinance No. 17-04. In addi t ion to other appl icable
l imi tat ions set forth in the plan, and notwithstanding any other provisions of the plan to the contrary, for the plan years beginning on or after January 1, 1996, the annual compensation
of each Member taken into account under the plan shall not exceed the annual compensation limit of Section 401(a)(17)(B) of the Internal Revenue Code, as amended for cost of living increases,
which is incorporated herein by reference. Earnings. Prior to October 1, 2006, earnings shall mean base Basic wages paid to a member, including state education compensation, police basic
education and police and fire career education compensation, but excluding overtime, bonuses and any other payments. Effective October 1, 2006, earnings for firefighter members shall
mean base wages paid to the member including state education compensation and fire career education compensation, but excluding overtime, bonuses and any other payments. Effective October
1, 2006, earnings for police officer members, shall mean base wages paid to the member including state education compensation, police basic education, police career education compensation
and up to twenty-five (25) hours of overtime compensation per fiscal year, but excluding bonuses and any other payments. Section 2. That Chapter 33, “Police and Fire-Rescue Departments”,
Section 33.61, “Membership, Conditions of Eligibility; Application”, of the Code of Ordinances of the City of Delray Beach is hereby amended to read as follows: Sec. 33.61-MEMBERSHIP;
CONDITIONS OF ELIGIBILITY; APPLICATION. (A) Conditions of eligibility. (1) Employees, as defined in Section 33.60, who are covered under the retirement program provided under F.S. Chapters
175 and 185, as of the effective date, shall become members of this system.
3 Ord No. 16-12 (2) Any employee who is a member of the City's retirement plan for general employees at the time of adoption of this retirement system may become a member of this system
provided he elects to transfer his employee contribution account from the retirement plan for general employees to this system, which he is authorized to do by this subchapter, and provided
he also deposits to the Trust Fund, on the basis of procedures established by the Board of Trustees, an amount equal to the additional moneys he would have contributed had he always
been covered under F.S. Chapters 175 and 185, plus interest in an amount to be determined by the Board. (3) Any other employee shall, as a condition of employment, become a member upon
employment, provided that: (a) The employee satisfactorily completes all required medical examinations for an employee of his classification, including any examination prescribed by
the Board; and (b) The employee meets all requirements of the Civil Service Board of the City. However, for purposes of disability benefits hereunder, the Board may declare anyone becoming
a member under subsection (A)(3) of this Section to be permanently ineligible, but only at the time of initial membership, and only in the event that any medical examination under subsection
(A)(3)(a) of this Section reveals a condition or symptom which has previously been determined by the Board to render members not eligible for disability. A determination by the Board
as to disqualifying conditions and symptoms must be reflected in prior Board minutes, and a declaration of a member's ineligibility must be recorded in the Board's minutes and noted
on the member's application form. (B) Application. Each eligible employee shall complete an application form covering the following points, as well as any other points or items as may
be prescribed by the Board. (1) The employee's acceptance of the terms and conditions of the retirement system, including an initialing of any declaration of ineligibility for disability
benefits; (2) The employee's designation of a beneficiary; and (3) Authorization of a seven and thirty three hundredths (7.33) percent payroll
4 Ord No. 16-12 deduction payable to the system, effective October 1, 1989 in the amount provided for in Section 33.64 (A). (C) Change in Designation of Beneficiary. (1) A member, including
a member who has elected to participate in the Deferred Retirement Option Plan pursuant to Section 33.685, shall designate the joint pensioner annuitant or beneficiary to receive the
benefit, if any, payable under the plan in the event of the member's death, on a form provided by the Board of Trustees. (2) The member may revoke or change the designation of a joint
pensioner annuitant or beneficiary at any time prior to the commencement of retirement income or benefits, or prior to the member's entry into the Deferred Retirement Option Plan, by
submitting such change in writing on a form provided by the Board of Trustees. (3) A retired member, including a retired member who retired prior to the effective date of this ordinance
[December 31, 1999], is a participant in the Deferred Retirement Option Plan may also change the designation of the member's a joint pensioner annuitant or beneficiary after the commencement
of retirement income or benefits up to two times without the approval of the Board of Trustees. Any additional changes must be approved by the Board of Trustees. A retiree need not provide
proof of the good health of the joint annuitant or beneficiary being removed, and the joint annuitant or beneficiary being removed need not be living. The consent of the retiree's joint
annuitant or beneficiary to any change in such designation shall not be required. subject to approval by the Board of Trustees, and in accordance with the following: (1) The member must
pay the full cost of determining the equivalent actuarial value of the benefit payable. (2) The consent of a member’s joint pensioner or beneficiary to any such change in such designation
shall not be required. (3) The amount of retirement income payable to the member upon the designation of a new joint pensioner annuitant shall be actuarially redetermined, taking into
account the benefits already received by the member, and the age and sex of the former joint pensioner, annuitant the new joint pensioner annuitant and the member. (4) Each designation
of a joint pensioner annuitant or beneficiary shall be made in writing on a form provided by the Board of Trustees. (5) Upon a change in designation of joint pensioner annuitant or beneficiary,
the rights of all previously designated joint pensioner annuitants or beneficiaries to receive any benefit under the system shall cease.
5 Ord No. 16-12 Section 3. That Chapter 33, “Police and Fire-Rescue Departments”, Section 33.62, “Benefit Amounts and Eligibility”, of the Code of Ordinances of the City of Delray Beach
is hereby amended to read as follows: * * * * (J) Required Payment of Pension Benefits. Pension benefits shall begin no later than April 1 of the calendar year following the calendar
year in which the member retires, or in which the member attains age seventy and one-half (70 1/2), even if the member has not filed a claim for pension benefits. In addition, payment
of benefits shall be made in accordance with the applicable provisions of Section 401(a)(9) of the Internal Revenue Code, which is incorporated herein by reference. Notwithstanding any
other provision of this plan to the contrary, a form of retirement income payable from this plan, shall satisfy the following conditions: (1) If the retirement income is payable before
the member's death: a. It shall either be distributed or commence to the member not later than April 1 of the calendar year following the later of the calendar year in which the member
attains age 70 1/2, or the calendar year in which the member retires; b. The distribution shall commence not later than the calendar year defined above; and (i) shall be paid over the
life of the member or over the lifetimes of the member and spouse, issue or dependent, or (ii) shall be paid over the period extending not beyond the life expectancy of the member and
spouse, issue or dependent. Where a form of retirement income payment has commenced in accordance with the preceding paragraphs and the member dies before his entire interest in the
plan has been distributed, the remaining portion of such interest in the plan shall be distributed no less rapidly than under the form of distribution in effect at the time of the member's
death. (2) If the member's death occurs before the distribution of his interest in the plan has commenced, member's entire interest in the plan shall be distributed within five years
of member's death, unless it is to be distributed in accordance with the following rules: a. The member's remaining interest in the plan is payable to his spouse, issue or dependent;
6 Ord No. 16-12 b. The remaining interest is to be distributed over the life of the spouse, issue or dependent or over a period not extending beyond the life expectancy of the spouse,
issue or dependent; and c. Such distribution begins within one year of the member's death unless the member's spouse, is the sole designated beneficiary, in which case the distribution
need not begin before the date on which the member would have attained age 70 1/2 and if the member's spouse dies before the distribution to the spouse begins, this section shall be
applied as if the spouse were the member. Section 4. That Chapter 33, “Police and Fire-Rescue Departments”, Section 33.63, “Optional Forms of Benefits”, of the Code of Ordinances of
the City of Delray Beach is hereby amended to read as follows: Sec. 33.63. OPTIONAL FORMS OF BENEFITS. Each member entitled to a normal, early or disability retirement benefit shall
have the right at any time prior to his actual retirement to elect to have his benefit payable under any one of the options hereinafter set forth in lieu of the benefits otherwise provided
herein, and to revoke any elections and make a new election at any time prior to actual retirement. The value of optional benefits shall be actuarially equivalent to the value of benefits
otherwise payable. The member shall make an election by written request to the Board of Trustees, this request being retained in the Board's files. (A) Option 1. Joint and Last Survivor
Option. A retiring member may elect to receive an actuarially adjusted retirement benefit during his lifetime and have such retirement benefit (including seventy-five (75) percent, sixty-six
and sixty-six one hundredths (66.66) percent or fifty (50) percent thereof) continued after his death to and during the lifetime of a designated joint annuitant pensioner. The election
of Option 1 shall be null and void if the designated joint annuitant pensioner dies before the member's retirement, unless the member designates another joint annuitant pensioner in
accordance with Subsection 33.61(C). In addition, the member may elect to add a "pop-up" feature to his joint and survivor option, then, upon the death of his joint annuitant pensioner,
the amount of his monthly payment will be increased to the amount of a straight life annuity and such amount will be payable as of the first day of each month after the death of his
joint annuitant pensioner for the remainder of his lifetime. A member electing to add the pop-up feature to his joint and survivor option will have his monthly benefit under this Option
1 actuarially reduced to take into account the addition of the pop-up feature.
7 Ord No. 16-12 Section 5. That Chapter 33, “Police and Fire-Rescue Departments”, Section 33.64, “Contributions”, of the Code of Ordinances of the City of Delray Beach is hereby amended
to read as follows: Sec. 33.64. CONTRIBUTIONS. (A) Member Contributions. (2) Effective October 1, 1989, the City shall pick up the member contribution required by subsection (A)(1) above.
The contributions so picked up shall be treated as employer contributions in determining tax treatment under the United States Internal Revenue Code. The City shall pick up the member
contributions from funds established and available in the salaries account, which funds would have otherwise been designated as member contributions and paid to the pension fund. Member
contributions picked up by the City pursuant to this subdivision shall be treated for purposes of making a refund of member contributions, and for all other purposes of this and other
laws, in the same manner and to the same extent as member contributions made prior to the effective date of this subdivision. The intent of this subdivision is to comply with Section
414(h)(2) of the Internal Revenue Code. No employee shall have the option of choosing to receive the contributed amounts directly instead of having them paid by the City to the System.
Section 6. That Chapter 33, “Police and Fire-Rescue Departments”, Section 33.65, “Administration” of the Code of Ordinances of the City of Delray Beach is hereby amended to read as follows:
Sec. 33.65. ADMINISTRATION. (A) The general administration and responsibility for the proper operation of the retirement system and for making effective the provisions of this subchapter
are vested in a Board of Trustees consisting of nine (9) persons as follows: (1) The Mayor; or upon the Mayor's designation, the Assistant City Manager; (2) Two (2) public members, one
of whom may be a City Commissioner, to be appointed by the City Commission as hereinafter provided; (3) The Fire Chief or, in the event of the Fire Chief’s termination of participation
in the system, a firefighter (with a minimum rank of Chief Officer) designated by the Fire Chief;
8 Ord No. 16-12 (4) The Police Chief or, in the event of the Police Chief’s termination of participation in the system, a police officer (with a minimum rank of Captain) designated by
the Police Chief; (5) Two (2) members of the Fire Department to be elected as hereinafter provided; (6) Two (2) members of the Police Department to be elected as hereinafter provided.
(B) The term of office of each appointed and elected trustee shall be two (2) years except that the initial terms within each category above shall be for two (2) and three (3) years.
The initial terms shall commence on the effective date of this system. Initially in each elective category, the trustee receiving the most votes shall serve a three-year term, the second
most votes a two-year term. Section 7. That Chapter 33, “Police and Fire-Rescue Departments”, Section 33.66, “Finances and Fund Management” of the Code of Ordinances of the City of Delray
Beach is hereby amended to read as follows: Sec. 33.66. FINANCES AND FUND MANAGEMENT. (E) The Board of Trustees shall have the following investment powers and authority: (3) Notwithstanding
any limitation provided in Chapter 175 or Chapter 185, Florida Statutes, or any limitation or condition contained in Section 215.47, Florida Statutes, the Board of Trustees may invest
and reinvest pension fund assets in such securities, investment vehicles and property wherever situated and of whatever kind, as the Board shall approve in the exercise of its fiduciary
duty and authority, including but not limited to common or preferred stocks, bonds and other evidences of indebtedness or ownership. In no event, however, shall more than ten (10) percent
of the assets of the fund, at cost, be invested in foreign securities; provided, if state law is amended to allow investments in foreign securities of fifteen (15) or more percent of
fund assets, t The Board may invest up to twenty-five (25) fifteen (15) percent of fund assets, at cost on a market-value basis in foreign securities.
9 Ord No. 16-12 Section 8. That Chapter 33, “Police and Fire-Rescue Departments”, Section 33.689, “Retirement Benefit Enhancement” of the Code of Ordinances of the City of Delray Beach
is hereby amended to read as follows: Sec. 33.689. -RETIREMENT BENEFIT ENHANCEMENT. (A.) Effective October 1, 1994, the benefits paid to eligible retirees or their beneficiaries shall
be adjusted as provided in this Section. For the purpose of this Section, "eligible retirees" are members who retired or terminated employment after September 30, 1993, and whose date
of hire as a City Police Officer or Firefighter was twenty-five (25) or more years prior to the benefit adjustment date. The benefits payable under the system to all eligible retirees
or their beneficiaries shall be based on the amount of insurance premium tax revenues received by the City for the preceding plan year pursuant to chapters 175 and 185, Florida Statutes.
A minimum benefit increase of one percent per year will be provided, regardless of the amount of premium tax revenues received by the City. (B.) Firefighter retirees. To the extent total
annual premium tax revenues received pursuant to Chapter 175, Florida Statutes, exceed one hundred ninety seven thousand nine hundred ninety-five dollars ($197,995.00) five hundred four
thousand nine hundred twenty two dollars ($504,922.00), the annual one percent minimum adjustment for firefighter retirees will be increased in increments of one-tenth of one percent,
based on the actuary's determination that the amount of the excess premium tax revenues is sufficient to fund the benefit increase on an actuarially sound basis. The maximum amount of
the total annual benefit increase shall not exceed four (4) percent, regardless of the amount of premium tax revenues received by the City. The annual benefit adjustment provided under
this Section shall be compounded annually (i.e. the increase shall be based on the benefits received by plan members and beneficiaries at the end of the preceding plan year). The benefits
payable under the system to all eligible retirees or their beneficiaries shall be adjusted annually on the anniversary of the retiree’s first benefit payment. Disability retirees and
their beneficiaries are not eligible to receive the retirement benefit enhancement. (C.) Police officer retirees. To the extent annual premium tax revenues received pursuant to Chapter
185, Florida Statutes, exceed three hundred six thousand nine hundred twenty-seven dollars ($306,927.00) and are less than four hundred forty-six thousand four hundred and seven dollars
($446,407.00), the annual one percent minimum adjustment for police officer retirees will be increased in increments of one-tenth of one percent, based on the actuary's determination
that the amount of such premium tax revenues is sufficient to fund the benefit increase on an actuarially sound basis. The maximum amount of the total annual benefit increase shall not
exceed four (4) percent, regardless of the amount of premium tax revenues received by the City. Annual premium tax revenues received pursuant to Chapter 185, Florida Statutes, in excess
of four hundred fortysix thousand four hundred and seven dollars ($446,407.00) shall be used to provide for the inclusion of overtime compensation, up to a maximum of three hundred hours
per year, that the actuary for the plan determines may be funded on an actuarially sound basis entirely
10 Ord No. 16-12 with annual Chapter 185 premium tax revenues in excess of four hundred forty-six thousand four hundred and seven dollars ($446,407.00). When the actuary for the plan
determines that adequate premium tax revenues received pursuant to Chapter 185 in excess of four hundred forty-six thousand four hundred and seven dollars ($446,407.00) annually have
been allocated to fully fund on an actuarially sound basis the inclusion of three hundred hours of overtime compensation annually in the earnings of active police officers who are not
participating in the Deferred Retirement Option Plan, then all future additional premium tax revenues shall be used to provide the annual benefit adjustment for police officer retirees.
(D) The annual benefit adjustment provided under this Section shall be compounded annually (i.e. the increase shall be based on the benefits received by plan members and beneficiaries
at the end of the preceding plan year). The benefits payable under the system to all eligible retirees or their beneficiaries shall be adjusted annually on the anniversary of the retiree's
first benefit payment. Disability retirees and their beneficiaries are not eligible to receive the retirement benefit enhancement. Section 9. That Chapter 33, “Police and Fire-Rescue
Departments”, Section 33.70, “Direct Transfers of Eligible Rollover Distributions” of the Code of Ordinances of the City of Delray Beach is hereby amended to read as follows: Sec. 33.70.
DIRECT TRANSFERS OF ELIGIBLE ROLLOVER DISTRIBUTIONS. (B) Definitions. (1) Eligible Rollover Distribution. Any distribution of all or any portion of the balance to the credit of the distributee,
except that an eligible rollover distribution does not include: any distribution that is one of a series of substantially equal periodic payments (not less frequently than annually)
made for life (or life expectancy) of the distributee or the joint lives (or joint life expectancies) of the distributee and the distributee's designated beneficiary, or for a specified
period often (10) years or more; any distribution to the extent such distribution is required under Section 401(a)(9) of the Internal Revenue Code; and the portion of any distribution
that is not includable in gross income. (2) Eligible Retirement Plan. An eligible retirement plan is an individual retirement account described in Section 408(a) of the Internal Revenue
Code, an individual retirement annuity described in Section 408(b) of the Internal Revenue Code, an annuity plan described in Section 403 (a) of the Internal Revenue Code, a qualified
trust described in Section 401 (a) of the Internal Revenue Code, an eligible deferred compensation plan described in Section 457(b) of the Internal Revenue Code which is
11 Ord No. 16-12 maintained by an eligible employer described in Section 457(e)(1)(A) of the Internal Revenue Code, or an annuity contract described in Section 403 (b) of the Internal
Revenue Code, that accepts the distributee's eligible rollover distribution. (3) Distribute. A distributee includes an employee or former employee. In addition, the employee's or former
employee's surviving spouse is a distributee with regard to the interest of the spouse. Effective as of January 1, 2008, an Employee's or former Employee's non-spouse Beneficiary is
a distributee with regard to the interest of the Employee or former Employee. (4) Direct Rollover. A direct rollover is a payment by the plan to the eligible retirement plan specified
by the distributee. Effective as of January 1, 2008, a non-spouse Beneficiary may make a direct rollover only to an "inherited" individual retirement account as described in Section
408(b) of the Internal Revenue Code. Section 10. That Chapter 33, “Police and Fire-Rescue Departments”, Section 33.73, “Termination of the System” of the Code of Ordinances of the City
of Delray Beach is hereby enacted to read as follows: Sec. 33.73. TERMINATION OF THE SYSTEM. If it is determined by the City Commission that this Retirement System be terminated it shall
be terminated in accordance with State law as set forth in Chapters 175 and 185, as those Chapters now exist and as they may be amended in the future. Section 11. 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 12. That all ordinances or parts of ordinances in conflict herewith
be, and the same are hereby repealed. Section 13. That this ordinance shall become effective immediately upon passage on second and final reading.
12 Ord No. 16-12 PASSED AND ADOPTED in regular session on second and final reading on this the _____ day of ___________________, 2012. _________________________________ Mayor ATTEST:
_______________________________ City Clerk First Reading __________________ Second Reading _________________
MEMORANDUM TO: Mayor and City Commissioners FROM: R. Brian Shutt, City Attorney DATE: May 29, 2012 SUBJECT: AGENDA ITEM 12.A. -REGULAR COMMISSION MEETING OF JUNE 5, 2012 ORDINANCE NO.
16-12 ITEM BEFORE COMMISSION The item before the City Commission is Ordinance No. 16-12 which provides for modifications to the Police/Fire Pension Ordinance. BACKGROUND The City of
Delray Beach Police and Fire Pension Board requested certain changes to our City ordinance regarding the police/fire pension plan in order to implement certain provisions of state law,
the Internal Revenue Code and the decision in the case of the Department of Management Services v. City of Delray Beach. The Pension Board has also proposed changes that are not required
by state or federal law but would require a policy determination by the Commission. Jim Linn, the City’s pension attorney, has also reviewed the proposed ordinance, see attached memo.
I have highlighted the areas where staff has a question or concern regarding the proposed language. They are: 33.60 – the highlighted words in the definition of “Earnings” was proposed
by Jim Linn in an effort to clarify the language. 33.61 – It is suggested that paragraph 3(b) be removed as the Civil Service Board does not have jurisdiction over these employees. 33.65
– The pension board requested changes to allow the fire/police chief or their designees to sit on the board and to extend the terms of board members from 2 to 4 years. This request is
not required by State law or the IRS. 33.73 – The pension board requested this section be added regarding the termination of the plan. Staff’s concern is that this primarily duplicates
State law and that we should just provide a statement that we will follow State law as it relates to the termination of the plan. The Commission will need to give direction when approving
the ordinance on first reading regarding the highlighted language. RECOMMENDATION Commission discretion. Coversheet Page 1 of 1 http://itwebapp/AgendaIntranet/Bluesheet.aspx?ItemID=5656&MeetingID=378
6/12/2012
MEMORANDUM TO: Mayor and City Commissioners FROM: David T. Harden, City Manager DATE: June 12, 2012 SUBJECT: AGENDA ITEM 10.C. -REGULAR COMMISSION MEETING OF JUNE 19, 2012 ORDINANCE
NO. 18-12 ITEM BEFORE COMMISSION This ordinance is before Commission for second readingand quasi-judicial hearing to considera cityinitiated rezoning from RM (Medium Density Residential)
to CF (Community Facilities) for two parcels of land located on the east side of S.W. 12th Avenue, approximately 106 feet north of S.W. 2nd Street for the Neighborhood Resource Center
Expansion. BACKGROUND At the first reading on June 5, 2012, the Commission passed Ordinance No. 18-12. RECOMMENDATION Recommend approval of Ordinance No. 18-12 on second and final reading.
ORDINANCE NO. 18-12 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED RM (MEDIUM DENSITY RESIDENTIAL) DISTRICT TO CF
(COMMUNITY FACILITIES) DISTRICT; SAID LAND BEING A PARCEL LOCATED ON THE EAST SIDE OF SW 12TH AVENUE, 107 FEET NORTH OF SW 2ND STREET, AS MORE PARTICULARLY DESCRIBED HEREIN; AMENDING
"ZONING MAP OF DELRAY BEACH, FLORIDA, JANUARY 2012"; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the property hereinafter described is shown
on the Zoning District Map of the City of Delray Beach, Florida, dated January 2012, as being zoned RM (Medium Density Residential) District; and WHEREAS, at its meeting of May 21, 2012,
the Planning and Zoning Board for the City of Delray Beach, as Local Planning Agency, considered this item at a public hearing and voted 7 to 0 to recommend that the property hereinafter
described be rezoned, based upon positive findings; and WHEREAS, pursuant to Florida Statutes 163.3174(4)(c), the Planning and Zoning Board, sitting as the Local Planning Agency, has
determined that the changes are consistent with and further the objectives and policies of the Comprehensive Plan; and WHEREAS, the City Commission of the City of Delray Beach adopts
the findings in the Planning and Zoning Staff Report; and WHEREAS, the City Commission of the City of Delray Beach finds the ordinance is consistent with the Comprehensive Plan; 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 recitations set forth above are incorporated herein. Section 2. That the Zoning District
Map of the City of Delray Beach, Florida, be, and the same is hereby amended to reflect a zoning classification of CF (Community Facilities) District for the following described property:
2 ORD NO. 18-12 Lots 9 and 10 inclusive, Block 6, Atlantic Gardens, as recorded in Plat Book 14, Page 63, of the Public Records of Palm Beach County, Florida. Section 3. 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
2 hereof. Section 4. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 5. That should any section or provision of this ordinance
or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder
hereof as a whole or part thereof other than the part declared to be invalid. Section 6. That this ordinance shall become effective immediately upon passage on second and final reading.
PASSED AND ADOPTED in regular session on second and final reading on this the _____ day of ___________________, 2012. ____________________________________ ATTEST M A Y O R ___________________________
____ City Clerk First Reading__________________ Second Reading________________
MEMORANDUM TO: Mayor and City Commissioners FROM: CANDI N. JEFFERSON, SENIOR PLANNER PAUL DORLING, AICP, DIRECTOR OF PLANNING AND ZONING THROUGH: CITY MANAGER DATE: May 25, 2012 SUBJECT:
AGENDA ITEM 12.B. -REGULAR COMMISSION MEETING OF JUNE 5, 2012 ORDINANCE NO. 18-12 ITEM BEFORE COMMISSION The item before the City Commission is consideration of a rezoning from RM (Multiple
Family Residential) to CF (Community Facilities) for the Neighborhood Resource Center Expansion located at 133 SW 12 th Avenue. BACKGROUND The action requested of the City Commission
is approval of a zoning change from RM (Medium Density Residential) to CF (Community Facilities) for Lots 9 & 10, Block 6 Atlantic Gardens Delray Subdivision to accommodate the Neighborhood
Resource Center Expansion. The subject property consists of approximately 13,939 square feet. The property previously contained a 2,514 sq. ft. multiple family dwelling which was built
in 1967. This structure was demolished on July 8, 2011. The vacant parcels are currently owned by the Community Redevelopment Agency (CRA). The RM zoning district does not allow community
centers as either a principal or conditional use, thus a rezoning application is being requested to change the existing zoning designation from RM (Medium Density Residential) to CF
(Community Facilities). The expansion will occur on property immediately north of the existing Neighborhood Resource Center, which was rezoned from RM to CF, by the City Commission on
June 20, 2006 through City Ordinance No. 32-06. The proposed change seeks to apply a zoning designation which is consistent with the adjacent use and complements the needs of the neighborhood.
Additional background and an analysis of the request are found in the attached Planning and Zoning Board Staff Report. REVIEW BY OTHERS At its meeting of May 21, 2012, the Planning and
Zoning Board held a public hearing in conjunction Coversheet Page 1 of 2 http://itwebapp/AgendaIntranet/Bluesheet.aspx?ItemID=5646&MeetingID=378 6/12/2012
with the request. The Board voted 7-0 to recommend approval of the rezoning from RM to CF, by adopting the findings of fact and law contained in the staff report, and a finding that
the request is consistent with the Comprehensive Plan and the Southwest Area Neighborhood Development Plan, and meets the criteria set forth in Sections 3.1.1, 3.2.2, and 2.4.5(D)(5)
of the Land Development Regulations. The Board did emphasize the need to look at the adequacy of on-site parking during review by the Site Plan Review and Appearance Board (SPRAB). RECOMMENDATION
Move approval of the rezoning from RM (Multiple Family Residential) to CF (Community Facilities) 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 the Southwest Area Neighborhood Redevelopment Plan, and meets the criteria set forth in Sections 3.1.1, 3.2.2, and 2.4.5(D)(5)
of the Land Development Regulations. Coversheet Page 2 of 2 http://itwebapp/AgendaIntranet/Bluesheet.aspx?ItemID=5646&MeetingID=378 6/12/2012
MEMORANDUM TO: Mayor and City Commissioners FROM: David T. Harden, City Manager DATE: June 12, 2012 SUBJECT: AGENDA ITEM 10.D. -REGULAR COMMISSION MEETING OF JUNE 19, 2012 ORDINANCE
NO. 20-12 ITEM BEFORE COMMISSION This ordinance is before Commission for second readingto consider a city-initiated ordinance amending Chapter 110, “Local Business Taxes Generally”,
Section 110.15, “Local Business Tax Schedule”, to provide for a 5% percent increase in all business tax fees. BACKGROUND At the first reading on June 5, 2012, the Commission passed Ordinance
No. 20-12. For additional information a survey of tax rates and revenues from other cities is attached. The specific classifications listed for cities are shown only as examples and
are far from all inclusive. RECOMMENDATION Recommend approval of Ordinance No. 20-12 on second and final reading.
ORDINANCE NO. 20-12 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 110, “LOCAL BUSINESS TAXES GENERALLY”, OF THE CODE OF ORDINANCES BY AMENDING
SECTION 110.15, “LOCAL BUSINESS TAX SCHEDULE”, TO ELIMINATE OUTDATED BUSINESS CLASSIFICATIONS AND TO PROVIDE FOR AN INCREASE IN THE LOCAL BUSINESS TAX SCHEDULE; PROVIDING A SAVING CLAUSE,
A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, Section 110.15 “Local Business Tax Schedule”, of the Code of Ordinances of the City of Delray Beach establishes the individual
business tax required to be paid annually to the City by persons engaging in or managing/transacting an occupation or profession; and WHEREAS, pursuant to Chapter 205, Florida Statutes,
the City Commission has determined it to be appropriate to increase said local business tax. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA,
AS FOLLOWS: Section 1. That Chapter 110, “Local Business Taxes Generally”, of the Code of Ordinances is amended by amending Section 110.15, “Local Business Tax Schedule”, to read as
follows: The following enumerated individual local business taxes shall be paid to the City by the persons engaging in or managing or transacting the several occupations or professions
named yearly, unless otherwise specified: Classification All Fees $156.56 164.39 except as noted Abstracting Company Land title, warranty or security company. Each individual conducting
the business of abstracting title, either in part or in whole, shall pay a license tax. Academy of Music Adult Entertainment Advertising
2 ORD. NO. 20-12 Agencies, firms, associations, corporations or other persons distributing circulars, pamphlets or other advertising matter, except local merchants and theaters advertising
in this way their own goods and merchandise, shall pay an annual license tax. Advertising Agencies engaged in the business of bill posting shall pay a license tax, per year. Advertising
Office, Public Relations Alleys, Bowling, Boxball or Tenpins Each lane 25.35 26.62 Ambulance Separate from undertaking, each 88.57 93.00 Amusement Parlors or Concert Halls Apartment,
Rooming Houses Per room, excluding kitchen and bathrooms 6.37 6.69 Aquarium Armored Car Service Each vehicle 88.57 Art Gallery (1) Art Studio, workshop, classes (2) Artist, commercial
(See Retail) (3) Artist material or supplies (See Merchants) (4) Artists' outdoor sale: Each sale, first day 37.97 Each day thereafter 12.74 Astrologists, Clairvoyants, Fortune Tellers,
Palmists, Phrenologists, Spiritualists, Numerologists and Mental Healers These activities and others of a similar nature, whether or not in connection with another business charging
fees, shall pay a license tax. Athletic Club, Gymnasium/Fitness Center (Zoning) Auctioneers Auctions Auction, Real Estate Per day
3 ORD. NO. 20-12 Automatic Amusement Machines, Games or Devices, Distributor Annual Fee Note: It is understood that this shall not be construed to license or permit operation or display
of gambling devices. Automatic Games and Devices or otherwise, marble games, such as throwing balls at figures and the like, which are not elsewhere provided for in this Chapter. Each
machine or apparatus 63.21 66.37 Automatic Trade Machines Where only incentive to operate same is to procure such as gum, nuts and the like Each machine 37.97 39.87 Distributor 149.94
157.44 Automatic Weighing Machines Distributor Each machine 12.74 13.38 Automobile or Motor Vehicles, Trucks, Farm Tractors and Farm Implements, Motorcycles (1) Auto agency or dealer,
in new or used cars, motor vehicles, motorcycles, trucks, farm tractors and farm implements, with one principal place of business, not to exceed one lot for display purposes, each agency,
not to include repairs. (2) Each additional display lot. (3) Rental of vehicle not to exceed thirty (30) days as replacement for vehicles undergoing repairs by agency. Automobile (1)
Automatic car wash, not in connection with other business (2) Automobile association (See Insurance) (3) Driving school (4) Parking lots, commercial, each lot (5) Repair shop or garage,
in connection with auto agency (6) Repair shop or garage not in connection with other business (7) Self-serve car wash, first unit 50.60 53.13 Each additional unit 12.74 (8) U-Drive
rentals (9) Upholstering, tops, seat covers and the like
4 ORD. NO. 20-12 (10) Automobile used parts, dealers in, used for purposes other than junk (11) Wrecker service, towing (12) Auto detailing Automobile Service Station Washing and polishing,
greasing, lubricating and like servicing of automobiles, selling gasoline and oil, but not to include repair work and not to include the sale of merchandise required to be licensed otherwise
by ordinance under Merchants. Automobile Service Station Selling merchandise other than petroleum products used in greasing and lubricating, shall pay the Merchants license on other
merchandise in addition to the foregoing. Baby Sitter Service 75.94 82.37 Baggage or Freight Transfer Company Bakery Wholesale and retail, each store Ballrooms for Profit Banks (National
and State chartered), Savings and Loan Associations (per Section 5219 Revised Statutes 12 U.S.C. 548) Bankruptcy, Closing Out, Trustee Sale (See Fire sale) Barber Shops Beach Equipment
(Subject to bids to the Commission) Beauty Shops Bible, Holy—Solicitors Bicycle Shop, both retail and repair Billiard, Pool or Bagatelle Tables For profit, eEach table 63.21 66.37 Birds
Dealers Blueprinting Service Maps, plats and the like Boat Agencies, New/Used Each lot, not to include repairs
5 ORD. NO. 20-12 Boats for Hire Fishing, cruising or sightseeing (each boat) Boathouses Storage only Boat Marinas, Dockage, Yacht Basins Boat Repair Boiler, Machine Shops or Foundries
Bondsman, Bail Bonds Book, Magazine Solicitors Per week 63.21 66.37 Per person 25.36 26.62 Interstate commerce No fee Bookkeeper/Accountant, not C.P.A. Boot and Shoe Repair Shop Bottling
Works Brokers Stockers, [Stocks,] bonds, mortgages, customs and others Building Inspector Building and Loan Associations (See Banks) Burglar Alarm Company Bus Station, intrastate business
only Business College, Trade Schools Business Office Butcher Shop Cabinet Shop Carpet and Rug Cleaning Each location Caterers Fixed base or mobile, each truck 63.21 66.37 Ceramic Studio
Chemical Companies Christmas Tree Sales
6 ORD. NO. 20-12 Season only, each lot Citrus Fruits and Vegetable Retail (See Merchants) Claim and Collecting Agencies Cleaning, Pressing, Dyeing (See Laundries) Clothing Secondhand
dealers Cold Drink Stand (See Merchants) Cold Storage All types Commission Merchants Handling shipments (other than specifically provided for herein) on a Commission basis Computer Service
Concrete Products (See Manufacturer) Concrete Ready-Mix Plant Contractors (1) General (2) Engineering contractor (includes bridge, bulkheading, drainage, excavating, sewer construction,
dredging, irrigation systems, pile driving, seawalls, sidewalk, street grading and paving and similar contract work (3) Structural and reinforced iron and steel (4) Subcontractors and
others as listed: Concrete, stone, brick Electrical Heating and ventilating House movers Masons Plasterers Roofing Sheet metal and tinsmith Septic tank Tile Well drilling Floor sanding
and finishing Lathers Plumbers
7 ORD. NO. 20-12 (5) Any person who shall accept orders to be engaged in the business of accepting orders or constructs on cost plus, fixed fee, stated sum, percentage basis or any combination
thereof, or for compensation other than wages for doing work on or in any building or structure requiring the use of paint, stone, brick, mortar, cement, wood, structural steel or iron,
sheet iron, metallic piping, tin, lead or any other building material; or to do any paving or curbing on sidewalks or streets, on public or private property, using asphalt, brick, stone,
cement or wood or any combination; or to excavate for foundations or any other purpose, or to construct sewers, septic tanks, docks, drive piling, construct bridges, construct seawalls
and bulkheads of any and all description; and who is engaged in the business of building, remodeling, repairing, razing or moving, whether it be by contract, fixed fee or sublet, percentage
or any combination thereof, or for compensation other than wages, shall be deemed to be a contractor within the meaning of this Chapter. Convalescent Home (not sanitarium) Ch. 400, Florida
Statutes, zoning, State Department of Health and Rehabilitative Services regulations Costume, Clothing Rental Credit Bureaus Dairies (milk distributors, jobbers or creameries delivering
milk) Each truck 88.57 Dance Halls Dancing Schools Data Processing (See Professional) Dealers in Secondhand Firearms This license shall be exclusive of all other license taxes. All secondhand
dealers shall keep a permanent record of all purchase and sales, including dates, description of property purchased or sold, names and addresses of persons purchasing or selling them.
Delicatessen Dental Supplies Dental Technician Laboratory Department Stores (See Merchants) Detective Agency Each location (state certificate) Distributor Dog and Pet Grooming Sale of
supplies (See Merchants) Dressmaking, Hemstitching (no stock carried) Drugs, Retail Dealer (See Merchants) Dry Cleaning (See Laundries) Electric Light and Power Companies
8 ORD. NO. 20-12 Emigrant Agents Including any agent, solicitor or recruiter engaged in the business of hiring, enticing or soliciting laborers or emigrants. Employment Agencies Engravers
or Lithographers Export or Import Companies Express Companies (Intrastate only) Exterminators (State certificate) Fertilizer Manufacturers—Mixing Plant Fire Extinguisher Sales, Service
Fire and Wreck Sales When not conducted by bona fide business concerns previously established and doing business in the City), of undamaged goods of that firm having damage by fire or
wreck, each sale. Fish or Poultry Market Fish Peddler (See Peddlers of merchandise) Fishing Tackle (See Merchants) Fishing Tackle or Gun Repair Florists or Dealers in Flowers, each Food
Lockers—Cold Storage Fruit, Vegetable Stand Fumigating (See Exterminators) Furniture and House Furnishing (See Merchants) Gas Companies (1) Distributing and selling gas through pipelines
(2) Selling bottled gas (3) Gas tank wagon delivery only Gasoline and Oil Distributors Wholesale, Storage Facilities in the City Golf Courses, each Golf Driving Range, each Golf Miniature,
each Guaranty or Surety Title Companies Guard, Patrol Service (See Detective Agency) Guns, Sales or Repair/Gun Range
9 ORD. NO. 20-12 Need Federal firearms dealers license Harness and Saddlery (See Merchants) Home Occupation Hospitals, Sanitarium Hotels Per room, excluding kitchens and bathrooms 6.37
6.69 Hypnotists Must meet requirements set forth in F.S. Chapter 456 Ice Cream Manufacturers Ice Cream Parlors Ice Cream Wagon or Truck, each 126.41 132.73 Ice Manufacturing or Storage
Import, Export (See Export) Insecticide Manufacturers or dealers Installers, Carpets Insurance Adjusters Insurance Agency For each company represented Insurance Baggage, each company
represented Insurance Casualty, life, hospitalization, industrial, burial, bonding and surety companies, each Interior Decorator Invalid and Hospital Supplies Jewelry Dealers buying
and selling old gold, silver and other precious metals, or offer to buy and sell (permanent records of all purchases and sales, including dates, description of property purchased and
sold, names and addresses of persons purchasing or selling required). Jewelry Repair Jewelry Store (See Merchants) Junk Shops or Dealers License required whether or not sale or purchase
or both, or solicitations are made
10 ORD. NO. 20-12 Kennels, Animal (Approved location) Key Shop, Locksmith and Associated Services (See Merchants) Knife, Scissors and Tool Sharpener Landscape Company Laundry or Dry
Cleaning Plant Agent for out of town laundries Local agency, permanent office Self-service Lawn Maintenance Lawn Spraying Board of Health certificate Linen or Diaper Service Loan, Finance,
Mortgage Company Lumber Dealers Lunch Stands, (Not over twenty-five (25) chairs) Machine Shops (Not automobile) Mail Order Business Maintenance (Floor, home, office, building) Manicurist,
each 75.94 79.77 Manufacturer Marble and Granite Works Massage Salon Masseur, Masseuse, each 75.94 79.77 Meats (See Butcher shop) Merchandise, Secondhand (See Secondhand dealers) Merchants,
Druggists and Storekeepers Messenger Service (exclusive of telegrams) Mimeograph and Letter Shop Monuments and Tombstones Motion Picture Theaters Performances of moving pictures or other
forms of entertainment Movers (See Storage)
11 ORD. NO. 20-12 Moving Company Musical Devices Operator of mechanically operated (whether operated in connection with or separate from any other business) License or tag must be displayed
on each machine Musical Devices (Distributor) Music Teachers Nails, Acrylic Shops (State certificate) Newspaper Publisher News Companies (Owners or managers of) Newsstands Owners or
managers of, where daily and weekly newspapers or magazines, postcards and the like are sold Night Clubs Restaurants, dining rooms or other establishments, whether floor show or other
form of entertainment, exclusive of orchestra, is provided for guests. Novelty Works (See Manufacturer) Nursery Shrubs, trees, plants or landscaping Nursing Home (See Convalescent home)
Office Machine Repairs (See Repair shop) Oil (See Gasoline) Paint Manufacturer (See Manufacturer) Parcel Delivery Each vehicle 75.94 Pawnbrokers Peddlers of Merchandise (1) Not otherwise
enumerated specifically herein, shall pay a license tax per day of, each person 25.36 26.62 (2) Peddlers who are not producers of the product they sell and who peddle from house to house
the products of the farm, grove or waters, shall pay a license tax per day of, each person 25.36 26.62 (3) Peddlers, hawkers or vendors engaged in the occupation of selling products
such as fruit, eggs and vegetables and farm products from wagon, push cart or other vehicle, shall pay a license tax of, each vehicle (4) Peddlers, hawkers, vendors, agents or solicitors
soliciting business for out-of-town business houses or enterprises not maintaining place of business in city, providing however that this provision
12 ORD. NO. 20-12 does not apply to wholesalers dealing exclusively with retailers (5) Traveling stores, dry goods, groceries, clothing, boots and shoes Pet Shop or Grooming (See Dog
and pet grooming) Pharmacies Photo Processing, Film Developing Photographers Piano tuners Picture Agents Plating with Metals Portable Toilets Postcard Stands (Only) Potato Chips (See
Manufacturer) Print Shop or Publishing Private Postal Mailbox Private Schools (See Schools) Professional (1) The following practitioners are classed as professional, and each person
engaged in the practice of this profession other than persons receiving only a salary or wage by a licensed practitioner in this City, is required to pay a professional local business
tax: Accountants and auditors Architects Architects, landscaping Attorneys and lawyers Business consultant Chemists Chiropractors Chiropodists Data processing Dentist Draftsman Engineers,
civil, consulting Interior Design Opticians Optometrists
13 ORD. NO. 20-12 Osteopathic physicians Physicians Psychiatrists Research laboratory or office, for profit Surgeons Tax consultant Veterinarians or veterinary Other professions not
classified (2) For each person operating with the person licensed in the preceding clause, other than the professional employees Property Management Promoters Entertainment, sports or
contests Public Hall for Hire Public Stenographer Publishing Company Books, directories and the like Radio Communications Radio Repair Shop (See Repair Shops) Railroad Companies, each
Real Estate Agency or Broker Recording Studio Reducing Salon Rental Equipment (All types) Repair Shops, each Repairs from Truck or Other Vehicle Restaurants (If dancing permitted, see
Night clubs) Cafes and public eating places (whether food is served in connection with or separate from other business, except dining rooms in connection with hotels) Retirement, Rest
Home (See Convalescent home) Rinks (Bicycle, skating or other) Roof Trusses (Se Manufacturer) Sawmill Yard Schools
14 ORD. NO. 20-12 Secondhand Dealers (1) In goods, wares and merchandise, secondhand or otherwise, known as secondhand dealers exclusive of firearms. (See Dealers in secondhand firearms
and secondhand clothing) (2) All secondhand dealers shall keep a permanent record of all purchases and sales, including dates, description of property purchased and sold, names and addresses
of persons purchasing or selling them. (3) However, the business shall be adequately housed inside a substantial store building and provided that before any person shall sell or be engaged
in the business of selling goods, wares, merchandise or other personal property, the sales being advertised as bankrupt, insolvent, insurance, assignee, trustee, auction, syndicate,
railroad or other wreck, wholesale, manufacturer's or closeout sale, or as goods damaged by smoke, fire, water or otherwise, the person shall file an application with the Commission,
which application shall be passed on by the Commission and a license tax paid. Secretarial Service Seed Stores (Wholesale and Retail) (See Merchants) Ship Brokers Shoemaker and Repairs
Shooting Gallery (See Gun Ranges) Sign Painters Commercial but not erecting Soda or Mineral Water Fountains Solicitor (See Peddlers of Merchandise) Sporting Goods (See Merchants) Stamp
or Old Coin Dealer Storage Warehouse or Room Tailors/Seamstress Tanning Salon Tattoo Salon Tax Agency (See Professional) Taxidermist, or agents for In addition to other license Taxis
First vehicle 126.63 132.96 Each additional vehicle 63.21 66.37 Telegraph Companies
15 ORD. NO. 20-12 Telemarketing Telephone Answering Service Telephone Solicitation (See Sections 118.40 through 118.45) Telephone Systems and Companies Intrastate business only Temporary
Business Receipts (1) Business temporarily located inside enclosed shopping mall; thirty (30) days only (no extensions) 75.94 (2) Special events, no more than once annually (if under
three (3) days), as approved by Commission (each license, not otherwise enumerated herein) No fee (3) Special events, no more than once annually (in excess of three (3) days), as approved
by Commission (each license, not otherwise enumerated herein) 75.94 Temporary Holiday/Vendors 75.94 79.74 Termite Control Companies Theatrical Directors Who charge for services in directing
local talent plays or performances, each performance Theatrical or Dramatic Groups or Companies For profit, where performance is not given in local, licensed theater, each performance
Towel, Diaper, Uniform Supply Company Towing Service (See Automobile) Trade Schools Trading Stamp Companies Trailer Park Trailer, Truck Rental Travel Bureaus Tree Pruner (Must have insurance)
Trucks Motor-driven, also doing freight transportation, hauling or transfer business for profit, except where other licenses are paid in conducting business, each. (Does not apply to
trucks owned by the city, county or state) U-Drive-It Cars (See Automobile) Undertakers, Embalmers and Funeral Directors Uniform Supply (See Towel, diaper, uniform supply company) Upholsterer
Vending Machines (See Automatic trade machines)
16 ORD. NO. 20-12 Venetian Blinds Repair, installation and associated services Vulcanizing Each place of business Watch Repair Water (Sold in bottles) (See Bottling works) Water Companies
operating same Water-Softening Service Weight Clinic Weighing Machines (See Automatic trade machines) Wheelchair Rental (See Invalid) Window Cleaning Window Tinting Wood Yard Wrecker
Service (See Automobile) 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 ___________________, 2012. ____________________________________ ATTEST
M A Y O R _______________________________ City Clerk First Reading__________________ Second Reading________________
MEMORANDUM TO: Mayor and City Commissioners FROM: Lula Butler; Director, Community Improvement THROUGH: David Harden; City Manager DATE: May 31, 2012 SUBJECT: AGENDA ITEM 12.C. -REGULAR
COMMISSION MEETING OF JUNE 5, 2012 ORDINANCE NO. 20-12 ITEM BEFORE COMMISSION The item before the Commission is Ordinance No. 20-12, which increases the local business tax schedule across
the board by 5%. BACKGROUND Pursuant to Florida Statute Chapter 205, local business taxes may be increased by up to 5% every other year. The last increase in the local business tax schedule
occurred in March 2008. This ordinance modifies Section 110.15 by increasing all local business taxes by 5%. Over the next year, this increase would give the City approximately $34,000
in additional revenue. This ordinances also eliminates some outdated business tax classifications that are no longer used. RECOMMENDATION Staff recommends approval of Ordinance No. 20-12.
Coversheet Page 1 of 1 http://itwebapp/AgendaIntranet/Bluesheet.aspx?ItemID=5671&MeetingID=378 6/12/2012
1 City of Delray Beach M E M O R A N D U M TO: Lula Butler, Director Community Improvement THRU: Al Berg, Assistant Director Community Improvement FROM: Danise Cleckley, Code Enforcement
Executive Assistant DATE: June 11, 2012 SUBJECT: Updated Business Tax Receipt Survey A survey was completed June, 2012, to compare the cost municipalities are charging for Business Tax
Receipts (BTR). All city fees listed below vary based on the type or classification of the business. For example, when working with retail business, an additional amount is added to
the fee to accommodate the size of the business in square footage. However, the City of Delray Beach continues to charge a flat rate of $156.56 and does not charge an additional fee
per square footage. The municipalities listed below, (with their annual fees and revenues) are the representative sample we have reviewed and considered as we formulated our recommendation
to increase the business tax fee by 5% effective upon the adoption of Ordinance No. 20-12 after public hearing on June 19th at the regular City Commission meeting. The City’s projected
BTR revenue for Fiscal year 2012 is $680,000. We are on target to meet this projection. • City of Boca Raton $105.00 ( Annual Revenue $900,000) • City of Boynton Beach $40.00 (application
fee)(Annual Revenue $1.4 million) Retail $97.63 + $5.15 per $1000.00 for inventory over $5,000. Restaurant $97.65 + $3.50 per seat. • City of Coral Springs $120.00 (Annual Revenue is
$1.2 million per year) • City of Palm Beach Gardens $100.00 (Annual Revenue is $1.3 million per year) Residential businesses $75.00. Retail $75.00 + $6.00 per $1000.00 for inventory
up to $99,999. Restaurants $94.00 -$200.00 Salon establishment $470.00.
2 • City of Riviera $120.00 (Annual Revenue not provided ) • City of Port St. Lucie $ 47.55 (Annual Revenue $1.4 million) Retail $88.20 + $6.09 per $1000.00 inventory over $5,000. Restaurants
$127.63, 50 seats orless; $255.25 for > 50 seats. • City of West Palm Beach $ 86.81 (Annual Revenue not provided) • Village of Wellington $100.00 (Annual Revenues average $800,000 per
year) Financial Institutions $450.00 Tattoo establishments $1,000.00.
Additional Information for Item 10.D.
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May 22, 2012
Mayor McDuffie stated we removed lobbyists from the budget in 2007. Mr. Harden stated the
Mayor and Commissioners meet with legislators on the city’s behalf and we provide backup
information on what they would like to speak on with representatives, etc. In addition, staff
works with the legislative aides.
Mrs. Gray stated she went to Washington, D.C. to lob by for the city last year and the
information that staff provided was amazing.
Mr. Jacquet asked Mr. Smith to discuss the city’s civic educati on efforts.
The Commission thanked Mr. Smith for the presentation.
3. Public Information Office (PIO) Division FY 2013 Budget Pr esentation
Mr. Richard Reade, Public Information/Sustainability Officer, presented this item. He
highlighted the PIO functions: Social Media, Peak Dem ocracy, Speakers’ Bureau, city’s radio
station, photography and commercial video productions. He stated they are working on the new
website and assisting with mobile application devel opment. Mr. Reade provided a brief
overview of the new website. In addition, he discussed the Green and Sustainability Efforts,
Economic Development Initiatives, Legislative and Lo bbying Support, Board and Committee
Liaison, Grants and Special Projects functions. He provided an overview of the Staffing
Summary and Expenses.
Mrs. Gray stated we need to have more information re garding Economic Development on the
website. Mr. Reade discussed options for adding more in formation regarding Economic
Development on the website.
Mr. Jacquet stated the website looks amazing and he c annot wait for it to go live and
commented regarding the 12% decrease in the PIO budget. He asked if any organization in the
city can ask for someone from the city to come and s peak. Mr. Reade stated the speakers are
listed on the website. Mr. Jacquet also asked about the Elect ric Vehicle Charging Stations.
Mrs. Gray asked about the name “mydelraybeach.com” re garding the website. Brief discussion
ensued between Commission and staff.
Mayor McDuffie adjourned the Workshop Meeting at 8:00 p.m.
________________________________
City Clerk
ATTEST:
MAYOR
3
May 22, 2012
The undersigned is the City Clerk of the City of Delr ay Beach, Florida, and the information
provided herein is the Minutes of the Workshop Meetin g of the City Commission held on Tuesday,
May 22, 2012, which Minutes were formally approved a nd adopted by the City Commission on June
19, 2012.
________________________________
City Clerk
NOTE TO READER: If the Minutes you have received are not completed as indicated a bove, 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 in volve amendments, additions or deletions to
the Minutes as set forth above.
SPECIAL/WORKSHOP MEETING
MAY 24, 2012
A Special/Workshop Meeting of the City Commission o f the City of Delray Beach, Florida, was
called to order by Mayor Nelson S. McDuffie in the Fi rst Floor Conference Room at City Hall at
6:00 p.m., on Tuesday, May 24, 2012.
Roll call showed:
Present - Commissioner Thomas F. Carney, Jr.
Commissioner Alson Jacquet
Commissioner Adam Frankel
Commissioner Angeleta E. Gray
Mayor Nelson S. McDuffie
Absent - None
Also present were - David T. Harden, City Manager
Brian Shutt, City Attorney
Chevelle D. Nubin, City Clerk
Mayor McDuffie called the Special/Workshop Meeting t o order and announced that it had been
called for the purpose of considering the following Items.
SPECIAL MEETING AGENDA
1. Appointment of The Assistant City Attorney I Positi on: Consider approval to appoint
Janice Rustin for the position of Assistant City Attorney I. (Addendum)
The City Attorney stated pursuant to City Charter al l appointments of Assistant City Attorneys
or the City Attorney has to come before the Commiss ion for approval. Ms. Rustin graduated
from Nova Southeastern University in December 2011 and was on the Dean’s list all semester.
The City Attorney stated she worked as an intern her last semester of law school in the West
Palm Beach City Attorney’s office and he received a recommendation from their City Attorney
regarding Ms. Rustin. The City Attorney stated Ms. Rustin ha s also been volunteering for free in
the City Attorney’s office since March of this year and has done a phenomenal job. Staff
recommends approval of the appointment of the Assistant Cit y Attorney I position.
Mr. Jacquet inquired about the application process. The City Attorney stated staff received
about 85 applications and had interviews. He stated t hey opened it up to six applicants but
based on their preferences once the applicants found out what the salary was it then dropped
down to four applicants and most of those had prior municipal exp erience.
Mr. Frankel stated it is nice to see such a very goo d recommendation for Ms. Rustin and he likes
the fact that she had volunteered for some time in t he City Attorney’s office and the City
Attorney was actually able to see the work product and was sa tisfied with the work product.
Mrs. Gray welcomed Ms. Rustin.
Mr. Carney concurred with comments expressed by Commi ssioner Gray and Commissioner
Frankel.
Mayor McDuffie stated he is very comfortable with th e selection and it is nice to get someone
who has municipal experience.
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May 24, 2012
Mr. Frankel moved to approve and appoint Janice Rusti n for the position of Assistant City
Attorney I, seconded by Mr. Jacquet. Upon roll call the Commission voted as follows: Mr.
Jacquet – Yes; Mr. Frankel – Yes; Mrs. Gray – Yes; Ma yor McDuffie – Yes; Mr. Carney – Yes.
Said motion passed with a 5 to 0 vote.
Mayor McDuffie adjourned the Special Meeting at 6:09 p.m.
WORKSHOP MEETING AGENDA
1. Engineering FY 2013 Budget Presentation
Mr. Richard Hasko, Director of Environmental Service s, gave a brief presentation regarding the
Engineering Department budget for Fiscal Year 2013. Mr. Hasko briefly reviewed the primary
functions of the Engineering Department and stated th e most important functions are the
Capital Infrastructure Program. Mr. Hasko stated ot her primary functions are the Geographic
Information System (GIS), Stormwater Utility, and g eneral activities (i.e. traffic calming, street
lighting, parking, drainage, etc.). Mr. Hasko expla ined that this year staff has established how
much of the Engineering budget is attributable to Wa ter and Sewer and how much to the
Stormwater Fund and rather than programming those cos ts in the Water and Sewer and
Stormwater Fund operating budgets this year they are going to handle it with fund transfers into
the Water and Sewer. Mr. Hasko stated 2011/2012 is wh en they started splitting those costs and
absorbing some of them with Water and Sewer and Storm water. He stated staff is not going to
do that again this year. Mr. Hasko stated for purpos es of comparison over the last two years
staff has adjusted these numbers by the amounts of th ose transfers that are going into the
General Fund.
Mr. Frankel stated Mr. Hasko did a great job.
Mr. Jacquet thanked Mr. Hasko for a great presentati on and appreciates the explanation of the
splitting and why the budget numbers went from such a large n umber to a small one.
Mayor McDuffie stated at the grate between the Old Sc hool Square Gym and the Old School
Square Garage and at the one that is just north of t he Boy Scout statue on Pineapple Grove is
awful. Mayor McDuffie asked if there is something sto pping the flow in those areas. Mr. Hasko
stated staff will look into this. Mayor McDuffie thanked Mr. H asko for a great presentation.
Mr. Carney requested a list of all the functions of the Engineering Department. Mr. Hasko
stated he can put something together for Mr. Carney.
2. Finance FY 2013 Budget Presentation
Mr. David Boyd, Finance Director, gave a brief budget p resentation for the Finance Department
for Fiscal Year 2013. Mr. Boyd stated the Finance De partment is made up of three distinct
divisions: (1) the Financial Division, (2) IT Divis ion, and (3) Utility/Customer Service Division.
Mr. Boyd stated the Finance Division is broken down in to several distinct functions:
Purchasing, Budget, and Treasury. He stated financi al services is made up of several specialties
such as accountants, payroll, pension administration , and accounts payable clerks. Mr. Boyd
stated the primary responsibilities of the Finance D ivision under accounting is financial
reporting, internal control, and grants administratio n. Mr. Boyd stated they will actually have
one less employee next year than they did at the star t of this year. Mr. Boyd stated the Finance
Department spent several months looking at their or ganization and seeing what their needs were
and they eliminated a Senior/Buyer position and they wi ll eliminate an Accounting Specialist
position and promote the employee who is now an Accounting S pecialist to an Accountant.
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May 24, 2012
Mr. Boyd stated they eliminated two positions to get o ne position to help create efficiency. He
stated when eliminating two positions their personne l budget is looking to decline 5.5%; their
operating costs is declining a little over 5%. Howe ver, Mr. Boyd stated they freed up resources
to reallocate them to areas that are needed and identif ied those areas which come under capital
costs (Software Solutions). Mr. Boyd stated their to tal budget declined 1.2% 2012-2013;
personnel services declined $77,000 because that was a net effect of eliminating two positions
and one promotion; there was a slight reduction in he althcare costs and pension benefits; capital
costs include $70,000 for immediate implementation of several software solutions to meet a
variety of needs such as improving efficiency and re duce paper flow and paper storage. Mr.
Boyd stated with regard to grant administration they ha ve a team that applies for grants and
most other departments have that and that is how they ended up wit h 50 grants. He stated there
is no central database that stores all that informat ion. The department maintains their portion
and accounting makes sure all the reports get issued and that deadlines are met. Mr. Boyd stated
they need a centralized database and reporting system t o manage this which is millions of dollars
and that is all done now manually. Mr. Boyd stated sta ff has looked at solutions for storing
documentation electrically and also outsourcing some of the processing of that as well. He
stated they need to begin a centralization of the pur chasing function to gain better cost control.
Mr. Boyd stated they have 16 employees and 50% of them are either in the DROP Plan or are
close to retirement eligibility (3-5 years). He st ated most of their customers are internal but they
need to set up a communication process by securing s oftware solutions to reduce paper flow,
storage, and improve efficiency. Mr. Boyd reiterated that the reorganization resulted in
elimination of two positions to free up resources, promotion of an employee upon completion
of an accounting degree, moving the Purchasing Manag er into the Finance Department and use
the two administrative assistants to back up that position. H e stated one of those Administrative
Assistants is leaving next year through the DROP Pl an and once she leaves staff is going to hire
a replacement that is going to focus more on the Pu rchasing function and help the Purchasing
Manager. Mr. Boyd stated the Pension Administrator wa s moved from the Finance Department
into the Purchasing Manager’s vacated office so that staff and retirees can discuss their personal
business in private. Staff is also looking for var ious software solutions and beginning team
meetings and hopes that within a year a lot of the s olutions that need to be implemented will be
well underway at that time.
Mr. Jacquet stated he loves the fact that we are goi ng to be more effective with the changes in
the Finance Department. He inquired if anyone lost their job. Mr. Boyd stated one person lost
their job and one person when they were promoted the y eliminated the position that they were
leaving.
Mr. Frankel complimented Karen Schell for going abov e and beyond her job description. Mr.
Frankel stated she is a fine lady and what a great service she does for the City of Delray Beach.
The City Manager stated the Police and Fire Pension B oard contracted for administration for a
while and it did not work well. He stated Karen Schel l does a fine job and she is right here at
City Hall where employees can access her.
Mayor McDuffie stated moving the Purchasing Manager around, etc. were great ideas and
appreciates the progress so far.
3. Information Technology (IT) Division FY 2013 Budget Prese ntation
David Boyd, Finance Director, gave a brief presentati on for the Information Technology (IT)
Division budget for Fiscal Year 2013 and stated the pr imary responsibilities are System Security,
Technology Infrastructure, Enterprise Solutions/Soft ware with wide-scope applications,
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May 24, 2012
Applications Development and Support, Website develop ment and maintenance, and other
technology including radio and surveillance camera sup port. Mr. Boyd stated staff found that
they needed to free up some resources for other areas by elimina ting a Program Manager and are
in the process of unfreezing an Administrative Assis tant position. Mr. Boyd stated overall the
total IT budget is declining 2.5%; operating costs wi ll rise 7%; personnel services declined
$75,000 due to a position elimination net of unfreez ing the Administrative Assistant position
and a slight reduction in the pension expense; operat ing costs are increasing $35,000 in part due
to three things: (1) maintenance costs associated w ith this new virtual server system, (2) backup
tapes for various databases, and (3) increase in hard ware maintenance costs. Mr. Boyd stated
these are all costs we would have incurred regardless of whether if they made any changes to the
department or not but because staff reorganized the de partment they were able to absorb these
and still have an overall decline.
Mr. Boyd stated the IT Department is developing the ne w City website except for the graphic
design which was outsourced to a company in Californi a. He stated IT is going to be a part of
the Co-managing search for the new city-wide Enterp rise Resource Program which will include
Human Resources, Community Improvement, Utility Bil ling, Budget and Financial modules and
everyone in the city will be using that module. Mr. Boyd stated this system does not produce
financial reports such as a balance sheet and an inc ome statement IT extracted that information
so that we get that type of reporting.
Mr. Boyd briefly discussed the proposed projects and sta ted the City needs to upgrade its
network infrastructure. He stated the City is going to get more and more into GIS files which
have huge data needs and when the City goes to the ne w financial reporting system there is
going to be a lot of e-governmental activity with t hat and all of that is going to use up
bandwidth. Mr. Boyd stated the City has to do better i n the redundancy backup solutions,
utilization of Florida LambdaRail fiber optic network as a backup connection system, and e-
governmental initiatives.
Mr. Frankel thanked Mr. Boyd for two great presentatio ns and stated they are brief, clear, and he
is looking for less money. Mr. Frankel appreciates all the innovative things that Mr. Boyd
proposes for next year.
Mayor McDuffie stated the Northwest Regional Data Ce nter was closed down at the campus of
Florida State University and LambdaRail is a statewide fiber loop that runs around the state and
it allows shops like ours to put disaster recovery s ystems in Tallahassee so all the transactions
here are mirrored in Tallahassee. He stated they hav e huge amounts of floor space in the data
center. He stated that is a great resource for the city at a very low cost and he too is proud of
everyone that has made presentations because everyone is doi ng more with less budget this year.
Mr. Carney asked if the City would still be operative in the ev ent of a disaster. The City Manager
stated the IT building has its own generator.
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May 24, 2012
4. City Clerk FY 2013 Budget Presentation
Chevelle D. Nubin, City Clerk, gave a brief present ation regarding the City Clerk budget for
Fiscal Year 2013. Ms. Nubin stated the City Clerk’s primary functions are
Management/Administration of City and Civil Service E lections, Cemetery Administration,
Public Notices and Certifications, Agenda Coordination (Agenda Packet Creation, Recording of
Documents, Annexation Notifications, Website postin g of Ordinances, Resolutions, Agendas,
Minutes, and Liaison Letters), LaserFiche Maintenanc e (Scanning of Official City Documents),
and Codebook Supplements (Municode), Contract Manageme nt, Confidential Vehicle
Renewal/Registrations, City Advertisements, Advisory Board Administration, Records
Management and Public Records Requests, Customer Rela tions – Issuance of Residency
Cards/Lien Searches/Proof of Life Document, Attendance at Commission Meetings,
Transcription of Minutes, and Video Streaming. Ms. N ubin stated with regard to the staffing
summary the City Clerk’s office used to have seven p eople in 2010 and for the past couple of
years there have been six people. She stated in 201 1 an employee retired which resulted in a
personnel savings and the City did not have an electio n in 2011 which also resulted in a savings
with the operational costs. Ms. Nubin stated there will be some increases this year due to the
City’s contract with the Supervisor of Elections an d these are her changes that get passed down
to the municipalities. Ms. Nubin stated there have also been some increases in the City’s
software maintenance for the digital recording, cemet ery, and document imaging. Ms. Nubin
stated with regard to revenue she projects that the C ity Clerk’s office will have approximately
$75,000 in this year for public records requests and lien searches; however, at mid-year she
projected $55,000 for public records requests and lie n searches and to date the City Clerk’s
office has taken in $82,000.
Ms. Nubin stated the Deputy City Clerk serves as the Secretary for the Palm Beach County
Municipal Clerks’ Association and on the State level she ser ves as the Southeast District Director
for the Florida Association of City Clerks (FACC). Ms. Nubin stated for the past couple of
years she has taught the first year and new clerks from around the state 50-60 clerks a year and
also serves on the Professional Education Committee and will be entering her third year of a
three-year term in October. She stated by being on the committee she assisting in planning the
education for the clerks around the state. Ms. Nubin stated she just had a one day mini academy
for the clerks in her district (i.e. Broward, Palm Be ach, Miami-Dade and Monroe Counties)
which equals 151 cities and about 66 clerks attended. Ms. Nubin stated that is an added value to
the City as well as the City Clerk’s office because that is the first time that the City has been
involved on that level for the past couple of years.
Mr. Jacquet asked if the scanning of the official doc uments dating back to the 1920’s had to be
outsourced. Ms. Nubin stated this was done internally.
Mr. Jacquet asked how it is working with the six (6) staff members as opposed to seven (7) for
the past two years. Ms. Nubin stated the Administrat ive Assistant position was eliminated in
2006/2007 and that person moved up to Agenda Coordinator . Lanelda Gaskins was promoted
to Deputy City Clerk. She stated that Administrative Assistant was never filled and when the
person who served as Office Assistant I retired the p osition was never filled; however, the work
remained. Ms. Nubin stated the work was redistributed among the staff and the plus side is that
everyone in the office is cross trained on every function.
6
May 24, 2012
Mr. Jacquet stated everyone does everyone else’s job in the City Clerk’s office and from the
numbers he has been looking at out of all the depar tment heads Ms. Nubin makes the least
amount as far as income. Mr. Jacquet stated he appr eciates the work that the City Clerk’s office
does and thanked Ms. Nubin for her presentation.
Mr. Carney stated the City Clerk’s confidence that go t us involved with all these other cities and
she has done a great job.
Mrs. Gray thanked the City Clerk for being so instru mental to everyone and the entire
department. Mrs. Gray congratulated the City Clerk f or all her work with the FACC Southeast
District. Mrs. Gray asked what happens in a couple of years when the cemetery sells all the
plots. The City Clerk stated the Parks and Recreatio n Department is looking into this and it
depends if we want to build more spaces for the mausol eum or the City may have to figure out
something else regarding plots.
The City Manager stated what happens typically is as you fill up the spaces that are primary you
can back into what are now aisle spaces between grave sites and begin to put graves in there.
Mrs. Gray inquired about the election costs. Ms. Nu bin stated that the only difference with
having an election in November is we get to share t he cost with the Supervisor of Elections
versus the Cities’ standalone elections; however, du ring that time we would be put at the very
end of the ballot. The City Clerk stated approximate ly 37 municipalities may have elections in
March and we share the prorated costs in the agreemen t and this is what the Supervisor of
Elections is passing down to the city indicating that her costs have increased in these particular
areas. The City Manager stated the current Supervis or of Elections has greatly increased the
costs that she is charging the cities for elections . Mrs. Gray stated the reason the Commission
wanted to do a three three-year term was so that we w ould not have elections every year which
would save $40,000-$50,000 a year.
Mr. Frankel stated he is going on his fourth year be ing on the Commission and has heard
complaints about every department in the city except the City Clerk’s office. Mr. Frankel stated
the City Clerk’s office deals with a great number of residents and feels this says a lot about Ms.
Nubin and the entire staff. Mr. Frankel complimente d the City Clerk’s office for their courteous
demeanor and for doing such an efficient great job.
Mayor McDuffie echoed comments expressed by the rest of the Co mmission.
Mr. Carney stated the City Clerk’s office has been inundated with extra public records requests
and feels these are being handled very well.
5. City Commission FY 2013 Budget Presentation
The City Manager stated the Commission has Boards, Co mmittees, and Task Forces that report
to them and advise them; and, the Commission appoints the City Manager and the City
Attorney. The City Manager stated the City Commissi on’s budget and personnel costs are up
about 7% and operating costs are up 6% with an overa ll increase of 6.5%. The reasons for that
increase is there are more Commissioners on the Cit y’s health insurance than in the previous
year and include the Citizen’s Summit. The City Ma nager stated there was a decrease in
refreshments due to not planning to host the Palm Beach Coun ty League of Cities meeting next
7
May 24, 2012
year. He stated some of the things that are include d are membership fees for the Palm Beach
County League of Cities, Palm Beach County Caucus of Black Elected Officials, Florida League
of Cities, Florida Black Caucus of Local Elected Off icials, Alliance for Innovation, and the
National League of Cities.
Mayor McDuffie adjourned the Workshop Meeting at 7:10 p.m.
______________________________________
City Clerk
ATTEST:
MAYOR
The undersigned is the City Clerk of the City of Delr ay Beach, Florida, and the information
provided herein is the Minutes of the Special/Worksho p Meeting of the City Commission held on
Tuesday, May 24, 2012, which Minutes were formally a pproved and adopted by the City
Commission on June 19, 2012.
_________________________________________
City Clerk
NOTE TO READER: If the Minutes you have received are not completed as indicated a bove, 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 in volve amendments, additions or deletions to
the Minutes as set forth above.
MEMORANDUM
TO:Mayor and City Commissioners
FROM:Linda Karch, Director of Parks and Recreation
THROUGH:David T. Harden, City Manager
DATE:June 13, 2012
SUBJECT:AGENDA ITEM 6.A. - REGULAR COMMISSION MEETING OF JUNE 19, 2012
PARKS AND RECREATION MONTH PROCLAMATION
ITEM BEFORE COMMISSION
Designation of July as Parks and Recreation Month.
BACKGROUND
Since 1985, America has celebrated July as the nati on's official Parks and Recreation Month. National
Recreation Parks Association encourages cities to s how how parks and recreation make your life
extraordinary! Create a healthy weekend habit by getting out to a park, trail, playground, swimming
pool, natural area, or other public space every wee kend. Just have FUN.
WHEREAS WHEREAS WHEREAS WHEREAS, parks and recreation programs are an integ ral part of
communities throughout this country, including Delr ay Beach; and
WHEREAS WHEREAS WHEREAS WHEREAS,,,, our parks and recreation are vitally important to
establishing and maintaining the quality of life in our communities, ensuring
the health of all citizens, and contributing to the economic and environmental
well-being of a community and region; and
WHEREAS WHEREAS WHEREAS WHEREAS,,,, parks and recreation programs build healthy, acti ve
communities that aid in the prevention of chronic d isease, provide therapeutic
recreation services for those who are mentally or p hysically disabled, and also
improve the mental and emotional health of all citi zens; and
WH WH WH WHEREAS EREAS EREAS EREAS,,,, parks and recreation programs increase a communit y’s
economic prosperity through increased property valu es, expansion of the local
tax base, increased tourism, the attraction and ret ention of businesses, and
crime reduction; and
WHEREA WHEREA WHEREA WHEREAS SS S,,,, parks and recreation areas are fundamental to the
environmental well-being of our community; and
WHEREAS WHEREAS WHEREAS WHEREAS,,,, parks and natural recreation areas improve water quality,
protect groundwater, prevent flooding, improve the quality of the air we
breathe, provide vegetative buffers to development, and produce habitat for
wildlife; and
WHEREAS WHEREAS WHEREAS WHEREAS,,,, our parks and natural recreation areas ensure the ecological
beauty of our community and provide a place for chi ldren and adults to connect
with nature and recreate outdoors.
NOW, THEREFORE, I, NELSON S. McDUFFIE,NOW, THEREFORE, I, NELSON S. McDUFFIE,NOW, THEREFORE, I, NELSON S. McDUFFIE,NOW, THEREFORE, I, NELSON S. McDUFFIE, Mayor of the City
of Delray Beach, Florida, on behalf of the City Com mission do hereby
proclaim July, 2012, as:
PARKS AND RECREATION MONTH PARKS AND RECREATION MONTH PARKS AND RECREATION MONTH PARKS AND RECREATION MONTH
in Delray Beach and urge that attention be directed to the many ways in which
parks, recreation and civic groups, public schools, private organizations, and
other agencies may expand recreation facilities and programs so that every
citizen will have the opportunity to develop meanin gful and satisfying leisure
activities.
IN WITNESS WHEREOF,IN WITNESS WHEREOF,IN WITNESS WHEREOF,IN WITNESS WHEREOF, I have hereunto set my hand an d caused
the Official Seal of the City of Delray Beach, Flor ida, to be affixed this 19 th day
of June, 2012.
___________________________
NELSON NELSON NELSON NELSON S. McDUFFIE S. McDUFFIE S. McDUFFIE S. McDUFFIE
MAYOR MAYOR MAYOR MAYOR
MEMORANDUM
TO:Mayor and City Commissioners
FROM:Dot Bast, Training and Development Manager
THROUGH:Bruce Koeser, Human Resources Director
David Harden, City Manager
DATE:May 22, 2012
SUBJECT:AGENDA ITEM 7.B. - REGULAR COMMISSION MEETING OF JUNE 19, 2012
I.M.P.A.C.T. DELRAY GRADUATION PRESENTATION
ITEM BEFORE COMMISSION
Graduation of nine members of IMPACT Delray and pre sentation of their capstone project: Desiree
Kazekavicius, Sharon L'Herrou, Charles Furment, Mar ia Marino-Bollan, Kimberly Wynn, Tim
Simmons, Nigel Roberts, Scott Pape, Cheryl Hoaglund .
BACKGROUND
According to the IMPACT Delray business plan, mente es who successfully graduate from the year-long
program will be awarded a certificate by the Mayor at a City Commission meeting. Also, the group’s
capstone project will be presented to the City Comm ission during their graduation.
The project presentation will be made using a few P ower Point slides, followed by the awarding of
certificates.
I.M.P.A.C.T. DELRAY
I ndividual M entoring P rogram A nd C ollaboration T eam
IMPACT Delray November 2010 Page 1 of 4
One of the challenges facing the City of Delray Bea ch is to effectively develop our human
resources into a high-performance workforce. The f uture of Delray Beach government is
directly impacted by the skills, ability, knowledge and education of its greatest asset – our
employees. In order to successfully meet the chall enges ahead, we must be able to answer
the following:
• How will we equip emerging leaders to succeed in ne w roles when the current
generation of key people retires?
• How will we enhance individual, team, and organizat ional performance, ensuring
alignment with the mission of the City?
• How will we develop employee skill sets while offer ing challenges and the
opportunity to grow into a high performance organiz ation?
IMPACT Delray answers these questions by providing an organizati onal development
initiative designed to build and retain talent with in the City.
THE MISSION
IMPACT Delray is a mentoring initiative designed to foster indiv idual and organizational
growth by encouraging people to challenge themselve s both personally and professionally.
The program’s mission is to prepare employees to co mpete for future promotional
opportunities while enhancing skills for their curr ent position. Through instruction, practice,
and individual mentoring, the goal is to develop le aders who will excel in business acumen,
collaboration, organizational knowledge and emotion al intelligence and to encourage
organizational interdependence. IMPACT Delray will promote experiential learning and
sharing of institutional knowledge.
Table 1 below lists the characteristics that have b een identified as being critical to effective
leadership in a high-performance organization. The mentoring program’s strategy is
designed to build skills directly related to the Ci ty’s core values and the competencies
identified by the ICMA’s Management Practices. The program also provides an avenue for
the Executive Committee, comprised of department he ads, to participate in preparing the
City’s future leaders.
I.M.P.A.C.T. DELRAY
I ndividual M entoring P rogram A nd C ollaboration T eam
IMPACT Delray November 2010 Page 2 of 4
Table 1. Competencies
CO MPETENCY BEHAVIOR ICMA MANAGEMENT PRACTICE
Character Confident
Respectful
Trustworthy, ethical
Responsible
Personal Integrity
Business Acumen
Strategic Planning
Develops and shapes strategy
Leads change
Shares vision
Functional/Operational
Expertise and Planning
Initiative and Risk Taking
Strategic Planning
Innovation Initiative
Adaptability
Problem solving
Creativity
Creativity and Innovation
Leadership Decision making
Delegation
Empowerment
Cultural Competence
Develops bench strength
Emotional Intelligence
Coaching
Team Leadership
Empowerment
Mentoring
Staff Effectiveness
Teamwork Collaboration
Conflict Resolution
Fosters, builds partnerships
Team leadership
Planning and Organizing Prioritizing
Goal setting
Time management
Use of resources
Budge ting
Financial Analysis
Supervising
Fair and equitable in managing
Effective coaching /counseling
Clear performance standards
Performance Management
Human Resources
Management
Communication
Public speaking
Mediation
Community Relations
Media Re lations
Presentation Skills
Organizational Knowledge Basics of each department
Budgeting
Purchasing
Organizational Integrity
Budgeting
I.M.P.A.C.T. DELRAY
I ndividual M entoring P rogram A nd C ollaboration T eam
IMPACT Delray November 2010 Page 3 of 4
P ROGRAM C OMPONENTS
S ELECTION Applicants may be recommended by a manager or may
apply. Each applicant must have a letter of recomme ndation
from their department head to participate.
Applications are screened by Human Resources to det ermine
if the candidate meets or can reasonably expect to meet the
minimum qualifications for the position the candida te aspires
to.
The essay portion of the application is reviewed an d scored
by Human Resources and the Executive Committee. A
threshold score must be achieved in order to progre ss to the
next step.
A 360 o Evaluation will distributed and scored by Human
Resources.
Participants will be then be interviewed by Human
Resources. The final decision for who will be inclu ded in the
program will be made by the HR Director and City Ma nager.
Those applicants who are not selected may apply to the
program again the next year, if they desire.
ASSESSMENT Each particpant’s manager or department head will
complete an Individual Learning Plan appropriate fo r the
position for which he or she is preparing.
A Myers-Briggs- type indicator and other assessment s will be
completed as pre-work.
C URRICULUM The cohort will meet as a group for two half days e ach
month.
Instructional Curriculum will be designed to includ e:
- Leadership, Emotional Intelligence
- Teambuilding, Collaboration
- Ethics
- Strategic Planning, Goal Setting, Decision Making
- Cultural Competence
- Communication, Public speaking
- Performance Management: coaching, discipline, confl ict
resolution
- Time Management
- Interviewing, Hiring
- Employment Law
- Budgeting, Finance
I.M.P.A.C.T. DELRAY
I ndividual M entoring P rogram A nd C ollaboration T eam
IMPACT Delray November 2010 Page 4 of 4
M ENTORING P ROGRAM Participants will be paired with a mentor who will be outside
of their division for the one year program
Training will be conducted for both mentors and me ntees to
define the specific goals and expectations, includi ng
reporting, frequency of meetings, outcome tracking, and
feedback
Mentor and mentee will meet a minimum of four hours each
month.
TEAM PROJECT By the third month of the program, the group will s elect an
organizational challenge to address. The cohort wi ll serve as
a cross-functional team charged with achieving a so lution to
the selected challenge. The project will be approve d by the
Executive Committee.
This capstone project will be presented to the City
Commission at the end of the year.
P ROGRAM C OMPLETION Successful completion of the program will require:
- Passing grade on the post-test
- Satisfactory peer review
- Satisfactory mentor review
Certificates will be awarded to graduates by the Ma yor at a
City Commission meeting.
The participants will receive a development plan if they did
not meet all criteria at the time of program comple tion.
C ONTINUATION Mentees will be encouraged to become mentors
Graduates will meet quarterly as a Community of Pra ctice
I.M.P.A.C.T. DELRAY
I ndividual M entoring P rogram A nd C ollaboration T eam
Executive Summary
The first IMPACT Delray was kicked off on June 7, 2011 with nine high-pote ntial employees
and nine department heads who served as their mento rs. The IMPACT initiative focused on
three primary goals: develop leadership competencie s, establish individual mentoring
relationships and create a collaboration team that would address a real issue facing the City
and formulate a solution.
L EADERSHIP COMPETENCIES
IMPACT Delray met together for four hours on first and third Tue sdays for one year. The
first two hours were facilitated by Rick Caldwell, President of RCultures, Inc. Using teaching,
case studies, exercises and open discussions, Rick built competencies in leadership,
communication, teambuilding, public speaking, cultu ral competence and managerial skills.
The group grew together as a team and learned to sh are solutions to common problems.
The last half of each session was dedicated to expl oring practical applications for what the
group was learning with Rick. The group completed a study of the book Switch: How to
Change Things When Change is Hard by Chip Heath and Dan Heath, and attended a webinar
by Dr. Henry Cloud about his book, Necessary Endings . A list of library books was made
available for optional readings: Emotional Intelligence by Daniel Goleman; Drive by Daniel
Pink; 360 Degree Leadership by John Maxwell; Seven Habits of Highly Effective People by
Stephen Covey. IMPACT Delray attended seminars and webinars on management topic s
throughout the year.
M ENTORING
Each mentee in IMPACT Delray was paired with a depa rtment head who volunteered to
participate in the program. Mentees and mentors re ceived training in developing an
effective mentoring relationship, along with a work book to guide them.
Mentees were encourgaged to share their mentoring e xperiences with each other, which
gave others ideas on how to enrich the relationship with their mentors. Mentors also met
together periodically as a group to share ideas.
C OLLABORATION TEAM
The IMPACT Delray team members decided to address t he issue of employee unity. They
saw that employees were often divided into groups t hat were not given the opportunity to
interact with each other. And, solutions to many pr oblems were expected to come from
management. Team Delray was created to bring emplo yees together annually to
brainstorm ideas and form a committee that would wo rk to implement solutions. Team
Delray 2012 has created a “zen garden” for employee s to utilized during lunch breaks and
they are assisting Human Resources in designing a f itness room in City Hall.
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MEMORANDUM
TO:Mayor and City Commissioners
FROM:Tamara Genius, Plan Reviewer
Richard C. Hasko, P.E., Environmental Services Dire ctor
THROUGH:David T. Harden, City Manager
DATE:June 8, 2012
SUBJECT:AGENDA ITEM 8.A. - REGULAR COMMISSION MEETING OF JUNE 19, 2012
REQUEST FOR A SIDEWALK DEFERRAL /1205 PALM TRAIL
ITEM BEFORE COMMISSION
Deferral of sidewalk installation in front of 1205 Palm Trail.
BACKGROUND
The subject property is a single family residential lot located on the east side of Palm Trail, north of
George Bush Boulevard. Refer to attached location m ap. Currently, there are no plans to install a
sidewalk along the east side of Palm Trail in the v icinity of the subject residence; however there is a
sidewalk on the west side of Palm Trail. This item was approved by DSMG at the June 7, 2012 meeting.
RECOMMENDATION
Staff supports approval for a sidewalk deferral.
MEMORANDUM
TO:Mayor and City Commissioners
FROM:Tamara Genius, Plan Reviewer
Richard C. Hasko, P.E., Environmental Services Dire ctor
THROUGH:David T. Harden, City Manager
DATE:June 5, 2012
SUBJECT:AGENDA ITEM 8.B. - REGULAR COMMISSION MEETING OF JUNE 19, 2012
REQUEST FOR A SIDEWALK DEFERRAL /960 DOGWOOD DRIVE
ITEM BEFORE COMMISSION
Deferral of sidewalk installation in front of 960 D ogwood Drive.
BACKGROUND
The subject property is a single family residential lot located on the south side of Dogwood Drive, ea st
of Boone Drive. Refer to attached location map. Cur rently, there are no plans to install a sidewalk al ong
the south side of Dogwood Drive in the vicinity of the subject residence. The deferral request was
approved by DSMG at the June 14, 2012 meeting.
RECOMMENDATION
Staff supports approval for sidewalk deferral.
MEMORANDUM
TO:Mayor and City Commissioners
FROM:Tamara Genius, Plan Reviewer
Richard C. Hasko, P.E., Environmental Services Dire ctor
THROUGH:Davis T. Harden, City Manager
DATE:June 5, 2012
SUBJECT:AGENDA ITEM 8.C. - REGULAR COMMISSION MEETING OF JUNE 19, 2012
REQUEST FOR SIDEWALK DEFERRAL /926 BANYAN DRIVE
ITEM BEFORE COMMISSION
Deferral of sidewalk installation in front 926 Bany an Drive.
BACKGROUND
The subject property is a single family residence l ocated on the south side of Banyan Drive, east of
Spanish Trail. Refer to attached location map.Curre ntly, there are no plans to install a sidewalk alon g
the south side of Banyan Drive in the vicinity of t he subject residence. The deferral request was
approved by DSMG at the June 14, 2012 meeting.
RECOMMENDATION
Staff supports approval for sidewalk deferral.
MEMORANDUM
TO:Mayor and City Commissioners
FROM:Tamara Genius, Plan Reviewer
Richard C. Hasko, P.E., Environmental Services Dire ctor
THROUGH:David T. Harden, City Manager
DATE:June 4, 2012
SUBJECT:AGENDA ITEM 8.D. - REGULAR COMMISSION MEETING OF JUNE 19, 2012
REQUEST FOR SIDEWALK DEFERRAL /936 HYACINTH DRIVE
ITEM BEFORE COMMISSION
Deferral of sidewalk installation in front of 936 H yacinth Drive.
BACKGROUND
The subject property is a single family residential lot located on the south side of Hyacinth Drive, e ast
of Spanish Trail. Refer to attached location map. C urrently, there are no plans to install a sidewalk along
the south side of Hyacinth Drive in the vicinity of the subject residence. The deferral request was
approved by DSMG at the June 14, 2012 meeting.
RECOMMENDATION
Staff supports approval for a sidewalk deferral.
MEMORANDUM
TO:Mayor and City Commissioners
FROM:Sharon L'Herrou, Administrative Officer
Anthony W. Strianese, Chief of Police
THROUGH:David T. Harden, City Manager
DATE:June 13, 2012
SUBJECT:AGENDA ITEM 8.E. - REGULAR COMMISSION MEETING OF JUNE 19, 2012
LETTER OF SUPPORT - COUNTY JAG FUNDING ALLOCATION
ITEM BEFORE COMMISSION
The Police Department requests approval for the May or to submit a letter in support of the County's
recommended allocation of the County JAG funding (J ustice Assistance Grant) for FY 12/13.
BACKGROUND
The Florida Department of Law Enforcement (FDLE) ha s allocated $358,801 in funding to Palm Beach
County. This funding is provided to FDLE from the U nited States Department of Justice, Annual Justice
Assistance Grant (JAG). In order to receive this fu nding, the units of government within Palm Beach
County must provide majority support to the funding distribution and submit a letter so stating. The
proposed funding allocations are attached (in the l etter of support). The City of Delray Beach expects to
have some benefit from the proposed County Wide re-entry services which will be provided.
RECOMMENDATION
The Police Department recommends approval.
MEMORANDUM
TO:Mayor and City Commissioners
FROM:Paul Dorling, Director of Planning and Zoning
DATE:June 13, 2012
SUBJECT:AGENDA ITEM 8.F. - REGULAR COMMISSION MEETING OF JUNE 19, 2012
AGREEMENT/ FDEP: BEACH RENOURISHMENT
ITEM BEFORE COMMISSION
The action requested of City Commission is that of approving the Department of Environmental
Protection (DEP), Contract No. 12PB1 between the Ci ty and the DEP for the state’s cost sharing of the
Beach Renourishment Project.
BACKGROUND
The DEP Contract No. 12PB1 represents a project agreem ent between the State and the City of Delray
Beach for state cost sharing not to exceed $2,279,5 37. The contract represents the state’s
reimbursement share (50% of the balance) after the federal commitment of 56.33%. This contract will
cover the state’s share of reimbursable tasks including preliminary and final engineering leading up to
the 2012 fill event, as well as the construction en gineering, permit required monitoring, and fill
placement. The modifications have been reviewed and approved as to legal sufficiency and form by the
City Attorney.
RECOMMENDATION
By motion, approve DEP Contract No. 12PB1 between t he City of Delray Beach and the DEP for the
state’s cost sharing of the ongoing Beach Renourish ment Project.
MEMORANDUM
TO:Mayor and City Commissioners
FROM:Sharon L'Herrou, Administrative Officer
Anthony W. Strianese, Chief of Police
THROUGH:David T. Harden, City Manager
DATE:June 13, 2012
SUBJECT:AGENDA ITEM 8.G. - REGULAR COMMISSION MEETING OF JUNE 19, 2012
BULLET PROOF VEST GRANT/ DEPARTMENT OF JUSTICE
ITEM BEFORE COMMISSION
The Delray Beach Police Department requests approva l to submit an application to the Department of
Justice’s Bulletproof Vest Program. The request is for the maximum allowable amount of $33,600 for
48 vests. This program covers 50% of the cost which amounts to $16,800.
BACKGROUND
The Delray Beach Police Department currently has a Bulletproof Vest Award with the Department of
Justice (DOJ). This application represents an oppor tunity to extend our current award program.
Bulletproof vests are necessary life-saving equipment which Law Enforcement Agencies are required to
procure. According to the DOJ website, "The Bulletp roof Vest Partnership (BVP) is a unique U.S.
Department of Justice initiative designed to provid e a critical resource to state and local law
enforcement."
FUNDING SOURCE
Matching funding for the City's 50% share of the co st ($16,800) was included in the FY 12/13 Budget
request in account number 001-2115-521-52.27.
RECOMMENDATION
The Police Department recommends approval.
MEMORANDUM
TO:Mayor and City Commissioners
FROM:R. Brian Shutt, City Attorney
DATE:June 11, 2012
SUBJECT:AGENDA ITEM 8.H. - REGULAR COMMISSION MEETING OF JUNE 19, 2012
INTERLOCAL AGREEMENT/COMMUNITY REDEVELOPMENT AGENCY
ITEM BEFORE COMMISSION
The item before the City Commission is an Interloca l Agreement between the City and the CRA for the
funding of broadband service (purchase of the radio s and related equipment) in the NW/SW
neighborhoods.
BACKGROUND
Attached is the proposed Interlocal Agreement for t he funding of the purchase of the radios and relate d
equipment in order to provide free internet access in the NW/SW neighborhoods as part of the digital
divide program. The CRA desires to contribute up to $135,000 to the City to be used to fund the
purchase of the necessary radios and equipment.
RECOMMENDATION
Staff recommends approval of the Interlocal Agreeme nt.
MEMORANDUM
TO:Mayor and City Commissioners
FROM:R. Brian Shutt, City Attorney
DATE:June 11, 2012
SUBJECT:AGENDA ITEM 8.I. - REGULAR COMMISSION MEETING OF JUNE 19, 2012
SUBLEASE AGREEMENT/CRA/CREATIVE CITY COLLABORATIVE OF DELR AY BEACH
INC.
ITEM BEFORE COMMISSION
The item before the Commission is approval of a pro posed sublease agreement between the CRA and
the CCC regarding the Old School Square Parking Gar age retail space.
BACKGROUND
The City has an agreement with the CRA regarding th e lease of a portion of the OSS retail space. This
lease allows the CRA to sublease the space upon obt aining the City’s permission. The attached sublease
provides that it is subject to all of the terms and conditions of the lease agreement between the City and
the CRA.
RECOMMENDATION
Staff recommends approval of the sublease agreement between the CRA and the CCC.
MEMORANDUM
TO:Mayor and City Commissioners
FROM:Victor Majtenyi; Deputy Director of Public Uti lities
Richard C. Hasko, P.E.; Director of Environmental S ervices Department
THROUGH:David Harden; City Manager
DATE:June 5, 2012
SUBJECT:AGENDA ITEM 8.J. - REGULAR COMMISSION MEETING OF JUNE 19, 2012
PAYMENT OF INVOICE/FPL
ITEM BEFORE COMMISSION
Approve payment to Florida Power and Light in the a mount of $37,998.80 for upgrading the electrical
service relating to the Lift Station 100A Upgrade p roject, P/N 2011-041.
BACKGROUND
Lift Station 100A is located at the northeast corne r of Veteran’s Park, northeast of the shuffleboard
courts. The station was built in the early 1990’s a nd has three 30-hp pumps. The station is presently
operating on 240 volt/3 phase electric power.
On June 5, 2012, City Commission approved the award for the Wastewater Lift Station 100A Upgrade
project to Intercounty Engineering, Inc. as the low est responsive bidder. The scope of work involves
construction of a second wet well, purchase and ins tallation of a new standby diesel generator, comple te
upgrade of the stations electrical service, by-pass pumping, and associated site landscape and fen cing
upgrades.
Associated with the Lift Station’s upgrade is Flori da Power and Light’s requirement to upgrade the
electrical service to the station. The service wil l be upgraded from the existing power source to 480
volt/3 phase power source. This source of energy is more efficient and will provide smoother operation
of the three new 40-hp pumps. The scope of work consists of installing a new switchgear cabinet, pad
mounted transformer, and associated wiring to the p ower pole. FPL’s cost is $37,998.80.
FUNDING SOURCE
Funding will be from account 442-5178-536-69.29, Water and Sewer Renewal & Replacement
Fund/Lift Station 100A Upgrade, in the amount $37,9 98.80, after a budget transfer.
RECOMMENDATION
Staff recommends approval of payment to Florida Pow er and Light in the amount of $37,998.80 for the
new upgraded electric service associated with the W astewater Lift Station 100A Upgrade project, P/N
2011-041.
MEMORANDUM
TO:Mayor and City Commissioners
FROM:Lula Butler, Director, Community Improvement
THROUGH:David Harden - City Manager
DATE:June 14, 2012
SUBJECT:AGENDA ITEM 8.K. - REGULAR COMMISSION MEETING OF JUNE 19, 2012
AMENDED AGREEMENT/PBC/DRI3 PROGRAM
ITEM BEFORE COMMISSION
Approval of the amended Agreement between the City of Delray Beach and Palm Beach County for
$613,347 to provide for implementation of the Hurri cane Hardening funded under the Disaster
Recovery Initiative 3 (DRI3).
BACKGROUND
On July 14, 2010, the City Commission approved an A greement with Palm Beach County, Contract
Number 08DB-D3-10-60-01-A07 for $800,000, for the p urpose under the State of Florida-funded 2005
Disaster Recovery Initiative Program Supplemental A ppropriation funds to implement a housing
rehabilitation program.
This Agreement will reallocate $613,347 from Contra ct Number 08DB-D3-10-60-01-A07, originally
budgeted for housing rehabilitation activity, to Hu rricane Hardening of Fire Station #1. This activity
entails the repair and hardening of one Emergency O peration facility, which includes removal and
replacement of the flat roof, remove existing and i nstall hurricane impact windows, replace perimeter
doors and the installation of a new generator.
FUNDING SOURCE
Disaster Recovery Initiative 118-1960-554-49.19 (Re imbursable Grant)
RECOMMENDATION
Staff recommends approval of the amended Agreement between the City of Delray Beach and Palm
Beach County in the amount of $613,347 for implemen tation of the Hurricane Hardening activity
funded under the Disaster Recovery Initiative 3 (DR I3) program.
MEMORANDUM
TO:Mayor and City Commissioners
FROM:Richard J. Reade, Sustainability Officer/Publi c Information Officer
THROUGH:David T. Harden, City Manager
DATE:June 14, 2012
SUBJECT:AGENDA ITEM 8.L. - REGULAR COMMISSION MEETING OF JUNE 19, 2012
MEMORANDUM OF UNDERSTANDING/SOLID WASTE AUTHORITY (SWA)/AMER ICAN
BEVERAGE ASSOCIATION (ABA)
ITEM BEFORE COMMISSION
Request the City Commission to authorize the City’s participation in a Pilot Public Space Recycling
Program with the American Beverage Association (ABA ).
BACKGROUND
Recently, the City of Delray Beach was presented wi th an opportunity to participate in a national Pilo t
Program to assist in documenting current public spa ce recycling practices and to contribute to the
development of national policy recommendations to i ncrease this method of recycling. The Pilot
Project, which is being conducted by the American B everage Association (ABA), who is represented by
StewardEdge USA, would contribute to the City’s green and sustainable efforts in promoting public and
commercial recycling within our community.
If approved, the City of Delray Beach would be the first community to enter into this Pilot Program,
which will include various other communities within Palm Beach County. Some of the project goals for
this Pilot project include:
• Measure and improve public space recycling performa nce
• Measure the contamination rate of non-recyclables i n the recycling stream pre- and post-
implementation
• Measure the increased rate of recycling achieved by measuring the pre- and post-
implementation recycling rates achieved in each sel ected host jurisdiction
• Create an effective, attractive, and sustainable re cycling system for beverage containers
generated in the public space for each host jurisdi ction
• Identify current recycling and disposal behaviors
• Integrate the messaging with the communications rel ated to host jurisdiction residential
recycling programs
• Document capital and operating costs of the pilots
• Create opportunities for the public to recycle thei r beverage containers to reduce the amount of
litter
• In consultation with relevant authorities from each host jurisdiction, identify and demonstrate
the use of functional and aesthetically pleasing re cycling receptacles
• Increase public awareness of the opportunities and convenience of recycling in the host
jurisdictions
By participating in this six (6) month Pilot Progra m, the City will receive, at no charge, 20 or more
recycling receptacles that will be located near the City’s beach and in the downtown core. The City will
be responsible for the upkeep (i.e., cleaning) of t he containers, however, the ABA shall be responsibl e
for any and all repairs and replacement of the cont ainers. At the completion of this Pilot Project, al l of
the recycling receptacles that are utilized by the City within this Pilot Project will be donated to t he
City.
With regards to the collection of these containers, Waste Management Inc. of Florida has agreed to
collect these additional containers and provide all recycling collection data to the project manager a t no
cost to the City. This agreement will be formally p resented to the City Commission as an amendment to
the City’s Solid Waste & Recycling Collection Franchise Agre ement later this year when the new,
proposed collection rates are presented to the Comm ission.
StewardEdge, representing the American Beverage Ass ociation, will be responsible for providing all
project management and technical assistance through out the term of the project and the Solid Waste
Authority will be responsible for assisting with pr omoting the pilot recycling program.
RECOMMENDATION
Recommend the City Commission approve the Memorandu m of Understanding with the American
Beverage Association and authorize the City to ente r into the Pilot Public Space Recycling Program.
MEMORANDUM OF UNDERSTANDING
The American Beverage Association (ABA) has contracted wit h StewardEdge
USA, Inc. to implement a pilot public space recycling pr ogram in Palm Beach County.
The Palm Beach County Solid Waste Authority (SWA) ha s agreed to assist
StewardEdge in the identification of up to eight (8) sites within the County for
participation in the pilot. The City of Delray Beach (City) has agreed to participate in
this pilot program.
WHEREAS , all parties desire to participate in this proposed pil ot program in
order to document and improve recycling performance in public spaces.
NOW, THEREFORE , for good and valuable consideration, the receipt and
sufficiency of which is hereby acknowledged, the parties he reby agree as follows:
1. The Parties agree as follows:
Project goals that the American Beverage Association seeks t o achieve through this
pilot are as follows:
• Measure and improve public space recycling performance;
• Create an effective, attractive, and sustainable recycl ing system for beverage
containers generated in the public space for each host ju risdiction;
• Create opportunities for the public to recycle their b everage containers to reduce
the amount of litter;
• In consultation with relevant authorities from each host jurisdiction, identify and
demonstrate the use of functional and aesthetically pl easing recycling
receptacles;
• Increase public awareness of the opportunities and conven ience of recycling in
the host jurisdictions.
Specific objectives for this project include to:
• Identify current recycling and disposal behaviors;
• Assess recycling systems already in place including measure ment of baseline
volumes of beverage containers being recycled and landfi lled from an identified
set of public space locations;
• Integrate the messaging with the communications related to host jurisdiction
residential recycling programs;
• Document capital and operating costs of the pilot;
• Recommend recycling collection receptacle signage option s;
• Measure the contamination rate of non-recyclables in th e recycling stream post-
implementation;
• Measure the increased rate of recycling achieved by mea suring the pre- and
post-implementation recycling rates achieved in each sele cted host jurisdiction.
2
The role of the American Beverage Association will be t o:
• Provide at no charge to each participating municipalit y up to 20 recycling
receptacles, mutually selected by the municipality and A BA, but not to exceed
$600.00 per receptacle, to be located on municipal prop erty, in locations
determined by the municipality and agreed to by ABA, and donated to the
municipality upon completion of the pilot;
• Provide signage for the recycling receptacles also to be donated to each host
municipality prior to commencement of the pilot;
• Promote public use of the recycling receptacles.
The role of StewardEdge will be to:
• Serve as the ABA’s representative in all manners perta ining to the pilot project;
• Provide project management and technical assistance for the pilot project;
• Perform pre- and post- start waste and recyclables audit s;
• Share the audit data with each municipality as well a s the Palm Beach County
SWA;
• Prepare a concise final report on overall project resul ts including pre- and post-
project recycling results.
The role of each host municipality will be to:
• Participate in the identification of sites for each re cycling receptacle and selection
of the receptacles to be provided by the ABA;
• Assist with promotion, using available recycling program and other
communication channels as appropriate;
• Install the recycling receptacles at each site;
• Service the receptacles in a timely fashion for the du ration of the pilot and
provide information to StewardEdge on pounds of mate rials recycled;
• Continue to service the recycling receptacles after the A BA pilot period ends; and
• Authorize the ABA to publicize the pilot and associate d results so that other
jurisdictions can benefit from the key learnings. The Ci ty will have an opportunity
to review promotion and marketing materials (i.e., pr ess releases,
announcements, etc.) prior to distribution.
The role of the Palm Beach County Solid Waste Authori ty will be to:
• Assist with obtaining the support and approval of local jurisdictions to participate
in the program;
• Assist with selecting and siting receptacles in up to eight (8) sites in Palm Beach
County;
• Provide assistance in transporting waste and recyclable ma terial that will be
characterized during the pre- and post- start audit;
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• Provide a location for the audit sorting work to be performed;
• Assist with promoting the pilot recycling program.
2. The Parties understand and agree that the City’s so lid waste vendor will
collect the recyclable materials and that in the event t he vendor is unable and/or
unwilling to make these collections, the City’s involveme nt in this MOU shall then
immediately terminate, unless otherwise agreed to by t he City.
3. The pilot program will begin only after the City amends it current Franchise
Agreement with its waste hauler to ensure that all col lections, monitoring, reporting and
disposal related to this Pilot program will be complet ed by the City’s waste hauler.
4. The pilot program will last for approximately six (6) months from the date
of receptacles installation. The City is entering into this agreement with the good faith
intention of establishing and continuing this public sp ace recycling program. However,
the City may terminate its involvement in this MOU wi th or without cause upon 30 days
notice to StewardEdge USA, Inc. If the City terminat es its involvement in the program
prior to the expiration of the six (6) month period, ABA shall have the right to retain
ownership of the recycling containers.
5. For the duration of the pilot program, the ABA sh all own the containers
and shall be responsible for any and all repairs and re placement of the containers. The
City will provide upkeep (i.e., cleaning) of the conta iners. If the ABA fails to properly
repair and replace the containers, as determined by the City, then the City shall have
the right to remove the containers without replacement . If the ABA fails to collect the
removed container from the City within 10 days after being notified by the City, the City
may dispose of the container at its discretion.
6. At the completion of the pilot program, the City m ay or may not, at its
discretion continue to provide public recycling as provided within this program. The City
will retain the ownership of all recycling bins donated by the ABA through this
Memorandum of Understanding.
7. No party will be liable for, or have any obligat ion to defend any other
parties against claims, suits, judgments or damages, includi ng court costs or attorney’s
fees, arising out of the negligent acts of the other pa rty, it being agreed that each party
is responsible for its own actions or failure to act.
8. The Laws of the State of Florida shall govern and venue shall be in Palm
Beach County.
The Parties agree to comply with the terms of this Memo randum of
Understanding.
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Witness: STEWARDEDGE on behalf of ABA
____________________________ By:___________________________
_______________________
Date:__________________________
ATTEST: CITY OF DELRAY BEACH, FLORIDA
______________________________ By:____________________________
City Clerk David T. Harden, City Manager
Approved as to Form: Date:__________________________
______________________________
City Attorney
MEMORANDUM
TO:Mayor and City Commissioners
FROM:Richard J. Reade, Sustainability Officer/Publi c Information Officer
THROUGH:David T. Harden, City Manager
DATE:May 11, 2012
SUBJECT:AGENDA ITEM 8.M. - REGULAR COMMISSION MEETING OF JUNE 19, 2012
RESOLUTION NO. 24 -12/INTERLOCAL AGREEMENT/THE FLORIDA GREEN FINANCE
AUTHORITY/TOWN OF LANTANA/TOWN OF MANGONIA PARK: P.A.C.E.
ITEM BEFORE COMMISSION
Resolution No. 24-12, authorizing an Interlocal Agreement with the To wn of Lantana and the Florida
Green Finance Authority to administer and implement a micro-loan program that enables property
owners to voluntarily finance energy efficiency imp rovements to be repaid through a non-ad valorem
assessment on their annual property tax bill.
BACKGROUND
In 2010, the Florida Legislature approved F.S. Sect ion 163.08 authorizing the creation of Property
Assessed Clean Energy (PACE) programs and authorizing local governments in Florida to either form
programs individually or in partnership with other local governments, to allow property owners to
voluntarily finance the installation of renewable energy, energy effici ency improvements and wind
resistance improvements on residential, commercial and industrial buildings. By voluntarily
participating in this program, property owners pay an assessment over the functional life of the
improvement as an on-going assessment on property t ax bills (up to 20 years).
PACE is unique because it:
* Creates desperately needed local jobs
* Uses private capital, not taxes or gover nment subsidies
* Saves money for building owners and incr eases property values
* Is voluntary – not a government mandate
* Promotes energy security without driving up energy costs
* Avoids the need to build costly new powe r plants
* Is transferable to subsequent property o wners upon sale
The City of Delray Beach has been provided with the opportunity to participate in the “Florida Green
Energy Works” PACE program, which was developed by the Town of La ntana with stimulus grant
funding that was received by the Greater Lake Worth (now Central Palm Beach) and Greater Boynton
Beach Chambers of Commerce. In an effort to provide an administrative entity and to streamline
program costs (Cities would not be required to crea te their own individual PACE programs), the Florida
Green Finance Authority was developed by the partic ipating cities. The Authority was formed by Inter-
local agreement as a separate legal entity and purs uant to Florida law and will serve as the financing
agency, thus there is no obligation for City financ ing or contributions.
Essentially, this program is a voluntary micro-loan program that enables property owners to financ e
qualified energy conservation improvements within t heir property(ies) that they may otherwise not be
able to afford. After the applicant goes through an approval process and receives financing, they hire
their own contractor and complete the project. Foll owing this process, the Palm Beach County Property
Appraiser will levy a non-ad valorem assessment on this property to repay the financing through the
annual property tax bill. Even though the property owner’s taxes increase from the voluntary non-ad
valorem assessment, the end result is that the prop erty owner will realize reduced monthly utility bil ls
that would assist in repaying/offsetting the loan. In addition, all costs are tied to the property, th us, if
sold, the non-ad-valorem assessment will continue w ith the property until all costs are paid.
If the City were to participate in this program, th ere would be a number of expected benefits, includi ng:
* Promotes Green and Sustainability within City
* Provides long term and safe financing f or property owners to develop energy and water
efficiency improvements that they may otherwise not be able to afford
* Promotes and funds economic development opportunities and activities
* Increase jobs
* Increase in building and construction pe rmits and fees – higher City revenues
* Increase in property valuations and ad-v alorem revenues
* Increase in Tax Increment Financing (TIF ) funding
* Reduce environmental impacts (i.e., Green house Gas Emissions) generated within City
* No City staff requirement
* No cost to the City to participate in th e program
At this time, due to issues related to residential lending requirements, the proposed PACE program
would initially provide funding to commercial prope rties only. However, residential properties will b e
eligible to participate in this program once these federal residential lending issues are resolved.
By entering into this program, the City would not b e required to provide any City staff or funding
provided the City remains a member for at least 2 c onsecutive years. Please note that if the City were to
opt out of the program prior to the completion of 2 years, a fee of not more than $17,500 (pro-rated if
opt-out occurs during the second year) will be appl ied.
To date, the Florida Green Energy Works includes th ree (3) local municipalities – the Town of Lantana,
the Town of Mangonia Park and the City of West Palm Beach. In addition, a number of local
governments within Palm Beach County and around the state are considering a PACE program for their
community.
Joining this PACE program would assist in stimulati ng economic activity and serve to meet a core
recommendation in developing a comprehensive Econom ic Development program within the City. In
fact, this tool would contribute to the Delray Beac h Economic Development Fund
and serve as a sustainabililty incentive(s) for new and existing businesses.
The Florida Green Energy Works PACE program would e nable the City to meet the Green Task Force's
recommendation to "Develop Incentives for Green Red evelopment" (2009 Recommendations Report).
RECOMMENDATION
Recommend that the City Commission approve Resoluti on No. 24-12 authorizing the City to enter into
the Florida Green Energy Works program, which will make PACE financing options available to
commercial property owners located in the City of D elray Beach.
RESOLUTION NO. 24-12
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, EXPRESSING THE CITY’S SUPPOR T
AND INTENTION TO CREATE WITHIN THE CITY, THE
“FLORIDA GREEN ENERGY WORKS PROGRAM” A VOLUNTARY
PROGRAM PROVIDING INTERESTED PROPERTY OWNERS WITH
THE OPPORTUNITY TO FINANCE ENERGY EFFICIENCY
IMPROVEMENTS ON THEIR PROPERTY BY REPAYMENT
THROUGH NON-AD VALOREM ASSESSMENTS ON THEIR
PROPERTY TAX BILL; AUTHORIZING THE MAYOR OF DELRAY
BEACH TO EXECUTE AN INTERLOCAL AGREEMENT WITH THE
FLORIDA GREEN FINANCE AUTHORITY FOR ADMINISTRATION
OF THE FLORIDA GREEN ENERGY WORKS PROGRAM IN THE
CITY OF DELRAY BEACH; PROVIDING AN EFFECTIVE DATE;
AND FOR OTHER PURPOSES.
WHEREAS, home and business energy consumption acco unts for a large portion of the overall
usage of energy in a community; and
WHEREAS, there is a vast quantity of existing stru ctures with many years of remaining life before
replacement, and these structures are not as energy efficient as today’s standards, nor do many existing
buildings have renewable energy systems installed to provide some or all of their electric energy needs an d
many buildings are in need of improvements to protect them agai nst damage from storm events; and
WHEREAS, installing energy efficiency, renewable e nergy and wind resistance improvements on
existing structures can provide significant progress towards increased energy conservation and protection of
properties in the City and statewide; and
WHEREAS, the upfront costs of these improvements a re a hurdle to installing them and existing
financing options may be insufficient for property owners to access cost-effective financing for energ y-
saving or wind-resistance property improvements due t o requirements associated with traditional debt or
equity financing options; and
WHEREAS, the expected life of energy efficiency, re newable energy or wind resistance projects
may require a longer term payback period than offere d by traditional financing, which may necessitate
alternative options to fund installation of the improvement s; and
WHEREAS, local governments within Florida and nationa lly have either formed, or are
contemplating the formation of, programs to provide alternative financing options allowing a property
owner to voluntarily finance energy efficiency and r enewable energy improvements through non-ad valorem
assessments repaid through their property taxes; and
RES. NO. 24-12 2
WHEREAS, the State of Florida has declared it the public polic y of the State to develop energy
management programs aimed at promoting energy conser vation and protecting properties from wind
damage; and
WHEREAS, the financing provided to these participating proper ty owners will be repaid though
non-ad valorem assessments levied on their property t ax bills and only those property owners who want to
participate will be levied the assessments; and
WHEREAS, the benefits of these energy financing programs in clude improved air quality, lowered
fossil fuels use, creating energy independence and se curity, promoting the creation of jobs and economic
development by stimulating “green industries” and sav ing citizens money by reducing energy consumption;
and
WHEREAS, Section 163.08, F.S. authorizes local governments in Florida to either form
individually, or in partnership with other local gove rnments, programs to allow property owners to
voluntarily finance energy efficiency, renewable energ y or wind resistance improvements; and
WHEREAS, the Town of Lantana has formed the Florida Green Ene rgy Works program which is
an energy financing program created pursuant to Section 163.08, F.S.; and
WHEREAS, other local governments in the State are able to p artner in the Florida Green Energy
Works program by executing an Interlocal Agreement creating the Florida Green Finance Authority to
administer the program, thus eliminating the costs a nd reducing the efforts to form an energy financing
program by individual local governments; and
WHEREAS, the Florida Green Finance Authority is already creat ing the financing, levy and
collection process to implement the Florida Green En ergy Works program through the local government
partners; and
WHEREAS, the Florida Green Energy Works program will provide significant benefits including
property owner cost savings, enhancing property val ues, economic development and job opportunities and
the City of Delray Beach believes that it is in the best inter ests of the health, safety and welfare of its citizens
to participate in the program and authorize the City Manager and City Attorney to finalize the Interloca l
Agreement creating the Florida Green Finance Authori ty and begin the steps to create the Florida Green
Energy Works program in the City of Delray Beach.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSI ON OF THE
CITY OF DELRAY BEACH, FLORIDA, THAT:
Section 1. The above declarations are true and accurate, and are incorpor ated herein.
Section 2. The City Commission of Delray Beach, a municipal corporation, hereby authorizes
RES. NO. 24-12 3
participation in the Florida Green Finance Authority to implement the Florida Green Energy Works
program.
Section 3. The City Commission hereby directs the City Manage r and City Attorney to finalize the
Interlocal Agreement with the Florida Green Finance Authority, and further authorizes the Mayor of Delra y
Beach to execute the Interlocal Agreement on behalf of the City.
Section 4. The City Commission hereby directs that the City M anager and City Attorney to begin
creating the levy and collection process for the vol untary non-ad valorem assessments with the Florida
Green Finance Authority and Palm Beach County Property Ap praiser and Tax Collector.
Section 5. This Resolution shall take effect immediately upon adoption .
PASSED AND ADOPTED in regular session on the ___ day of _______________, 2012.
_____________________________________
M A Y O R
ATTEST:
_______________________________
City Clerk
1
INTERLOCAL AGREEMENT
BETWEEN
THE FLORIDA GREEN FINANCE AUTHORITY,
THE TOWN OF LANTANA,
AND THE TOWN OF MANGONIA PARK
This Interlocal Agreement (the “Agreement”) is entered into be tween the Town of
Lantana, Florida, a Florida municipal corporation ("Lantana") a nd the Town of Mangonia Park,
Florida, a Florida municipal corporation, ("Mangonia Park") (toge ther the “Originating Parties”);
and the Florida Green Finance Authority (the “Authority”).
RECITALS
WHEREAS, Section 163.01, F.S., the “Florida Interlocal Cooperation Act of 1969,”
authorizes local government units to enter into interlocal agreements for their mutual benefit; and
WHEREAS, the Lantana and Mangonia Park desire to enter into this Interloc al
Agreement in order to establish the Florida Green Finance Authority as a means of implementing
and financing a qualifying improvements program for energy conserva tion and efficiency
improvements, and to provide additional services consistent with law; and
WHEREAS, Section 163.08, F.S., provides that a local government may finance
“qualifying improvements,” including the type of improvements sought to be provided through
this Agreement, via the levy and collection of voluntary non-ad valor em assessments on
improved property; and
WHEREAS, Sections 170.01, and 170.201, F.S. provide for supplemental and
alternative methods of making local municipal improvements, includi ng the type of “qualifying
improvements” sought to be provided by this Agreement; and
WHEREAS, pursuant to Sections 163.08, 170.01, and 170.201, F.S. and this Agreement,
Lantana has created a “qualifying improvements” program entit led “Florida Green Energy
Works”; and
WHEREAS, Section 163.01(7), F.S., allows for the creation of a “separate legal or
administrative entity” to carry out the purposes of an interlocal agreement for the mutual benefit
of the governmental units, and provide for parties to the agreement t o administer the agreement;
and
WHEREAS , pursuant to Section 163.01(4), F.S. a public agency of this state ma y
exercise jointly with any other public agency of the state, any power, privilege or authority
which such agencies share in common and which each might exercise se parately, and the Parties
to this Agreement have legislative authority over property withi n their jurisdictional boundaries;
and
2
WHEREAS, Section 166.021, F.S., authorizes Lantana and any other municipalities t o
exercise any power for municipal purposes, except when expr essly prohibited by law, and
Section 125.01 F.S. grants counties the power to carry on county governme nt to the extent not
inconsistent with general or special law; and
WHEREAS , Section 163.08, F.S., provides that property retrofitted with energ y-related
“qualifying improvements” receives a special benefit from reduced energy consumption, benefits
from the reduced potential for wind damage and assists in the fulfil lment of the state’s energy
and hurricane mitigation policies; and
WHEREAS, the Lantana and Mangonia Park have determined that it is necess ary and
appropriate to establish various obligations for future cooperat ion between Lantana, Mangonia
Park, the Authority and all other local governments that execute this Interlocal Agreement (each
a “Party”) thereby becoming members of the Authority relat ed to the financing of qualifying
improvements within the Authority; and
WHEREAS, Lantana shall administer this Interlocal Agreement; and
WHEREAS, Lantana and Mangonia Park have determined that it shall serve the public
interest to enter into this Agreement to make the most efficie nt use of their powers by enabling
them to cooperate on a basis of mutual advantage to provide for the financing of qualifying
improvements within the Authority.
NOW, THEREFORE, in consideration of the terms and conditions, promises and
covenants hereinafter set forth, the Originating Parties agree as follow s:
Section 1. Recitals Incorporated . The above recitals are true and correct and are
hereby incorporated herein.
Section 2. Purpose . The purpose of this Agreement is to provide the most economic
and efficient means of implementing a financing program for qual ifying improvements on
property owners’ lands within the Authority’s Service Area and to provide additional services
consistent with state law.
Section 3. Creation of the Authority . By execution of this Interlocal Agreement there
is hereby created, pursuant to Section 163.01, F.S. and Section 163.08, F.S., the Florida Green
Finance Authority (“the Authority”), a separate legal entity a nd public body with all of the
powers and privileges as defined herein.
Section 4. Legal Authority/Consent to Serve the Authority. The Authority shall have
all the powers, privileges and authority as set forth below and as provided by Chapter 163, F.S.,
as necessary to accomplish the purposes set forth in this Agre ement. By resolution of the
governing bodies of the Originating Parties, all powers avail able to the Authority under this
Agreement and general law, including but not limited to, Chapters 163, 170, 189 and 197, F.S.
may be implemented by the Authority within the jurisdictional bounda ries of the Originating
Parties. The Originating Parties do hereby consent and agree to l evy and collect voluntary non-
3
ad valorem assessments on properties, either individually or coll ectively as permitted by law,
within their respective jurisdictions in accordance with the purp oses of this Agreement and
applicable law, to be repaid to the Authority. The Originatin g Parties also delegate the power to
levy and collect voluntary non-ad valorem assessments on properti es within their jurisdictions as
may be permitted by law. The Authority shall not act, provide i ts services or conduct its
activities within any Party’s jurisdiction without the execution of this Agr eement.
Section 5. Definitions.
a. “Authority Board” shall be the governing body of the Authority, comprised of
representatives from all Parties as defined herein.
b. “Florida Green Energy Works Program” is the qualifying improvements
program authorized by Section 163.08, F.S., developed by the third party
administrator for Lantana and other Parties who elect to participate.
c. “Interlocal Agreement” or “Agreement” is defined as this Agreement including
any amendments and supplements executed in accordance with the terms here in.
d. “Originating Parties” include the Florida local governments (as defined by
Section 163.08, F.S.) that are the original signatories to this Agree ment. These
are the Towns of Lantana and Mangonia Park.
e. “Participating Property Owner” is defined as a property owner whose property
is located within the Service Area of the Authority and has voluntari ly acquired
financing from the Authority.
f. “Parties” are any Florida local government (as defined by Section 163.08, F. S .)
having the power to enter into interlocal agreements and which may, subject to
the provisions of this Agreement, join in the efforts and activities provided for by
this Agreement pursuant to Section 163.01, F.S. Any local government joini ng
these efforts after the initial execution of this Agreement shall be known as a
“Party”. To be a Party, a local government shall execute the Signatory Page
attached as Exhibit B to this Agreement, which Signatory Page shall supplement
and amend this Agreement.
g. “Qualifying Improvements” are as defined in Section 163.08, F.S. in addition
to any other improvements or services not inconsistent with state law.
h. “Service Area” shall mean the geographic area comprising all of the areas within
the Florida Green Finance Authority as that area may be expa nded or contracted
in accordance with the provisions of this Agreement and the laws of the State of
Florida.
Section 6. Representation on the Authority Board . The Originating Parties, and all
subsequent Parties upon joining the Authority through execution of thi s Agreement, shall be
represented by a member of the Authority Board as provided in Section 10 of this Ag reement.
Section 7. Authority Boundaries and Service Area . The boundaries of the Authority
shall be the legal boundaries of the local governments that are Parties to this Agreement. This is
also the Authority’s Service Area.
Section 8. Role of the Authority . As contemplated in this Agreement, the Authority
will uniformly facilitate and assist the Originating Parti es and all subsequent Parties with any
4
necessary actions to levy and collect voluntary non-ad valorem asse ssments, or other legally
authorized form of collection, on the benefitted properties within t he Authority’s Service Area to
secure the repayment of costs of qualifying improvements for t hose individual properties
participating in the Florida Green Energy Works Program. Upon approval by the Authority of an
application by a landowner desiring to benefit their property, those p roperties receiving financing
for Qualifying Improvements shall be assessed from time to time, in accordance with the
applicable law and/or financing documents. Notwithstanding a local government’s termination
of participation within this Agreement, those properties that have received financing for
Qualifying Improvements shall continue to be a part of the Authori ty, until such time that all
outstanding debt has been satisfied and the special assessments shall continue to be levied until
paid in full for the applicable benefitted property.
Section 9. Powers of the Authority . The Authority shall exercise any or all of the
powers granted under Sections 163.01, and 163.08, F.S., as well as powers, privil eges or
authorities which each local government might exercise separate ly, as may be amended from
time to time, which include, without limitation, the following:
a. To finance qualifying improvements within the Authority Service Ar ea and to
facilitate additional improvements or services consistent with law; including, but
not limited to, acquiring, constructing, managing, maintaining or op erating
buildings, works or improvements;
b. To make and enter into contracts in its own name;
c. To enter into any interlocal agreement as necessary to exerc ise powers conferred
by law;
d. To appoint committees to assist with implementation of this Agreement;
e. To employ agencies, employees, or consultants;
f. To acquire, hold, lease or dispose of real or personal property;
g. To borrow money, incur debts, liabilities, or obligations which sha ll not constitute
the debts, liabilities, or obligations of the Originating Part ies or any of the Parties
to this Agreement;
h. To levy and collect assessments, or assist in the levy and coll ection of
assessments, either as the Authority or on behalf of an Origin ating Party or
subsequent Party as permitted by law;
i. To adopt resolutions and policies prescribing the powers, duties , and functions of
the officers of the Authority, the conduct of the business of the A uthority, and the
maintenance of records and documents of the Authority;
j. To maintain an office at such place or places as it may de signate within the
Service Area of the Authority or within the boundaries of an Orig inating Party or
a subsequent Party;
k. To cooperate with or contract with other governmental agencies as may be
necessary, convenient, incidental, or proper in connection with any of the powers,
duties, or purposes authorized by Section 163.08, F.S., and to accept funding f rom
local and state agencies;
l. To exercise all powers necessary, convenient, incidental, or prope r in connection
with any of the powers, duties, or purposes authorized in Section 163.08, F. S.;
m. To create and adopt any and all necessary operating procedure s, policies, manuals
or bylaws;
5
n. To maintain insurance as the Authority deems appropriate;
o. To apply for, request, receive and accept gifts, grants, or assis tance funds from
any lawful source to support any activity authorized under this Agreement; and
p. To exercise any powers or duties necessary to address carbon or renewa ble energy
credits, or any other similar commodity that may come into exis tence, for the
public benefits of the program.
Section 10. Authority Board . The Authority shall be governed by a seven (7) member
Board of Directors which shall include one Director appointed by th e governing body of each
Originating Party plus five (5) additional Directors. To assur e geographical representation
across the State, the Authority seeks to appoint one (1) Director from the boundaries of each of
the five (5) water management districts as defined in Chapter 373, F.S. Only Parties, through
their governing bodies, may appoint representatives to serve as an Authority Board Director.
Originating Party representatives serve an initial four (4) year term commencing upon execution
of this Agreement, and subsequent terms as further set forth in subparagraphs a. and b. of this
section. The remaining five (5) Directors will each be appoint ed by the governing body of the
first Party from each requisite water management district boundary area that joins the Authority
through execution of this Agreement and that desires to serve as a Director. Upon execution of
this Agreement by such a Party, the term of its appointed Dir ector shall commence for an initial
term of three (3) years, and subsequent terms as further set forth in subparagraphs a. and b. of
this section. Thereafter, any Party may submit one nominee to serve as an Authority Board
Director for any given term.
a. Prior to the appointment of the full Authority Board as set forth above, and for
purposes of the first organizational meeting(s), the Authority Bo ard shall be
comprised of representatives appointed by the governing bodies of the two (2)
Originating Parties. Actions taken in this interim period shal l be by unanimous
consent and shall be binding on the Authority pursuant to the adoption of
resolutions which do not require an in-person meeting, but which must be ratified
by a majority vote of the Authority Board Directors in the next regularly
scheduled meeting. All actions enumerated in paragraph c. of this section, as well
as any other actions necessary to initiate the operation of t he Authority may be
taken during this interim period.
b. The Town Manager of Lantana, or designee, shall serve as the Chair of the
Authority Board for the initial four (4) year term. The Mangonia Park
representative shall serve as Vice Chair of the Authority Boa rd for the initial four
(4) year term. Upon the conclusion of the initial terms as s et forth above, the
Authority Board shall annually select directors and appoint its Chair, Vice Chair
and Secretary, each of which shall then serve one (1) year terms . The
appointment of Authority Board Directors and officers shall take place at the first
regular Authority meeting of the year. The Chair shall preside at meetings of the
Authority, and shall be recognized as head of the Authority for servi ce of process,
execution of contracts and other documents as approved by the Authority . The
Vice Chair shall act as Chair during the absence or disabilit y of the Chair. The
Secretary shall keep all meeting minutes and a record of al l proceedings and acts
of the Board. Minutes shall be distributed to all Directors and Parties in a
reasonable time period after the subject meeting.
6
c. The Authority Board shall act as the governing body of the Authority and shall
have, in addition to all other powers and duties described herein, the f ollowing
powers and duties:
1. To fix the time, and determine policies and orders of business f or
meetings, the place or places at which its meeting shall be held, and as set
forth herein, to call and hold special meetings as may be necessary.
2. To make and pass policies, regulations, resolutions and orders not
inconsistent with the Constitution of the United States or of the S tate of
Florida, or the provisions of this Agreement, as may be necessar y for the
governance and management of the affairs of the Authority, for the
execution of the powers, obligations and responsibilities vested in the
Authority, and for carrying into effect the provisions of this Agreement.
3. To adopt bylaws and rules of procedure, or amend those that may be
initially adopted by the Originating Parties.
4. To fix the location of the principal place of business of the Authority and
the location of all offices maintained thereunder.
5. To create any and all necessary offices in addition to Chair, V ice-Chair
and Secretary; to establish the powers, duties and compensation of all
employees or contractors; and to require and fix the amount of all non-ad
valorem assessments and/or fees necessary to operate the Fl orida Green
Energy Works Program.
6. To select and employ such employees and executive officers as the
Authority Board deems necessary or desirable, and to set their
compensation and duties.
7. To employ or hire such attorneys as it deems appropriate to provide legal
advice and/or legal services to the Authority, and to employ and hir e such
other consultants as it deems appropriate through any procedure not
inconsistent with law.
8. As applicable and available, nothing herein shall limit the Author ity’s
ability to pursue actions or remedies pursuant to Chapter 120, F.S.
d. Any Director may resign from service upon providing written notice pursuant to
Section 27 of this Agreement, to the Authority Board Secretary. Suc h notice shall
state the date said resignation shall take effect. Any Di rector who resigns shall be
replaced in the same manner that the resigning Director was selected. Any
resigning Director shall immediately turn over and deliver to the Authority Board
Secretary all records, books, documents or other property in their possession or
under their control which belongs to the Authority. Directors are enc ouraged to
provide a minimum of 30 days notice so that a successor can be prop erly
appointed; however, any Director who must resign immediately upon ex tenuating
circumstances shall be succeeded by an interim Director by m ajority vote of the
Authority Board until such time as a permanent successor can be seated.
e. Any Authority Board Director who is absent for three (3) consecut ive Authority
Board meetings, unless otherwise excused by the Chair, shall be de emed to have
resigned from the Authority Board.
f. Authority Board Directors shall serve without compensation for the first ye ar after
the establishment of the Authority pursuant to this Agreement. T hereafter,
7
Authority Board Director compensation may be set by a unanimous vot e of the
Directors of the Authority Board in a manner and at such amounts as is consistent
with applicable law. Travel expenses for Authority Board Di rectors shall be
reimbursed as permitted by Florida law.
Section 11. Meetings of the Authority Board.
a. Within thirty (30) calendar days of the creation of the Authori ty, or sooner if
feasible, the Originating Parties shall hold an organizational me eting to elect
officers and perform other duties as required under this Agreement.
b. Prior to the beginning of each fiscal year (October 1), on a da te, place and time as
determined by the Authority Board, there shall be an Annual Meeti ng of the
Authority. The annual statements shall be presented, and any other such matter as
the Authority Board deems appropriate may be considered.
c. The Authority Board shall have regular, noticed, quarterly meetings at such times
and places as the Authority Board may designate or prescribe. I n addition, special
meetings may be called, from time to time, by the Authority Board Chair, or by a
majority vote of the Authority Board. A minimum of 24 hours notice to the
public and all Authority Board Directors shall be given for any spec ial meetings.
d. In the absence of specific rules of procedure adopted by th e Authority Board for
the conduct of its meetings, the fundamental principles of parli amentary
procedure shall be relied upon for the orderly conduct of all Authori ty Board
meetings.
Section 12. Decisions of the Authority Board. A quorum of the Authority Board shall
be required to be present at any meeting in order for officia l action to be taken by the Board. A
majority of all Authority Board Directors shall constitute a quor um. It is the desire and intent of
this Agreement that decisions made by the Authority Board shall be by consensus of the Board.
However, if a consensus is not achievable in any particular inst ance, then a majority vote of the
quorum of the Authority Board shall be required to adopt any measure or approve any action,
unless otherwise provided herein.
Section 13. Authority Staff and Attorney .
a. The Authority’s administrative functions shall be carried out by Lantana and its
consultants, and shall include all duties necessary for the conduct of the
Authority’s business and the exercise of the powers of the Authori ty as provided
in Section 163.01 and Section 163.08, F.S.
b. The law firm that serves as the General Counsel for Lantana shall also serve as
the General Counsel to the Authority. After the Authority has be en operating for
four (4) years, the Authority may opt to hire different Authority staff and/or
general counsel.
Section 14. Authorized Official . The Authority Board Chair shall serve as the local
official or designee who is authorized to enter into a financing agreement, pursuant to Section
163.08(8), F.S., with property owner(s) who obtain financing through the Authority.
8
Section 15. Subsequent Parties . Recognizing the benefit that the formation of the
Authority will provide to all Florida local governments, the Origina ting Parties to this
Agreement support and encourage the participation of subsequent Parties as contemplated herein.
Section 16. Funding the Initial Program . Funding for the Authority shall initially be
from grant funds or other funds acquired by the Originating Partie s and/or subsequent Parties.
For the initial establishment of the Authority, contributions can be made to the Authority as
permitted by law.
Section 17. Debts of the Authority are Not Obligations of any Parties . Pursuant to
Section 163.01(7), F.S. the Authority may exercise all powers in connect ion with the
authorization, issuance, and sale of bonds or other legally authorized me chanisms of finance.
However, any debts, liabilities, or obligations of the Authority do not constitute debts, liabilities
or obligations of the Originating Parties or any subsequent Party to this Ag reement.
Section 18. Annual Budget .
a. Prior to the beginning of the Authority’s fiscal year, the Authori ty Board will
adopt an annual budget. Such budget shall be prepared in the manner and within
the time period required for the adoption of a tentative and final budget for state
governmental agencies pursuant to general law. The Authority’s a nnual budget
shall contain an estimate of receipts by source and an itemiz ed estimation of
expenditures anticipated to be incurred to meet the financial ne eds and obligations
of the Authority.
b. The adopted Budget shall be the operating and fiscal guide f or the Authority for
the ensuing Fiscal Year.
c. The Board may from time to time amend the Budget at any duly called regular or
special meeting.
Section 19. Reports .
a. Financial reports: The Authority shall provide financial reports in such form
and in such manner as prescribed pursuant to this Agreement and Ch apter 218,
F.S. Both quarterly and annual financial reports of the Authority shal l be
completed in accordance with generally accepted Government Auditing Standards
by an independent certified public accountant. At a minimum, the quarterly and
annual reports shall include a balance sheet, a statement of revenues, expenditures
and changes in fund equity and combining statements prepared in accor dance
with generally accepted accounting principles.
b. Operational reports: The Authority Board shall cause to be made at least once
every year a comprehensive report of its operations including al l matters relating
to fees, costs, projects financed and status of all funds and accounts.
c. Audits: The Authority shall be subject to, and shall cause to be conducte d: (i) an
independent budget audit and (ii) an independent financial and/or perfo rmance
audit performed in accordance with generally accepted accounting practices and
as applicable by state law.
d. Reports to be public records: All reports, as well as supporting documentation
such as, but not limited to, construction, financial, correspondence, instruc tions,
memoranda, bid estimate sheets, proposal documentation, back char ge
9
documentation, canceled checks, and other related records produced and
maintained by the Authority, its employees and consultants shall be deemed
public records pursuant to Chapter 119, F.S., and shall be made availa ble for
audit, review or copying by any person upon reasonable notice.
Section 20. Bonds . The Authority Board is authorized to provide, from time to time,
for the issuance of bonds, or other legally authorized form of financ e, to pay all or part of the
cost of qualifying improvements in accordance with law.
Section 21. Schedule of Rates and Fees .
a. Upon the creation of the Authority as set forth in this Agreement , the Authority
Board shall establish a schedule of rates, fees or other charges for the purpose of
making the Authority a self-sustaining district. There shall not be any obligation
on the part of the Originating Parties or any subsequent Parti es for financing
contributions. The Authority shall not be authorized to create or dist ribute a
profit. This shall not, however, prevent the Authority from establi shing reserves
for unanticipated expenses or for future projects in keeping w ith sound, prudent
and reasonable operation of the Program within industry standards or from
fulfilling any other requirements imposed by bond financings, other financial
obligations or law. Nor shall this prevent the Authority from inc urring costs such
as professional fees and other costs necessary to accomplish i ts purpose. The
Authority Board shall fix the initial schedule of rates, fees or other charges for the
use of and the services to operate the Florida Green Energy Works Program to be
paid by each participating property owner consistent with Secti on 163.08(4), F.S.
b. The Authority Board may revise the schedule of rates, fees or ot her charges from
time to time; provided however, that such rates, fees or charge s shall be so fixed
and revised so as to provide sums, which with other funds available for such
purposes, shall be sufficient at all times to pay the expens es of operating and
maintaining the Florida Green Energy Works Program. This shall include any
required reserves for such purposes, the principal of and interest on bonds, or
other financing method, as the same shall become due, and to provide a margin of
safety over and above the total amount of any such payments, and t o comply fully
with any covenants contained in the proceedings authorizing the issua nce of any
bonds or other obligations of the Authority.
c. The rates, fees or other charges set pursuant to this section s hall be just and
equitable and uniform for users and, where appropriate, may be ba sed upon the
size and scope of the financial obligation undertaken by a Part icipating Property
Owner. All such rates, fees or charges shall be applied i n a non-discretionary
manner with respect to the Participating Property Owner’s geographical location
within the Authority’s Service Area. No rates, fees or charges shall be fixed or
subsequently amended under the foregoing provisions until after a p ublic hearing
at which all the potential participants in the Program, and other interested persons,
shall have an opportunity to be heard concerning the proposed rates, f ees or other
charges. Notice of such public hearing setting forth the prop osed schedule or
schedules of rates, fees or other charges shall be provided in acc ordance with
Chapter 163 and Chapter 197, F.S.
10
d. The Authority shall charge and collect such rates, fees or other charges so fixed or
revised, and such rates, fees and other charges shall not be subje ct to the
supervision or regulation by any other commission, board, bureau, age ncy or
other political subdivision or agency of the county or state.
e. In the event that any assessed fees, rates or other charges f or the services and
financing provided by the Authority to Participating Property Owners shall not be
paid as and when due, any unpaid balance thereof, and all intere st accruing
thereon, shall be a lien on any parcel or property affecte d or improved thereby.
Pursuant to Section 163.08(8), F.S., such lien shall constitute a lien of equal
dignity to county taxes and assessments from the date of recordat ion. In the event
that any such fee, rate or charge shall not be paid as and when due and shall be in
default for thirty (30) days or more, the unpaid balance thereof, and all interest
accrued thereon, together with attorney’s fees and costs, may be recovered by the
Authority in a civil action, and any such lien and accrued interest may be
foreclosed and otherwise enforced by the Authority by action or s uit in equity as
for the foreclosure of a mortgage on real property.
Section 22. Disbursements . Disbursements made on behalf of the Authority shall be
made by checks drawn on the accounts of the Authority.
Section 23. Procurement; Program Implementation and Administration . The
Authority shall be administered and operated by a Third Party Administrator (“TPA”) who shall
be responsible for providing services to the Authority for the design, implementation and
administration of the Florida Green Energy Works Program. The Originating Parties and all
subsequent Parties understand and agree that the procurement for the initial TPA was performed
by Lantana in accordance with its adopted procurement procedure s. Pursuant to said
procurement procedures, “EcoCity Partners, L3C” has been hired a s the TPA. The “Florida
Green Energy Works Program Administration Services Agreement” b etween Lantana and
EcoCity Partners, L3C is attached hereto as Exhibit 1 and is he reby incorporated by reference.
By execution of this Agreement, all parties hereto agree that the initial Florida Green Energy
Works Program Administration Services Agreement, as amended, will be assigned by Lantana to
the Authority and shall be executed and assumed by the Authority.
Section 24. Term . This Interlocal Agreement shall remain in full force and effe ct
from the date of its execution by the Originating Parties until such time as there is unanimous
agreement of the Authority Board to dissolve the Authority. Notwithst anding the foregoing,
dissolution of the Authority cannot occur unless and until any and all outs tanding obligations are
repaid; provided, however, that any Party may terminate its invol vement and its participation in
this Interlocal Agreement upon thirty (30) days' written noti ce to the other Parties. Should a
Party terminate its participation in this Interlocal Agre ement, be dissolved, abolished, or
otherwise cease to exist, this Interlocal Agreement shall c ontinue until such time as all remaining
Parties agree to dissolve the Authority and all special asse ssments levied upon Participating
Property Owners properties have been paid in full.
11
Section 25. Consent . The execution of this Interlocal Agreement, as authorized by the
government body of the Originating Parties and any subsequent Pa rty shall be considered the
Parties' consent to the creation of the Authority as required by Sections 163.01 and 163.08, F .S.
Section 26. Limits of Liability .
a. All of the privileges and immunities from liability and exem ptions from law,
ordinances and rules which apply to municipalities and counties of thi s state
pursuant to Florida law shall equally apply to the Authority. Likew ise, all of the
privileges and immunities from liability; exemptions from l aws, ordinances and
rules which apply to the activity of officers, agents, or employe es of counties and
municipalities of this state pursuant to Florida law shall equal ly apply to the
officers, agents or employees of the Authority.
b. The Originating Parties and all subsequent Parties to this Agreement shall each be
individually and separately liable and responsible for the actions of their own
officers, agents and employees in the performance of their re spective obligations
under this Agreement pursuant to Chapters 768 and 163, F.S. and any other
applicable law. The Parties may not be held jointly or se verally liable for the
actions of officer or employees of the Authority or by any other action by the
Authority or another member of the Authority and the Authority shall be solely
liable for the actions of its officers, employees or agents to the extent of the
waiver of sovereign immunity or limitation on liability provided by Chapter 768,
F.S. Except as may be otherwise specified herein, the Part ies shall each
individually defend any action or proceeding brought against their r espective
agency under this Agreement, and they shall be individually responsib le for all of
their respective costs, attorneys’ fees, expenses and liabili ties incurred as a result
of any such claims, demands, suits, actions, damages and causes of action,
including the investigation or the defense thereof, and from and against an y
orders, judgments or decrees which may be entered as a result t hereof. The
Parties shall each individually maintain throughout the term of this Agreement
any and all applicable insurance coverage required by Florida law for
governmental entities. Such liability is subject to the provisions of law, including
the limits included in Section 768.28, F.S., which sets forth the partial waiver of
sovereign immunity to which governmental entities are subject. It is expressly
understood that this provision shall not be construed as a waiver of a ny right or
defense that the parties have under Section 768.28, F.S. or any other statute.
Section 27. Notices . Any notices to be given pursuant to this Interlocal Agreement
shall be in writing and shall be deemed to have been given if se nt by hand delivery, recognized
overnight courier (such as Federal Express), or certified U.S. m ail, return receipt requested,
addressed to the Party for whom it is intended, at the place spe cified. The Originating Parties
designate the following as the respective places for notice purposes :
Lantana: Town Manager
Town of Lantana
500 Greynolds Circle
Lantana, Florida 33462
12
With a Copy to: Corbett and White, P.A.
1111 Hypoluxo Road, Suite 207
Lantana, FL 33462
Attn: Keith W. Davis, Esq.
Mangonia Park: Town Manager
Town of Mangonia Park
1755 East Tiffany Drive
Mangonia Park, Florida 33407
With a Copy to: Corbett and White, P.A.
1111 Hypoluxo Road, Suite 207
Lantana, FL 33462
Attn: Keith W. Davis, Esq.
Section 28. Filing . It is agreed that this Interlocal Agreement shall be fi led with the
Clerk of the Circuit Court of Palm Beach County, as required by Section 163.01(11), F.S.
Section 29. Joint Effort . The preparation of this Interlocal Agreement has been a joi nt
effort of the Parties hereto and the resulting document shall not, as a matter of judicial
construction, be construed more severely against any one party as compare d to another.
Section 30. Execution in Counterparts . This Interlocal Agreement may be executed in
counterparts which shall be in original form all of which, collect ively, shall comprise the entire
Interlocal Agreement.
Section 31. Merger, Amendment . This Agreement incorporates and includes all prior
negotiations, correspondence, agreements or understandings applicable to the matters contained
herein; and the Parties agree that there are no commitments, a greements or understandings
concerning the subject matter of this Agreement that are not conta ined in this document.
Accordingly, the Parties agree that no deviation from the terms he reof shall be predicated upon
any prior representations or agreements whether oral or wri tten. It is further agreed that no
change, amendment, alteration or modification in the terms and conditions contained in this
Interlocal Agreement shall be effective unless contained in a written document executed with the
same formality and of equal dignity herewith by all Parties to this Inte rlocal Agreement.
Section 32. Assignment . The respective obligations of the Parties set forth in this
Interlocal Agreement shall not be assigned, in whole or in part, without t he written consent of the
other Parties hereto.
Section 33. Records . The Parties shall each maintain their own respective recor ds and
documents associated with this Interlocal Agreement in accordance with the requirements for
records retention set forth in Florida law.
13
Section 34. Compliance with Laws . In the performance of this Agreement, the Parties
hereto shall comply in all material respects with all appl icable federal and state laws and
regulations and all applicable county and municipal ordinances and regulations.
Section 35. Governing Law and Venue . This Interlocal Agreement shall be governed,
construed and controlled according to the laws of the State of Florida. Venue for any claim,
objection or dispute arising out of the terms of this Interlocal A greement shall be proper
exclusively in Palm Beach County, Florida.
Section 36. Severability . In the event a portion of this Interlocal Agreement is found
by a court of competent jurisdiction to be invalid, the remaining p rovisions shall continue to be
effective to the extent possible.
Section 37. Effective Date and Joinder by Authority . This Interlocal Agreement shall
become effective upon its execution by the Originating Parti es. It is agreed that, upon the
formation of the Authority, the Authority shall thereafter join thi s Interlocal Agreement and that
the Authority shall thereafter be deemed a Party to this Interlocal Ag reement.
Section 38. No Third Party Rights . No provision in this Agreement shall provide to
any person that is not a party to this Agreement any remedy , claim, or cause of action, or create
any third-party beneficiary rights against any Party to this Agr eement.
Section 39. Access and Audits . Palm Beach County has established the Office of
Inspector General in Article VIII of the Charter of Palm B each County, as may be amended,
which is authorized and empowered to review past, present and propos ed county or municipal
contracts, transactions, accounts and records. The Inspector General has the power to subpoena
witnesses, administer oaths and require the production of records, and audit, invest igate, monitor,
and inspect the activities of Palm Beach County, its officers, ag ents, employees, and lobbyists, as
well as the activities of all municipalities in the county, and their off icers, agents, employees, and
lobbyists, in order to ensure compliance with contract requireme nts and detect corruption and
fraud. Failure to cooperate with the Inspector General or inte rference or impeding any
investigation shall be in violation of Chapter 2, Article XIII of the Palm Beach County Code of
Ordinances.
[Remainder of page intentionally left blank.]
14
IN WITNESS WHEREOF, the Originating Parties hereto have made and executed this
Interlocal Agreement on this ____day of ____________________, 2012.
ATTEST: Town of Lantana, a municipal
corporation of the State of F lorida
BY:____________________________ BY: ____________________________
Town Clerk Town Manager
(Affix Town Seal)
Approved by Town Attorney
as to form and legal sufficiency _________________________
Town Attorney
ATTEST: Town of Mangonia Park, a municipal
corporation of the State of F lorida
BY:____________________________ BY: ____________________________
Town Clerk Town Manager
(Affix Town Seal)
Approved by Town Attorney
as to form and legal sufficiency _________________________
Town Attorney
15
ATTEST: The Florida Green Finance Authority, a separate
legal entity established pursuant to Section
163.01(7), Florida Statutes
BY:____________________________ BY: ____________________________
Secretary of the Authority Chair of the Authority
Approved by Authority Attorney
as to form and legal sufficiency _________________________
Authority Attorne y
16
Exhibit A
[Third Party Administrator Agreement]
17
Exhibit B
Party Membership Agreement
To The Florida Green Finance Authority
The Interlocal Agreement between the Florida Green Finance Authority, the Town of Lantana
and the Town of Mangonia Park (the “Interlocal Agreement”) entere d into on __________, 2012
for the purpose of facilitating the financing of qualifying i mprovements for energy conservation
and efficiency via the levy and collection of voluntary non-ad valorem assessments on improved
property is hereby supplemented and amended on the date last signed below by this Signatory
Party Membership Agreement, which is fully incorporated into the Interlocal Agreement as
follows:
The Florida Green Finance Authority, together with its member Parties, and the City of Delray
Beach , with the intent to be bound thereto, hereby agree that the City of Delray Beach shall
become a Party to the Interlocal Agreement together with all of the rights and obligations of
Parties to the Interlocal Agreement.
The City of Delray Beach hereby agrees to appoint a representative to serve as a mem ber of the
Authority. All Parties acknowledge that the remaining five (5) Dir ectors will each be appointed
by the governing body of the first Party from each requisit e water management district boundary
area that joins the Authority through execution of this Agreement and that desires to serve as a
Director serving an initial term of three (3) years.
The City of Delray Beach designates the following as the respective place for any noti ces to be
given pursuant to the Interlocal Agreement Section 27:
Delray Beach: David T. Harden
City of Delray Beach
100 NW 1 st Avenue
Delray Beach, FL 33444
With a Copy to: Corbett and White, P.A. Authority Attorney
1111 Hypoluxo Road, Suite 207
Lantana, FL 33462
Attn: Keith W. Davis, Esq.
18
IN WITNESS WHEREOF, the Parties hereto subscribe their names to this Interlocal
Agreement by their duly authorized officers on this ____day of ____________________, 2012.
ATTEST: The Florida Green Finance Authority, a separate
legal entity established pursuant to Section
163.01(7), Florida Statutes
BY:____________________________ BY: ____________________________
Secretary of the Authority Chair of the Authority
Approved by Authority Attorney
as to form and legal sufficiency _________________________
Authority Attorne y
ATTEST: City of Delray Beach, a municipal
corporation of the State of F lorida
BY:____________________________ BY: ____________________________
City Clerk Nelson S. McDuffie, Mayor
(Affix Town Seal)
Approved by City Attorney
as to form and legal sufficiency __________________________
City Attorney
224 Datura Street, Suite 211, West Palm Beach, Florida 33401
Attn: Richard J. Reade
Sustainability Officer/Public Information Officer
City of Delray Beach, Florida
June 13 , 2012
Dear M r. Reade :
Thank you for Delray Beach’s interest in participating in the Florida Green Energy Works
Program (the “Program”).
The Program , which is entirely voluntary, facilitates funding for energy and wind -resistance
property improvements at little to no upfront cost and at competitive interest rates. The energy
savings pays f or the costs of the financing with repayment collec ted automatically through the
property tax bill.
A hallmark of our Program is that it is “open market.” This means that we allow funding by any
lender and installation work by any licensed contractor that the property owner chooses. We view
local lend ers and community banks as partners in the financings. We require their consent to the
project. As a result, project financing will typically be provided by existing mortgage holders as a
means of enhancing value of their collateral.
PACE is a proven job creator. For e very $4 M in total spending , PACE can generate $10 M in
economic output, $1 M in tax revenue (federal, state and local) and 60 jobs. The Program design
was fully funded with grant dollars secured by the Greater Lake Worth (now Central Palm Beach)
and Greater Boynton Beach Chamber s of Commerce.
To streamline costs, participating cities formed the Florida Green Finance Authority
(“Authority”), a separate legal entity that offers the Program on behalf of participating cities. The
Authority was formed by interlocal agreement pursuant to Florida law .
As a result, t he Program does not require any City funding, staff or other resources. All that is
required by the City of Delray to access the Program is executi on of the Program I nterlocal
A greement, which immediately makes PACE financing options available to commerci al property
owners located in the City of Delray Beach .
We appreciate your interest in the Program. I f you have any questions , please do no t hesitate to
contact me at Michael@ecocitypartners.com .
Very Tru ly Yours,
Michael Wallander , Program Manager
1
EXHIBIT B
List of Qualifying Improvements
The following list represents improvements that may be Qualifying Improvements under the Florida
Green Energy Works Program . Additional and/or alternative measures may be approved on a case -by -
case basis and/or as the list is modified from time to time as may be approved by the Authority or a
participating District .
Eligible measures are listed below. Ineligible measures include c omp act fluorescent, screw -in lamps;
plug load devices; m easures that are not permanently inst alled and can be easily removed; m easures that
save energy solely due to operational or behavioral changes ; p ower correction, power conditioning; a ny
meas ure that does not result in energy savings or renewable energy production; a ny measure that can not
be explained in terms of industry -standard engineering or scientific principles ; v ending machine
controllers ; and, r efriger a nt charge (AC/Split Systems/Heat Pumps).
Renewable
Energy
Improvements
System
Subsystem
Measure
Renewable
-‐
Thermal
Energy
DHW
Service
water
Solar
thermal
water
heat
HVAC
Heating
Solar
thermal
space
heat
(hydronic)
Process
Pool
Solar
pool
heat
Renewable
-‐
Electrical
Energy
Photovoltaic
PV
Grid -‐tied
PV
System
Wind
Wind
Grid -‐tied
wind
turbine
Microturbine
(Renewable
fuel)
microturbine
using
renewable
fuel
Grid -‐tied
microturbine
Internal
Combustion
Engine
(Renewable
fuel)
internal
combustion
engine
using
renewable
fuel
Grid -‐tied
internal
combustion
engine
Fuel
Cell
(Renewable
fuel)
Electric -‐only
fuel
cell
using
renewable
fuel
Grid -‐tied
fuel
cell
Non -‐Renewable
-‐
Electrical
Energy
Fuel
Cell
(Non -‐Renewable
fuel)
Electric -‐only
fuel
cell
using
non -‐
renewable
fuel
(e.g.,
natural
gas)
Grid -‐tied
fuel
cell
Cogeneration
Microturbine
(Non -‐renewable
fuel)
Microturbine
with
Cogeneration
Grid -‐tied
microturbine
with
heat
exchanger
for
cogeneration
Internal
Combustion
Engine
(Non -‐renewable
fuel)
Internal
Combustion
Engine
with
Cogeneration
Grid -‐tied
internal
combustion
engine
with
heat
exchanger
for
cogeneration
Fuel
Cell
(Non -‐renewable
fuel)
Fuel
Cell
with
Cogeneration
Grid -‐tied
fuel
cell
with
heat
exchanger
for
cogeneration
2
Energy -‐Efficiency
Improvements
System
Subsystem
Measure
Water
Heater
Efficient
Unit
Replacement
Water
Heater
Domestic
Hot
Water
Pipe
Insulation
Commercial
Kitchen
Pre -‐rinse
Spray
Valve
Commercial
Laundry
Ozone
Laundry
System
Pumps
Efficient
Unit
Replacement
Pumps
Trimmed
impeller
Domestic
Hot
Water
(DHW)
Pumps
Installing
VFD
&
controls
Envelope
Doors
Reduce
Building
Infiltration
Walls
Insulation
(Conditioned
spaces
only)
Roof
Insulation
(Conditioned
spaces
only)
Roof
Cool
roof
surface
Roof
Green
roof
installation
Windows
High
Performance
Windows
Windows
Window
film
installation
Lighting
Fluorescent
Efficiency
Improvement
Compact
Fluorescent
Efficiency
Improvement
Induction
Lighting
Efficiency
Improvement
Cold
Cathode
Lamps
Efficiency
Improvement
HID
Efficiency
Improvement
Bi -‐Level
Fixtures
Replace
existing
lighting
in
Stairwells
and
Garages
with
Bi -‐level
Lighting
fixtures
Exit
Signs
Replace
existing
with
LED
/
LEC
exit
Sign
Exit
Signs
Replace
existing
with
self -‐luminescent
Interior
Lighting
Replace
existing
with
Induction
or
LED
Exterior
Lighting
Replace
existing
with
Induction
or
LED
Street
Lighting
Replace
existing
with
Induction
or
LED
Daylighting
Skylights
Controls
Demand
Response
Controls
Controls
Lighting
scheduling
controls
Controls
Daylighting
controls
Controls
Occupancy
sensors
General
Delamping
3
HVAC
AC
/
Split
Systems
/
Heat
Pumps
Efficient
Unit
Replacement
AHUs
Airflow
distribution
improvements
AHUs
Economizer
(Air
or
Water -‐side)-‐
Repair
or
New
Unit
Boilers
Burner
upgrade
Boilers
Combustion
fan
VFD
Boilers
Economizers
Boilers
Efficient
Unit
Replacement
Boilers
Heat
recovery
Boilers
Oxygen
trim
controls
Boilers/Chillers
Pipe
Insulation
Chillers
Addition
of
Water -‐side
economizer
Chillers
Efficient
Unit
Replacement
Chillers
Heat
recovery
Cooling
Tower
Installing
VFD
&
controls
for
fans
Cooling
Tower
Replacement
or
additional
capacity
Data
Center
Air
Flow
Management
Energy
Management
Controls
Cooling
tower
fan
sequencing
Energy
Management
Controls
Demand
Response
Controls
Energy
Management
Controls
Improved
scheduling
capability
Energy
Management
Controls
Sensors
calibration/optimal
relocation
Energy
Management
Controls
Retrocomissioning
Evaporative
Cooling
Systems
Offset
existing
mechanical
cooling
Fans
Installing
VFD
&
controls
Furnaces
Condensing
furnaces
HVAC
System
(General)
Duct
testing
and
sealing
HVAC
System
(General)
Duct
testing
and
sealing
HVAC
System
(General)
VAV
system
conversions
HVAC
System
(General)
Radiant
Heating
/
Cooling
4
HVAC
System
(General)
Geothermal
HVAC
HVAC
System
(General)
Thermal
Storage
for
Load
Shifting
Steam
Heating
Install/Replace
Steam
Traps
Labs
Reduced
ACH
Labs
VAV
fume
hoods
Motors
Efficient
Unit
Replacement
Pumps
Efficient
Unit
Replacement
Pumps
Trimmed
impeller
Pumps
Installing
VFD
&
controls
Ventilation
Demand
controlled
ventilation
Ventilation
Garage
CO
controls
Refrigeration
Refrigerated
Cases
/
Walk -‐ins
Addition
of
insulation
Refrigerated
Cases
/
Walk -‐ins
Anti -‐sweat
heater
controls
Refrigerated
Cases
/
Walk -‐ins
Auto -‐closers
for
cooler/freezer
doors
Refrigerated
Cases
/
Walk -‐ins
Case -‐lighting
Controls
Refrigerated
Cases
/
Walk -‐ins
Defrost
Controls
Refrigerated
Cases
/
Walk -‐ins
Efficient
evaporator
fan
motors
Refrigerated
Cases
/
Walk -‐ins
Efficient
Unit
Replacement
Refrigerated
Cases
/
Walk -‐ins
Evaporator
fan
controllers
Refrigerated
Cases
/
Walk -‐ins
High
Efficiency
Display
Cases
Refrigerated
Cases
/
Walk -‐ins
Improved
Defrost
Controls
Refrigerated
Cases
/
Walk -‐ins
Installing
doors
with
low/no
anti -‐sweat
heat
Refrigerated
Cases
/
Walk -‐ins
Installing
Night
covers
Refrigerated
Cases
/
Walk -‐ins
Replacing
Door
gaskets
Refrigerated
Cases
/
Walk -‐ins
Strip
curtains
Refrigerated
Cases
/
Walk -‐ins
Suction
line
insulation
Thermal
Storage
Systems
Thermal
Storage
for
Load
Shifting
Compressors
Add
VFD
and
Controls
5
Compressors
Added
Heat
Recovery
Compressors
Addition
of
Mechanical
Sub -‐cooling
Compressors
Efficient
Unit
Replacement
Compressors
Floating
Head
Pressure
Controls
Compressors
Floating
Suction
Pressure
Condensers
Efficient
Unit
Replacement
Condensers
Evaporative
Condensers
Condensers
Floating
Head
Pressure
Condensers
Replace
Air
Cooled
with
Evaporative
Condenser
Controls
Retrocommissioning
Compressed
Air
Air
Compressors
Efficient
Unit
Replacement
Compressed
Air
Storage
Additional
compressed
air
storage
Controls
Improved
compressor
sequencing
Controls
Improved
scheduling
or
controls
Process
/
Plug
Loads
Boilers
Efficient
Unit
Replacement
Boilers
Burner
upgrade
Boilers
Combustion
fan
VFD
Boilers
Economizers
Boilers
Heat
recovery
Boilers
Oxygen
trim
controls
Chillers
/
Cooling
Efficient
Unit
Replacement
Air
/
Water
Distribution
System
Efficiency
Improvement
Fans
Efficient
Unit
Replacement
Fans
Installing
VFD
&
controls
Industrial
Process
Equipment
scheduling
for
load
reduction
Industrial
Process
Process
improvement
Motors
Efficient
Unit
Replacement
Elevators
Hoisting
and
Standby
improvements
Pool
Add
pool
cover
Pool
Efficient
Heater
Replacement
Pool
Pump
Reduce/Optimize
Flow/Configuration
Pool
Pump
Replace
Motor
6
Pool
Pump
Replace
Pump
Pool
Pump
Variable
Flow
Pumps
Efficient
Unit
Replacement
Pumps
Installing
VFD
&
controls
Energy
Storage
Electric
Vehicle
Charger
Install
AC
Level
1
and/or
2
charging
station,
or
DC
Level
1
EV
charging
station
Electric
Vehicle
Charger
-‐
Fast
Charge
Install
DC
Level
2
or
3
EV
charging
station
Wind
Resistance
Improvements
System
Subsystem
Measure
Envelope
Doors
High
impact
doors
Walls
Installing
perimeter
opening
protections
Roof
Improving
the
strength
of
the
roof
deck
and
foundation
attachment
Roof
Wind
resistant
shingles
or
other
roofing
material
Roof
Gable -‐end
bracing
Roof
Reinforcing
roof -‐to -‐wall
connections
Windows
Installing
storm
shutters
Windows
High
impact
windows
Water
Conservation
Measures
System
Subsystem
Measure
Toilets
Efficient
Unit
Replacement
Urinals
Efficient
Unit
Replacement
Commercial
Kitchen
Pre -‐rinse
Spray
Valve
Domestic
Water
Use
Laundry
Systems
(Multi -‐family
dwellings)
Efficient
Unit
Replacement
Commercial
Kitchens
Pre -‐Rinse
Valves
Efficient
Unit
Replacement
Dishwashers
Efficient
Unit
Replacement
Commercial
Ice -‐makers
Efficient
Unit
Replacement
7
Laundry
&
Laundromats
Commercial
Laundry
Efficient
Unit
Replacement
Commercial
Laundry
Retrofit
with
wastewater
recovery
system
Commercial
Laundry
Ozone
Laundry
System
HVAC
Cooling
Towers
Upgrades
to
Reduce
Bleed -‐off
and
Drift
Condensers
Upgrades
to
Reduce
Bleed -‐off
and
Drift
Steam
Boiloers
Upgrades
to
Reduce
Bleed -‐off
Industrial
/
Process
Water
Steam
Sterilizers
/
Autoclaves
Efficient
Unit
Replacement
Car
Wash
Operations
Water
Recycling
System
Manufacturing
Film
/
X -‐Ray
Processing
Manufacturing
Food
/
Beverage
Processing
Manufacturing
Metal
Finishing
Manufacturing
High
Tech
Manufacturing
Landscaping
Irrigation
system
Rain
Shutoff
device
Irrigation
System
Soil
Moisture
Sensors
Irrigation
System
Rainwater
Harvesting
system
Irrigation
System
Greywayter
system
Irrigation
System
Blackwater
treatment
system
Florida
Green
Energy
Works
–
Program
Handbook
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of
32
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1.1.2012
Finance
Program
Handbook
Table
of
Contents
OVERVIEW ................................................................................................................................................4
I NTRODUCTION ............................................................................................................................................4
N ATURE
OF
THIS
P ROGRAM
H ANDBOOK ...................................................................................................4
T YPE
OF
F INANCING ....................................................................................................................................4
S OURCE
OF
C APITAL ....................................................................................................................................4
S ECURITY .....................................................................................................................................................5
P ROGRAM
P ROCESS
F LOW ..........................................................................................................................5
1.
ELIGIBLE
PROPERTI ES .....................................................................................................................5
2.
ELIGIBLE
PROPERTY
IMPROVEMENTS ......................................................................................9
C OMMON
I MPROVEMENTS ..........................................................................................................................9
C USTOM
I MPROVEMENTS ...........................................................................................................................9
I NELIGIBLE
I MPROVEMENTS .......................................................................................................................9
L OADING
O RDER
R ECOMMENDATION ........................................................................................................9
R ESPONSIBILITY
FOR
Q UA LIFYING
I MPROVEMENTS ..............................................................................10
M INIMUM
AND
M AXIMUM
P ROJECT
F UNDING .......................................................................................10
3.
ELIGIBLE
CONTRACT ORS .............................................................................................................10
Q UALIFIED
C ONTRACTORS ......................................................................................................................10
S ELECTING
AN
E NERGY ,
W ATER
OR
W IND
R E SISTANCE
E VALUATOR ..................................................10
S ELECTING
AN
I NSTALLATION
C ONTRACTOR .........................................................................................11
4.
ELIGIBLE
PROJECT
LENDERS ......................................................................................................11
5.
ENERGY,
WATER
&
W IND
RESISTANCE
EVALU ATIONS .....................................................12
E NERGY
E VALUATIONS .............................................................................................................................12
W ATER
E VALUATIONS .............................................................................................................................12
W IND
R ESISTANCE
E VALUATIONS ..........................................................................................................13
P URPOSE
AND
B ENEFITS ..........................................................................................................................13
6.
PARTICIPATION
IN
REBATE/INCENTIVE
PRO GRAMS ........................................................13
B ENEFITS ..................................................................................................................................................13
P ARTICIPATION
I S
E NCOURAGED
B UT
N OT
R EQUIRED .........................................................................13
C ONSEQUENCES
OF
N ONPARTICIPATION
IN
O PTIONAL
P ROGRAMS ......................................................14
7.
APPLICATION
AND
A PPROVAL
PROCESS ...............................................................................14
P ROGRAM
C OSTS /F EES ...........................................................................................................................14
D EBT
S ERVICE
R ESERVE
F UND ................................................................................................................14
Florida
Green
Energy
Works
–
Program
Handbook
2
of
32
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1.1.2012
T WO -S TEP
A PPLICATION
P ROCESS ........................................................................................................15
S TEP
1:
S UBMIT
AN
E LIGIBILITY
A PPLICATION .....................................................................................15
S TEP
2:
S UBMIT
A
F INAL
A PPLICATION ..................................................................................................15
T ASKS
AND
D EADLINES
FOR
S UBMITTING
F INAL
A PPLICATION ...........................................................16
F INAL
A PPLICATION
A PPROVAL ..............................................................................................................17
A DDRESSING
DSRF
U NDERESTIMATES ..................................................................................................17
8.
REQUESTING
FUNDIN G
DISBURSEMENT ................................................................................18
F UNDING
D ISBURSEMENT
T YPES ............................................................................................................18
P ROGRESS
P AYMENTS ..............................................................................................................................19
P ROGRAM
P ARTICIPATION
E XPIRATION ................................................................................................20
9.
QUALITY
A SSURANCE
AND
QUALITY
CONTROL
(QA/QC).................................................20
10.
MEASUREMENT
AND
VERIFICATION
(M&V).......................................................................20
11.
DESCRIPTION
OF
B OND/LEGAL
DOCUMENTS ....................................................................21
12.
FINANCING
COST;
INTEREST
RATE ........................................................................................21
13.
IMPORTANT
LEGAL
TERMS ......................................................................................................22
R EPAYMENT
T ERMS .................................................................................................................................22
A SSESSMENTS ...........................................................................................................................................22
F ORECLOSURE
T ERMS ..............................................................................................................................23
C OMPLIANCE
WITH
E XISTING
M ORTGAGES ............................................................................................23
T RANSFER
OR
R ESALE
OF
THE
S UBJECT
P ROPERTY ..............................................................................23
R EBATES
AND
T AXES ...............................................................................................................................23
C HANGES
IN
S TATE
AND
F EDERAL
L AW ..................................................................................................23
C HANGES
IN
THE
P ROGRAM
T ERMS ;
S EVERABILITY ..............................................................................24
D ISCLOSURE
OF
P ROPERTY
O WNER
I NFORMATION ..............................................................................24
F RAUD .......................................................................................................................................................24
E XCEPTIONS
TO
THESE
T ERMS
AND
P ROVISIONS ...................................................................................25
APPENDIX
A
–
FLORIDA
GREEN
ENERGY
WORKS
FINANCING
PROCESS ...........................26
APPENDIX
B
–
GUIDANC E
FOR
SELECTING
ENER GY
EVALUATOR ......................................27
O VERVIEW ................................................................................................................................................27
C REDENTIALS /Q UALIFICATIONS .............................................................................................................27
R ECOMMENDATIONS /Q UESTIONS
FOR
P ROSPECTIVE
E NERGY
A UDITORS ..........................................27
O THER
T IPS
FOR
THE
B UILDING
A UDIT
P ROCESS .................................................................................28
APPENDIX
C
–
ENERGY
EVALUATION
TYPES .............................................................................29
O VERVIEW ................................................................................................................................................29
I NDUSTRY
S TANDARD
A UDIT
F ORMATS .................................................................................................29
T ARGETED
A UDIT ....................................................................................................................................29
ASHRAE
L EVEL
1,
2,
AND
3
A UDITS .....................................................................................................29
M INIMUM
D ATA
R EQUIREMENTS ............................................................................................................31
APPENDIX
D
–
PROGRAM
COSTS/FEES ........................................................................................32
Florida
Green
Energy
Works
–
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Handbook
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Florida
Green
Energy
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Overview
Introductio n
The
Town
of
Lantana,
pursuant
to
a
U.S.
Department
of
Energy
funded
grant
issued
through
the
State
of
Florida,
is
working
with
willing
city
and
county
partners
to
create
the
Florida
Green
Finance
Authority
(the
“Authority”)
as
well
as
the
Florida
Green
E nergy
Works
(“FGEWorks ”)
financing
program
(the
“Program”).
The
Authority
will
administer
the
Program
in
order
to
give
commercial,
and
ultimately,
residential
property
owners
access
to
a
new
form
of
financing
for
the
installation
of
certain
energy
efficien cy,
renewable
energy,
water
conservation
and
wind
resistance
improvements
(“Qualifying
Improvements”).
The
anticipated
benefits
of
completing
Qualifying
I mprovements
include
reduc ed
operating
costs,
improv ed
occupant
health
and
comfort,
redu ced
environment al
impact,
and
support
for
the
local
economy .
T he
program
for
commercial
property
is
focus
of
this
Program
Handbook .
The
program
will
be
extended
to
residential
property
once
issues
with
the
Federal
Housing
Finance
Agency
(FHFA)
are
resolved
to
allow
hom es
participating
in
the
Program
to
qualify
for
mortgages
approved
by
Fannie
Mae
and
Freddie
Mac .
Nature
of
this
Program
Handbook
Thi s
handbook
details
the
Program
T erms
governing
all
Program
participants,
including
property
owners
and
lenders.
By
sub mitti ng
an
Initial
Application,
applicants
warrant
that
they
have
read
this
handbook
in
its
entirety,
and
that
they
understand
and
agree
to
the
terms
set
forth
herein.
Type
of
Financing
FGEWorks
is
a
financing
program
that
is
designed
to
provide
property
owners
with
options
for
retrofitting
their
properties,
which
currently
include
Property
Assesse d
Clean
Energy
(PACE)
as
well
as
PACE3P ™
financing
options .
PACE
is
an
innovative
type
of
secured
financing
program
that
provides
funding
for
energy
efficiency,
renewa ble
energy,
water
conservation
and
wind
resistance
improvements
to
privately
owned
buildings.
Under
FGEWorks ,
the
Authority
may
sell
a
PACE
bond
to
a
qualified
investor,
use
the
proceeds
to
finance
the
improvements,
and
place
an
assessment
lien
on
the
prop erty
to
secure
repayment.
T he
assessment
is
collected
on
the
property
tax
bill.
Similarly,
PACE3P ™
is
a
third -‐party
ownership
form
of
PACE
financing
where
the
fun ds
to
finance
the
improvements
are
brought
by
Demeter
Power
Group,
Inc.,
who
has
responsibi lity
for
managing
the
improvement
project
for
the
property
owner.
Source
of
Capital
FGEWorks
is
u sing
the
“open -‐market”
PACE
model
in
which
individual
property
owners
may
choose
any
project
lender
willing
to
fund
their
project .
Property
owners
negotiate
specific
financing
terms,
including
the
interest
rate
and
repayment
Florida
Green
Energy
Works
–
P rogram
Handbook
5
of
32
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1.1.2012
term,
with
their
chosen
project
lender .
The
Authorit y
uses
assessments
to
repay
the
project
lender .
Security
The
assessment
obligation
is
secured
by
a
lien
on
the
property
of
equal
status
with
the
lien
for
ad
valorem
property
taxes .
The
Authority
reserves
the
right
to
seek
to
enhance
th e
security
of
FGEWorks
financing
by
raising
and
using
funds
to
establish
a
Debt
Service
Reserve
Fund
(DSRF)
that
will
help
cover
payment
to
lenders
in
the
event
of
assessment
delinquencies
by
the
property
owner.
See
Chap.
7
“Application
and
Approval
Proc ess ”
below,
for
more
information
on
the
DSRF.
Program
Process
Flow
Appendix
A ,
attached ,
shows
a
high -‐level
description
of
the
Program’s
process
flow
from
beginning
to
end.
It
shows
the
significant
stages
for
the
property
owner
that
applies
to
the
Program,
and
for
the
Program
in
response
to
property
owner
submissions
(the
steps
are
numbered
to
illustrate
further
the
flow
and
interaction)
1.
Eligible
Properties
In
order
to
participate
in
the
Program,
a
property
owner
must
meet
and/or
complete
the
following
r equirements
and
steps:
a. The
property
to
be
improved
with
Qualifying
Improvements
(the
“subject
property”)
must
be
located
in
within
the
geographic
boundaries
of
a
local
government
located
in
Florida
that
opts
into
the
Program
by
becoming
a
member
of
the
Au thority
(hereinafter
a n
“Energy
Improvement
District”).
b. The
subject
property
m ust
be
non -‐residential
property
defined
as
(i)
a
property
the
primary
use
of
which
is
not
residential
or
(ii)
a
property
used
for
multi -‐family
housing
with
five
or
more
units.
c. The
property
owner
must
provide
written
notice
of
the
proposed
senior
lien
to
any
and
all
lenders
with
existing
liens
on
the
subject
property,
and
must
obtain
the
written
consent/acknowledgment
of
existing
lenders;
the
Program
will
provide
templates
for
th is
purpose
but
it
is
the
property
owners’
responsibility
to
obtain
the
consent/acknowledgement
of
the
lenders.
The
owner
must
submit
a
copy
of
the
lender’s
written
consent/acknowledgment
with
the
Final
Application.
d. All
owners
of
fee
simple
title
to
the
su bject
property
or
their
legally
authorized
representatives
must
sign
the
Program
Documents.
Therefore,
before
submitting
an
initial
application,
please
ensure
that
all
owners
(or
their
representatives)
of
the
fee
simple
title
to
the
subject
property
will
a gree
to
participate
in
the
Program
on
the
terms
set
forth
in
these
Program
Terms.
Florida
Green
Energy
Works
–
P rogram
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6
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e. The
property
owner
must
have
a
professional
energy ,
water
and/or
wind
resistance
evaluation
conducted
on
the
property
that
correspond s
to
the
types
of
Qualifying
Improvemen ts
the
owner
is
seeking
to
finance,
and
those
Qualifying
Improvements
must
appear
as
identified
opportunities
or
recommendations
within
the
resulting
evaluation
report.
The
Program
reserves
the
right
on
a
case -‐by -‐case
basis
to
review
and
approve
Qualifying
Improvements
that
do
not
appear
as
an
identified
opportunity
or
recommendation
within
the
evaluation
report.
For
the
initial
phase
of
the
Program,
the
following
evaluation
and
project
requirements
will
apply
as
outlined
below:
i. If
the
property
owner
wish es
to
finance
energy
efficiency
improvements,
water
conservation
improvements
and/or
a
renewable
energy
project
through
the
Program,
the
owner
must
obtain
an
evaluation
from
a
firm
with
the
appropriate
skills
and
experience
for
non -‐residential
buildings,
t o
complete
the
appropriate
type
of
evaluation .
See
the
Program
Handbook
for
requir ements
for
participating
evaluat ors
and
for
details
abo ut
the
type
of
evaluation
required.
ii. If
a
renewable
energy
system
is
financed,
the
property
owner
should
also
demonstr ate
that
lower -‐cost
and
higher
value
energy
efficiency
improvements
were
evaluated
that
could
result
in
a
10%
improvement
in
building
performance,
or
demonstrate
that
the
building
already
meets
one
of
a
predefined
list
of
efficiency
performance
requirement s
as
specified
in
the
Program
Handbook.
iii. If
the
property
owner
wishes
to
finance
wind
resistance
improvement
projects
only,
the
owner
must
obtain
a
wind
resistance
improvement
evaluation
from
a
firm
with
the
appropriate
skills
and
experience
for
non -‐reside ntial
buildings,
to
complete
the
appropriate
type
of
wind
resistance
evaluation .
The
property
owner
will
also
receive
information
regarding
energy
efficiency
and
renewable
energy
at
that
time
but
will
have
no
obligation
to
install
such
improvements.
f. The
p roperty
owner
will
be
encouraged
or
required
(as
described
below)
to
participate
in
appropriate
state
and
local
incentive
programs
to
the
extent
the
subject
property
is
eligible
for
such
programs
at
the
time
of
application.
For
example,
property
owners
pla nning
to
finance
the
installation
of
a
solar
PV
system
will
be
encouraged
to
seek
to
participate
in
the
Florida
Power
&
Light
photovoltaic
(“PV ”)
re bate
program
(if
available)
with
respect
to
the
subject
property.
Property
owners
will
also
be
encouraged
to
participate
in
similar
incentive
programs
for
solar
thermal
(hot
water)
systems
and
energy
efficiency
improvements .
Property
owners
will
be
encouraged
to
participate
in
other
utility
rebate
and
incentive
programs
(if
available)
that
cover
the
Florida
Green
Energy
Works
–
P rogram
Handbook
7
of
32
v.
1.1.2012
Qualifying
I mprovements ,
but
may
elect
not
to
do
so .
See
Chapter
6
of
this
Program
Handbook
for
more
detail.
g. The
finance d
improvements
must
be
Qualifying
Improvements
and
must
be
installed
by
a
contract
that
meets
the
Program’s
qualification
criteria
(“Qualified
Cont ractor s”).
See
Chap.
2
“Eligible
Property
Improvements”
below.
h. The
property
owners
must
agree
to
provide
the
Authority
with
access
to
the
property’s
utility
usage
information
to
enable
the
Program
to
monitor
energy
and/or
water
savings.
The
owner
must
fu rther
agree
to
participate
in
surveys
and
Program
evaluations
directed
by
the
Authority .
i. The
property
owner
must
use
the
no -‐cost
ENERGY
STAR
online
energy -‐use
benchmarking
service
called
Portfolio
Manager.
The
Authority
may
further
recommend
or
require
participation
in
other
low -‐
or
no -‐cost
energy
usage
tracking
systems
so
owners
have
access
to
the
raw
data
necessary
to
determine
if
the
installed
improvements
are
delivering
the
expected
energy
and
cost
savings.
(Determining
whether
or
not
installed
impro vements
are
meeting
projections
is
encouraged,
but
may
require
additional
analysis
by
professionals
and
any
such
additional
services
would
be
the
responsibility
of
the
owner).
See
Chapter
10
of
this
Program
Handbook
for
more
detail.
j. The
property
owner
mu st
certify
that
it
(and
its
corporate
parent
if
the
property
owner
is
a
single -‐purpose
entity)
is
solvent
and
that
no
proceedings
are
pending
or
threatened
in
which
the
property
owner
(or
the
corporate
parent,
as
applicable)
may
be
adjudicated
as
bankrupt
or
become
the
debtor
in
a
bankruptcy
proceeding,
or
discharged
from
all
of
the
property
owner’s
(or
corporate
parent’s,
as
applicable)
debts
or
obligations,
or
granted
an
extension
of
time
to
pay
the
property
owner’s
(and
the
corporate
parent’s,
as
applica ble)
debts
or
a
reorganization
or
readjustment
of
the
property
owner’s
(and
the
corporate
parent’s,
as
applicable)
debts.
The
property
owner
must
also
certify
that
the
property
owner
(or
any
corporate
parent
if
the
property
owner
is
a
single -‐purpose
entit y)
has
not
filed
for
or
been
subject
to
bankruptcy
protection
in
the
past
three
years.
k. The
property
owner
must
be
current
in
the
payment
of
all
obligations
secured
by
the
subject
property,
including
property
taxes,
assessments
and
tax
liens,
within
the
pa st
3
years
(or
since
taking
title
to
the
subject
property
if
it
has
been
less
than
3
years).
The
Authority
may
review
public
records,
including
the
real
property
records,
to
verify
compliance
with
this
requirement.
Certain
allowances
may
be
made
for
proper ty
tax
payment
delays
that
do
not
reflect
financial
distress.
Properties
that
are
currently
appealing
a
property
tax
assessment
will
be
reviewed
and
eligibility
will
be
determined
on
a
case -‐by -‐case
basis.
Florida
Green
Energy
Works
–
P rogram
Handbook
8
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32
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1.1.2012
l. There
must
be
no
notices
of
default
or
foreclosu re,
whether
in
effect
or
released,
due
to
non -‐payment
of
property
taxes
or
loan
payments
filed
against
the
subject
property
within
the
last
5
years
(or
since
ownership,
if
less
than
5
years).
Exceptions
may
be
granted
on
a
case -‐by -‐case
basis.
m. The
propert y
owner
must
not
have
any
involuntary
liens,
defaults
or
judgments
applicable
to
the
subject
property.
The
Authority
may
review
public
records,
including
the
real
property
records
and
court
documents,
to
verify
compliance
with
this
requirement.
A
property
owner
with
an
involuntary
lien(s)
may
be
allowed
to
participate
in
the
Program
if
it
can
demonstrate
an
acceptable
reason
for
the
lien,
default
or
judgment
and
a
path
for
resolution
along
with
supporting
documentation.
A
property
with
an
involuntary
tenan t’s
lien
will
be
reviewed
and
eligibility
will
be
determined
on
a
case -‐by -‐case
basis.
n. The
value
of
the
property
(based
on
current
assessed
value,
recent
(within
90
days
of
the
Program
application)
or
appraised
value
determined
by
a n
Authori ty -‐approved
app raiser )
plus
the
value
of
the
Qualifying
Improvements
financed
by
the
Program
must
be
equal
to
or
greater
than
the
sum
of
(i)
the
total
private
property
debt
including
mortgages
and
maximum
draw
amount
of
any
equity
lines
of
credit
secured
by
the
property,
(ii)
the
principal
amount
of
any
Program
indebtedness
attributable
to
the
property,
and
(iii)
the
aggregate
principal
amount
of
any
fixed
assessment
liens
or
other
assessment
debt
on
the
property
(not
including
Program
assessments).
o. The
property
owner
mu st
certify
that
the
property
owner
is
not
party
to
any
litigation
or
administrative
proceeding
of
any
nature
in
which
the
property
owner
has
been
served,
or
is
pending
or
threatened
which,
if
successful,
would
materially
adversely
affect
the
property
owner ’s
ability
to
operate
its
business
or
pay
the
assessments
when
due,
or
which
challenges
or
questions
the
validity
or
enforceability
of
documents
executed
by
property
owner
in
connection
with
the
Program .
p. The
Program
may
involve
issuance
of
bonds
by
the
Au thority
on
behalf
of
the
Energy
Improvement
District (s).
Therefore,
it
is
important
that
property
owners
pay
their
assessments
and
other
property -‐related
obligations
in
full
on
a
timely
basis.
Consequently,
the
Authority
reserves
the
right
to
request
addit ional
information
in
its
sole
discretion
and
to
deny
applications
based
on
any
information
that
reflects
on
the
likelihood
that
a
property
owner
may
not
pay
assessments .
Florida
Green
Energy
Works
–
P rogram
Handbook
9
of
32
v.
1.1.2012
2.
Eligible
Property
Improvements
In
general,
in
order
for
property
improvements
to
be
eligible
for
financing
through
the
Program,
they
must
have
a
useful
life
of
five
year s
or
longer
or
be
attached
to
real
property
or
building
and
must
have
the
capacity
to
reduce
energy
or
water
usage,
generate
renewable
energy
or
further
wind
resistanc e
capabilities
for
the
property.
Common
Improvements
The
Program
has
an
extensive
list
of
common
energy
efficiency
(EE ),
renewable
energy
(RE ),
water
conservation
(WC )
and
wind
resistance
(W R )
property
improvements
t hat
are
eligible
for
financing,
which
c an
be
found
in
the
separate
Qualifying
Improvements
List
document
organized
by
these
categories .
The
improvements
are
further
organized
into
system
and
subsystem
groupings
for
easier
navigation
within
the
list .
The
list
also
contains
each
type
of
improveme nt’s
estimated
effective
useful
life,
performance
guidelines,
and
applicable
incentive
programs.
Custom
Improvements
The
Program
will
also
consider ,
on
a
case -‐by -‐case
basis ,
other
improvements
(a.k.a.
custom
improvements )
that
do
not
appear
in
the
Qualifyi ng
Improvements
List .
Such
custom
improvements
will
require
additional
technical
review
by
the
Program
if
they
are
not
covered
by
an
incentive
program
that
approves
them ,
likely
at
additional
cost
for
the
applicant.
See
Chap
6
“Participation
in
Rebate/Inc entive
Programs”,
below,
more
information
about
incentive
programs.
Ineligible
Improvements
Improvements
that
are
not
attached
to
the
real
property
or
building
and
can
be
easily
removed
are
not
eligible
for
financing
through
the
program
(e.g.,
screw -‐in
flu orescent
light
bulbs).
Any
improvement
that
can not
be
explained
in
terms
of
industry -‐standard
engineering
or
scientific
principles
are
also
not
eligible .
S ee
the
Ineligible
Improvements
page
of
the
Qualifying
Improvements
List
for
the
short
list
of
what
qu alifies
as
being
ineligible.
Loading
Order
Re commendation
P roperty
owner s
are
encouraged ,
but
not
required,
to
apply
a
loading
order
when
seeking
to
install
eligible
on -‐site
renewable
energy
systems ,
such
as
solar
photovoltaic
(PV)
systems .
Essentially,
a
loading
order
is
intended
to
assure
that,
before
installing
a
renewable
energy
system,
the
property
should
first
evaluate
options
to
reduce
its
total
energy
demand
–
for
example ,
by
10%
–
by
implementing
energy
efficiency
improvements
identified
in
the
e nergy
evaluation .
E nergy
efficiency
improvements
are
typically
less
expensive
on
a
per
kWh
basis
(i.e.,
cost
per
kWh
saved
through
efficiency
is
less
than
the
cost
per
kWh
generated
through
renewable
energy),
and
decreasing
energy
demand
usually
makes
it
possible
to
decrease
the
size
(and
cost)
of
the
desired
Florida
Green
Energy
Works
–
P rogram
Handbook
10
of
32
v.
1.1.2012
renewable
energy
system.
Consult
with
the
Program
Administrator
for
approaches
to
the
loading
order .
Responsibility
for
Qualifying
Improvements
The
Program ’s
PACE
financing
option
is
a
financing
prog ram
only.
By
establishing
the
Qualifying
Improvements
List ,
the
Authorit y
is
not
recommending
nor
warranting
any
particular
improvements.
Neither
the
Authorit y
nor
the
Administrator
is
responsible
for
the
improvements
or
their
performance.
Property
owners
are
solely
responsible
for
the
improvements
installed
on
their
property.
Should
there
be
any
unsatisfactory
performance
or
other
system -‐related
issues
that
arise
during
or
after
installation,
the
property
owner
must
address
those
directly
with
the
respons ible
contractor
according
to
the
terms
of
the
contract
between
the
two
parties.
The
Program’s
PACE3P ™
option
is
offered
by
Demeter
Power
Group,
Inc.,
and
any
improvements
installed
utilizing
PACE3P™
shall
be
governed
solely
by
a
separate
agreement
executed
between
the
property
owner
and
Demeter
Power
Group,
Inc.
Neither
the
Authority
nor
the
Administrat or
is
responsible
for
the
improvements
or
their
performance.
Should
there
be
any
unsatisfactory
performance
or
other
system -‐related
issues
that
arise
during
or
after
a
PACE3P™
financed
installation,
the
property
owner
must
address
those
directly
with
Deme ter
Power
Group,
Inc.
according
to
the
terms
of
the
contract
between
the
two
parties.
Minimum
and
Maximum
Project
Funding
The
Authorit y
requires
a
minimum
funding
request
of
$1 0,000.
The
Authority
will
only
authorize
funding
requests
in
an
amount
equal
t o
the
final
cost
of
installing
the
Qualifying
Improvements
(including
the
energy
evaluation
fee)
less
State,
Local
and
Utility
rebates
plus
the
additional
items
identified
in
Chap
12
“Financing
Cost;
Interest
Rate”,
below.
The
funding
limits
are
per
prope rty
per
financing
request.
3.
Eligible
Contractors
Qualified
Contractors
There
are
two
primary
types
of
contractors
that
may
participate
in
the
Program :
evaluat ors
and
installation
contractors .
Selecting
an
Energy ,
Water
or
Wind
Resistance
Evaluator
The
co mmercial
building
energy
audit
market
is
fragmented,
with
no
universally
accepted
standards
for
auditors
(referred
to
in
the
Program
as
“evaluators”).
Although
the
Program
does
not
endorse
specific
contractors
or
accreditation
programs,
it
has
compiled
so me
recommendations
for
selecting
a
quali fied
energy
auditor
and
getting
a
suitable
energy
audit
conducted
on
the
subject
property.
See
Appendix
B
–
Guidance
for
Selecting
Energy
Evaluator
and
Appendix
C
–
Energy
Evaluator
Types
for
more
details .
Florida
Green
Energy
Works
–
P rogram
Handbook
11
of
32
v.
1.1.2012
Selecting
an
Installation
Contractor
The
Qualifying
Improvements
must
be
installed
by
contractors
who
meet
the
eligibility
criteria
set
forth
for
the
specific
category
of
work
being
financed.
If
you
choose
to
work
with
a
contractor
that
does
not
meet
eligibility
cr iteria
below,
you
are
not
eligible
for
Program
financing:
• Energy
efficiency
and
water
conservation
improvements
must
be
installed
by
licensed
contractors.
• Solar
PV
and
water
heating
projects
must
be
ins talled
by
licensed
contractor s .
• W ind
resistanc e
improvements
must
be
installed
by
licensed
contractor s .
The
Authority
may
provide
lists
of
contractors
who
have
satisfactorily
participated
in
the
Program
or
received
training
regarding
Program
requirements,
but
the
Authority
does
not
warrant
the
work
of
any
such
contractor.
The
Authorit y
encourages
you
to
do
your
research
and
receive
bids
from
multiple
contractors
before
signing
a
contract.
Neither
the
Authority
nor
the
administrator
is
responsible
for
determining
the
appropriate
equipment,
price
or
c ontractor
for
your
property.
By
establishing
these
contractor
eligibility
criteria,
the
Authority
is
not
recommending
a
particular
contractor
or
warranting
the
reliability
of
any
such
installer.
The
Program
is
a
financing
program
only.
Neither
the
Authori t y
nor
the
administrator
will
participate
in
the
resolution
of
any
dispute
between
you
and
your
installer
or
equipment
manufacturer.
4.
Eligible
Project
Lender s
Lenders
must
be
qualified
to
purchase
a
municipal
bond
as
detailed
in
the
Bond
Purchase
Contrac t,
a
sample
of
which
can
be
provided
upon
request.
Generally,
b asic
qualifi cation
criteria
includes
that
the
lender
is
one
of
the
following:
a. A n
“accredited
investor”
as
defined
by
Rule
501(a)
promulgated
under
the
Securities
Act
of
1933;
or
b. A
“qualified
i nstitutional
buyer”
as
defined
in
Rule
144A
under
the
Securities
Act
of
1933;
or
c. A
bank,
savings
institution
or
insurance
company;
or
d. A
certain
trust,
custodial
or
similar
arrangement s
conforming
with
Section
7(iv)
of
the
Sample
Bond
Purchase
Contract.
Florida
Green
Energy
Works
–
P rogram
Handbook
12
of
32
v.
1.1.2012
5.
Energy ,
Water
&
Wind
Resistance
Evaluation s
Energy
Evaluation s
The
Program
requires
properties
seeking
to
finance
energy
efficiency
or
renewable
energy
improvements
through
the
Program
to
receive
an
energy
evaluation
conducted
by
a
profe ssional
energy
eval uator
of
the
owner’s
choice
and
at
the
owner’s
cost.
T hat
auditor
must
meet
Program
eligibility
requirements
(see
Chap.
3
”Eligible
Contractors”,
above,
for
or
more
detail ).
Note
that
the
cost
of
the
energy
evaluation
can
be
included
in
the
financing.
Th e
improvements
for
which
the
property
owner
is
seeking
financing
must
appear
as
identified
opportunities
or
recommendations
within
the
resulting
evaluation
report.
The
Program
reserves
the
right
on
a
case -‐by -‐case
basis
to
review
and
approve
improvements
th at
do
not
appear
as
an
identified
opportunity
or
recommendation
within
the
evaluation
report.
The
type
of
energy
evaluation
that
the
Program
requires
the
property
owner
to
conduct
on
its
property
depends
on
the
number
of
improvements
and
total
project
cos t.
The
Program
has
organized
these
into
three
evaluation
tiers
for
easier
reference.
See
Table
1
below
for
the
resulting
evaluation
tiers
and
thresholds .
Table
1
–
Program
Energy
Evaluation
Tiers
Energy
Evaluation
Tier
Evaluation
Type
#
Improvements
Proje ct
Cost
Tier
1
Targeted
Audit
1
Any
amount
Tier
2
ASHRAE
Level
1
2
or
more
Less
than
$100k
Tier
3
ASHRAE
Level
2
2
or
more
Equal
to
or
more
than
$100k
The
Targeted
evaluation
and
ASHRAE
evaluation
types
referenced
in
the
above
table
are
fully
describe d
with in
Appendix
B -‐
Energy
Evaluation
Types.
Water
Evaluations
The
Program
requires
properties
seeking
to
finance
water
conservation
improvements
through
the
Program
to
receive
a
water
evaluation
conducted
by
a
professional
water
evaluator
of
the
owner’s
choic e
and
at
the
owner’s
cost.
That
evaluator
must
meet
Program
eligibility
requirements
(see
Chap.
3
”Eligible
Contractors”,
above,
for
or
more
detail).
Note
that
the
cost
of
the
water
evaluation
can
likewise
be
included
in
the
financing.
The
improvements
for
which
the
property
owner
is
seeking
financing
must
appear
as
identified
opportunities
or
recommendations
within
the
resulting
evaluation
report.
The
Program
reserves
the
right
on
a
case -‐by -‐case
basis
to
review
and
approve
improvements
that
do
not
appea r
as
an
identified
opportunity
or
recommendation
within
the
evaluation
report.
Florida
Green
Energy
Works
–
P rogram
Handbook
13
of
32
v.
1.1.2012
Wind
Resistance
Evaluation s
Regardless
of
the
types
of
improvements
installed,
the
Program
requires
all
participants
to
undergo
a
wind
resistance
improvements
evaluation
throug h
the
program .
Purpose
and
Benefits
Property
owners
can
use
the
resulting
evaluation
report (s)
to
identify
and
prioritize
building -‐specific
energy
and
wind
resistance
improvement
opportunities
and
to
predict
associated
cost/energy /water/insurance
savings.
The
Program
also
uses
the
evaluation
report (s)
as
a
third -‐party
check
that
the
selected
improvements
for
implementation
are
appropriate
for
the
property
and
its
unique
context ,
thus
reducing
Program
and
participant
costs.
Visit
www.citizensfla .com
f or
more
detail
about
insurance
benefits
of
wind
resistance
improvements .
6 .
Participation
in
Rebate/Incentive
Programs
Depending
on
the
types
of
improvements
that
the
property
owner
is
including
in
their
financing
through
the
Program ,
the
Program
may
participation
in
applicable
rebate
and/or
incentive
programs
(offered
through
the
State ,
local
utilities,
federal ,
or
associated
third -‐party
programs).
Benefits
Rebate
and
incentive
programs
reward
participants
with
cash
payme nts
or
tax
credits
for
implementing
improvements
that ,
for
example,
r educe
energy
(or
water)
usage,
thus
reducing
a
property
owner’s
project
cost .
“Nett ing
out”
rebates
and
incentives
reduces
the
total
financing
amount
that
a
property
owner
will
request
th rough
the
Program .
Leveraging
such
existing
programs
also
helps
reduce
overall
program
costs
by
providing
credible
savings
projections,
quality
control
and
assurance ,
and
project
inspection
services
at
no
additional
cost
that
maximize
project
benefits.
P ar ticipation
I s
Encouraged
But
Not
Required
Property
owners
seeking
financing
through
the
Program
are
encouraged,
but
not
required ,
to
participate
in
certain
rebate
or
incentive
programs
that
are
or
may
be
available .
Given
the
benefits
associated
with
such
programs
(see
the
section
entitle
“Benefits ”),
the
Program
anticipates
that
most
property
owners
will
elect
to
participate
in
all
applicable
rebate
and
incentive
programs
that
cover
improvements
in
their
projects.
The
Program
str ongly
encourages
such
participation,
but
does
not
require
it
in
order
to
give
property
owners
maximum
flexibility.
Reasons
some
property
owners
may
choose
not
to
participate
in
applicable
rebate
or
incentive
programs
may
include:
Florida
Green
Energy
Works
–
P rogram
Handbook
14
of
32
v.
1.1.2012
• The
rebate/incentive
amo unt
is
small
compared
to
the
time
and
effort
involved
in
applying
for
such.
• The
rebate/incentive
program
possibly
introduces
delays
(e.g.,
for
project
review,
approval,
inspections,
etc.)
that
the
project
cannot
accommodate.
Consequences
of
Nonparticipatio n
in
Optional
Programs
Because
rebate
and
incentive
programs
can
act
as
a
third -‐party
check
for
the
Program
on
the
validity
of
the
property
owner’s
improvements
and
their
likely
energy
savings,
participation
in
such
programs
reduces
the
Program’s
costs
for
project
review,
verification
and
quality
assurance/control
(QA/QC)
activities.
Therefore,
property
owners
who
elect
not
to
participate
in
such
rebate
or
incentive
programs
may
incur
additional
fees
to
cover
the
Program’s
costs
in
conducting
activities
nor mally
performed
by
such
programs.
T he
Authority
reserves
the
right
to
impose
t hese
fees ,
which
may
vary
depending
on
the
type
and
complexity
of
improvements
included
in
the
project.
Se e
Appendix
D
–
Program
Costs/Fees
f or
a
summ ary
of
possible
additional
fees.
7.
Application
and
Approval
Process
Program
Costs/Fees
There
are
a
number
of
direct
and
indirect
costs
and
fees
associated
with
the
Program.
Some
of
these
are
mandatory
fees,
whereas
a
few
are
conditional
depending
on
what
type
of
financing
is
being
utilized
(PACE
or
PACE3P ™),
what
i mprovements
are
being
undertaken,
what
rebate
or
incentive
programs
are
being
utilized,
and
what
method
of
property
valuation
is
chosen.
Most
of
these
can
be
included
in
the
financing.
See
Appendix
D
–
Program
Costs/Fees
for
a
breakdown
of
Program
costs
and
fees.
Debt
Service
Reserve
Fund
The
Author ity
reserves
the
right
to
raise
and/or
charge
fees
for
use
in
establish ing
and
fund ing
a
Debt
Service
Reserve
Fund
(DSRF )
for
each
financing
project
in
order
to
provide
greate r
security
(lower
risk)
for
project
lender s.
For
some
lenders,
t his
reduced
risk
may
support
the
ability
to
offer
better
financing
rates
and
terms
to
property
owners
participating
in
the
Program.
Other
lenders
may
not
find
the
DSRF
useful
in
impacting
rat es.
If
the
Authority
elects
to
offer
a
DSRF
option
and
there
are
sufficient
DSRF
funds,
each
project
approved
by
the
Program
has
the
option
to
a
standard
allocation
for
a
DSRF
equal
to
10
percent
of
the
total
requested
financing
amount,
with
a
maximum
DSR F
allocation
of
$100,000
for
any
single
project
(which,
at
10
percent,
would
support
up
to
a
$1
million
project
financing).
The
Program
will
consider
requests
that
exceed
the
$100,000
maximum
DSRF
allocation
on
a
case -‐by -‐case
basis,
as
well
as
allocations
greater
than
the
standard
Florida
Green
Energy
Works
–
P rogram
Handbook
15
of
32
v.
1.1.2012
10
percent.
Project
lenders
may
also
decline
to
receive
an
allocation
from
the
DSRF,
if
they
so
choose.
Two -‐Step
Application
Process
T he
Program’s
application
process
is
broken
into
two
steps:
1)
Eligibility
Application ,
and
2)
Final
Application,
as
detailed
below.
Applicants
must
complete
both
steps
in
order
to
be
fully
approved.
Step
1:
Submit
an
Eligibility
Application
This
step
is
a
simple
process
for
property
owners
to
quickly
indicate
their
interest
in
participation
and
t o
submit
preliminary
details
of
their
proposed
project.
This
gives
the
Program
the
ability
to
promptly
ascertain
project
eligibility
as
well
as
give
owners
the
preliminary
indication
that
their
property
meet s
program
requirements.
The
Eligibility
Applicati on
may
include
a
request
for
an
allocation
from
the
Debt
Service
Reserve
Fund,
if
desired.
The
Program
has
developed
an
Eligibility
Application
form
to
be
used
in
completing
this
step .
Items
to
be
submitted
with
Initial
Application:
• Eligibility
Applicatio n
Form :
filled
out
completely
• Organizational
Documents :
necessary
if
property
owners
is
an
entity
• Title
Search
Payment :
a
check
for
the
title
search
payment
made
out
to
the
“Florida
Green
Finance
Authority”
so
the
Authority
can
perform
a
title
search
to
ve rify
the
property
meets
eligibility
requirements.
(Note :
the
title
search
fee
is
listed
in
the
current
Program
Fee
Schedule
on
file
with
the
Authority.
T he
property
title
search
may
cost
more
for
more
complicated
ownership
structures
or
histories,
in
which
case
the
Program
will
contact
the
property
owner
to
provide
the
associated
cost
before
conducting
the
search .)
The
Program
will
review
the
completed
Initial
Application
form
and
related
items
within
fifteen
(15)
business
days
and
determine
if
all
eligibi lity
requirements
are
met
(incomplete
applications
will
result
in
a
longer
review
period).
Upon
approval
of
the
application,
t he
Owner
will
be
conditionally
eligible
for
participation
in
the
Program.
Eligibility
will
remain
valid
as
long
as
the
applicant
makes
progress
toward
completing
the
second
step
of
the
application
process,
according
to
the
Program
deadlines
for
submitting
the
associated
Final
Application.
Failure
to
meet
Program
deadlines
(or
to
obtain
extensions
to
deadlines)
for
preparation
of
the
Final
Application
may
result
in
a
cancellation
of
eligibility .
Approval
of
the
Final
Application
will
establish
ultimate
eligibility
for
funding
disbursements .
Step
2:
Submit
a
Final
Application
This
step
is
a
more
involved
process
that
requires
the
prop erty
owner
to
complete
all
related
planning
and
application
tasks,
including :
conducting
an
energy
evaluation
(if
applicable),
obtaining
existing
mortgage
holder
acknowledgment
/
authorization ,
and
finding
a
project
lender .
Upon
review
and
approval
of
the
complete
Final
Application,
the
Program
will
issue
a
reservation
for
financing
(a
Florida
Green
Energy
Works
–
P rogram
Handbook
16
of
32
v.
1.1.2012
“Reservation ”),
including
any
necessary
adjustments
to
the
reserved
allocation
from
the
DSRF
(if
applicable),
based
on
any
refinements
that
have
occurred
(since
conditional
e ligibility
for
participation )
to
project
scope
and
desired
amount
to
be
financed.
The
Program
has
developed
a
Final
Application
form
and
other
related
documents
to
be
used
in
completing
this
step.
Items
to
be
submitted
with
Final
Application:
• Final
Applic ation
Form :
completed
and
signed
by
all
property
owners
or
their
legally
authorized
representatives
• Program
Terms :
signed
by
all
property
owners
or
their
legally
authorized
representatives
• Contractor
Bids:
copies
of
contractor
bids
for
the
work
they
will
b e
performing
on
the
project,
along
with
a
completed
Contractor
Coversheet
attached
to
each
bid
• Property
Value
Statement
Form:
completed
and
signed
by
all
property
owners
or
their
legally
authorized
representatives
• Lender
Authorization
Form:
a
completed
an d
signed
Lender
Authorization
form
from
any
and
all
existing
mortgage
or
lien
holders
on
the
property
• Energy
/
Water
/
Wind
Resistance
Evaluation
Reports:
copies
of
the
appropriate
energy ,
water
and/or
wind
resistance
evaluation
reports
conducted
on
the
p roperty
that
contain
recommendations
for
the
property
improvements
for
which
the
property
owner
is
seeking
financing
• Rebate
/
Incentive
Documents:
copies
of
applications
and/or
pre -‐approval
letters
from
rebate/incentive
pr ograms
from
which
the
project
wil l
receive
related
funding
• Application
Fee .
(Note:
the
application
fee
is
currently
waived )
Tasks
and
Deadlines
for
Submitting
Final
Application
Related
to
the
items
to
be
submitted
with
the
Final
Application,
t here
are
three
major
tasks
that
must
be
accom plished
between
determination
of
conditional
eligibility
and
submission
of
the
Final
Application .
Completing
these
tasks
by
certain
deadlines
(or
receiving
deadline
extensions
from
the
Program)
is
necessary
in
order
to
maintain
eligibility
and
also
to
prep are
for
submitting
the
Final
Application .
The
property
owner
must
make
progress
toward
completing
the se
tasks
within
a
certain
timeframe
relative
to
when
conditional
eligibility
was
approved .
Those
tasks,
and
their
associated
deadlines,
are
listed
in
Tabl e
4 below.
Florida
Green
Energy
Works
–
P rogram
Handbook
17
of
32
v.
1.1.2012
Table
4
–
Tasks
&
Deadlines
for
Maintaining
Conditional
Reservation
Task
Description
Deadline *
1.
Evaluation
&
Final
Project
Scope
If
not
already
conducted,
h ave
a n
appropriate
qualifying
evaluation
conducted
on
the
property
by
a
professional,
and
determine
final
project
scope
and
financing
amount.
Within
90
calendar
days
of
conditional
eligibility
2.
Lien
Holder
Approval
Obtain
written
acknowledgment
/
consent
from
all
existing
mortgage
or
lien
holders
on
the
property
for
participation
in
the
Program.
Within
90
calendar
days
of
conditional
eligibility
3.
Project
Lender
Identify
a
project
lender
that
will
provide
financing
for
the
project.
Within
90
calendar
days
of
conditional
eligibility
Submit
Final
Application
Submit
Final
A pplicati on
with
all
tasks
completed
and
necessary
approvals.
Within
120
calendar
days
of
conditional
eligibility
*Exceptions
to
the
above
deadlines
may
be
granted
on
a
case -by -case
basis
if
the
Program
determines
that
the
applicant
is
making
good
progress
toward
completing
these
tasks .
Final
Application
Approval
The
Program
will
review
the
completed
Final
Application
form
and
related
items
within
ten
(10)
business
days
and
determine
if
all
eligibility
requirements
are
met
(incomplete
applications
will
result
in
a
longer
review
period).
Upon
approval
of
the
application,
t he
Owner
will
be
issued
a
Reservation
for
participation
in
the
Program.
Approval
or
denial
will
be
based
on
the
eligibility
requirements
listed
within
this
handbook.
Su b mission
of
an
application
does
not
guarantee
that
you
will
be
approved
for
Program
participation.
If
you
proceed
with
installation
before
notification
of
a
Program
approval,
you
risk
incurring
the
cost
of
installation
without
the
benefit
of
Program
financing.
In
addition,
a
Progr am
approval
does
not
guarantee
that
you
will
receive
funds.
Before
you
receive
funds
through
the
Program,
you
must
satisfy
the
requirements
listed
in
Chap.
8
“Requesting
Funding
Disbursement”
below.
A ddressing
DSRF
Underestimates
If
the
DSRF
amount
that
t he
applicant
originally
request ed
is
underestimated
(i.e.
increases
between
Initial
Application
or
Final
Application
step s),
the
Program
may
or
may
not
be
able
to
allocate
additional
funds
from
the
DSRF
to
cover
the
difference.
There
are
several
options
to
rectify
this,
as
detailed
below:
1. The
applicant
can
contribute
funds
to
the
DSRF
to
cover
the
gap
(and
such
funds
can
be
added
to
the
total
amount
financed;
if
there
are
never
any
payment
defaults,
applicant
would
get
these
funds
back
when
financing
was
pa id
off).
2. The
applicant
can
adjust
the
agreement
with
the
project
lender
for
the
lender
to
accept
less
DSRF
coverage
(which
may
result
in
a
change
of
related
interest
rate
or
terms).
Florida
Green
Energy
Works
–
P rogram
Handbook
18
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32
v.
1.1.2012
3. The
applicant
can
reduce
the
scope
of
the
project
and
the
associated
amoun t
of
needed
financing
such
that
the
original
DSRF
gives
sufficient
coverage.
4. The
applicant
can
contribute
capital
(e.g.
internal
funds)
to
reduce
the
project
costs
such
that
the
remaining
amount
being
financed
is
sufficiently
covered
by
the
original
DSRF
e stimate.
8 .
Requesting
Funding
Disbursement
Funding
Disbursement
Types
After
a
Qualified
Contractor
has
completed
installation
of
the
Qualifying
Improvements
on
the
subject
property
or
has
reached
a
milestone
at
which
a
progress
payment
is
permitted
(see
“Progress
Payments”
below),
you
must
submit
a
funding
disbursement
request
and
the
Project
Verification
documents
listed
below
in
order
to
receive
funding
from
the
Program.
The
administrator
will
review
the
funding
request
and
the
Project
Verification
docum ents,
and
produce
Final
Program
forms.
The
Final
Program
forms
will
be
sent
to
you
within
five
(5)
business
days
after
you
have
submitted
a
funding
request
and
the
Project
Verification
documents.
You
must
return
the
executed
Final
Program
forms
to
the
adm inistrator
within
seven
(7)
calendar
days .
The
Project
Verification
documents
and
Final
Program
forms
are
listed
below.
Project
Verification
Documents
(submitted
by
you
with
your
funding
request)
a. A
signed
final
permit
inspection
from
the
appropriate
Cit y’s
Department
of
Building
Inspection
for
applicable
completed
projects
b. A
final
invoice
from
all
contractors
(or,
for
progress
payment,
an
invoice
stating
percentage
of
work
complete;
see
“Progress
Payments”
below.)
c. A
copy
of
any
applicable
rebates
or
ince ntives.
Final
Program
Forms
(to
be
executed
and
returned
by
you
within
7
days
of
receipt
from
the
Authority )
a. An
executed
and
notarized
Financing
Agreement
(by
all
property
owners
or
authorized
representatives).
By
executing
the
Financing
Agreement ,
you
ag ree
to
annex
the
subject
property
to
the
Energy
Improvement
District
and
to
pay
assessments
in
specified
amounts
for
the
period
specified
in
the
Financing
Agreement ,
consent
to
recordation
of
a
l ien
against
the
subject
property,
and
release
the
Authority,
the
participating
local
government
and
its
administrator
from
any
liability
associated
with
installation
of
the
Qualifying
Improvements
or
their
performance.
b. Utility
Authorization
to
Release
Information.
c. Payment
Assignment
Form,
if
the
payment
is
to
be
as signed
to
the
contractor.
Florida
Green
Energy
Works
–
P rogram
Handbook
19
of
32
v.
1.1.2012
When
the
Authority
has
received
all
required
documentation
from
you,
it
will
confirm
your
compliance
with
the
eligibility
requirements
(see
“Eligibility”
above).
The
timing
of
when
the
Authority
will
record
the
Financing
Agreement
and
lien
as
an
encumbrance
on
the
subject
property
is
determined
on
a
case -‐by -‐case
basis
according
to
the
terms
agreed
upon
between
the
Authority ,
the
property
owner,
and
the
project
lender .
The
Authority
will
document
the
bond
or
other
financing
transact ion
with
you
and
the
project
lender
identified
by
you,
and
approve
the
issuance
of
bonds
or
other
financing
for
purchase
by
the
project
lender .
All
funding
requests
will
be
deemed
final
upon
submission
of
the
required
documentation
listed
above
and
may
n ot
be
subsequently
changed.
In
the
event
a
property
owner
cancels
financing
after
a
request
for
funding
is
submitted
to
the
Authority ,
all
expenses
incurred
by
the
Authority
for
recording
tax
liens,
preparing
bond
or
other
financing
documents
and
removin g
tax
liens
will
be
the
responsibility
of
the
applicant.
The
Authority
will
terminate
the
lien
evidenced
by
recordation
of
the
Financing
Agreement
upon
receipt
of
reimbursement
from
the
applicant
for
these
expenses.
Table
1
–
Re lated
Disbursement
Request
Items
to
be
Submitted
Progress
Payment:
Final
Payment:
• Applicable
permit(s)
• Applicable
f inal iz ed
permit(s)
• Invoices,
cost
statements,
or
equivalent
from
contractors
showing
progress
• Final
invoices,
cost
statements,
or
equivalen t
from
contractors
• Copies
of
any
applicable
rebates
or
incentives
• Copies
of
any
applicable
rebates
or
incentives
• Check
made
out
to
the
Florida
Green
Finance
Authority
for
progress
payment
processing *
• Receipts,
statements,
purchase
orders,
or
other
eviden ce
of
actual
cost
for
items
not
covered
in
contractor
invoice
*Please
consult
the
Authority
for
amounts
listed
in
the
Program
Fee
Schedule.
If
the
property
owner
wishes
to
assign
payment
directly
to
the
contractor
that
has
performed
the
work
on
the
proje ct,
then
the
owner
must
also
submit
a
completed
Disbursement
Assignment
F orm
to
the
Program.
The
Program
will
review
the
submitted
Disbursement
Request
and
associated
items
within
five
(5)
business
days
and,
upon
approval,
issue
payment.
Progress
Payments
The
Authority
will
consider
making
progress
payments
in
certain
circumstances
on
a
case -‐by -‐case
basis.
In
general,
the
Authority
may
agree
to
make
progress
payments
before
the
installation
of
the
Qualifying
Improvements
is
complete
if
certain
criteria
are
met,
which
may
include
(i)
the
amount
financed
is
in
excess
of
a
Florida
Green
Energy
Works
–
P rogram
Handbook
20
of
32
v.
1.1.2012
minimum
amount,
(ii)
the
time
required
to
install
the
Qualifying
Improvements
exceeds
a
certain
length
of
time,
(iii)
the
amount
of
each
progress
payment
is
a
minimum
percentage
of
the
total
cost
of
the
Qualifying
Improvements
to
be
financed
by
the
Program
and
(iv)
based
on
a
certification
of
the
Qualified
Contractor,
the
percentage
of
the
total
amount
to
be
financed
that
will
have
been
disbursed
by
the
Authority
after
disbursement
of
the
pro gress
payment
will
not
exceed
the
percentage
of
the
installation
work
that
has
been
completed.
Program
Participation
Expiration
If
the
Authority
approves
your
application,
your
approval
will
be
effective
for
360
calendar
days.
Property
owners
that
receive
Program
approval
must
have
a
Qualified
Contractor
complete
installation
of
the
Qualifying
Improvements
on
the
subject
property
and
complete
the
financing
process
within
this
period.
If
you
fail
to
have
a
Qualified
Contractor
complete
the
installation
of
Q ualifying
Improvements
on
the
subject
property
within
the
reservation
period,
your
Program
approval
will
expire.
You
may
request
to
extend
your
Program
approval
prior
to
its
expiration
for
an
additional
90
days.
However,
you
will
have
to
pay
an
extension
f ee.
An
applicant
may
cancel
a
Program
approval
in
writing
during
the
360 -day
period,
but
will
forfeit
the
application
fee
(if
applicable)
and
the
opportunity
to
receive
funding
under
that
approval.
The
applicant
may
reapply
but
will
not
be
guaranteed
f unding
availability
and
will
need
to
pay
another
application
fee.
9 .
Quality
Assurance
and
Quality
Control
(QA/QC)
In
order
to
ensure
that
financed
property
improvements
are
properly
completed
and
are
able
to
deliver
expected
savings
and
benefits ,
the
Pr ogram
recommends
that
property
owners
either
participate
in
existing
utility
rebate
or
incentive
programs
(where
available
and
applicable)
that
have
their
own
verification/inspection
mechanisms,
or
submit
to
and
pay
for
other
third -‐party
site
inspections
(service
providers
may
be
retained
by
the
Program
for
this
purpose).
The
Program
and/or
the
partner
project
lender
may
require
additional
inspections
if
the
property
owner
requests
progress
payments
be
made
before
final
payment
–
also
at
additional
cost.
1 0 .
Measurement
and
Verification
(M&V)
The
Program
requires
p roperty
owners
to
enroll
in
the
free
energy
usage
tracking
and
benchmarking
service
called
ENERGY
STAR
Portfolio
Manager
which
provides
access
to
the
data
necessary
to
determine
how
the
installed
improve ments
are
performing
over
time,
and
how
their
building
is
performing
relative
to
its
peers.
Florida
Green
Energy
Works
–
P rogram
Handbook
21
of
32
v.
1.1.2012
The
Program
reserves
the
right
to
require
property
owners
to
utilize
additional
data
collection
tools
developed
for
the
Program
and
to
require
property
owne rs
to
grant
the
Authority
access
to
their
ENERGY
STAR
Portfolio
Manager
accounts
for
a
period
of
three
years
after
project
completion
so
that
the
Authority
can
analyze
project
performance
and
gauge
program
effectiveness .
Information
received
under
this
pr ovision
shall
remain
confidential.
P roperty
owner s
and
project
lenders
are
encouraged
to
conduct
more
detailed
performance
analysis
on
their
own
to
ensure
continued
cost
and
energy
savings.
11 .
Description
of
Bond/Legal
Documents
The
following
table
summ arizes
the
Program’s
major
legal
documents.
Table
5
–
Major
Bond/Legal
Documents
Document
Description
Timing
Form
of
Lender
Consent
Relates
to
a
property
owner’s
existing
mortgage
lender/lienholder,
whereby
that
existing
lender/lienholder
(i)
consent
to
the
levy
of
special
assessment s
and
the
creation
of
the
assessment
lien
and
(ii)
agrees
that
the
proposed
assessment
lien
will
not
constitute
an
event
of
default
of
trigger
the
exercise
of
any
remedies
under
the
loan
documents
in
force
between
the
existing
lender/lienholder
and
the
property
owner.
Part
of
Final
Application
Submission
Form
of
Financing
Agreement
Document
pursuant
to
which
the
property
owner
agrees
to
the
levy
of
assessments
for
purposes
of
the
issuance
by
the
Authority
of
an
assessment
bond
to
a
project
lender
and
which
is
recorded
in
the
real
property
records
to
provide
notice
of
a
lien
securing
payment
of
assessments
on
the
property.
Closing
Form
of
Bond
Purchase
Agreement
or
other
finance
agreement
A
contract
between
the
Authority
and
t he
lender,
pursuant
to
which
the
lender
(i)
agrees
to
purchase
an
assessment
bond
issued
by
the
Authority
and
(ii)
makes
representations
and
warranties
that
it
is
a
“qualified
investor”.
This
contract
also
reflects
the
basic
financing
terms
agreed
between
the
lender
and
the
property
owner.
Closing
12 .
Financing
Cost;
Interest
Rate
The
following
terms
are
helpful
in
understanding
the
Program’s
financing
structure.
Financing
Cost .
In
order
to
receive
funding,
you
will
agree
to
pay
assessments
in
an
amount
equal
to
(i)
the
principal
amount
you
received
through
the
Program,
(ii)
interest
on
the
principal
amount
you
received
through
the
Florida
Green
Energy
Works
–
P rogram
Handbook
22
of
32
v.
1.1.2012
Program
and
(iii)
initial
and
on -‐going
program
expenses
summarize d
in
Appendix
C .
The
Authority
expects
to
levy
assessments
on
your
property
tax
bill ,
although
it
reserves
the
right
to
bill
or
collect
assessments
separately .
Principal
Amount.
This
is
the
amount
equal
to
all
project
costs
you
choose
to
finance,
which
may
include
costs
associated
with
implementing
the
project
such
as
permits,
evaluation
expenses,
application
fee,
a n
applicable
deposit
to
a
debt
service
reserve
fund
if
required
and
capitalized
interest
(see
“Capitalized
Interest”
below).
Interest
Rate.
The
rate
of
interest
on
the
amount
of
funding
you
receive
will
be
negotiated
between
you
and
the
financial
institution
identified
by
you.
Capitalized
Interest .
Because
of
the
August
15 th
deadline
for
placing
the
assessments
on
the
property
tax
bill,
the
principal
component
of
the
assessment
may
also
include
th e
first
tax
year’s
installments
if
the
deadline
cannot
be
met.
Deposit
to
a
Debt
Service
Reserve
Fund.
A
d ebt
service
reserve
fund
(DSRF)
may
be
required
by
your
chosen
lender
as
additional
security
to
participating
financial
institutions
to
pay
debt
ser vice
on
the
bonds
in
the
event
of
late
payments
or
default
by
the
property
owners.
The
Authori ty
may
permit
property
owners
to
finance
a
reasonable
deposit
to
a
DSRF,
if
a
DSRF
is
required
by
the
lender
identified
by
you.
Initial
and
On -‐going
Program
Adm inistrative
Costs .
Program
Administrative
Costs
are
built
into
the
total
financed
amount
and
the
ongoing
assessment
requirement
(which
increases
the
effective
interest
rate
you
will
pay).
The
fees
for
any
specific
project
will
be
disclosed
and
agreed
to
prior
to
financing.
13 .
Important
Legal
Terms
Repayment
Terms
Following
recordation
of
the
Financing
Agreement ,
the
property
owner
will
be
obligated
to
pay
the
assessments
specified
in
the
Financing
Agreement .
Assessments
A
property
owner
must
pay
the
a greed -‐upon
assessments
regardless
of
personal
financial
circumstances,
the
condition
of
the
property,
or
the
performance
of
the
Qualifying
Improvements .
Do
not
apply
for
financing
if
you
are
not
certain
you
can
pay
the
assessments .
The
failure
to
pay
your
assessment
in
full
will
result
in
financial
repercussions,
including
penalties,
interest
and,
potentially,
foreclosure
of
your
property
by
the
Authority .
Florida
Green
Energy
Works
–
P rogram
Handbook
23
of
32
v.
1.1.2012
Foreclosure
Terms
If
you
use
an
escrow
account
to
pay
annual
property
taxes,
you
must
notify
your
esc row
company
of
your
assessment
payments.
You
will
need
to
increase
your
monthly
payments
to
the
escrow
account
by
an
amount
equivalent
to
your
annual
assessments
divided
by
12
months.
Compliance
with
Existing
Mortgages
Recordation
of
the
Financing
Agreeme nt
will
establish
a
continuing
lien
as
security
for
your
obligation
to
pay
assessments .
The
lien
securing
the
obligation
to
pay
assessments
will
be
senior
to
all
private
liens,
including
your
existing
purchase
mortgage(s).
Many
mortgage
and
loan
documents
limit
the
ability
of
a
property
owner
to
place
senior
liens
upon
property
without
the
consent
of
the
lender,
or
authorize
the
lender
to
obligate
you
to
prepay
the
senior
obligation.
Please
confirm
with
your
lender(s)
that
participation
in
the
Program
will
not
adversely
impact
your
rights
with
respect
to
any
existing
loan
documents,
or
obligate
you
to
prepay
your
assessments .
Property
owners
must
notify
the
lender
in
writing
and
receive
written
acknowledgment/consent
from
the
lender
prior
to
applying
to
the
Program.
The
Program
will
provide
lender
acknowledgment
/
consent
templates,
but
responsibility
for
addressing
issues
with
existing
lenders
is
the
property
owners’.
Transfer
or
Resale
of
the
Subject
Property
If
you
sell
your
property
prior
to
the
end
of
th e
agreed -‐upon
assessment
period,
the
new
owner
will
assume
the
assessment
obligation.
Ownership
of
any
Qualifying
Improvements
on
the
subject
property
will
transfer
to
the
new
owner
at
the
close
of
the
real
estate
sale;
Qualifying
Improvements
financed
th rough
the
Program
may
not
be
removed
from
the
property
until
the
bond
issued
by
the
Authority
to
finance
installation
of
the
Qualifying
Improvements
has
been
retired.
Program
participants
agree
to
make
all
legally
required
disclosures
about
the
existence
of
the
assessment
lien
on
the
property
in
connection
with
any
sale.
Rebates
and
Taxes
Participation
in
this
Program
does
not
reduce
rebates
available
through
federal,
State
or
local
rebate
programs.
Please
consult
with
your
tax
advisors
with
respect
to
th e
State
and
federal
tax
implications
of
participating
in
the
Program.
Neither
the
Authority
nor
the
administrator
is
responsible
for
the
State
or
federal
tax
consequences
of
participating
in
the
Program.
Changes
in
State
and
Federal
Law
The
Authority’s
a bility
to
issue
bonds
to
finance
the
Program
is
subject
to
a
variety
of
State
and
federal
laws.
If
those
laws
or
the
judicial
interpretation
thereof
were
to
change
after
you
have
applied
for
funding
(and,
thereafter,
incurred
the
cost
of
installation
in
an ticipation
of
Program
funding)
but
before
the
Authority
issues
a
Florida
Green
Energy
Works
–
P rogram
Handbook
24
of
32
v.
1.1.2012
bond
to
finance
your
funding
request,
the
Authority
may
be
unable
to
fulfill
your
funding
request.
The
Authority
shall
have
no
liability
as
a
result
of
any
such
change
in
law
or
judicial
inte rpretation .
Changes
in
the
Program
Terms;
Severability
The
Authority
reserves
the
right
to
change
these
Program
Terms
at
any
time
without
notice ;
however,
no
such
change
will
affect
your
obligation
to
pay
assessments
as
set
forth
in
the
Financing
Agreemen t .
Your
participation
in
the
Program
will
be
subject
to
the
Program
Terms
in
effect
from
time
to
time
during
your
participation.
If
any
provision
of
these
Program
t erms
is
determined
to
be
unlawful,
void,
or
for
any
reason
unenforceable,
then
that
provis ion
shall
be
deemed
severable
from
these
Program
t erms
and
shall
not
affect
the
validity
and
enforceability
of
any
remaining
provisions.
Disclosure
of
Property
Owner
Information
Property
owner
agrees
that
the
Authority
may
disclose
its
personal/corporate
information
submitted
as
part
of
the
Program
to
the
administrator,
and
that
the
Authority
and
the
administrator
may
disclose
the
property
owner’s
information
to
third
parties
when
such
disclosure
is
essential
to
the
conduct
of
the
Authority’s
business
or
t o
provide
services
to
the
property
owner,
including
but
not
limited
to
where
such
disclosure
is
necessary
to
(i)
comply
with
the
law,
legal
process
or
our
regulators,
and
(ii)
enable
the
Authority
or
the
administrator’s
employees
or
consultants
to
provide
services
to
the
property
owner
and
to
otherwise
perform
their
duties.
The
Program
will
not
provide
property
owner
information
to
third
parties
beyond
the
Program
administrative
team
for
any
telemarketing,
e -‐mail
or
direct
mail
solicitation.
All
propert y
owner
information
obtained
is
treated
with
great
care
in
order
to
protect
privacy
and
security.
You
further
agree
to
the
release
of
property
owner’s
name
and
contact
information
and
th e
property’s
utility
usage
data
to
the
Authority ,
its
grantors
and
i ts
designated
contractors
for
the
purpose
of
conducting
surveys
and
evaluation
of
the
Program.
Fraud
Giving
materially
false,
misleading
or
inaccurate
information
or
statements
to
the
Authority
or
its
employees
and
agents
(or
failing
to
provide
the
Authori ty
with
material
information)
in
connection
with
an
application
is
punishable
by
law.
Material
representations
include,
but
are
not
limited
to,
representations
concerning
the
project
costs,
ownership
structure
and
financial
information
relating
to
the
pro perty
and
the
applicant.
Florida
Green
Energy
Works
–
P rogram
Handbook
25
of
32
v.
1.1.2012
Exceptions
to
these
Terms
and
Provisions
The
Program
Administrator
may
make
exceptions
to
the
terms
and
provisions
detailed
in
this
handbook
where
there
is
a
finding
that
such
exception
furthers
the
goals
and
objectives
of
the
Flo rida
Green
Energy
Works
Program .
Consideration
of
an
exception
request
from
a
property
owner
may
involve
payment
of
the
Application
Fee
or
other
fees.
Florida
Green
Energy
Works
–
Program
Handbook
26
of
32
v.
1.1.2012
Appendix
A
–
Florida
Green
Energy
Works
Financing
Process
Florida
Green
Energy
Works
–
Program
Handbook
27
of
32
v.
1.1.2012
Appendix
B
–
Guidance
for
Selecting
Ener gy
Evaluator
Overview
The
commercial
building
energy
evaluation
and
audit
market
is
fragmented,
with
no
universally
accepted
standards
for
auditors.
Although
the
Program
does
not
endorse
specific
contractors
or
accreditation
programs,
it
has
compiled
this
guidance
to
serve
as
sugge sted
minimum
requirements
that
property
o wners
might
look
for
in
an
energy
auditor
in
the
commercial
sector.
Credentials/Qualifications
Although
the
following
credentials
and
qualifications
are
not
required,
the
more
of
these
th at
a
service
provider ’s
staff
has,
the
more
confident
you
can
be
in
their
knowledge,
experience
and
abilities:
• Florida
Professional
Engineering
License
(PE)
• ASHRAE
Building
Energy
Assessment
Professional
(BEAP)
Certification
• Certified
Energy
Manager
(CEM)
or
Certified
Energy
Auditor
(CEA)
from
the
Association
of
Energy
Engineers
(AEE)
• Multi -‐disciplinary
competence
(lighting,
HVAC,
refrigeration,
appliances)
• Years
of
directly
relevant
professional
experience
Recommendations/Questions
for
P rospective
Energy
Auditors
1. If
seeking
a
whole -‐building
energy
audit,
request
that
the
auditor
follow
the
ASHRAE
Level
1
and/or
2
audit
guidelines.
(This
is
a
requirement
of
the
Program
for
projects
that
include
multiple
improvements )
a. Ask
for
a
copy
of
previous
ASHRAE
Level
1
and
2
audits
that
they
have
completed.
b. Request
and
check
references
for
past
building
energy
audit
work.
2. Ask
about
training
a. A re
they
a
mechanical
engineer?
b. A
licensed
Professional
Engineer
(PE)?
c. A
Certified
Energy
Manager,
Certified
Energy
Auditor,
or
Certified
Lighting
Efficiency
Professional
through
the
Association
of
Energy
Engineers,
or
other
accredited
energy
audit
training
program?
3. Ask
about
active
involvement
with
relevant
professional
organizations
such
as
(in
alphabetical
order):
a. Association
o f
Energy
Engineers
(AEE)
b. American
Society
of
Heating
Refrigeration
and
Air -‐Conditioning
Engineers
(ASHRAE)
c. ENERGY
STAR
(U.S.
E.P.A.)
d. Illuminating
Engineering
Society
(IES)
e. U.S.
Green
Building
Council
(USGBC)
4. Be
clear
about
what
you
expect
as
the
outcome
fr om
the
building
evaluation
report.
You
may
want
to
specifically
ask
for
some
of
the
foll owing
products
or
services :
a. Actionable
recommendations
Florida
Green
Energy
Works
–
P rogram
Handbook
28
of
32
v.
1.1.2012
b. Realistic
treatment
of
utility
rates
and
energy
cost
savings
c. Transparent
(not
black
box)
analysis
d. Guidance
to
mor e
resources
to
assist
with
implementation
e. Credible
energy
and
cost
savings
estimates
f. Reasonable
cost
estimates
or
vendor
bids
g. Interactive
effects
of
multiple
improvements
h. Measurements
of
existing
systems
i. Logging
of
temperatures
or
base
case
energy
consump tion
j. Hourly
modeling
k. Project
design
specifications
l. Construction
management
services
m. Utility
incentive/rebate
application
assistance
5. Talk
to
your
CFO
and
discuss
with
your
evaluator
what
type
of
financial/economic
analysis
would
be
most
helpful
to
your
deci sion -‐making
process.
Inform
the
evaluator
that
the
Program
has
a
simple,
uniform
Energy
and
Cost
Savings
Analysis
template
(an
Excel
spreadsheet)
that
the
evaluator
can
use
to
present
the
energy
and
economic
data.
Other
Tips
for
the
Building
Audit
Process
1. Collect
all
as -‐built
mechanical,
electrical
and
plumbing
(for
water
audits)
plans
and
specs
that
you
have
accessible,
and
make
them
available
to
the
auditor.
2. Ask
your
property
manager
and
building
engineer
to
be
present
at
the
building
audit.
3. Contact
your
utility
account
representative
to
coordinate
incentives
for
your
project.
4. You
may
want
to
involve
vendors
that
you
typically
rely
on,
or
have
existing
contracts
with,
such
as
controls
companies,
HVAC
service
companies,
or
lighting
companies.
They
can
prov ide
cost
estimates
for
proposed
retrofits.
Florida
Green
Energy
Works
–
P rogram
Handbook
29
of
32
v.
1.1.2012
Appendix
C
–
Energy
Evaluat ion
Types
Overview
This
appendix
contains
a
description
of
four
levels
of
building
energy
evaluation
that
are
commonly
used
in
the
energy
efficiency
industry.
They
are
intended
to
help
address
questions
that
property
o wners
may
face
when
they
decide
to
undertake
an
energy
efficiency,
renewable
energy ,
or
water
conservation
project.
Industry
Standard
Audit
Formats
While
there
is
no
single
approach
to
conducting
building
evaluations ,
there
are
widely
accepted
industry
standard
audit
formats.
Depending
on
the
size
of
the
building,
scope
of
the
energy
efficiency
measure(s),
and
the
complexity
of
systems,
one
can
specify
a
Targeted
Audit,
or
American
Society
of
Heating
Refrigeration
and
Air -‐Co nditioning
Engineers
(ASHRAE)
Level
1 ,
2 ,
or
3
audit.
Costs
of
audits
are
dependent
on
these
variables
as
well.
Targeted
Audit
In
a
Targeted
Audit,
the
analysis
need
only
account
for
the
energy
use
of
the
system
of
concern,
rather
than
the
energy
use
of
t he
whole
building.
This
approach
is
generally
used
for
larger,
single -‐system
projects.
For
example,
this
approach
may
be
used
for
a
project
to
replace
only
a
cooling
tower
that
is
part
of
a
building’s
chilled
water
system.
In
this
example,
only
the
chilled
water
system
would
be
examined
in
the
targeted
audit.
In
addition
to
reporting
the
same
minimum
building
and
Energy
Conservation
Measure
(ECM)
information
as
above,
this
approach
also
includes
an
estimate
of
the
base
case
energy
use
of
the
targeted
syst em.
In
the
example
above,
the
Targeted
Audit
should
include
the
base
case
energy
use
estimate
of
the
combined
cooling
tower
and
chilled
water
plant.
ASHRAE
Level
1 ,
2 ,
and
3
Audits
The
ASHRAE
evaluation
summary
below
lays
out
basic
parameters
for
performi ng
varying
degrees
of
a
whole
building
audit.
For
more
precise
guidelines
see
the
ASHRAE
Publication
“Procedures
for
Commercial
Building
Energy
Audits”
(available
from
the
ASHRAE
online
bookstore
at
http://www.ashrae.org ).
Level
I
to
III
designations
are
based
on
increasing
level
of
detail,
depth,
and
cost.
Each
evaluation
level
includes
an
initial,
preliminary
analysis
that
compares
the
building
energy
use
to
similar
building
stock
based
on
the
energy
use
intensity
(EU I
in
kWh/sq
ft
or
kBTU/sq
ft).
Please
see
additional
descriptions
and
components
of
these
energy
audit
types
in
Table
2 ,
Table
3 ,
and
Table
4 ,
below.
Florida
Green
Energy
Works
–
P rogram
Handbook
30
of
32
v.
1.1.2012
Table
2
–
ASHRAE
Energy
Audit
Level
Descriptions
ASHRAE
Audit
Level
Audit
Description
Level
1
Walk -through
analysis
Brief
review
of
building
systems
with
primarily
qualitative
results.
Level
2
Energy
Survey
and
Engineering
Analysis
Includes
identification
of
energy
efficiency
improvements
with
estimates
of
energy
and
cost
savings
for
capital
projects.
Level
3
Detailed
Analysis
of
Capital -intensive
Modifications
Includes
more
detailed
calculations
based
on
monitored
end
use
data
or
hourly
building
simulati ons.
Also
includes
more
detailed
project
specifications
for
retrofits.
Table
3
–
ASHRAE
Energy
Audit
Activities
Audit
Level
Audit
Activity
1
2
3
Walk -‐through
survey
Identify
low -‐cost/no -‐cost
recommendations
Identify
capital
i mprovements
Review
mech.
&
elec.
design,
condition
and
O&M
p ractices
Measure/Monitor
key
p arameters
Analyze
capital
improvements
(savings
&
costs
inc.
interaction)
Additional
testing/monitoring
Detailed
system
modeling
Schematic
layouts
for
recommendations
Meet
with
owner
to
review
recommendations
Table
4
–
ASHRAE
Energy
Audit
Report
Components
Audit
Level
Audit
Report
Componen t
1
2
3
Estimate
savings
from
utility
rate
c hange
Compare
energy
use
intensity
(EUI )
to
s imilar
s ites
Summarize
utility
d ata
Estimate
s avings
if
EUI
met
t arget
Preliminary
end -‐use
b reakdown
Detailed
end -‐use
b reakdown
Estimate
low -‐cost
/
no -‐cost
savings
Estimate
capital
project
costs,
savings
Complete
bldg
description
&
equipment
inventory
Detailed
description
of
recommendations
Recommended
monitoring
&
v erification
(M&V)
method
Specifications
and
schematics
of
all
recommendations
Florida
Green
Energy
Works
–
P rogram
Handbook
31
of
32
v.
1.1.2012
Minimum
Data
Requirements
For
all
projects,
regardless
of
size
or
audit
type,
the
energy
analysis
or
evaluation
report
should,
at
a
minimum,
provide
the
following
key
parameters
in
an
easy -‐t o -‐identify
summary
table.
Note:
Some
of
these
requirements
are
included
in
a
Level
I
Energy
Evaluation
while
others
augment
the
requirements
in
a
Level
1
Evaluation .
For
the
building
overall:
• Description
of
the
Project
and
facilities
affected
by
the
Proj ect
• The
square
footage
for
conditioned
space
by
space
type
(e.g.
office,
retail,
industrial,
schools,
hospital,
high
tech,
etc)
• The
historical
annual
energy
consumption
by
fuel
type
(e.g.
electricity
kWh,
natural
gas
therms)
for
at
least
one
year
• The
histo rical
annual
energy
cost
by
fuel
type
• The
applicable
utility
rate
schedule(s)
For
each
proposed
Energy
Conservation
Measure
(ECM):
• Measure
description
(including
specifications,
as
appropriate)
• Estimated
annual
energy
consumption
savings
(e.g.
kWh,
therms ,
kBTU)
based
on
specific
application
(not
manufacturer’s
generic,
average
estimate)
• Estimated
peak
demand
savings
(kW)
• Estimated
operations
and
maintenance
savings
(if
applicable)
• Estimated
measure
utility
cost
savings
• Estimated
measure
cost
• Calculated
m easure
simple
pay
back
• Measure
Equipment
Useful
Lifetime
(from
approved
measure
list
if
available)
Florida
Green
Energy
Works
–
Program
Handbook
32
of
32
v.
1.1.2012
Appendix
D
–
Program
Costs/Fees
This
appendix
contains
a
summary
of
the
direct
and
indirect
program
costs
and
fees.
Some
of
these
are
mandatory
fees,
wherea s
a
few
are
conditional
depending
on
what
improvements
are
being
undertaken,
what
rebate
or
incentive
programs
are
being
utilized,
and
what
method
of
property
valuation
is
chosen.
Most
of
these
can
be
included
in
the
financing.
<<
See
attached
Program
Fe e
Schedule
Tables
>>
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MEMORANDUM
TO:Mayor and City Commissioners
FROM:David T. Harden, City Manager
DATE:June 15, 2012
SUBJECT:AGENDA ITEM 8.N. - REGULAR COMMISSION MEETING OF JUNE 19, 2012
RESOLUTION NO. 28 -12
ITEM BEFORE COMMISSION
This is a resolution assessing costs for abatement action required to remove nuisances on 24 propertie s
throughout the City.
BACKGROUND
The resolution sets forth the actual costs incurred and provides the mechanisim to attach liens agains t
the properties if the assessments remain unpaid.
RECOMMENDATION
Recommend approval of Resolution No. 28-12.
RESOLUTION NO. 28-12
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, PURSUANT TO CHAPTER 100 OF T HE
CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH,
ASSESSING COSTS FOR ABATING NUISANCES UPON CERTAIN
LAND(S) LOCATED WITHIN THE CITY OF DELRAY BEACH AND
PROVIDING THAT A NOTICE OF LIEN SHALL ACCOMPANY THE
NOTICE OF ASSESSMENT; SETTING OUT ACTUAL COSTS
INCURRED BY THE CITY TO ACCOMPLISH SUCH ABATEMENT A ND
LEVYING THE COST OF SUCH ABATEMENT OF NUISANCES;
PROVIDING FOR AN EFFECTIVE DATE AND FOR A DUE DATE
AND INTEREST ON ASSESSMENTS; PROVIDING FOR THE
RECORDING OF THIS RESOLUTION, AND DECLARING SAID LE VY
TO BE A LIEN UPON THE SUBJECT PROPERTY FOR UNPAID
ASSESSMENTS.
WHEREAS, the City Manager or his designated representative ha s, pursuant to
Chapter 100 of the Code of Ordinances, declared the exi stence of a nuisance upon certain lots or
parcels of land, described in the list attached hereto and made a part hereof, for violation of the
provisions of Chapter 100 of the Code of Ordinances; and,
WHEREAS, pursuant to Section 100.21 and 100.22 of the Code of Ordinances of
the City of Delray Beach, the City Manager or his de signated representative has inspected said
land(s) and has determined that a nuisance existed in ac cordance with the standards set forth in
Chapter 100 of the Code of Ordinances, and did furnish t he respective owner(s) of the land(s)
described in the attached list with written notice of public nuisance pursuant to Sections 100.21 and
100.22 of the Code of Ordinances describing the nature of the nuisance(s) and sent notice that
within seven (7) days from the date of said notice (fo rty-two (42) days in the case of violation of
Section 100.04 pertaining to seawalls) they must ab ate said nuisance, or file a written request for a
hearing to review the decision that a nuisance exist ed within five (5) days from the date of delivery
of said notice, failing which the City of Delray Bea ch would proceed to correct this condition by
abating such nuisance, and that the cost thereof wou ld be levied as an assessment against said
property; and,
WHEREAS, the property owner(s) named in the list attached her eto and made a part
hereof did fail and neglect to abate the nuisance(s) existing up on their respective lands or to properly
request a hearing pursuant to Section 100.21 and 100 .22 within the time limits prescribed in said
notice and Chapter 100 of the Code of Ordinances, or i f the property owner(s) did request and
receive a hearing, said property owner(s) failed and/or neglect ed to abate such nuisance(s) within the
time designated at the hearing wherein a decision was rendered adverse to the property owner(s);
and,
2
Res. No. 28-12
WHEREAS, the City of Delray Beach, through the City Administ ration or such
agents or contractors hired by the City Administratio n was therefore required to and did enter upon
the land(s) described in the list attached and made a pa rt hereof and incurred costs in abating the
subject nuisance(s) existing thereon as described in the noti ce; and,
WHEREAS, the City Manager of the City of Delray Beach has, pursuant to Chapter
100 of the Code of Ordinances of the City of Delray B each, submitted to the City Commission a
report of the costs incurred in abating said nuisance (s) as aforesaid, said report indicating the costs
per parcel of land involved; and,
WHEREAS, the City Commission of the City of Delray Beach, p ursuant to Chapter
100 of the Code of Ordinances desires to assess the c ost of said nuisance(s) against said property
owner(s),
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISS ION OF
THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That assessments in the individual amounts as shown by the report of the
City Manager of the City of Delray Beach, involving the City's cost of abating the aforesaid
nuisances upon the lots or parcels of land described i n said report, a copy of which is attached
hereto and made a part hereof, are hereby levied agai nst the parcel(s) of land described in said report
and in the amount(s) indicated thereon. Said assessmen ts so levied shall, if not paid within thirty
(30) days after mailing of the notice described in Sec . 3, become a lien upon the respective lots and
parcel(s) of land described in said report, of the same nature and to the same extent as the lien for
general city taxes and shall be collectible in the s ame manner as mortgages and foreclosures are
under state law.
Section 2. That such assessments shall be legal, valid and bin ding obligations upon
the property against which said assessments are levied.
Section 3 . That the City Clerk of the City of Delray Beach i s hereby directed to
immediately mail by first class mail to the owner(s) of the property, as such ownership appears upon
the records of the County Tax Assessor, notice(s) th at the City Commission of the City of Delray
Beach at the June 19, 2012 meeting has levied an assessment against said proper ty for the cost of
abatement of said nuisance by the City, and that said a ssessment is due and payable within thirty (30)
days after the mailing date of said notice of assessme nt, after which a lien shall be placed on said
property, and interest will accrue at the rate of 8% per annum, plus reasonable attorney's fees and
other costs of collecting said sums. A Notice of Li en shall be mailed, along with the Notice of
Assessment and this resolution.
Section 4. That this resolution shall become effective thirt y (30) days from the date
of adoption and the assessment(s) contained herein sha ll become due and payable thirty (30) days
after the mailing date of the notice of said assessme nt(s), after which a lien shall be placed on said
3
Res. No. 28-12
property(s), and interest shall accrue at the rate o f eight (8) percent per annum plus, if collection
proceedings are necessary, the costs of such proceedings incl uding a reasonable attorney's fee.
Section 5. That in the event that payment has not been recei ved by the City Clerk
within thirty (30) days after the mailing date of t he notice of assessment, the City Clerk is hereby
directed to record a certified copy of this resolution in the public records of Palm Beach County,
Florida, and upon the date and time of recording of the certified copy of this resolution a lien shall
become effective on the subject property which shal l secure the cost of abatement, interest at the
rate of 8%, and collection costs including a reasonable attor ney's fee.
PASSED AND ADOPTED in regular session on this 19 th day of June, 2012.
________________________________________
M A Y O R
ATTEST:
____________________________________
City Clerk
This instrument was prepared by:
Brian Shutt, City Attorney
200 N.W. 1 st Avenue
Delray Beach, Florida 33444
COST OF ABATING NUISANCES UNDER CHAPTER 100
OF THE CODE OF ORDINANCE
PROPERTY DESCRIPTIONOWNER
7 SW 9TH STREET
BELLVIEW COURT LOT 1
PCN 12 43 46 20 15 000 0010
CASE NO. NA12-23921
Laurent Gillot
4214 NW 1st Place
Deerfield Beach, FL 33442 140.00 $ Invoice No. 37733
55.00 $ Admin Fee
195.00 $
VAC LOT N OF 2955 FLORIDA BLVD
TROPIC ISLE 3RD SECTION
LOTS 411 & 412
PCN 12 43 46 28 03 000 4110
CASE NO. RN11-22746
Katharine D. Martens
589 Deerfield Drive
Melbourne, FL 32940 189.50 $ Invoice No. 37732
55.00 $ Admin Fee
244.50 $
322 SW 5TH AVENUE
TOWN OF DELRAY N 50 FT OF S 356.4 FT OF
E 135 FT OF BLOCK 24
PCN 12 43 46 16 01 024 0040
CASE NO. NA12-23862
Maurice and Patricia Lord
8454 NW 14th Street
Coral Springs, FL 33071 100.00 $ Invoice No. 37734
55.00 $ Admin Fee
155.00 $
413 SW 15TH AVENUE
CARVER PARK LOT 10 BLOCK 3
PCN 12 43 46 17 41 003 0100
CASE NO. RN11-21642
Lizzie McDowell
413 SW 15th Avenue
Delray Beach, FL 33444 102.70 $ Invoice No. 37731
55.00 $ Admin Fee
157.70 $
VAC LOT ON ZEDER AVENUE
SOUTHRIDGE LOT 22 BLOCK 10
PCN 12 43 46 20 13 010 0220
CASE NO. NA11-23131
Bradley and Pamela Brooks
139 Gregory Place
West Palm Beach, FL 33405-5027 75.00 $ Invoice No. 37735
55.00 $ Admin Fee
130.00 $
VAC TRACT ON NW 18TH AVENUE
NORJAC PAR A
PCN 12 43 46 18 49 000 0010
CASE NO. NA12-24740
RBC Bank USA
% Corporation Service Co, R/A
1201 Hays Street
Tallahassee, FL 32301-2525 80.00 $ Inv. No. 37736
55.00 $ Admin Fee
135.00 $
ASSESSMENT
VIOLATION IS: SECTION 100.01 –LAND TO BE KEPT FREE OF DEBRIS,
VEGETATION, AND MATTER CONSTITUTESHAZARDS; DECLARED NUISANCE
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PROPERTY DESCRIPTIONOWNER
712 AVENUE CHAUMONT
CHATELAINE NO. 1 LOT 10 BLOCK 5
PCN 12 42 46 12 03 005 0100
CASE NO. NA11-22231
US BANK National Assoc. Tr.
% Aldridge Connors LLC
7000 W. Palmetto Park Road #307
Boca Raton, FL 33433-3430 151.10 $ Invoice No. 37737
55.00 $ Admin Fee
206.10 $
41 SW 7TH AVENUE
TOWN OF DELRAY S 55 FT OF N 540 FT OF W
135 FT OF BLOCK 13
PCN 12 43 46 16 01 013 0070
CASE NO. RN12-24046
James Gross
3646 Blue Dawn Drive
North Las Vegas, NV 89032
and
James Gross
41 SW 7th Avenue
Delray Beach, FL 33444 80.00 $ Invoice No. 37738
55.00 $ Admin Fee
135.00 $
238 SW 6TH AVENUE
TOWN OF DELRAY LOTS 32 AND 33 BLOCK 15
PCN 12 43 46 16 01 015 0320
CASE NO. NA11-22107
Advantage Plus Mortgage Inc.
% Michael J. McGoey, Reg. Agt.
639 East Ocean Avenue #101
Boynton Beach, FL 33435 187.50 $ Invoice No. 37739
55.00 $ Admin Fee
242.50 $
390 SE 2ND AVENUE
TOWN OF DELRAY S 150 FT E OF RY BLOCK, 80
PCN 12 43 46 16 01 080 0140
CASE NO. NA12-23998
Right Angle Property, LLC
% Corinne Fitzsimons, R/A
540 NW 11th Avenue
Boca Raton, FL 33486-3458 80.00 $ Invoice No. 37741
55.00 $ Admin Fee
135.00 $
586 NW 46TH AVENUE
PINE TRAIL SEC 1 N 1/2 OF LOT 3 BLOCK 3
PCN 12 42 46 12 04 003 0031
CASE NO. NA11-21515
Eldert Boerckel Estate
525 NW 46th Avenue
Delray Beach, FL 33445-2114
87.00 $ Invoice No. 37743
55.00 $ Admin Fee
142.00 $
ASSESSMENT
VIOLATION IS: SECTION 100.01 –LAND TO BE KEPT FREE OF DEBRIS,
VEGETATION, AND MATTER CONSTITUTESHAZARDS; DECLARED NUISANCE
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PROPERTY DESCRIPTIONOWNER
1107 SW 7TH AVENUE
RIDGEWOOD HEIGHTS DELRAY
N 35 FT OF LOT 3 BLOCK D
PCN 12 43 46 20 20 004 0032
CASE NO. RN11-22139
Pinot IV LLC
Dept. 5193
P.O. Box 2153
Birmingham, AL 35297 97.85 $ Invoice No. 37740
55.00 $ Admin Fee
152.85 $
702 SE 4TH AVENUE
OSCEOLA PARK LOT 1 BLOCK 8
PCN 12 43 46 21 01 008 0010
CASE NO. NA12-23838
Edwina Jolly
702 SE 4th Avenue
Delray Beach, FL 33483-3411 80.00 $ Invoice No. 37744
55.00 $ Admin Fee
135.00 $
203 NW 5TH AVENUE
PJB LLC PLAT LOT 2
PCN 12 43 46 17 63 000 0020
CASE NO. RN11-22333
Teresa Machado
12850 SW 189th Street
Miami, FL 33177
100.00 $ Invoice No. 37745
55.00 $ Admin Fee
155.00 $
120 SW 3RD AVENUE
TOWN OF DELRAY
S 23.5 FT OF LOT 11 AND LOT 12 OF N 1/2 OF
BLOCK 38
PCN 12 43 46 16 01 038 0112
CASE NO. NA12-24008
Corine Meadows
120 SW 3rd Avenue
Delray Beach, FL 33444 140.00 $ Invoice No. 37746
55.00 $ Admin Fee
195.00 $
230 & 232 SW 12TH AVENUE
ATLANTIC PARK GARDENS DELRAY
LOT 20 BLOCK 4
PCN 12 43 46 17 18 004 0200
CASE NO. NA11-21625
ACME Real Estate Associates
% John Foss
3140 Sherwood Blvd.
Delray Beach, FL 33445 90.00 $ Invoice No. 37747
55.00 $ Admin Fee
145.00 $
ASSESSMENT
VIOLATION IS: SECTION 100.01 –LAND TO BE KEPT FREE OF DEBRIS,
VEGETATION, AND MATTER CONSTITUTESHAZARDS; DECLARED NUISANCE
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PROPERTY DESCRIPTIONOWNER
607 SW 9TH STREET
DELRAY MANOR ADD TO DELRAY E 20 FT OF
LOT 106 & W 40 FT OF LOT 107
PCN 12 43 46 20 12 000 1061
CASE NO. NA11-21576
Eric Mc Cabe
2559 Webb Avenue #3
Delray Beach, FL 33444 80.00 $ Inovice No. 37748
55.00 $ Admin Fee
135.00 $
4834 NW 6TH COURT
PINE TRAIL SEC II E 1/2 OF LOT 12 BLOCK 3
PCN 12 42 46 12 08 003 0122
CASE NO. RN12-23651
Rodolphe Jozile
4899 NW 6th Street
Delray Beach, FL 33445 80.00 $ Invoice No. 37749
55.00 $ Admin Fee
135.00 $
1331 PROSPECT STREET
JEFFERSON MANOR LOT 32
PCN 12 43 46 17 24 000 0320
CASE NO. NA11-20785
Erica Pleasanton and
Keith Southworth
1331 Prospect Street
Delray Beach, FL 33444
and
Erica Pleasanton and
Keith Southworth
1121 Green Creek Road
Bakersville, NC 28705-9794 97.50 $ Invoice No. 37750
55.00 $ Admin Fee
152.50 $
169 SE 6TH AVENUE
TOWN OF DELRAY LOTS 16 THRU 18
(LESS W 5 FT) B BLOCK 118
PCN 12 43 46 16 01 118 0162
CASE NO. NA11-20989
Delray Townhomes, LLC
%Leopold, Korn & Leopold, P.A.
20801 Biscayne Blvd. #501
North Miami Beach, FL 33180 191.50 $ Invoice No. 37751
55.00 $ Admin Fee
246.50 $
430 SE 1ST AVENUE
GRIFFIN GATE LOT 2-A
PCN 12 43 46 21 61 000 0021
CASE NO. NA11-21018
Timothy H. Schnellenberger
542 13th Street
West Palm Beach, FL 33401-2604 127.75 $ Invoice No. 37752
55.00 $ Admin Fee
182.75 $
ASSESSMENT
VIOLATION IS: SECTION 100.01 –LAND TO BE KEPT FREE OF DEBRIS,
VEGETATION, AND MATTER CONSTITUTESHAZARDS; DECLARED NUISANCE
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PROPERTY DESCRIPTIONOWNER
801 SE 4TH AVENUE
MODEL LAND COS SUB OF W 1/2 E 128.5 FT OF
W 153 FT OF N 75 FT OF S 145 FT OF LOT 9
BLOCK 1
PCN 12 43 46 21 09 001 0220
CASE NO. NA11-22023
Regina Jolly
801 SE 4th Avenue
Delray Beach, FL 33483 67.12 $ Invoice No. 37753
55.00 $ Admin Fee
122.12 $
640 JAEGER DRIVE
TROPIC PALMS PLAT NO. 1 LOT 184
PCN 12 43 46 29 02 000 1840
CASE NO. NA11-19796
Michael Longo
309 Gulfstream Drive
Delray Beach, FL 33444 91.50 $ Invoice No. 37754
55.00 $ Admin Fee
146.50 $
4874 NW 5TH STREET
PINE TRAIL SEC II W 1.27 FT OF LOT 2 & LOT 3
(LESS W 41.27 FT) BLOCK 4
PCN 12 42 46 12 08 004 0021
CASE NO. NA12-24928
Shafraz Hassan
662 SW 3rd Avenue
Boynton Beach, FL 33426 80.00 $ Invoice No. 37756
55.00 $ Admin Fee
135.00 $
ASSESSMENT
VIOLATION IS: SECTION 100.01 –LAND TO BE KEPT FREE OF DEBRIS,
VEGETATION, AND MATTER CONSTITUTESHAZARDS; DECLARED NUISANCE
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MEMORANDUM
TO:Mayor and City Commissioners
FROM:Jasmin Allen, Planner
Paul Dorling, AICP, Director of Planning and Zoning
THROUGH:City Manager
DATE:June 14, 2012
SUBJECT:AGENDA ITEM 8.O. - REGULAR COMMISSION MEETING OF JUNE 19, 2012
REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS
ITEM BEFORE COMMISSION
The action requested of the City Commission is revi ew of appealable actions which were taken by
various Boards during the period of June 5, 2012 th rough June 15, 2012.
BACKGROUND
This is the method of informing the City Commission of the land use actions taken by designated
Boards which may be appealed to the City Commission . After this meeting, the appeal period shall
expire (unless the 10 day appeal period has not occ urred). Section 2.4.7(E), Appeals, of the LDRs
applies. In summary, it provides that the City Comm ission hears appeals of actions taken by an
approving Board. It also provides that the City Com mission may file an appeal. To do so:
· The item must be raised by a Commission member.
· By motion, an action must be taken to place the ite m on the next meeting agenda of the
Commission as an appealed item.
REVIEW BY OTHERS
Site Plan Review and Appearance Board Meeting of Ju ne 13, 2012
A. Approved (7 to 0), a request for a color change for Rotelli Pizza & Pasta , located at the northeast
corner of NE 5 th Avenue and East Atlantic Avenue (501 East Atlantic Avenue).
B. Approved (7 to 0), a color change request for two s tructures located at 393 NE 5 th Avenue
(southeast corner of NE 5 th Avenue and NE 4 th Street).
C. Approved (7 to 0), a Class II site plan modificatio n, landscape plan and architectural elevations
associated with the construction of a utility shed and modifications to the recreational facilities fo r
The Franklin at Delray Beach , located on the west side of South Federal Highway , approximately
320 feet south of SE 10 th Street and north of the Plaza at Delray.
D. Approved with conditions (7 to 0), a Class IV site plan modification, landscape plan and
architectural elevations associated with the constr uction of a 23,740 square foot building addition
and outdoor seating area at the Harbor Plaza , located at the northeast corner of South Federal
Highway and Linton Boulevard. Concurrently, the Boa rd approved a waiver to Section 4.6.9(D)(3)
(C)(1) reducing the stacking distance from the requ ired 50 feet to 21.4 feet for the parking facility
that contains 51 or more parking spaces.
E. Tabled (7 to 0), a Class I site plan modification a ssociated with the installation of accordion
shutters for an existing commercial building locate d at 1501 North Federal Highway (east side of
North Federal Highway, north of NE 14 th Street).
F. Approved with condition (6 to 0, Rustem Kupi steppe d down), a Class II site plan modification
associated with architectural elevations and landsc ape changes for an existing commercial building
located at 814 NE 6 th Avenue (west side of NE 6 th Avenue, north of George Bush Boulevard).
G. Approved with conditions (6 to 1, Alice Finst disse nting), a Class III site plan modification
associated with the conversion of 4,104 sq. ft. vac ant restaurant and warehouse bay building to
office for Top Stop Music Office Building , located at the southeast corner of SE 4 th Avenue and
SE 1 st Street (101 SE 4 th Avenue). The landscape plan and architectural elev ations were approved
on a 7 to 0 vote.
H. Tabled (7 to 0), a Class V site plan, landscape pla n and architectural elevation plan associated with
a 3-phase development for Village Square , located on the east side of Auburn Avenue between
SW 7th Street and SW 10th Street. Phase I includes the construction of a 3-story senior citizen
building containing 42 one-bedroom units and 42 two -bedroom units and a club house, pool, and
putting green. Phase II includes the construction o f a clubhouse and six 3-story buildings with a
mix of 6 one-bedroom units, 66 two-bedroom units, 4 8 three-bedroom units, and 24 four-bedroom
units, (total of 144 units). Phase III includes the construction of 11 three-bedroom for-sale single-
family homes and 14 three-bedroom for-sale duplex u nits.
Historic Preservation Board Meeting of June 6, 2012
1. Approved with conditions (5 to 0, Annette Smith and Ana Maria Aponte absent), a request for a
Certificate of Appropriateness associated with the installation of a new fence on a contributing
property located at 418 NE 2 nd Avenue, Del Ida Park Historic District .
2. Approved (5 to 0), a Class II site plan modificatio n and a request for a Certificate of
Appropriateness for the installation of three parki ng spaces and alterations to a non-contributing
building, located at 20 West Atlantic Avenue, Old School Square Historic District .
3. Approved with conditions (5 to 0) a request for a C ertificate of Appropriateness and Master Sign
Plan for a contributing, multi-tenant commercial bu ilding located 44 East Atlantic Avenue,Old
School Square Historic District .
No other appealable items were considered by the Hi storic Preservation Board. The following item
which was considered by the Board will be forwarded to the City Commission for action:
4. Recommend to the City Commission approval of the final Tax Exemption application for the new
construction of an accessory structure on a contrib uting property located at 109 Fern Court, Del
Ida Park Historic District.
RECOMMENDATION
By motion, receive and file this report.
Attachment: Location Map
MEMORANDUM
TO:Mayor and City Commissioners
FROM:Michael Vinci, Planner
Paul Dorling, AICP, Director of Planning and Zoning
THROUGH:City Manager
DATE:June 13, 2012
SUBJECT:AGENDA ITEM 9.A. - REGULAR COMMISSION MEETING OF JUNE 19, 2012
APPEAL OF SITE PLAN REVIEW AND APPEARANCE BOARD ACTION: FIRESTONE AT
DELRAY
ITEM BEFORE COMMISSION
The action requested of the City Commission is cons ideration of an appeal of the Site Plan Review and
Appearance Board's (SPRAB) denial of a Class I site plan and architectural elevation change for
Firestone, located at 5190 W. Atlantic Avenue.
At its meeting of April 25, 2012, the Site Plan Rev iew and Appearance Board (SPRAB) considered a
Class I site plan modification, and architectural e levations changes associated with the replacement o f
existing service bay doors for Firestone. The exist ing doors are glass panel, and the proposed doors a re
industrial steel. The SPRAB tabled the proposal wit h the direction that the applicant provide a door
design that is less industrial in appearance. At it s meeting of May 9, 2012, the SPRAB reviewed the
alternative design presented by the applicant which contained a more decorative appearance. The Board
felt that the proposed design was still too industr ial and was not compatible giving the site visibili ty
from Atlantic Avenue, and denied the proposal (0-5).The applicant submitted an appeal request on May
16, 2012.
This request is being processed pursuant to LDR Sec tion 2.4.7(E)[Appeals].
BACKGROUND
The subject property, which is located on the south side of West Atlantic Avenue approximately 645 ’
feet west of Military Trail, was developed in Palm Beach County and annexed into the City of Delray
Beach in April 1991 per Ordinance #7-91. The 7,072 sq. ft. building, which was built in 1985, contains
an automobile repair service center (Firestone). Th e applicant now is seeking to replace the four (4)
glass service bay doors which face Atlantic Avenue.
On April 25, 2012, the Site Plan Review and Appeara nce Board (SPRAB) tabled a proposal to replace
the existing service bay doors for Firestone. At it s meeting of May 9, 2012, the SPRAB reviewed an
alternative design and unanimously denied the propo sal.
APPEAL
On May 16, 2012, Douglas E. Farley (Firestone) file d an appeal with the City Clerk’s office. The appeal
lists the following grounds for overturning the SPR AB denial:
1. The existing full vision glass service bay do ors do not comply with Florida Building Code due to
hurricane wind load restrictions. The only availabl e commercial service bay doors that comply with
Florida Code are solid steel service bay doors.
2. The solid steel service bay doors are in conf ormity with good taste, good design and appearance
with typical service bay doors commonly used at aut o service centers located in South Florida.
3. The existing full vision glass service bay do ors are in excess of thirty years old; they no long er
conform to hurricane wind load requirements, and re present a serious safety concern for our customers
and teammates.
4. Our other Delray Beach Firestone store locate d at 217 SE 6th Avenue was reviewed before the
same SPRAB meeting on May 19, 2012, and was approve d for new solid steel service bay doors exactly
like the doors proposed for our 5190 W. Atlantic Av enue store.
5. The Goodyear store located at 4715 W. Atlanti c Avenue, and not more than one half mile from our
W. Atlantic store, has solid blue steel service bay doors in accordance with Florida Building Code and
therefore we should be permitted to use the same ty pe of service bay doors (see enclosed photo).
6. Our normal operating hours are from 7:00 AM t o 7:00 PM each day, during these hours the service
bay doors remain open and are not visible.
“In conclusion, it is our professional opinion that the SPRAB did not take into consideration the State of
Florida Building Code, and thus rejected our propos al based upon their desire to have the service bay
doors contain some amount of glass in direct confli ct with the Florida Building Code. Enclosed is a
photo of the existing service bay doors, and an art ist rendering of the new solid steel service bay do ors
for consideration, and ask that the recommendation of denial by the Board be overturned.”
The Board did take the State of Florida Building Co de into consideration when rendering their decision
and requiring service doors with some amount of gla ss is not in direct conflict with the Florida Build ing
Code. The Board felt that there were less industria l alternatives, including glass doors containing im pact
glass, that are more appropriate given the site's h igh visibility along a major arterial (West Atlanti c
Avenue). Some examples are attached as Exhibit A. F urther, the applicant also references recent
approvals at 217 SE 6th Avenue as reasons to suppor t a more industrial application. While a more
aesthetically pleasing door would have been more de sirable at that location, the Board approved the
more industrial alternative as these doors face nor th and are not directly visible from SE 6th Avenue. In
fact as SE 6th Avenue is northbound only, they are not visible to passing traffic unless you view them in
your rear view mirror. Given these factors, Staff b elieves the SPRAB’s denial was appropriate for 5190
W. Atlantic Avenue and the applicant should avail h imself of other less industrial options.
RECOMMENDATION
Deny the appeal, upholding the SPRAB’s decision and provide direction that the applicant provide a
more aesthetically pleasing door (less industrial) that meets Florida Building Code requirements.
IN THE CITY COMMISSION
CHAMBERS OF THE CITY OF
DELRAY BEACH, FLORIDA
ORDER OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA
ON THE APPEAL OF THE SPRAB 05/09/12 DENIAL OF A CLA SS I SITE PLAN AND
ARCHITECTURAL ELEVATIONS ASSOCIATED WITH THE REPLAC EMENT OF
SERVICE DOORS FOR FIRESTONE COMPLETE AUTO CARE STOR E, LOCATED
AT 5190 W. ATLANTIC AVENUE
1. This is an appeal of the May 9, 2012 decision by th e Site Plan Review and
Appearance Board (“SPRAB”) denying Class I Site Plan a nd Architectural Elevation
change associated with the Firestone Complete Auto Care store, located at 5190 W.
Atlantic Avenue, which came before the City Commission a t its meeting on June 19,
2012.
2. The Appellants, Appellee and City staff presented documentary evidence
and testimony to the City Commission pertaining to the appeal of the denial of a Class I
Site Plan and Architectural Elevation change associated w ith the Firestone Complete
Auto Care store. Required findings are made in accorda nce with Subsection I.
I. LDR REQUIREMENTS FOR ARCHITECTURAL ELEVATIONS:
A. Pursuant to LDR Section 4.6.18(E), (1) the propose d structure is in
conformity with good taste, good design, and in genera l contributes to the image of the
City as a place of beauty, spaciousness, harmony, taste, fi tness, broad vistas, and high
quality; (2) the proposed structure is in its exterior d esign and appearance of quality
such as not to cause the nature of the local environment or evolving environment to
materially depreciate in appearance and value; (3) th e proposed structure is in harmony
with the proposed developments in the general area, w ith the Comprehensive Plan, and
with the supplemental criteria which may be set forth f or the Board from time to time.
Has this requirement been met?
Yes ______ No ______
4. The City Commission has applied the Comprehensive P lan and LDR
requirements in existence at the time the original site plan was submitted.
5. The City Commission finds there is ample and compete nt substantial
evidence to support its findings in the record submitted and adopts the facts contained
2
in the record including but not limited to the staff r eports, testimony of experts and other
competent witnesses supporting these findings.
6. Based on the entire record before it, the City Co mmission approves ____
denies ____ the appeal.
The City Commission hereby adopts this Order this 19th d ay of June, 2012, by a
vote of _____ in favor and _____ opposed.
ATTEST: ________________________________
Nelson S. McDuffie, Mayor
____________________________
Chevelle Nubin
City Clerk
MEMORANDUM
TO:Mayor and City Commissioners
FROM:Lula Butler, Director, Community Improvement
THROUGH:David Harden, City Manager
DATE:June 13, 2012
SUBJECT:AGENDA ITEM 9.B. - REGULAR COMMISSION MEETING OF JUNE 19, 2012
SELECTION OF A SOLID WASTE COLLECTION SERVICES PROV IDER
ITEM BEFORE COMMISSION
City Commission consideration of and direction to s taff regarding selection of a Solid Waste Collectio n
Services provider for the City.
BACKGROUND
The City has previously received a proposal from Wa ste Management, our current solid waste
collection franchise holder, for renewing their fra nchise. A copy of the detailed proposal is attache d.
The Commission has had this proposal since February , but has taken no action on it.
Waste Management's franchise from the City will exp ire on September 30, 2013. The City may either
elect to renew the franchise with Waste Management or issue a Request for Proposals (RFP). If the
Commission wishes to issue an RFP, then staff needs to begin work on preparing the RFP. This much
lead time is required because of the complexity of the RFP, the complexity of evaluating RFP responses
for solid waste collection, and the lead time requi red by a company to purchase all the equipment and
hire employees necessary to serve a city the size o f Delray Beach.
Also attached is the February 21, 2012 agenda memo, which includes a detailed summary analysis of
ten (10) municipal franchise agreements that were e ither renewed or awarded within the past two (2)
years. The third attachment is a comparison of eig ht cities using Delray Beach volumes which shows
that our current rates generate less revenue for th e franchise holder than the rates in effect in any of the
other seven cities. Cities with lower single famil y rates have shifted costs to multi-family or
commercial customers. These comparisons are given as a reference in response to the proposal from
Waste Management to renew the current Franchise Agr eement. The proposal was for an option of
either a 5-, 8- or 10-year franchise.
The previous agenda memorandum, dated February 15, 2012, also details the changes associated with
an extension. This item was scheduled for the Febr uary 21, 2012 City Commission meeting, but the
item was subsequently removed.
RECOMMENDATION
City Commission discretion.
MEMORANDUM
TO:Mayor and City Commissioners
FROM:David T. Harden, City Manager
DATE:June 15, 2012
SUBJECT:AGENDA ITEM 9.C. - REGULAR COMMISSION MEETING OF JUNE 19, 2012
DESIGNATION OF VOTING DELEGATE
ITEM BEFORE COMMISSION
The 86th Annual Conference of the Florida League of Cities will be held at Westin Diplomat in
Hollywood, Florida on August 23-25, 2012.
The League encourages each member city to send as m any delgates as possible to the conference, and
also requests that each city designate one of its o fficials to cast votes at the Annual Business Sessi on.
League By-Laws require that each city select one person to serve as the city's voting delegate.
Municipalities do not need to adopt a resoution to designate a voting delegate.
BACKGROUND
Last year Commissioner Gray was selected as the vot ing delgate. The Mayor, a Commissioner, or the
City Manager may be designated to serve in that cap acity.
RECOMMENDATION
Recommend designation of a voting delegate to cast votes on behalf of the City of Delray Beach at the
Annual Business Session of the Florida League of Ci ties.
MEMORANDUM
TO:Mayor and City Commissioners
FROM:David T. Harden, City Manager
DATE:June 13, 2012
SUBJECT:AGENDA ITEM 9.D. - REGULAR COMMISSION MEETING OF JUNE 19, 2012
APPOINTMENTS TO THE DOWNTOWN DEVELOPMENT AUTHORITY
ITEM BEFORE COMMISSION
This item is before the City Commission for appoint ments to the Downtown Development Authority.
BACKGROUND
The terms for regular members Mr. Fran Marincola an d Mr. David Cook will expire on July 1, 2012.
Mr. Marincola will have served two (2) full terms and is not eligible for reappointment. Mr. Cook wil l
have served one (1) full term, is eligible and woul d like to be considered for
reappointment. Appointments are needed for two (2) regular members to serve three (3) year terms
ending July 1, 2015.
To qualify for appointment, a prospective member mu st reside in or have his or her principal place of
business in the City, and shall not be serving as a City officer or employee. There is a requirement t hat
at least four of the members must be owners of real estate withi n the downtown area, a lessee thereof
required by the lease to pay taxes thereon, or a di rector, officer or managing agent of an owner or of a
lessee thereof so required to pay taxes thereon. A map of the Downtown Development Authority
Boundary is included for your review.
Currently serving on the Downtown Development Autho rity and meeting ownership and tax payment
qualifications are Mr. Fran Marincola, Mr. Seabron Smith, Mr. Albert Richwagen and Mrs. Nancy
Stewart-Franczak.
The following individuals have submitted applicatio ns and would like to be considered for
appointment:
(See Exhibit “A” attached)
A check for code violations and/or municipal liens was conducted. None were found. Voter registration
verification was completed and all are registered.
Based on the rotation system, the appointments will be made by Commissioner Frankel (Seat #3) and
Commissioner Gray (Seat #4) for two (2) regular mem bers to serve on the Downtown Development
Authority for three (3) year terms ending July 1, 2 015.
RECOMMENDATION
Recommend appointment of two (2) regular members to serve three (3) year terms ending July 1, 2015,
at least one of whom meets the tax qualification ..
DOWNTOWN DEVELOPMENT AUTHORITY (DDA)
85 SE 4 th Avenue, Suite #108
Delray Beach, FL 33483
3 year term
07/11
TERM
EXPIRES
REGULAR MEMBERS
07/01/2014
Appt 06/21/11
Albert Richwagen
*Tax qualification
07/01/2014
Appt 07/05/11
Ryan Boylston
07/01/2012
Appt 06/20/06
Reappt 06/16/09
Fran Marincola, Chair
*Tax qualification
07/01/2014
Appt 08/05/08
Reappt 06/21/11
Diane Franco, Secretary
07/01/2012
Unexp Appt 05/15/07
Reappt 07/07/09
David Cook, Treasurer
*Tax qualification
07/01/2014
Reappt 06/21/11
Reappt 07/01/08
Unexp Appt 07/11/06
Nancy Stewart-Franczak
*Tax qualification
07/01/2013
Unexp Appt 07/21/09
Reappt 07/06/10
Seabron Smith
*Tax qualification
DOWNTOWN DEVELOPMENT AUTHORITY
EXHIBIT “A”
David Beale Attorney Tax Qualification
Bonnie Beer Restaurateur/Business Owner Tax Qualification
David Cook Sales/Vic President Incumbent
Mark Denkler Sales-Business Owner Tax Qualification
Pearl Markfield Elrod Realtor (also applying for the Delray Beach H ousing Authority)
Kenneth Peltzie Self-employed
Harold Van Arnem Principal/Developer
MEMORANDUM
TO:Mayor and City Commissioners
FROM:David T. Harden, City Manager
DATE:June 13, 2012
SUBJECT:AGENDA ITEM 9.E. - REGULAR COMMISSION MEETING OF JUNE 19, 2012
APPOINTMENT TO THE DELRAY BEACH HOUSING AUTHORITY
ITEM BEFORE COMMISSION
This item is before the City Commisison for an appo intment to the Delray Beach Housing Authority.
BACKGROUND
The term for regular member, Mr. Joseph Hepp, will expire on July 14, 2012. Mr. Hepp will have
served an unexpired term, is eligible and would lik e to be considered for reappointment. Appointment i s
needed for one (1) regular member.
Per Florida Statute, Chapter 421, an appointee may not be an officer or employee of the City. The
following individuals have submitted applications a nd would like to be considered for appointment:
(See Exhib it “A” attached)
A check for code violations and/or municipal liens was conducted. None were found. Voter registration
verification was completed and all are registered.
According to Florida Statutes, members are appointe d by the Mayor and ratified by the
Commission. However, at the City Commission meeting of June 5, 1991, a consensus was reached
whereby each Commissioner would, on an informal bas is and according to the rotation procedure, make
a recommendation to the Mayor as to the Housing Aut hority appointees.
Based on this system, the recommendation/appointmen t will be made by Commissioner Carney (Seat
#1) for one (1) regular member to serve a four (4) year term ending July 14, 2016.
RECOMMENDATION
Recommend appointment of one (1) regular member to serve a four (4) year term ending July 14, 2016.
DELRAY BEACH HOUSING AUTHORITY
4 YEAR TERM
600 N. Congress Avenue, Suite 310B
Delray Beach, FL 33445
04/12
TERM
EXPIRES
REGULAR MEMBERS
07/14/2012
Unexpired Appt 10/21/08
Joseph Hepp, Chair
07/14/2014
Unexp Appt 10/04/11
Marcia Beam
07/14/2014
Unexp Appt 07/10/07
Reappt 07/06/10
Sylvia Morris
07/14/2013
Appt 07/07/09
Shelly Petrolia
10/27/2015
Appt 11/6/07
Reappt 10/04/11
Christel Silver, Vice Chair
03/06/2014
Unexp Appt 10/05/10
Guarn Sims
07/14/2014
Unexp Appt 05/19/09
Reappt 07/06/10
Choli Aronson
DELRAY BEACH HOUSING AUTHORITY
EXHIBIT A
Joseph Bernadel
Nayda Cottone-Ovadia (currently serving on the Nuisance Abatement Board )
Edward Desmond
Irene Frazier
Joseph Hepp Incumbent
Pearl Markfield Elrod (also applying for the Downtown Development Authori ty)
Tonya McCollin Cajuste
Morris Weinman
MEMORANDUM
TO:Mayor and City Commissioners
FROM:David T. Harden, City Manager
DATE:June 13, 2012
SUBJECT:AGENDA ITEM 9.F. - REGULAR COMMISSION MEETING OF JUNE 19, 2012
APPOINTMENTS TO THE CIVIL SERVICE BOARD
ITEM BEFORE COMMISSION
This item is before the City Commission for appoint ments to the Civil Service Board.
BACKGROUND
The terms for regular member Ms. Carol Anderson and alternate member Ms. Carol Clark will expire
on July 1, 2012. There is an additional vacancy for a regular member due to the passing of Mr. Sidney
Grossman. Ms. Anderson will have served one (1) ful l term and would not like to be considered for
reappointment. Ms. Clark will have served one (1) f ull term, is eligible and would like to be consider ed
for reappointment. Please note that Ms. Clark would like to be considered for regular
membership. Appointments are needed for two (2) reg ular members and one (1) alternate
member. However, only two (2) appointments will be made because there are only two (2) applicants at
this time.
According to the Civil Service Act, there are to be five (5) regular members on the Civil Service Boar d;
three (3) of which are to be of different vocations or vocational backgrounds, not employed by the Cit y
in any capacity, official or otherwise and appointe d by the City Commission. Eligible City employees
elect two (2) regular members. In addition, there a re two (2) alternate members. The appointee need no t
be a resident, property owner or business owner wit hin the City.
The following individual has submitted an applicati on and would like to be considered for
appointment:
Name Background
Carol Clark Retired/Accounting Cle rk Incumbent
Keith Sonderling Attorney
A check for code violations and/or municipal liens was conducted. None were found. Voter registration
verification was completed and all are registered.
Based on the rotation system, the appointments will be made by Commissioner Frankel (Seat #3) and
Commissioner Gray (Seat #4) for two (2) regular mem bers to serve two (2) year terms ending July 1,
2014.
RECOMMENDATION
Recommend appointments of two (2) regular members t o serve two (2) year terms ending July 1, 2014.
CIVIL SERVICE BOARD
04/12
TERM EXPIRES REGULAR MEMBERS CURRENT
OCCUPATION
07/01/2012
Appt 07/06/10
Carol Anderson
Educator
07/01/2014
Vacant
04/01/2013
Appt 04/05/11
Larry Zalkin
Financial Advisory
04/29/2013
Elected 04/27/05
Re-elected 04/26/06
Re-elected 04/26/07
Re-elected 04/30/08
Re-elected 04/30/09
Re-elected 04/29/10
Re-elected 04/28/11
Re-elected 04/25/12
Jennifer Reynolds, Chairperson
Network Engineer
04/29/13
Elected 04/25/12
Chassler Holm
Utility Maintenance
Supervisor
ALTERNATES
07/01/2012
Appt 07/06/10
Carol Clark
Retired/Accounting
Clerk
04/29/2013
Elected 04/25/12
Michael Vinci
Planner
S/City Clerk/Board 12/Civil Service
MEMORANDUM
TO:Mayor and City Commissioners
FROM:David T. Harden, City Manager
DATE:June 13, 2012
SUBJECT:AGENDA ITEM 9.G. - REGULAR COMMISSION MEETING OF JUNE 19, 2012
APPOINTMENTS TO THE NEIGHBORHOOD ADVISORY COUNCIL
ITEM BEFORE COMMISSION
This item is before the City Commission for appoint ments to the Neighborhood Advisory Council.
BACKGROUND
There are vacancies on the Neighborhood Advisory Co uncil due to the resignations of regular members
Mr. David Stein (Zone 5) and student member Ms. And rea Poveda. Ms. Shirl Fields (Zone 3) also
resigned because she moved and was no longer residi ng in her appointed zone. These appointments will
be for two (2) regular members to serve the unexpir ed terms plus the following regular terms ending
July 31, 2015. There are no student applicants at t his time.
The Neighborhood Advisory Council was established f or the purpose of maintaining broad-based
community involvement with the residents, creating neighborhood outreach initiatives, enhancing
communication, improving the aesthetics of the neig hborhoods and identifying any potential threats to
the stability of the neighborhoods.
The Council consists of fifteen (15) regular and tw o (2) student members. Twelve (12) members are
residents with two (2) selected from each of the si x neighborhood zones, and three (3) at large
representatives, who may be selected from a communi ty civic organization or business owner located
within a neighborhood zone interested in the enhanc ement of its surrounding neighborhoods. A map of
the appointment zones is included for your review.
The following individuals have submitted applicatio ns for consideration: (Applicants are listed by
zones; however, the applications are in alphabetica l order.)
(See Exhibit “A” Attached)
Based on the rotation system, the appointments will be made by Mayor McDuffie (Seat #5) and
Commissioner Carney (Seat #1) for one (1) regular m ember each from Zone 3 and Zone 5 to serve
unexpired terms plus three (3) year terms ending Ju ly 31, 2015.
RECOMMENDATION
Recommend appointment of two (2) regular members to serve an serve an unexpired plus three (3) year
terms ending July 31, 2015.
06/12 NEIGHBORHOOD ADVISORY COUNCIL
TERM EXPIRES DISTRICT NAME
07/31/13
Unexp Appt 11/16/10
Zone 1 Susan Sims
07/31/14
Appt 09/06/11
Zone 2 Stephen Lampel
07/31/13
Unexp Appt 10/17/06
Reappt 10/16/07
Reappt 10/19/10
Zone 3 Linda Laurence Leib
07/31/13
Appt 10/19/10
Zone 4 Suzanne Donohue
07/31/14
Unexp 03/03/08
Reappt 10/07/08
Reappt 07/19/11
Zone 5 Gail-Lee McDermott
07/31/14
Unexp Appt 02/20/07
Reappt 10/07/08
Reappt 07/19/11
Zone 6 Linda Prior
07/31/14
Unexp Appt 06/05/12
Zone 1 Mark Behar
07/31/14
Unexp Appt 04/03/12
Zone 2 Colson Zulmar
07/31/12
Unexp Appt 10/20/09
Zone 4 Isabel Make
07/31/15
Unexp Appt
Zone 4
Vacant
07/31/15
Unexp Appt
Zone 5
Vacant
07/31/15
Unexp Appt 06/05/12
Zone 6 Adam Reback
07/31/14
Uenxp Appt 02/03/09
Reappt 07/19/11
At Large
Representative
William Milner, 2 nd Vice Chair
07/31/14
Appt 08/02/11
At Large
Representative
Lee Cohen
07/31/12
Appt 10/06/09
At Large
Representative
Margherita Downey
07/31/12
Student
Vacant
07/31/12
Student
Vacant
Board 12/Neighborhood Advisory Council
NEIGHBORHOOD ADVISORY COUNCIL
EXHIBIT A
Applicant Subdivision
Zone 3
Mary Minieka (currently serving on the Public Art Advisory Board) Linton Lakes
Wendy Smith Rabbit Hollow
Zone 5
Pearl Markfield Elrod Town of Delray
Dorothy Payne South Bay
MEMORANDUM
TO:Mayor and City Commissioners
FROM:David T. Harden, City Manager
DATE:June 13, 2012
SUBJECT:AGENDA ITEM 9.H. - REGULAR COMMISSION MEETING OF JUNE 19, 2012
APPOINTMENT TO THE FINANCIAL REVIEW BOARD
ITEM BEFORE COMMISSION
This item is before the City Commission for an appo intment to the Financial Review Board.
BACKGROUND
There is a vacancy on the Financial Review Board fo r one (1) alternate member due to the resignation
of Mr. David Stein. The term is unexpired ending Ju ly 31, 2013. An appointment is needed for one
alternate member.
On October 6, 2009, the Delray Beach City Commissio n adopted Resolution No. 55-09 establishing the
Budget Review Committee to review the City’s budget, systems and procedures, technology
improvements, or related materials and concepts and make recommendations regarding revenues,
salaries and benefits, operating expenses, debt ser vice expenses, capital outlay, grants to other enti ties
and transfers to other funds or any other items tha t may favorably impact the City’s budget and overall
financial condition. The Commission later adopted Resolution No. 58-09 which renamed the committee
as the Financial Review Board with the expanded res ponsibilities of analysis of revenues and expenses
and business practices and processes. Resolution No . 05-11 provided further amendments to clarify that
the Board’s duties shall fall under the direction of the City Manager or the City Commission and to
restrict the membership of the Board.
The Financial Review Board shall consist of nine (9 ) members. Five (5) seats on the Board must be
filled with a certified public accountant, accounti ng professional, finance professional, certified
financial planner, investment advisor, insurance pr ofessional (property/casualty or health), business
owner/manager/officer and someone with an MBA or MP A degree. The remaining four (4) members
may be at large.
The following individuals have submitted applicatio ns and would like to be considered for
appointment:
Applicants with experience in the professions requi red:
Jeremy Office Associate Dir ector/Wealth Management Advisor MBA
Applicants interested in being an at -large member:
Patricia Maguire Public Relati ons/Editor
A check for code violations and/or municipal liens was conducted. None were found. Voter registration
verification was completed and they are registered.
Based on the rotation system, the appointment will be made Commissioner Gray (Seat #4) for one (1)
alternate member to serve an unexpired term ending July 31, 2013.
RECOMMENDATION
Recommend appointment of one (1) alternate member t o serve an unexpired term ending July 31, 2013.
FINANCIAL REVIEW BOARD
06/12
TERM EXPIRES REGULAR MEMBERS OCCUPATION
07/31/12
Unexp Appt 03/20/12
Brian Anderson
Director of
Communications
07/31/14
Unexp Appt 06/05/12 + 2
Yrs
RosaTorres-Tumazos
Business Strategy
Consultant
07/31/13
Unexp Appt 04/05/11
Reappt 06/21/11
John Hallahan, Chair
Assistant Director of
Operations/Retired
P.E.
MBA
07/31/12
Unexp Appt 01/17/12
Brian Wood
Director/Senior
Manager-Finance
07/31/13
Appt 11/03/09
Reappt 6/21/11
Christina Morrison, Chair
Realtor
07/31/13
Unexp Appt 06/05/12
Alan Weitz
Banking
07/31/12
Appt 07/20/10
Luise Piane
Executive
Management
ALTERNATES
07/31/13
Unexp Appt 01/03/12
Warren Trilling
Business
Development
Manager
CPA
07/31/13
Unexp Appt
Vacant
MEMORANDUM
TO:Mayor and City Commissioners
FROM:David T. Harden, City Manager
DATE:June 12, 2012
SUBJECT:AGENDA ITEM 10.B. - REGULAR COMMISSION MEETING OF JUNE 19, 2012
ORDINANCE NO. 16 -12
ITEM BEFORE COMMISSION
This ordinance is before Commission for second read ing to consider an amendment to Chapter 33
“Police and Fire-Rescue Departments”, subtitle "Pen sions", Section 33.60, “Definitions”, Section 33.61,
“Membership Conditions of Eligibility; Application”; Section 33.62, “Benefit Amounts and Eligibility”;
Section 33.63, “Optional Forms of Benefits”; Sectio n 33.64, “Contributions”; Section 33.65,
“Administration”; Section 33.66, “Finances and Fund Management”; Section 33.689, “Retirement
Benefit Enhancement”; Section 33.70, “Direct Transf ers of Eligible Rollover Distributions”; and
creating Section 33.73, “Termination of the System”, to implement and comply with Chapter 2009-
97, Laws of Florida; Chapter 2011-216; and the Internal Revenue Code; and to comply w ith a court
decision.
BACKGROUND
At the first reading on June 5, 2012, the Commissio n passed Ordinance No. 16-12. The attached
Ordinance incorporates the provision options agreed to by the Commission on June 5.
RECOMMENDATION
Recommend approval of Ordinance No. 16-12 on second and final reading.
ORDINANCE NO. 16-12
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER
33 "POLICE AND FIRE-RESCUE DEPARTMENTS",
SECTION 33.60, "DEFINITIONS"; SECTION 33.61,
"MEMBERSHIP CONDITIONS OF ELIGIBILITY;
APPLICATION"; SECTION 33.62, "BENEFIT AMOUNTS AND
ELIGIBILITY"; SECTION 33.63, "OPTIONAL FORMS OF
BENEFITS"; SECTION 33.64, "CONTRIBUTIONS"; SECTION
33.65, "ADMINISTRATION"; SECTION 33.66, "FINANCES
AND FUND MANAGEMENT"; SECTION 33.689,
"RETIREMENT BENEFIT ENHANCEMENT";
SECTION 33.70, “DIRECT TRANSFERS OF
ELIGIBLE ROLLOVER DISTRIBUTIONS”; AND
CREATING SECTION 33.73, "TERMINATION OF THE
SYSTEM", TO IMPLEMENT AND COMPLY WITH
CHAPTER 2009-97, LAWS OF FLORIDA; CHAPTER 2011-
216; AND THE INTERNAL REVENUE CODE; AND TO
COMPLY WITH A COURT DECISION; PROVIDING A
SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND
AN EFFECTIVE DATE.
WHEREAS, the City Commission desires to amend the City Polic e And
Firefighters Retirement System as set forth in Chap ter 33 of the City Code to implement certain
provisions of Chapter 2009-97, Laws of Florida; Chapter 2011-216, Laws of Florida; the Internal
Revenue Code; and the decision of the court in State of Florida Dept. Mgt. Svs. v. City of
Delray Beach, Florida, 40 So. 3d 835 (Fla. 1 st DCA 2010).
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY O F DELRAY
BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Chapter 33, “Police and Fire-Rescue Departments”, Secti on 33.60
“Definitions”, of the Code of Ordinances of the City of Delray Beach is hereby amended to read
as follows:
Sec. 33.60. - DEFINITIONS.
For the purpose of this subchapter, the following de finitions shall apply unless
the context clearly indicates or requires a different meaning.
2
Ord No. 16-12
Average monthly earnings. One thirty-sixth of the arithmetical average for th e
highest consecutive thirty-six-month period precedi ng the actual retirement or
termination of a member; provided, however, the benef it derived shall not be less than the
benefit that would have been paid based on a defini tion of average monthly earnings of one
twenty-fourth of the arithmetical average for the highest consec utive twenty-four-month
period, as calculated prior to the effective date of Ordinance No. 17-04.
In addition to other applicable limitations set for th in the plan, and
notwithstanding any other provisions of the plan to the contrary, for the plan years
beginning on or after January 1, 1996, the annual c ompensation of each Member taken into
account under the plan shall not exceed the annual compensation limit of Section
401(a)(17)(B) of the Internal Revenue Code, as amen ded for cost of living increases,
which is incorporated herein by reference.
Earnings. Prior to October 1, 2006, earnings shall me an base Basic wages
paid to a member, including state education compensation , police basic education and
police and fire career education compensation, but excluding overtim e, bonuses and any
other payments. Effective October 1, 2006, earnings for firefight er members shall mean
base wages paid to the member including state education compe nsation and fire career
education compensation, but excluding overtime, bonu ses and any other payments.
Effective October 1, 2006, earnings for police officer m embers, shall mean base wages
paid to the member including state education compen sation, police basic education,
police career education compensation and up to twen ty-five (25) hours of overtime
compensation per fiscal year, but excluding bonuses and any other payme nts.
Section 2. That Chapter 33, “Police and Fire-Rescue Departments”, Sec tion 33.61,
“Membership, Conditions of Eligibility; Application”, of the Code of Ordinances of the City of
Delray Beach is hereby amended to read as follows:
Sec. 33.61- MEMBERSHIP; CONDITIONS OF ELIGIBILITY; APPLICATION.
(A) Conditions of eligibility.
(1) Employees, as defined in Section 33.60, who are covered under the retirement
program provided under F.S. Chapters 175 and 185, as of the effective date, shall
become members of this system.
3
Ord No. 16-12
(2) Any employee who is a member of the City's retiremen t plan for general
employees at the time of adoption of this retiremen t system may become a
member of this system provided he elects to transfer his employee contribution
account from the retirement plan for general employees to this system, which he is
authorized to do by this subchapter, and provided he also deposits to the Trust
Fund, on the basis of procedures established by the Board of Trustees, an amount
equal to the additional moneys he would have contributed had he always be en
covered under F.S. Chapters 175 and 185, plus interest in an amount to be
determined by the Board.
(3) Any other employee shall, as a condition of employment, become a member upon
employment, provided that:
(a) The employee satisfactorily completes all required medi cal
examinations for an emp loyee of his classification, including any examination
prescribed by the Board; and
(b) The employee meets all requirements of the Civil Servic e Board
of the City. However, for purposes of disability benefits hereunder , the Board
may declare anyone becomi ng a member under subsection (A)(3) of this
Section to be permanently ineligible, but only at t he time of initial
membership, and only in the event that any medical examination under
subsection (A)(3)(a) of this Section reveals a cond ition or symptom which has
previously been determined by the Board to render members not eligible for
disability. A determination by the Board as to disqualifyi ng conditions and
symptoms must be reflected in prior Board minutes, and a declaration of a
member's ineligibility mus t be recorded in the Board's minutes and noted on the
member's application form.
(B) Application. Each eligible employee shall complete an application form
covering the following points, as well as any other points or i tems as may be prescribed by the
Board.
(1) The employee's acceptance of the terms and conditio ns of the retirement
system, including an initialing of any declaration of ineligibility for disability
benefits;
(2) The employee's designation of a beneficiary; and
(3) Authorization of a seven and thirty thr ee hundredths (7.33) percent payroll
4
Ord No. 16-12
deduction payable to the system, effective October 1, 1989 in the amount provided
for in Section 33.64 (A).
(C) Change in Designation of Beneficiary.
(1 ) A member, including a member who has elected to p articipate in the
Deferred Retirement Option Plan pursuant to Section 33.685, shall designate the joint
pensioner annuitant or beneficiary to receive the benefit, if any, pay able under the plan
in the event of the member's death, on a form provi ded by the Board of Trustees.
(2) The member may revoke or change the designation of a joint pensioner
annuitant or beneficiary at any time prior to the commenceme nt of retirement income
or benefits, or prior to the member's entry into th e Deferred Retirement Option Plan ,
by submitting such change in writing on a form provi ded by the Board of Trustees.
(3) A retired member, including a retired member who retired prior to the
effective date of this ordinance [December 31, 1999 ], is a participant in the Deferred
Retirement Option Plan may also change the designation of the member's a joint
pensioner annuitant or beneficiary after the commencement of retirement income or
benefits up to two times without the approval of the Board of T rustees. Any additional
changes must be approved by the Board of Trustees. A retiree need not provide proof
of the good health of the joint annuitant or benefici ary being removed, and the joint
annuitant or beneficiary being removed need not be living. The conse nt of the retiree's joint
annuitant or beneficiary to any change in such designatio n shall not be required. subject to
approval by the Board of Trustees, and in accordanc e with the following: (1) The
member must pay the full cost of determining the equivalent a ctuarial value of the benefit
payable. (2) The consent of a member’s joint pensi oner or beneficiary to any such
change in such designation shall not be required. (3) The amount of retirement income
payable to the member upon the designation of a new joint pensioner annuitant shall be
actuarially redetermined, taking into account the benef its already received by the member,
and the age and sex of the former joint pensioner , annuitant the new joint pensioner
annuitant and the member. (4) Each designation of a joint pensioner annuitant or
beneficiary shall be made in writing on a form provided by the Board of Trustees. (5) Upon
a change in designation of joint pensioner annuitant or beneficiary, the rights of all
previously designated joint pensioner annuitants or beneficiaries to receive any benefit
under the system shall cease.
5
Ord No. 16-12
Section 3. That Chapter 33, “Police and Fire-Rescue Departments”, Sec tion 33.62,
“Benefit Amounts and Eligibility”, of the Code of Ordinances of t he City of Delray Beach is
hereby amended to read as follows:
* * * *
(J) Required Payment of Pension Benefits. Pension benefits shall begin no later than
April 1 of the calendar year following the calendar year in which the member retires, or in
which the member attains age seventy and one-half (70 1/2), even if the member has not filed a
claim for pension benefits. In addition, payment of benefits shall be made in accordance with the
applicable provisions of Section 401(a)(9) of the Internal Revenue Code, which is incorporated
herein by reference. Notwithstanding any other provision of this pla n to the contrary, a form of
retirement income payable from this plan, shall satisfy the following c onditions:
(1) If the retirement income is payable before the member's death:
a. It shall either be distributed or commence to the m ember not later than
April 1 of the calendar year following the later of the calenda r year in which the
member attains age 70 1/2, or the calendar year in which the member retires ;
b. The distribution shall commence not later than the calendar year defined
above; and (i) shall be paid over the life of the m ember or over the lifetimes of the
member and spouse, issue or dependent, or (ii) shal l be paid over the period
extending not beyond the life expectancy of the mem ber and spouse, issue or
dependent.
Where a form of retirement income payment has commenced in accordance wi th
the preceding paragraphs and the member dies before his entire interest in the
plan has been distributed, the remaining portion of such interest in the plan shall be
distributed no less rapidly than under the form of distributi on in effect at the
time of the member's death.
(2) If the member's death occurs before the distribution of his interest in the
plan has commenced, member's entire interest in the plan shall be distributed within five
years of member's death, unless it is to be distributed in acc ordance with the following
rules:
a. The member's remaining interest in the plan is pay able to his spouse,
issue or dependent;
6
Ord No. 16-12
b. The remaining interest is to be distributed over t he life of the spouse,
issue or dependent or over a period not extending b eyond the life
expectancy of the spouse, issue or dependent; and
c. Such distribution begins within one year of the mem ber's death unless
the member's spouse, is the sole designated benefic iary, in which case the
distribution need not begin before the date on whic h the member would
have attained age 70 1/2 and if the member's spouse dies before the distribution to
the spouse begins, this section shall be applied as if the spouse were the member.
Section 4. That Chapter 33, “Police and Fire-Rescue Departments”, Sec tion 33.63,
“Optional Forms of Benefits”, of the Code of Ordinances of the City of Delray Beach is hereby
amended to read as follows:
Sec. 33.63. OPTIONAL FORMS OF BENEFITS.
Each member entitled to a normal, early or disabilit y retirement benefit shall have the
right at any time prior to his actual retirement to elect to have his benefit payable under any one
of the options hereinafter set forth in lieu of the benefits otherwise provided herein, and to
revoke any elections and make a new election at any time prior to actual retirement. The value of
optional benefits shall be actuarially equivalent to the value of benefits otherwise payable. The
member shall make an election by written request to the Bo ard of Trustees, this request being
retained in the Board's files.
(A) Option 1. Joint and Last Survivor Option. A retiring member may elect to receive an
actuarially adjusted retirement benefit during his lifetim e and have such retirement benefit
(including seventy-five (75) percent, sixty-six and s ixty-six one hundredths (66.66) percent or
fifty (50) percent thereof) continued after his dea th to and during the lifetime of a designated
joint annuitant pensioner . The election of Option 1 shall be null and void if the designated joint
annuitant pensioner dies before the member's retirement, unless the member des ignates another
joint annuitant pensioner in accordance with Subsection 33.61(C). In addition, the member may
elect to add a "pop-up" feature to his joint and survivor opti on, then, upon the death of his joint
annuitant pensioner , the amount of his monthly payment will be increased to the amount of a
straight life annuity and such amount will be payable as of the first day of each month after the
death of his joint annuitant pensioner for the remainder of his lifetime. A member electing to
add the pop-up feature to his joint and survivor opti on will have his monthly benefit under
this Option 1 actuarially reduced to take into account the addition of the pop-u p feature.
7
Ord No. 16-12
Section 5. That Chapter 33, “Police and Fire-Rescue Dep artments”, Section 33.64,
“Contributions”, of the Code of Ordinances of the City of Delray Beach is hereby amended to read as
follows:
Sec. 33.64. CONTRIBUTIONS. (A)
Member Contributions.
(2) Effective October 1, 1989, the City shall pick u p the member contribution
required by subsection (A)(1) above. The contributi ons so picked up shall be treated as employer
contributions in determining tax treatment under th e United States Internal Revenue Code. The
City shall pick up the member contributions from fu nds established and available in the salaries
account, which funds would have otherwise been desi gnated as member contributions and paid to
the pension fund. Member contributions picked up by the City pursuant to this subdivision
shall be treated for purposes of making a refund of m ember contributions, and for all other
purposes of this and other laws, in the same manner and to the same extent as member
contributions made prior to the effective date of t his subdivision. The intent of this subdivision is
to comply with Section 414(h)(2) of the Internal Re venue Code. No employee shall have the
option of choosing to receive the contributed amou nts directly instead of having them paid by
the City to the System.
Section 6 . That Chapter 33, “Police and Fire-Rescue De partments”, Section 33.65, “Administration”
of the Code of Ordinances of the City of Del ray Beach is hereby amended to read as follo ws:
Sec. 33.65. ADMINISTRATION.
(A) The general administration and responsibility for the proper operation of the retirement
system and for making effective the provisions of t his subchapter are vested in a Board of Trustees
consisting of nine (9) persons as follows:
(1) The Mayor; or upon the Mayor's designation, the Ass istant City Manager;
(2) Two (2) public members, one of whom may be a City Commissi oner, to be
appointed by the City Commission as hereinafter pro vided;
(3) The Fire Chief or, in the event of the Fire Chief’s termination of participation in the
system, a firefighter (with a minimum rank of Chief Office r) designated by the Fire
Chief;
8
Ord No. 16-12
(4) The Police Chief or, in the event of the Police Chi ef’s termination of participat ion in the
system, a police officer (with a minimum rank of Captain) designated by the Police Chief;
(5) Two (2) members of the Fire Department to be electe d as hereinafter provided;
(6) Two (2) members of the Police Department to be elec ted as hereinafter provided.
(B) The term of office of each appointed and electe d trustee shall be two (2) years except that
the initial terms within each category above shall be for two (2) and three (3) years. The initial
terms shall commence on the effective date of this system. Initially in each elective category, the
trustee receiving the most votes shall serve a thre e-year term, the second most votes a two-year term.
Section 7 . That Chapter 33, “Police and Fire-Rescue De partments”, Section 33.66, “Finances and
Fund Management” of the Code of Ordinances of the City of Delray Beach is hereby amended to read
as follows:
Sec. 33.66. FINANCES AND FUND MANAGEMENT.
(E) The Board of Trustees shall have the following investment powers and authority:
(3) Notwithstanding any limitation provided in Chapt er 175 or Chapter 185, Florida
Statutes, or any limitation or condition contained in Section 215.47, Florida Statutes, the
Board of Trustees may invest and reinvest pension f und assets in such securities, investment
vehicles and property wherever situated and of what ever kind, as the Board shall
approve in the exercise of its fiduciary duty and a uthority, including but not limited to
common or preferred stocks, bonds and other evidences of indeb tedness or ownership.
In no event, however, shall more than ten (10) perc ent of the assets of the fund, at cost, be
invested in foreign securities; provided, if state law is amended to allow investments in
foreign securities of fifteen (15) or more percent of fund asse ts, t T he Board may invest up
to twenty-five (25) fifteen (15) percent of fund assets, at cost on a market-value basis in
foreign securities.
9
Ord No. 16-12
Section 8 . That Chapter 33, “Police and Fire-Rescue De partments”, Section 33.689, “Retirement
Benefit Enhancement” of the Code of Ordinances of the City of Delray Beach is hereby amend ed to read
as follows:
Sec. 33.689. - RETIREMENT BENEFIT ENHANCEMENT.
(A.) Effective October 1, 1994, the benefits paid to eligible re tirees or their
beneficiaries shall be adjusted as provided in this Section. For the purpose of this Section,
"eligible retirees" are members who retired or term inated employment after September 30,
1993, and whose date of hire as a City Police Officer or Firef ighter was twenty-five (25) or
more years prior to the benefit adjustment date. Th e benefits payable under the system to
all eligible retirees or their beneficiaries shall be based on the amount of insurance premium tax
revenues received by the City for the preceding pla n year pursuant to chapters 175 and
185, Florida Statutes. A minimum benefit increase o f one percent per year will be provided,
regardless of the amount of premium tax revenues received by the City.
(B.) Firefighter retirees. To the extent total annual premium tax revenues received
pursuant to Chapter 175, Florida Statutes, exceed one hundred ninety seven thousand nine
hundred ninety-five dollars ($197,995.00) five hundred four thousand nine hundred twenty two
dollars ($504,922.00), the annual one percent minimum adjustment for fir efighter retirees will
be increased in increments of one-tenth of one percent, bas ed on the actuary's determination
that the amount of the excess premium tax revenues is sufficient to fund the benefit increase
on an actuarially sound basis. The maximum amount of the t otal annual benefit increase shall
not exceed four (4) percent, regardless of the amount of pre mium tax revenues received by
the City. The annual benefit adjustment provided un der this Section shall be compounded
annually (i.e. the i ncrease shall be based on the benefits received by plan members and
beneficiaries at the end of the preceding plan year). The benefits payable under the system
to all eligible retirees or their beneficiaries shal l be adjusted annually on the anniversary o f
the retiree’s first benefit payment. Disability re tirees and their beneficiaries are not eligible
to receive the retirement benefit enhancement.
(C.) Police officer retirees. To the extent annual premium tax
revenues received pursuant to Chapter 185, Florida Statutes, exceed three hundred six
thousand nine hundred twenty-seven dollars ($306,927.00) and are less than four hundred
forty-six thousand four hundred and seven dollars ($446,407.00), the annual one percent
minimum adjustment for police officer retirees will be inc reased in increments of one-tenth of
one percent, based on the actuary's determination that the am ount of such premium tax
revenues is sufficient to fund the benefit increase on an actuarially sound basis. The
maximum amount of the total annual benefit increase shall not exceed four (4) percent,
regardless of the amount of premium tax revenues received b y the City. Annual premium tax
revenues received pursuant to Chapter 185, Florida Statutes , in excess of four hundred forty-
six thousand four hundred and seven dollars ($446,407.00) shall be use d to provide for the
inclusion of overtime compensation, up to a maximum of thre e hundred hours per year, that
the actuary for the plan determines may be funded on an ac tuarially sound basis entirely
10
Ord No. 16-12
with annual Chapter 185 premium tax revenues in excess of f our hundred forty-six thousand
four hundred and seven dollars ($446,407.00). When the actuary for the plan determines that
adequate premium tax revenues received pursuant to Chapt er 185 in excess of four hundred
forty-six thousand four hundred and seven dollars ($446,407.00) annually have been
allocated to fully fund on an actuarially sound basis the incl usion of three hundred hours of
overtime compensation annually in the earnings of active poli ce officers who are not
participating in the Deferred Retirement Option Plan, then all future additional premium tax
revenues shall be used to provide the annual benefit adjust ment for police officer retirees.
(D) The annual benefit adjustment provided under th is Section shall be compounded annually (i.e.
the increase shall be based on the benefits receiv ed by plan members and beneficiaries at the end of the
preceding plan year). The benefits payable under th e system to all eligible retirees or their benefici aries shall
be adjusted annually on the anniversary of the reti ree's first benefit payment. Disability retirees an d their
beneficiaries are not eligible to receive the reti rement benefit enhancement.
Section 9 . That Chapter 33, “Police and Fire-Rescue De partments”, Section 33.70, “Direct
Transfers of Eligible Rollover Distributions” of t he Code of Ordinances of the City of Delray Beach is
hereby amended to read as follows:
Sec. 33.70. DIRECT TRANSFERS OF ELIGIBLE ROLLOVER D ISTRIBUTIONS.
(B) Definitions.
(1) Eligible Rollover Distribution. Any distribution of all or an y portion of the
balance to the credit of the distributee, except that a n eligible rollover distribution does not
include: any distribution that is one of a series of subst antially equal periodic payments
(not less frequently than annually) made for life (or li fe expectancy) of the distributee
or the joint lives (or joint life expectancies) of the dist ributee and the distributee's designated
beneficiary, or for a specified period often (10) ye ars or more; any distribution to the
extent such distribution is required under Section 401(a)(9) of the Internal Revenue
Code; and the portion of any distribution that is not includable in gross income.
(2) Eligible Retirement Plan. An eligible retirement pl an is an individual
retirement account described in Section 408(a) of t he Internal Revenue Code, an individual
retirement annuity described in Section 408(b) of the Internal Revenue C ode, an annuity
plan described in Section 403 (a) of the Internal Revenue Code, a quali fied trust
described in Section 401 (a) of the Internal Revenue Code, an eligible deferred
compensation plan described in Section 457(b) of th e Internal Revenue Code which is
11
Ord No. 16-12
maintained by an eligible employer described in Sectio n 457(e)(1)(A) of the Internal
Revenue Code, or an annuity contract described in Section 403 (b) of the Internal Revenue
Code, that accepts the distributee's eligible rollover distr ibution.
(3) Distribute. A distributee includes an employee or former em ployee. In
addition, the employee's or former employee's surviving spouse is a distributee with
regard to the interest of the spouse. Effective as o f January 1, 2008, an Employee's or former
Employee's non-spouse Beneficiary is a distributee with regard to the interest of the
Employee or former Employee.
(4) Direct Rollover. A direct rollover is a payment by the pla n to the eligible
retirement plan specified by the distributee. Effec tive as of January 1, 2008, a non-spouse
Beneficiary may make a direct rollover only to an "inherited" individual retirement account as
described in Section 408(b) of the Internal Revenue Code.
Section 10 . That Chapter 33, “Police and Fire-Rescue De partments”, Section 33.73, “Termination
of the System” of the Code of Ordinances of th e City of Delray Beach is hereby enacted to read as
follows:
Sec. 33.73. TERMINATION OF THE SYSTEM.
If it is determined by the City Commission that thi s Retirement System be terminated it shall be
terminated in accordance with State law as set fort h in Chapters 175 and 185, as those Chapters
now exist and as they may be amended in the future.
Section 11 . That should any section or provision of this ordinance or any portion t hereof,
any paragraph, sentence, or word be declared by a court of compe tent 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 12 . That all ordinances or parts of ordinances in conflict herewith b e, and the
same are hereby repealed.
Section 13 . That this ordinance shall become effective immediately upon p assage on
second and final reading.
12
Ord No. 16-12
PASSED AND ADOPTED in regular session on second and final readi ng on this the
_____ day of ___________________, 2012.
_________________________________
Mayor
ATTEST:
_______________________________
City Clerk
First Reading __________________
Second Reading _________________
MEMORANDUM
TO:Mayor and City Commissioners
FROM:R. Brian Shutt, City Attorney
DATE:May 29, 2012
SUBJECT:AGENDA ITEM 12.A. - REGULAR COMMISSION MEETI NG OF JUNE 5, 2012
ORDINANCE NO. 16 -12
ITEM BEFORE COMMISSION
The item before the City Commission is Ordinance No. 16-12 which provides for modifications to the
Police/Fire Pension Ordinance.
BACKGROUND
The City of Delray Beach Police and Fire Pension Board requested certain changes to our City
ordinance regarding the police/fire pension plan in order to implement certain provisions of state law,
the Internal Revenue Code and the decision in the case of the Department of Management Services v.
City of Delray Beach. The Pension Board has also proposed changes that are not required by state or
federal law but would require a policy determination by the Commission. Jim Linn, the City’s pension
attorney, has also reviewed the proposed ordinance, see attached memo.
I have highlighted the areas where staff has a question or concern regarding the proposed
language. They are:
33.60 – the highlighted words in the definition of “Earnings” was proposed by Jim Linn in an effort to
clarify the language.
33.61 – It is suggested that paragraph 3(b) be removed as the Civil Service Board does not have
j urisdiction over these employees.
33.65 – The pension board requested changes to allow the fire/police chief or their designees to sit on
the board and to extend the terms of board members from 2 to 4 years. This request is not required by
State law or the IRS.
33.73 – The pension board requested this section be added regarding the termination of the plan. Staff’s
concern is that this primarily duplicates State law and that we should just provide a statement that we
will follow State law as it relates to the termination of the plan.
The Commission will need to give direction when approving the ordinance on first reading regarding
the highlighted language.
RECOMMENDATION
Commission discretion.
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MEMORANDUM
TO:Mayor and City Commissioners
FROM:David T. Harden, City Manager
DATE:June 12, 2012
SUBJECT:AGENDA ITEM 10.C. - REGULAR COMMISSION MEETING OF JUNE 19, 2012
ORDINANCE NO. 18 -12
ITEM BEFORE COMMISSION
This ordinance is before Commission for second read ing and quasi-judicial hearing to considera city-
initiated rezoning from RM (Medium Density Resident ial) to CF (Community Facilities) for two parcels
of land located on the east side of S.W. 12 th Avenue, approximately 106 feet north of S.W. 2 nd Street
for the Neighborhood Resource Center Expansion.
BACKGROUND
At the first reading on June 5, 2012, the Commissio n passed Ordinance No. 18-12.
RECOMMENDATION
Recommend approval of Ordinance No. 18-12 on second and final reading.
ORDINANCE NO. 18-12
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND
PRESENTLY ZONED RM (MEDIUM DENSITY RESIDENTIAL)
DISTRICT TO CF (COMMUNITY FACILITIES) DISTRICT; SAI D
LAND BEING A PARCEL LOCATED ON THE EAST SIDE OF SW
12 TH AVENUE, 107 FEET NORTH OF SW 2 ND STREET, AS MORE
PARTICULARLY DESCRIBED HEREIN; AMENDING "ZONING
MAP OF DELRAY BEACH, FLORIDA, JANUARY 2012";
PROVIDING A GENERAL REPEALER CLAUSE, A SAVING
CLAUSE, AND AN EFFECTIVE DATE.
WHEREAS, the property hereinafter described is shown on the Zoning District Map of the
City of Delray Beach, Florida, dated January 2012, as being zoned RM (Medium Density
Residential) District; and
WHEREAS, at its meeting of May 21, 2012, the Planning and Zoning Board for the City of
Delray Beach, as Local Planning Agency, considered this item a t a public hearing and voted 7 to 0
to recommend that the property hereinafter described be rezoned, based u pon positive findings; and
WHEREAS, pursuant to Florida Statutes 163.3174(4)(c), the Planning and Zonin g Board,
sitting as the Local Planning Agency, has determined that the c hanges are consistent with and
further the objectives and policies of the Comprehensive Plan; and
WHEREAS, the City Commission of the City of Delray Beach a dopts the findings in the
Planning and Zoning Staff Report; and
WHEREAS, the City Commission of the City of Delray Beach fi nds the ordinance is
consistent with the Comprehensive Plan; 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 recitations set forth above are incorporated herein.
Section 2. That the Zoning District Map of the City of Delray Beac h, Florida, be, and the
same is hereby amended to reflect a zoning classification of CF (Community Facilities) District for
the following described property:
2 ORD NO. 18-12
Lots 9 and 10 inclusive, Block 6, Atlantic Gardens, as recorded in Plat Book 14, Page 63, of
the Public Records of Palm Beach County, Florida.
Section 3 . 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 Delr ay Beach, Florida, to conform
with the provisions of Section 2 hereof.
Section 4. That all ordinances or parts of ordinances in conflict herewi th be, and the same
are hereby repealed.
Section 5. That should any section or provision of this ordinance or any portion thereof, a ny
paragraph, sentence, or word be declared by a court of competent j urisdiction to be invalid, such
decision shall not affect the validity of the remainder hereof as a whole or part thereof other than
the part declared to be invalid.
Section 6 . That this ordinance shall become effective immediately upon passage on second
and final reading.
PASSED AND ADOPTED in regular session on second and final readi ng on this the _____
day of ___________________, 2012.
____________________________________
ATTEST M A Y O R
_______________________________
City Clerk
First Reading__________________
Second Reading________________
MEMORANDUM
TO:Mayor and Ci ty Commissioners
FROM:CANDI N. JEFFERSON, SENIOR PLANNER
PAUL DORLING, AICP, DIRECTOR OF PLANNING AND ZONING
THROUGH:CITY MANAGER
DATE:May 25, 2012
SUBJECT:AGENDA ITEM 12.B. - REGULAR COMMISSION MEETING OF JUNE 5, 2012
ORDINANCE NO. 18 -12
ITEM BEFORE COMMISSION
The item before the City Commission is consider ation of a rezoning from RM (Multiple Family
Residential) to CF (Community Facilities) for the Nei ghborhood Resource Center Expansion located at
133 SW 12 th Avenue.
BACKGROUND
The action requested of the City Commission is approval of a z oning change from RM (Medium
Density Residential) to CF (Comm unity Facilities) for Lo ts 9 & 10, Block 6 Atla ntic Gardens Delray
Subdivision to accommodate the Neighbor hood Resource Center Expansion.
The subject property consists of approximately 13,939 square feet. The property previously contained a
2,514 sq. ft. multiple family dwelli ng which was built in 1967. This structure was demolished on July 8,
2011. The vacant parcels are currently owned by th e Community Redevelopment Agency (CRA).
The RM zoning district does not allow community centers as either a principal or conditional use, thus a
rezoning application is being requested to change the existing zoning de signation from RM (Mediu m
Density Residential) to CF (Community Facilities).
The expansion will occur on prope rty immediately north of the existing Nei ghborhood Resource Center ,
which was rezoned from RM to CF, by the City Commission on June 20, 2006 through City Ordinanc e
No. 32-06. The proposed change seeks to apply a zoning designation which is consistent with th e
adjacent use and complements the needs of the neighborhood. Additiona l background and an analysis o f
the request are found in the attached Planning and Zoning Board Staff Report.
REVIEW BY OTHERS
At its meeting of May 21, 2012, the Planning and Z oning Board held a public hearing in conjunction
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with the request. The Board voted 7-0 to recommend approval of the rezoning from RM to CF, b y
adopting the findings of fact and la w contained in the staff report, and a finding that the request is
consistent with the Comprehensive Plan and th e Southwest Area Neighborhood Development Plan, and
meets the criteria set forth in Sections 3.1.1, 3.2.2, and 2.4.5(D)(5) of the Land Development
Regulations. The Board did emphasize the need to look at the adequacy of on-site parking during
review by the Site Pl an Review and Appearance Board (SPRAB).
RECOMMENDATION
Move approval of the rezoning from RM (Multiple Family Residential) to CF (Community Facilities)
b y adopting the findings of fact and law contained in the st aff report, and finding that the request is
consistent with the Comprehensive Plan and the Southwest Area Neighbor hood Redevelopment Plan,
and meets the criteria set forth in Sections 3.1.1, 3.2.2, and 2.4.5(D)(5) of the Land Development
Regulations.
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MEMORANDUM
TO:Mayor and City Commissioners
FROM:David T. Harden, City Manager
DATE:June 12, 2012
SUBJECT:AGENDA ITEM 10.D. - REGULAR COMMISSION MEETING OF JUNE 19, 2012
ORDINANCE NO. 20 -12
ITEM BEFORE COMMISSION
This ordinance is before Commission for second read ingto consider a city-initiated ordinance amending
Chapter 110, “Local Business Taxes Generally”, Sect ion 110.15, “Local Business Tax Schedule”, to
provide for a 5% percent increase in all business t ax fees.
BACKGROUND
At the first reading on June 5, 2012, the Commissio n passed Ordinance No. 20-12.
For additional information a survey of tax rates an d revenues from other cities is attached. The spec ific
classifications listed for cities are shown only as examples and are far from all inclusive.
RECOMMENDATION
Recommend approval of Ordinance No. 20-12 on second and final reading.
ORDINANCE NO. 20-12
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING CHAPTER 110,
“LOCAL BUSINESS TAXES GENERALLY”, OF THE CODE OF
ORDINANCES BY AMENDING SECTION 110.15, “LOCAL
BUSINESS TAX SCHEDULE”, TO ELIMINATE OUTDATED
BUSINESS CLASSIFICATIONS AND TO PROVIDE FOR AN
INCREASE IN THE LOCAL BUSINESS TAX SCHEDULE;
PROVIDING A SAVING CLAUSE, A GENERAL REPEALER
CLAUSE, AND AN EFFECTIVE DATE.
WHEREAS, Section 110.15 “Local Business Tax Schedule ”, of the Code of Ordinances of
the City of Delray Beach establishes the individual b usiness tax required to be paid annually to the
City by persons engaging in or managing/transacting an occu pation or profession; and
WHEREAS, pursuant to Chapter 205, Florida Statutes , the City Commission has determined it
to be appropriate to increase said local business tax.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSI ON OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1 . That Chapter 110, “Local Business Taxes Generall y”, of the Code of
Ordinances is amended by amending Section 110.15, “Loca l Business Tax Schedule”, to read as
follows:
The following enumerated individual local business tax es shall be paid to the City by the
persons engaging in or managing or transacting the several occupations or professions named yearly,
unless otherwise specified:
Classification All Fees
$156.56
164.39
except
as noted
Abstracting Company
Land title, warranty or security company. Each indi vidual conducting the business of abstracting
title, either in part or in whole, shall pay a lice nse tax.
Academy of Music
Adult Entertainment
Advertising
2 ORD. NO. 20-12
Agencies, firms, associations, corporations or othe r persons distributing circulars, pamphlets or
other advertising matter, except local merchants an d theaters advertising in this way their own goods
and merchandise, shall pay an annual license tax.
Ad vertising
Agencies engaged in the business of bill posting sh all pay a license tax, per year.
Advertising Office, Public Relations
Alleys, Bowling, Boxball or Tenpins
Each lane 25.35
26.62
Ambulance
Separate from undertaking, each 88.57
93.00
Amusement Parlors or Concert Halls
Apartment , Rooming Houses
Per room, excluding kitchen and bathrooms 6.37
6.69
Aquarium
Armored Car Service
Each vehicle 88.57
Art Gallery
(1) Art Studio, workshop, classes
(2) Artist, commercial (See Retail)
(3) Artist material or supplies (See Merchants)
(4) Artists' outdoor sale:
Each sale, first day 37.97
Each day thereafter 12.74
Astrologists, Clairvoyants, Fortune Tellers, Palmis ts, Phrenologists, Spiritualists, Numerologists and
Mental Healers
These activities and others of a similar nature, wh ether or not in connection with another business
charging fees, shall pay a license tax.
Athletic Club, Gymnasium /Fitness Center
(Zoning)
Auctio neers
Auctions
Auction, Real Estate
Per day
3 ORD. NO. 20-12
Automatic Amusement Machines, Games or Devices, Dis tributor
Annual Fee
Note: It is understood that this shall not be const rued to license or permit operation or display of
gambling devices.
Automatic Games and Devices
or otherwise, marble games, such as throwing balls at figures and the like, which are not elsewhere
provided for in this Chapter.
Each machine or apparatus 63.21
66.37
Automatic Trade Machines
Where only incentive to operate same is to procure such as gum, nuts and the like
Each machine 37.97
39.87
Distributor 149.94
157.44
Automatic Weighing Machines Distributor
Each machine 12.74
13.38
Automobile or Motor Vehicles, Trucks, Farm Tractors and Farm Implements, Motorcycles
(1) Auto agency or dealer, in new or used cars, motor v ehicles, motorcycles, trucks, farm tractors
and farm implements, with one principal place of bu siness, not to exceed one lot for display purposes,
each agency, not to include repairs.
(2) Each additional display lot.
(3) Rental of vehicle not to exceed thirty (30) days as replacement for vehicles undergoing repairs
by agency.
Automobile
(1) Automatic car wash, not in connection with other bu siness
(2) Automobile association (See Insurance)
(3) Driving school
(4) Parking lots, commercial, each lot
(5) Repair shop or garage, in connection with auto agen cy
(6) Repair shop or garage not in connection with other business
(7) Self -serve car wash, first unit 50.60
53.13
Each additional unit 12.74
(8) U -Drive rentals
(9) Upholstering, tops, seat covers and the like
4 ORD. NO. 20-12
(10) Automobile used parts, dealers in, used for purpose s other than junk
(11) Wrecker service, towing
(12) Auto detailing
Automobile Service Station
Washing and polishing, greasing, lubricating and li ke servicing of automobiles, selling gasoline and oil,
but not to include repair work and not to include t he sale of merchandise required to be licensed
otherwise by ordinance under Merchants.
Automobile Service Station
Selling merchandise other than petroleum products u sed in greasing and lubricating, shall pay the
Merchants license on other merchandise in addition to the foregoing.
Baby Sitter Service 75.94
82.37
Baggage or Freight Transfer Company
Bakery
Wholesale and retail, each store
Ballrooms for Profit
Banks (National and State chartered),
Savings and Loan Associations (per Section 5219 Revised Statutes 12 U.S.C. 548)
Bankruptcy, Closing Out, Trustee Sale
(See Fire sale)
Barber Shops
Beach Equipment
(Subject to bids to the Commission)
Beauty Shops
Bible, Holy —Solicitors
Bicycle Shop, both retail and repair
Billiard, Pool or Bagatelle Tables
For profit, e E ach table 63.21
66.37
Birds
Dealers
Blueprinting Service
Maps, plats and the like
Boat Agencies, New/Used
Each lot, not to include repairs
5 ORD. NO. 20-12
Boats for Hire
Fishing, cruising or sightseeing (each boat)
Boathouses
Storage only
Boat Marinas, Dockage, Yacht Basins
Boat Repair
Boiler, Machine Shops or Foundries
Bondsman, Bail Bonds
Book, Magazine Solicitors
Per week 63.21
66.37
Per person 25.36
26.62
Interstate commerce No fee
Bookkeeper/Accountant , not C.P.A.
Boot and Shoe Repair Shop
Bottling Works
Brokers
Stockers, [Stocks,] bonds, mortgages, customs and o thers
Building Inspector
Building and Loan Associations (See Banks)
Burglar Alarm Company
Bus Station , intrastate business only
Business College, Trade Schools
Business Office
Butcher Shop
Cabinet Shop
Carpet and Rug Cleaning
Each location
Caterers
Fixed base or mobile, each truck 63.21
66.37
Ceramic Studio
Chemical Companies
Christmas Tree Sales
6 ORD. NO. 20-12
Season only, each lot
Citrus Fruits and Vegetable Retail (See Merchants)
Claim and Collecting Agencies
Cleaning, Pressing, Dyeing (See Laundries)
Clothing
Secondhand dealers
Cold Drink Stand (See Merchants)
Cold Storage
All types
Commission Merchants
Handling shipments (other than specifically provided for herein) on a Commission basis
Computer Service
Concrete Products (See Manufacturer)
Concrete Ready -Mix Plant
Contractors
(1) General
(2) Engineering contractor (includes bridge, bulkheadin g , drainage, excavating, sewer construction,
dredging, irrigation systems, pile driving, seawall s, sidewalk, street grading and paving and similar
contract work
(3) Structural and reinforced iron and steel
(4) Subcontractors and others as listed:
Concrete, stone, brick
Electrical
Heating and ventilating
House movers
Masons
Plasterers
Roofing
Sheet metal and tinsmith
Septic tank
Tile Well drilling
Floor sanding and finishing
Lathers
Plumbers
7 ORD. NO. 20-12
(5) Any person who shall accept orders to be engaged in the business of accepting orders or
constructs on cost plus, fixed fee, stated sum, per centage basis or any combination thereof, or for
compensation other than wages for doing work on or in any building or structure requiring the use of
paint, stone, brick, mortar, cement, wood, structur al steel or iron, sheet iron, metallic piping, tin,
lead or any other building material; or to do any p aving or curbing on sidewalks or streets, on public or
private property, using asphalt, brick, stone, ceme nt or wood or any combination; or to excavate for
foundations or any other purpose, or to construct s ewers, septic tanks, docks, drive piling, construct
bridges, construct seawalls and bulkheads of any an d all description; and who is engaged in the
business of building, remodeling, repairing, razing or moving, whether it be by contract, fixed fee or
sublet, percentage or any combination thereof, or f or compensation other than wages, shall be
deemed to be a contractor within the meaning of thi s Chapter.
Convalescent Home (not sanitarium)
Ch. 400, Florida Statutes, zoning, State Department of Health and Rehabilitative Services
regulations
Costume, Clothing Rental
Credit Bureaus
Dairies (milk distributors, jobbers or creameries deliverin g milk)
Each truck 88.57
Dance Halls
Dancing Schools
Data Processing (See Professional)
Dealers in Secondhand Firearms
This license shall be exclusive of all other licens e taxes. All secondhand dealers shall keep a
permanent record of all purchase and sales, includi ng dates, description of property purchased or sold ,
names and addresses of persons purchasing or sellin g them.
Delicatessen
Dental Supplies
Dental Technician Laboratory
Department Stores (See Merchants)
Detective Agency
Each location (state certificate)
Distributor
Dog and Pet Grooming
Sale of supplies (See Merchants)
Dressmaking, Hemstitching (no stock carried)
Drugs, Retail Dealer (See Merchants)
Dry Cleaning (See Laundries)
Electric Light and Power Companies
8 ORD. NO. 20-12
Emigrant Agents
Including any agent, solicitor or recruiter engaged in the business of hiring, enticing or soliciting
laborers or emigrants.
Employment Agencies
Engravers or Lithographers
Export or Import Companies
Express Companies (Intrastate only)
Exterm inators (State certificate)
Fertilizer Manufacturers —Mixing Plant
Fire Extinguisher Sales, Service
Fire and Wreck Sales
When not conducted by bona fide business concerns p reviously established and doing business in the
City), of undamaged goods of that firm having damage by fire or wreck, each sale.
Fish or Poultry Market
Fish Peddler (See Peddlers of merchandise)
Fishing Tackle (See Merchants)
Fishing Tackle or Gun Repair
Florists or Dealers in Flowers , each
Food Lockers —Cold Storage
Fruit, Vegetable Stand
Fumigating (See Exterminators)
Furniture and House Furnishing (See Merchants)
Gas Companies
(1) Distributing and selling gas through pipelines
(2) Selling bottled gas
(3) Gas tank wagon delivery only
Gasoline and Oil Distributors
Wholesale, Storage Facilities in the City
Golf Courses , each
Golf Driving Range , each
Golf Miniature , each
Guaranty or Surety Title Companies
Guard, Patrol Service (See Detective Agency)
Guns, Sales or Repair /Gun Range
9 ORD. NO. 20-12
Need Federal firearms dealers license
Harness and Saddlery (See Merchants)
Home Occupation
Hospitals, Sanitarium
Hotels
Per room, excluding kitchens and bathrooms 6.37
6.69
Hypnotists
Must meet requirements set forth in F.S. Chapter 45 6
Ice Cream Manufacturers
Ice Cream Parlors
Ice Cream Wagon or Truck , each 126.41
132.73
Ice Manufacturing or Storage
Import, Export (See Export)
Insecticide
Manufacturers or dealers
Installers, Carpets
Insurance Adjusters
Insurance Agency
For each company represented
Insurance
Baggage, each company represented
Insurance
Casualty, life, hospitalization, industrial, burial , bonding and surety companies, each
Interior Decorator
Invalid and Hospital Supplies
Jewelry
Dealers buying and selling old gold, silver and oth er precious metals, or offer to buy and sell
(permanent records of all purchases and sales, incl uding dates, description of property purchased and
sold, names and addresses of persons purchasing or selling required).
Jewelry Repair
Jewelry Store (See Merchants)
Junk Shops or Dealers
License required whether or not sale or purchase or both, or solicitations are made
10 ORD. NO. 20-12
Kennels, Animal (Approved location)
Key Shop, Locksmith and Associated Services (See Merchants)
Knife, Scissors and Tool Sharpener
Landscape Company
Laundry or Dry Cleaning Plant
Agent for out of town laundries
Local agency, permanent office
Self -service
Lawn Maintenance
Lawn Spraying
Board of Health certificate
Linen or Diaper Service
Loan, Finance, Mortgage Company
Lumber Dealers
Lunch Stands , (Not over twenty -five (25) chairs)
Machine Shops (Not automobile)
Mail Order Business
Maintenance (Floor, home, office, building)
Manicurist , each 75.94
79.77
Manufacturer
Marble and Granite Works
Massage Salon
Masseur, Masseuse , each 75.94
79.77
Meats (See Butcher shop)
Merchandise, Secondhand (See Secondhand dealers)
Merchants, Druggists and Storekeepers
Messenger Service (exclusive of telegrams)
Mimeograph and Letter Shop
Monuments and Tombstones
Motion Picture Theaters
Performances of moving pictures or other forms of e ntertainment
Movers (See Storage)
11 ORD. NO. 20-12
Moving Company
Musical Devices
Operator of mechanically operated (whether operated in connection with or separate from any
other business)
License or tag must be displayed on each machine
Musical Devices (Distributor)
Music Teachers
Nails, Acrylic Shops (State certificate)
Newspaper Publisher
News Companies (Owners or managers of)
Newsstands
Owners or managers of, where daily and weekly newsp apers or magazines, postcards and the like
are sold
Night Clubs
Restaurants, dining rooms or other establishments, whether floor show or other form of
entertainment, exclusive of orchestra, is provided for guests.
Novelty Works (See Manufacturer)
Nursery
Shrubs, trees, plants or landscaping
Nursing Home (See Convalescent home)
Office Machine Repairs (See Repair shop)
Oil (See Gasoline)
Paint Manufacturer (See Manufacturer)
Parcel Delivery
Each vehicle 75.94
Pawnbrokers
Peddlers of Merchandise
(1) Not otherwise enumerated specifically herein, shall pay a license tax per day of, each person 25.36
26.62
(2) Peddlers who are not producers of the product they sell and who peddle from house to house the
products of the farm, grove or waters, shall pay a license tax per day of, each person
25.36
26.62
(3) Peddlers, hawkers or vendors engaged in the occupat ion of selling products such as fruit, eggs
and vegetables and farm products from wagon, push c art or other vehicle, shall pay a license tax of,
each vehicle
(4) Peddlers, hawkers, vendors, agents or solicitors soliciting business for out -of -town business
houses or enterprises not maintaining place of busi ness in city, providing however that this provision
12 ORD. NO. 20-12
does not apply to wholesalers dealing exclusively w ith retailers
(5) Traveling stores, dry goods, groceries, clothing, boots and shoes
Pet Shop or Grooming (See Dog and pet grooming)
Pharmacies
Photo Processing, Film Developing
Photographers
Piano tuners
Picture Agents
Plating with Metals
Portable Toilets
Postcard Stands (Only)
Potato Chips (See Manufacturer)
Print Shop or Publishing
Private Postal Mailbox
Private Schools (See Schools)
Professional
(1) The following practitioners are classed as professi onal, and each person engaged in the practice
of this profession other than persons receiving onl y a salary or wage by a licensed practitioner in th is
City, is required to pay a professional local busin ess tax:
Accountants and auditors
Architects
Architects, landscaping
Attorneys and lawyers
Business consultant
Chemists
Chiropractors
Chiropodists
Data processing
Dentist
Draftsman
Engineers, civil, consulting
Interior Design
Opticians
Optometrists
13 ORD. NO. 20-12
Osteopathic physicians
Physicians
Psychiatrists
Research laboratory or office, for profit
Surgeons
Tax consultant
Veterinarians or veterinary
Other professions not classified
(2) For each person operating with the person licensed in the preceding clause, other than the
professional employees
Property Management
Promoters
Entertainment, sports or contests
Public Hall for Hire
Public Stenographer
Publishing Company
Books, directories and the like
Radio Communications
Radio Repair Shop (See Repair Shops)
Railroad Companies , each
Real Estate Agency or Broker
Recording Studio
Reducing Salon
Rental Equipment (All types)
Repair Shops , each
Repairs from Truck or Other Vehicle
Restaurants (If dancing permitted, see Night clubs)
Cafes and public eating places (whether food is ser ved in connection with or separate from other
business, except dining rooms in connection with ho tels)
Retirement, Rest Home (See Convalescent home)
Rinks (Bicycle, skating or other)
Roof Trusses (Se Manufacturer)
Sawmill Yard
Schools
14 ORD. NO. 20-12
Secondhand Dealers
(1) In goods, wares and merchandise, secondhand or othe rwise, known as secondhand dealers
exclusive of firearms. (See Dealers in secondhand f irearms and secondhand clothing)
(2) All secondhand dealers shall keep a permanent recor d of all purchases and sales, including
dates, description of property purchased and sold, names and addresses of persons purchasing or
selling them.
(3) However, the business shall be adequately housed in side a substantial store building and
provided that before any person shall sell or be en gaged in the business of selling goods, wares,
merchandise or other personal property, the sales b eing advertised as bankrupt, insolvent, insurance,
assignee, trustee, auction, syndicate, railroad or other wreck, wholesale, manufacturer's or closeout
sale, or as goods damaged by smoke, fire, water or otherwise, the person shall file an application wit h
the Commission, which application shall be passed o n by the Commission and a license tax paid.
Secretarial Service
Seed Stores (Wholesale and Retail) (See Merchants)
Ship Brokers
Shoemaker and Repairs
Shooting Gallery (See Gun Ranges)
Sign Painters
Commercial but not erecting
Soda or Mineral Water Fountains
Solicitor (See Peddlers of Merchandise)
Sporting Goods (See Merchants)
Stamp or Old Coin Dealer
Storage Warehouse or Room
Tailors /Seamstress
Tanning Salon
Tattoo Salon
Tax Agency (See Professional)
Taxidermist , or agents for
In addition to other license
Taxis
First vehicle 126.63
132.96
Each additional vehicle 63.21
66.37
Telegraph Companies
15 ORD. NO. 20-12
Telemarketing
Telephone Answering Service
Telephone Solicitation (See Sections 118.40 through 118.45)
Telephone Systems and Companies
Intrastate business only
Temporary Business Receipts
(1) Business temporarily located inside enclosed shoppi ng mall; thirty (30) days only (no extensions) 75.94
(2) Special events, no more than once annually (if unde r three (3) days), as approved by Commission
(each license, not otherwise enumerated herein)
No fee
(3) Special events, no more than once annually (in exce ss of three (3) days), as approved by
Commission (each license, not otherwise enumerated herein)
75.94
Temporary Holiday/Vendors 75.94
79.74
Termite Control Companies
Theatrical Directors
Who charge for services in directing local talent plays or performances, each performance
Theatrical or Dramatic Groups or Companies
For profit, where performance is not given in local , licensed theater, each performance
Towel, Diaper, Uniform Supply Company
Towing Service (See Automobile)
Trade Schools
Trading Stamp Companies
Trailer Park
Trailer, Truck Rental
Travel Bureaus
Tree Pruner (Must have insurance)
Trucks
Motor -driven, also doing freight transportation, hauling or transfer business for profit, except where
other licenses are paid in conducting business, eac h. (Does not apply to trucks owned by the city,
county or state)
U -Drive -It Cars (See Automobile)
Undertakers, Embalmers and Funeral Directors
Uniform Supply (See Towel, diaper, uniform supply company)
Upholsterer
Vending Machines (See Automatic trade machines)
16 ORD. NO. 20-12
Venetian Blinds
Repair, installation and associated services
Vulcanizing
Each place of business
Watch Repair
Water (Sold in bottles) (See Bottling works)
Water Companies
operating same
Water -Softening Service
Weight Clinic
Weighing Machines (See Automatic trade machines)
Wheelchair Rental (See Invalid)
Window Cleaning
Window Tinting
Wood Yard
Wrecker Service (See Automobile)
Section 2 . That should any section or provision of this ordin ance or any portion thereof,
any paragraph, sentence, or word be declared by a cou rt of competent jurisdiction to be invalid, such
decision shall not affect the validity of the remain der hereof as a whole or part thereof other than th e
part declared to be invalid.
Section 3. That all ordinances or parts of ordinances in confl ict herewith be, and the same are
hereby repealed.
Section 4 . That this ordinance shall become effective immedia tely upon its passage on second and
final reading.
PASSED AND ADOPTED in regular session on second and final reading on this the _____ day of
___________________, 2012.
____________________________________
ATTEST M A Y O R
_______________________________
City Clerk
First Reading__________________
Second Reading________________
MEMORANDUM
TO:Mayor and Ci ty Commissioners
FROM:Lula Butler; Director , Community Improvement
THROUGH:David Harden; City Manager
DATE:May 31, 2012
SUBJECT:AGENDA ITEM 12.C. - REGULAR COMMISSION ME ETING OF JUNE 5, 2012
ORDINANCE NO. 20 -12
ITEM BEFORE COMMISSION
The item before the Commission is Ordinance N o. 20-12, which increases the local business tax
schedule across the board by 5%.
BACKGROUND
Pursuant to Florida Statute Chapter 205, local busines s taxes may be increased by up to 5% every other
year. The last increase in the local business ta x schedule occurred in March 2008. This ordinance
modifies Section 110.15 by increasing al l local business taxes by 5%. Over the next year, this increase
would give the City approximately $34,000 in additional revenue. This or dinances also eliminates some
outdated business tax classificat ions that are no longer used.
RECOMMENDATION
Staff recommends approval of Ordinance No. 20-12.
Pa g e 1of 1 Coversheet
6/12/2012 htt p ://itweba pp /A g endaIntranet/Bluesheet.as p x?ItemID=5671&Meetin g ID=378
1
City of Delray Beach
M E M O R A N D U M
TO: Lula Butler, Director Community Improvement
THRU: Al Berg, Assistant Director Community Improvement
FROM: Danise Cleckley, Code Enforcement Executive Assistant
DATE: June 11, 2012
SUBJECT : Updated Business Tax Receipt Survey
A survey was completed June, 2012, to compare the cost municipalities are charging f or Business
Tax Receipts (BTR). All city fees listed below vary ba sed on the type or classification of the
business. For example, when working with retail business, an additi onal amount is added to the
fee to accommodate the size of the business in square footage. How ever, the City of Delray
Beach continues to charge a flat rate of $156.56 and does not charge an addi tional fee per square
footage. The municipalities listed below, (with their annual fee s and revenues) are the
representative sample we have reviewed and considered as we form ulated our recommendation
to increase the business tax fee by 5% effective upon the adop tion of Ordinance No. 20-12 after
public hearing on June 19 th at the regular City Commission meeting. The City’s projec ted BTR
revenue for Fiscal year 2012 is $680,000. We are on target to meet this projection.
• City of Boca Raton $105.00 ( Annual Revenue $900,000)
• City of Boynton Beach $40.00 (application fee)(Annual Revenue $1.4 million)
Retail $97.63 + $5.15 per $1000.00 for inventory over $5,000.
Restaurant $97.65 + $3.50 per seat.
• City of Coral Springs $120.00 (Annual Revenue is $1.2 million per year)
• City of Palm Beach Gardens $100.00 (Annual Revenue is $1.3 million per year)
Residential businesses $75.00.
Retail $75.00 + $6.00 per $1000.00 for inventory up to $99,999.
Restaurants $94.00 - $200.00
Salon establishment $470.00.
2
• City of Riviera $120.00 (Annual Revenue not provided )
• City of Port St. Lucie $ 47.55 (Annual Revenue $1.4 million)
Retail $88.20 + $6.09 per $1000.00 inventory over $5,000.
Restaurants $127.63, 50 seats orless; $255.25 for > 50 seats.
• City of West Palm Beach $ 86.81 (Annual Revenue not provided)
• Village of Wellington $100.00 (Annual Revenues average $800,000 per year)
Financial Institutions $450.00
Tattoo establishments $1,000.00.
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