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09-07-04 Agenda Reg City of Delray Beach Regular Commission Meeting I RULE~ FOR PUBLIC PARTICIPATION 1. PUBLIC COMMENT: The public is encouraged to offer comments with thc order of presentation being as follows: City Staff, public comments, Commission discussion and official action. City Commission meetings are business meetings Tuesday. September 7. 2004 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 Regular Meeting 6:00 p.m. presiding officer has discretion to adjust the amount of time allocated. Publ/c Hearings 7:00 p.m. A. Public Hearings: Any citizen is entitied to speak on items under this Commission Chambers section. Deltay Beach City Hall 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 th/s section. The Comm/ssion may withhold comment or direct the City Manager to take action on requests or comments. (I. Regular Agenda and First Reading Items: When extraordinary circumstances or reasons exist and at the discretion of the Commission, citizens may speak on any official agenda item under these sections. 2, 8IGN 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 COMMISIlON: 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 th/s 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~ Flor/da 33444 The City will furnish ancillary aids and services to afford an individual with a disability an opportunity to participate in and enjoy the benefits of a service, Phone: ($61) 243-7000 program, or activity conducted by the City. Contact Doug Randolph at 243- Fax: (561) 243-3774 7127, 24 hours prior to the event in order for the City to accommodate your request. Adaptive listening devices are available for meetings in the Commission Chambers. 1. ROLL C~l.I.. 2. INVOCATION. 3. PLEDGE OF ~l J.EGIANCE TO THE FLAG. 4. AGENDA APPROVAL. 5. APPROVAL OF MINUTES: · August 17, 2004 - Regular Meeting 6. PROCLAMATIONS: A. Recognizing N. Willatd (Bill) Schwartz B. Calling for a Special Election to be held on November 2, 2004, on the referendum question regarding the release of part of Lot 15, Block 101, behind current library site. 7. PRESENTATIONS: · NONE 8. CONSENT AGENDA: City Manager Recommends Approval. A. SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD (SCRWTDB): Approve the Tripartite Interlocal Agreement and the Fifth Amendment to the Interlocal Agreement regarding reclaimed water. 1. TRIPARTITE INTERLOCAL AGREEMENT: Approve the Tripartite Interlocal Agreement between the City, the City of Boynton Beach, and the South Central Regional Wastewater Treatment and Disposal Board (SCRWTDB) which transfers the present reclaimed water line from the SCRWTDB to the City of Boynton Beach. In exchange the City will receive $1,359,255.13 which is om equity interest in the line. 2. FIFTH AMENDMENT TO THE INTERLOCAL AGREEMENT: Approve the Fifth Amendment to the Interlocal Agreement which allows the South Central Regional Wastewater Treatment and Disposal Board {SCRWTDB) to be a wholesaler of reclaimed water to the Cities of Boynton Beach and Delray Beach. B. FINAL SUBDMSION PLAT APPROVAL/COURT YARDS AT MARTEIJ. ARMS PLAT: Approve the subdivision plat for Court Yards At Martell Arms, a re- plat of a portion of the Plat Martell Arms, located on the west side of the 1000 block of N.E. 8~ Avenue. 09-07-2004 C. RESOLUTION NO. 65-04: Approve the abandonment of a portion of the Dixie Highway right-of-way, adjacent to Lot 4 of the Plat of Delray Beach Estates, approximately 1,700 feet south of Gulf Stream Boulevard. D. RESOLUTION NO. 66-04: Approve the abandonment of a portion of the S.W. 7e' Street fight-of-way, located between Interstate 95 and S.W. 17th Avenue fights-of-ways. E. ACCEPTANCE OF A RIGHT-OF-WAY DEED/GRAY PLAZA: Approve and accept a fight-of-way deed associated with Gray Plaza, located at 85 S.W. 5~" Avenue. F. ACCEPTANCE OF HOLD HARMLESS AGREEMENT/KURT PETERSON: Approve and accept a hold harmless agreement between the City and Kurt Peterson for the insr~ll~tion of landscaping within a public fight-of-way. G. RESOLUTION NO. 64-04: Approve a resolution supporting a referendum to be held on November 2, 2004 for the levy of a half-cent sales tax by the School Board of Palm Beach County for the purpose of financing a comprehensive plan to construct and renovate public schools countywide. H. RESOLUTION NO. 70-04: Approve a resolution adopting the Revised Unified Palm Beach County Local Mitigation Strategy Plan. I. RESOLUTION NO. 71-04 (GRANT APPLICATION TO STATE OF FLORID~: Authorize the Delray Beach Public Library staff to submit an operating grant application directly to the State of Florida to obtain operating funds for operations and maintenance of the library. J. RESOLUTION NO. 63-04: Approve a resolution supporting the establishment of the Palm Beach Countywide Coastal Council and approve an Interlocal Agreement establishing the Palm Beach Countywide Coastal Council, which replaces the Palm Beach Countywide Beaches and Shores Council. K. INITIATION OF FUTURE LAND USE MAP AMENDMENT: Formally initiate Future Land Use Map (FLUM) Amendment from TRN (Transitional) to MD (Medium Density Residential 5-12 dwelling units per acre); and rezoning from POD (Professional Office District) to RM (Medium Density Residential) associated with the parcels involved with the Intracoastal Park land swaps between the Florida Inland Navigational District (FIND), City of Delray Beach, and the Delray Harbor Club, located on the east side of South Federal Highway, approximately 700 feet south of S.E. 10~" Street. L. INTERLOCAL AGREEMENT/COMMUNITY REDEVELOPMENT AGENCY: Approve an interlocal agreement between the City of Delray Beach and the Community Redevelopment Agency (CRA) for planning services in the amount of $60,000.00. 09-0%2004 M. AMENDMENT TO CONTRACT FOR SALE AND PURCHASE/UNIVERSAL BEACH SERVICE CORPORATION; Approve Amendment to the Contract for Sale and Purchase between the City and Universal Beach Service Corporation to extend the dosing date to fifteen (15) days beyond the conclusion of the quiet title action. N. GRANT APPLICATION TO FLORIDA RECREATION DEVELOPMENT ASSISTANCE PROGRAM: Authorize staff to submit a grant application to the Florida State Depamnent of Environmental Protecfion's Recreation Development Assistance Program for funding in the approximate amount of $30,000.00 for playground equipment for Miller Park. O. INDEPENDENT CONTRACTOR AGREEMENT/THE ARC: Approve an independent contractor agreement between the City and The ARC for a trained inclusion specialist for a special needs child in our Out of School Program in the approximate amount of $16,190.00. Funding is available from 001-4105-572-34.90 (General Fund/Other Contractual Services). P. SENIOR COMMUNITY SERVICE EMPLOYMENT PROGRAM: Approve the Parks & Recreation Department's participation as a host agency in the Senior Community Service Employment Program. Q. CONTRACT ADDITION/CHAZ EOUIPMENT. INC.: Approve a Contract Addition in the amount of $25,500.00 to Chaz Equipment for emergency force main repair work associated with the piping modifications at Lift Station 50. Funding is available from 442-5178-536-63.51 (Water/Sewer/Renewal/Replacement Fund/Sewer Mms). R. HOUSING REHABILITATION GRANT/CONTRACT AWARDS: Approve Housing Rehabilitation grant/contract awards through the Community Development Division in the amount of $16,222.50 to Sun Band Builders (145 S.W. 134 Avenue), $11,613.00 to South Florida (240 N.W. 2"d Avenue), $18,532.50 to Sun Band Builders (314 N.W. 4* Avenue), and $22,155.00 to Tommy Preston (105 S.W. 74 Street). Funding is available from 118-1963-554-49.19 (Community Development/SHIP Grant/Housing Rehabilitation). S. REOUEST TO EXTEND CLOSING HOURS FOR SANDOWAY PARKING LQT; Approve a request by Perry DonFrancisco to extend the cloCmg hours to 2:00 a.m. at Sandoway Park on October 23, 2004 and October 24, 2004. T. MORTGAGE _IOINDER AND CONSENT/CRISANTI AND CAMPBEIJ. PROPERTIES: Approve the City's execution of a Mortgage Joinder and Consent to subordinate the City's mortgage to the easement deed regarding the Crisanti and Campbell Properties. U. RESOLUTION NO. 72-04: Approve a resolution supporting the reauthorization of the Federal Transportation Programs. 09-07-2004 V. SPECIAL EVENT REOUEST/ART & JAZZ ON THE AVENUE: Approve and endorse the Art & Jazz on the Avenue scheduled for October 21, 2004 from 6:00 p.m. to 10:00 p.m., granting a temporary use permit per LDR Section 2.4.6(I-1) for the closure of Atlantic Avenue from Swinton to N.E. 7th Avenue, the south side parking lane of Atlantic Avenue from N.E. 7th Avenue to just past the Blue Anchor Pub, l~ailroad Drive from Atlantic Avenue to N.E. 1st Street, N.E. 2na Avenue from Atlantic Avenue to N.E. 1st Street, and authorize staff support for security and traffic control, banner hanging and removal, barricade set-up/removal, trash removal and clean up. W. SPE(3IAL EVENT REOUEST/18a' ANNUAL TURKEY TROT: Approve a special event request to allow the 18t~ Annual Turkey Trot to be held on Saturday, November 20, 2004 from 6:30 a.m. until approximately 8:30 a.m., including temporary use permit per LDR Section 2.4.60-t) for the closure and use of A-1-A from Casuafina to George Bush Boulevard from 5:00 a.m. to approximately 10:00 a.m., and authorize staff support for security and traffic control, barricade set-up/removal, trash removal and clean up, use of small stage, and waiver of parking meter fees for Sandoway, Ingraham, and Anchor Park as well as along Atlantic Avenue from Venetian to A-1-A from 8:00 a.m. until approximately 10:00 a.m. X. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Land Development Boards for the period August 16, 2004 through September 3, 2004. Y. AWARD OF BIDS AND CONTRACTS: 1. Purchase award to Taylor Data Systems, Inc. in the amount of $69,914.34 for nine (9) Walkabout Hammerhead XRT Mobile Data Terminals, mounting brackets, and docking stations for the Fire Depa, h,~ent. Funding is awilable from 334-6111-519-64.11 (General Construction Fund/Computer Equipment). 2. Purchase award to Hall-Mark Fire Apparatus/Horton ]~.mergency Vehicles in the amount of $169,215.00 via the City of Columbus, Ohio hid for one (1) Heavy Duty Paramedic Rescue Vehicle for the Fire Department. Funding is available from 501-3312-591-64.20 (Central Garage Fund/Automotive) FY 03/04 and 501-3312-591-64.21 (Central Garage Fund/Vehicle Restoration) FY 03/04 and FY 04/05. 3. Contract award to Construction Quality Control, Inc. in the amount of $89,986.00 for construction of the Delray Swim and Tennis Storage Building Project. Funding is available from 117-4133-572-62.10 (Recreation Impact Fee Fund/Buildings). 9. REGULAR AGENDA: A. APPEAL OF SITE PLAN REVIEW AND APPEARANCE BOARD DECISION/PALMS OF DELRAY: Consider an appeal of the Site Plan Review and Appearance Board's decision approving a Class IV Site Plan Modification, Landscape Plan, and elevations associated with the construction of two (2) new apartment buildings at the Palms of Delray, located on the south side of Dotterel Road, approximately 100 feet east of Jaeger D~ive. ((~uasi-Juch'cial B. CONDITIONAL USE REOUEST/GROVE SOUARE: Consider a request for conditional use approval to allow for a density in excess of 30 units per acre (38.2 dwelling units per acre) and to allow for building height up to 54' 3" for Grove Square, a proposed mixed-use development consisting of 800 square feet of retail floor area and 55 dwelling units, located at the northeast comer of S.E. 1st Street and S.E. 2~ Avenue. (Quasi-Ju&~ial Heati~g) C. SPECIAL EVENT REOUEST/1~r ANNUAL ALL AMERICA DUCK DERBY: Consider approval of a special event request to allow the 1st Annual All America Duck Derby, sponsored by the Sunrise Rotary Club of Delray Beach, to be held October 16, 2004 from 10:00 a.m. until 6:00 p.m. at Veteran's Park, including temporary use permit per LDR Section 2.4.6(H) for the use of Veteran's Park and the parking lot, and authorize staff support for security and traffic contxo~ barricade set-up/removal, trash removal and clean up, with event signage to be installed no earlier than October 7, 2004; contingent on the sponsor providing a bold harmless agreement, receipt of the Coast Guard approval one week before the event, and the sripularion that the dump truck cannot proceed any farther than the road barricade on N.E. 1st Street and a crane is not permitted on site. D. REOUEST FOR IN-H~U p~RlC/NG SPACES/JOE'S RESTAURANT: Consider a request from Joe's Restaurant for the purchase of four (4) in-lieu parking spaces in the amount of $48,000.00. Joe's Restaurant is located at 19-23 S.E. 5~ Avenue (Southbound Federal Highway). (Quasi-JudiciMHeari~g) E. REOUEST FOR IN-HRU PARKING SPACES/COLD STONE CREAMERY: Consider a request from Cold Stone Creamery for the purchase of five (5) in-lieu parking spaces in the amount of $60,000.00. Cold Stone Creamery is located at 110 East Atlantic Avenue. (Quasi-Juda'ciMHem'i~g) F. REOUEST FOR IN-IJIz. U PARKING SPACES/ATLANTIC COFFEE AND TEA: Consider a request from Atlantic Coffee and Tea for the purchase of two (2) in- lieu parking spaces m the amount of $24,000.00. Atlantic Coffee and Tea is located at 504 East Atlantic Avenue. (QuaM-Judic~alHeari~g) G. REOUEST FOR IN-HI~.U PARKING SPACES/MANO-A-MANO (AKA TAPAS): Consider a request from Mano-A-Mano (aka Tapas) for the purchase of one (1) in-lieu parking space in the amount of $6,000.00. Mano-A-Mano is located at 8 East Atlantic Avenue. (QnaM-Judiciai Hearing) 09-07-2004 H. REOUEST FOR IN-LIEU PARKING SPACES/329 PINEAPPLE GROVE WAY: Consider a request from 329 Pineapple Grove Way for the purchase of one in-lieu parking space in the amount of $6,000.00. (Quasi-JndicialHeat~g) I. GOLF COURSES MANAGEMENT SERVICE AGREEMtiNT; Consider approval of the Selection Committee's rankings of the Request For Proposals (RFP's) for the Golf Courses Management Service Agreement and authorize staff to proceed with contract negotiations with the number one (1) ranked firm, JCD Sports Group. J. TENNIS FACILITIES MANAGEMENT SERVICE AGREEMENT: Consider approval of the Selection Committee's rankings the Request For Proposals (RFP's) for the Tennis Facilities Management Service Agreement and authorize staff to proceed with contract negotiations with the number one (1) ranked firm, JCD Sports Group. K. RESOLUTION NO. 61-04: Consider approval of Resolution No. 61-04 authorizing the issuance of not exceeding $24,000,000 in the initial aggregate principal amount of the City's General Obligation Improvement Bonds, Series 2004 (Recreational and Cultural Projects); prodding for the form and terms of the bonds. L. RESOLUTION NO. 62-04: Consider approval of Resolution No. 62-04 authorizing the competitive sale of the City's General Obligation Improvement Bonds, Series 2004 (Recreational and Cultural Projects) in the initial aggregate principal mount of not exceeding $24,000,000. M. LEGAL ACTION/CAROLINA CABANA: Consider authorizing staff to commence legal action against Carolina Cabana for breach of contract as the exclusive provider of beach umbrellas, chairs, and cabanas on the municipal beach. N. REOUEST TO REDUCE LIENS/COMMUNITY REDEVELOPMENT AGEN{~2Y; Consider a request from the Community Redevelopment Agency (CRA) to waive a portion of the liens for interest and admimstrative fees in the amount of $3,846.59 assessed for abating nuisances on property located at 17 N.W. 5~ Avenue. The Community Redevelopment Agency is prepared to pay the remaining lien of $1,898.42. Staff recommends approval. O. CHILDREN'S SERVICES COUNCIL/MEMORANDUM OF AGREEMENT AND SUBCONTRACTS/COMMUNITY CHILD CARE CENTER/CHILDREN'S CASE MANAGEMENT ORGANIZATION: Consider approval of a Memorandum of Agreement between the City of Delray Beach and Children's Services Council (CSC) in the amount of $766,676.00 in support of the Beacon Center Services at Village Academy Elementary School and Subcontracts between the City and the Community Child Care Center in the amount of $603,276.00 and between the City and the Children's Case Management Organization in the amount of $163,400.00 for carrying out services at the Beacon Center. 09-07-2004 P. APPOINTMENTS TO THE BOARD OF AD_IUSTMENT: Appoint two (2) alternate members to the Board of Adjustment for unexpired terms ending August 31, 2005. Based upon the rotation system, the appointments will be made by Commissioner McCarthy (Seat #4) and Mayor Perlman (Seat #5). Q. APPOINTMENTS TO THE CODE ENFORCEMENT BOARD: Appoint one (1) r~gu/ar member to the Code Enforcement Board for an unexpired term ending January 14, 2006 and one (1) alternate member for an unexpired term ending January 14, 2007. Based upon the rotation system, the appointments will be made by Mayor Perlman (Seat #5) and Commissioner Coslin (Seat #1). R. APPOINTMENTS TO THE BOARD OF CONSTRUCTION APPEALS: Appoint three (3) members to the Board of Construction Appeals; one (1) member for a two (2) year term ending August 31, 2006 and two (2) members for unex~tred terms ending August 31, 2005. Based on the rotation system, the appo'mtments will be made by Commissioner Levinson (Seat #3), Mayor Perlman (Seat #5), and Commissioner Costin (Seat #1). S. APPOINTMENT TO THE NEIGHBORHOOD ADVISORY COUNCIL: Appoint one (1) member to the Neighborhood Advisory Council for Zone Six for an unexpired term ending October 31, 2006. Based upon the rotadon system, the appointment will be made by Mayor Perlman (Seat #5). 10. PUBLIC HEARINGS: A. RESOLUTION NO. 67-04 .(TENTATIVE MILLAGE LEVY).: A resolution tentatively levying a tax on all properties within the City of Dekay Beach for operation and maintenance and for payment of principal and interest on bonded indebtedness for FY 2005. B. RESOLUTION NO. 69-04 .(TENTATIVE MII.I.&GE LEVY/DDA): A resolution tentatively levying a tax on all properties within the Downtown Development Authority Taxing District of the City of Delray Beach for FY 2005. C. RESOLUTION NO. 68-04 (TENTATIVE BUDGET ADOPTION FOR FY 2005): A resolution tentatively making appropriations of sums of money for all necessary expenditures of the City of Delray Beach for the period October 1, 2004 through September 30, 2005. D. ORDINANCE NO. 35-04 (FIRST READING/FIRST PUBLIC HEARING): An ordinance amending Land Development Regulations (LDR) Section 4.6.90g), "Location of Parking Spaces", relating to in-lieu fees and mending Appendix "A" "Definitions", by enacting a definition for new development, redevelopment, and in-fill development. If passed, a second public hearing will be scheduled for September 21, 2004. 09-07-2004 E. ORDINANCE NO. 50-04 (FIRST READING/FIRST PUBLIC HEARING): An ordinance mending Land Development Regulations (LDR) Section 4.4.18(B)(4), "Service Industry", of the Planned Commerce Center Zoning District, Allowed Uses, to add "Food Catering Establishments, preparation, and storage only (No Food Served on Premises)" as a permitted use. If passed, a second public hearing will be scheduled for September 21, 2004. 11. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS PROM THE PUBLIC- IMMEDIATELY FO! .I.OWING PUBLIC HEARINGS. A. City Manager's response to prior public comments and inquiries. B. From the Public. 12. FIRST READINGS: A. ORDINANCE NO. 47-04: Future Land Use Map (FLUM) Amendment from MD (Medium Density Residential 5-12 dwelling units per acre) to TRN (Transitional) and rezoning from RM (Medium Density Residential 6-12 dwelling units per acre) to RO (Residential Office) for a 0.86 acre parcel of land, a portion of the Lighthouse Property, bordered by S.W. lst Street on the north, S.W. 1't Avenue on the east, and S.W. 2"~ Avenue on the west. If passed, a quasi-judicial public hearing will be scheduled for September 21, 2004. B. ORDINANCE NO. 54-04: An ordinance amending Chapter 110, "Occupational Licenses Generally", Section 110.15, "License Tax Schedule", of the City Code of Ordinances to provide for a five (5) percent increase in all occupational license tax fees effective October 1, 2004. If passed, a public hearing will be scheduled for September 21, 2004. C. ORDINANCE NO. 53-04: An ordinance amending Chapter 51, "Garbage and Trash", of the City Code of Ordinances by amending Section 51.70, "Regnl~r Charges Levied", to provide for increasing contracted garbage, trash, recyclin~ vegetation, and bulk waste collection service rates by 2.3% for FY 2005. If passed, a public heating will be scheduled for September 21, 2004. D. ORDINANCE NO. 55-04: An ordinance amending Chapter 53, "Sanitary Sewers", of the City Code of Ordinances by amending Section 53.130, "User Charges; Wholesale Sewer Rates; Calculation of Sewer Surcharge", to provide for an increase of .45 cents per 1,000 gallons for treatment costs. If passed, a public hearing will be scheduled for September 21, 2004. E. ORDINANCE NO. $6-04: An ordinance amending Chapter 52, 'q~/ater" of the City Code of Ordinances by amending Section 52.34, "Water Rates", to provide for increasedresidenfial, nonresidential, andimgafion rates for FY 2005. Ifpassed, a public hearing will be scheduled for September 21, 2004. 13. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS. A. City Manager B. City Attorney C. City Commission POSTED: 8EPTEMBER 3, 2004 09-07-2004 - 10- CITY COMMISSION CITY OF DELRAY BEACH, FLORIDA REGULAR MEETING - TUESDAY, SEPTEMBER 7~ 2004 6:00 P.M. - COMMISSION CHAMBERS AGENDA ADDENDUM THE AGENDA IS AMENDED BY ADDING THE FOLLOWING ITEM: 8. CONSENT AGENDA Z. CONFIRMATION/REVISION/RESCISSION/EMERGENCY RESOLUTIONS: Confirm Emergency Resolutions A, B, D, E and H pursuant to Chapter 95 of thc City Code of Ordinances and approve the rescission of Resolution A and the revised Resolution B. 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. AUGUST 17~ 2004 A Regular Meeting of the City Commission of the City of Delray Beach, Florida, was called to order by Mayor JeffPerlman in the Commission Chambers at City Hall at 6:00 p.m., Tuesday, August 17, 2004. 1. Roll call showed: Present - Commissioner Patricia Archer Commissioner Bob Costin Commissioner Jon Levinson Commissioner Alberta McCarthy Mayor Jeff Perlman Absent - None Also present were - David T. Harden, City Manager Robert A. Barcinski, Assistant City Manager Susan A. Ruby, City Attorney Brian Shutt, Assistant City Attorney Terrill Pyburn, Assistant City Attorney Chevelle D. Nubin, Acting City Clerk 2. The opening prayer was delivered by Reverend Juanita Bryant with the Delray Beach Clergy Association. 3. The Pledge of Allegiance to the flag of the United States of America was given. 4. AGENDA APPROVAL. Mayor Perlman noted the addition of Item 8.K., Citrix License Renewal and Purchase~ to the Consent Agenda by addendum. Also, he noted the addition of Item 9.H., Bexle¥ Park to the Regular Agenda by addendum. In addition, staff requests that Item 12.A., Ordinance No. 52-04 be removed from the Agenda. The City Attorney requested to amend the caption of Item 9.H., Bexle¥ Park to read "status and resolution of outstanding matter regarding Bexley Park." Mr. Levinson moved to approve the Agenda as amended, seconded by Mr. Costin. Upon roll call the Commission voted as follows: Mr. Costin - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes. Said motion passed with a 5 to 0 vote. 5. APPROVAL OF MINUTES: Mrs. Archer stated at the meeting of August 3, 2004, she had no comments for Item 13.C. (Commission Comments) and noted this wording was inadvertently left out. Mr. Costin moved to approve the Minutes of the Regular Meeting of August 3, 2004, as amended, seconded by Mr. Costin. Upon roll call the Commission voted as follows: Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes; Mr. Costin Yes. Said motion passed with a 5 to 0 vote. Mrs. Archer moved to approve the Minutes of the Special Meeting of August 10, 2004, seconded by Mr. Costin. Upon roll call the Commission voted as follows: Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes; Mr. Costin - Yes; Mrs. Archer - Yes. Said motion passed with a 5 to 0 vote. 6. PROCLAMATIONS: 6.A. Prostate Cancer Awareness Month - September 2004 Mayor Perlman noted a proclamation hereby proclaiming September 2004 as Prostate Cancer Awareness Month in Delray Beach, Florida. He noted this proclamation will be mailed. 6.B. Sickle Cell Awareness Month - September 2004 Mayor Perlman read and presented a proclamation hereby proclaiming the month of September 2004 as Sickle Cell Awareness Month. Yvette Coursey, Executive Director, came forward to accept the proclamation. Yvette Coursey, Executive Director of the Sickle Cell Foundation of Palm Beach County, Inc., thanked the City of Delray Beach for its support and stated there is a satellite office in Delray Beach. Ms. Coursey stated there will be a "Walk of Support" on September 4, 2004 in West Palm Beach at Gaines Park. 7. PRESENTATIONS: 7.A. Crisis Intervention Team Officer of the Year~ Sergeant Thomas Matava - Jeff Leston~ South Court ,ty Mental Health Center Jeff Leston, South County Mental Health Center, stated in 2001 the Palm Beach County Criminal Justice Commission and its Committee started looking at programs to divert mentally ill clients fi.om the criminal justice system because there were too many mentally ill people in the Palm Beach County jail. Crisis Intervention Team (CIT) is a program that was developed in Memphis, Tennessee as a result ora fatal shooting by Police of a mentally ill person. The Program consists of forty hours of training that prepares law enforcement officers to be specialists when dealing with -2- 08/17/04 emotionally or psychiatrically disturbed persons. The goal of the Program is to divert mentally ill individuals from the criminal justice commission and for them to get treatment in the most appropriate setting. Mr. Leston stated Sergeant Thomas Matava of the Delray Beach Police Department has been selected as the South Palm Beach County Crisis Intervention Team (CIT) Officer of the Year. Sergeant Thomas Matava, Delray Beach Police Department, came forward to accept the award and thanked everyone for this recognition. 7.B. Government Finance Officer's Association - Distinguished Budget Presentation Award Joseph Safford, Director of Finance, stated the award is given by the Government Finance Officer's Association which is a national association of the United States and Canada. He stated this is the 18th consecutive year the Finance Department has received the award and has also received a special recognition for Performance Measures. He stated the budget process is a very challenging task and was a one-person job but is now a two-person job. Mr. Safford recognized and commended Lisa Hemnann, Budget Analyst, who handled the budget last year in addition to the entire Finance Department staff for their excellent work in helping to receive the award for the 18th consecutive year. 7.C. "Sootlieht on Education" - Kathy Weigel, Principal of Atlantic High School Janet Meeks, Education Coordinator, stated for the benefit of the public she announced the Community Input Meetings regarding the Atlantic High School boundaries will be held on September 2, 2004 at 6:30 p.m. in the auditorium. In addition, she stated there will be several similar meetings throughout the fall. Kathy Weigel, Principal of Atlantic High School, gave a brief overview of the status of the construction for the new Atlantic High School. She stated the school will house approximately 2,500 students and the current enrollment where the school is now located is 2,000 students. Ms. Weigel stated there will be a Construction Academy and a Business and Finance Academy and her hope is to take the Business and Finance Academy and make them the business part of the construction magnet. She stated 107 students took the International Baccalaureate (IB) Program exam and 90% of them passed with the advanced placement. Approximately 397 students took 835 tests and 70% or more passed those exams. Ms. Weigel stated this year they are going to begin with a program called the "Cambridge Schools" which will be for the vocational education students. She briefly explained the Police Academy Program and stated at the completion of the Program (four years) the students can become a certified Community Service Officer. Ms. Weigel stated two of the Assistant Principals from Atlantic High School are now Principals at two other schools (Delray Full Service Center and Boynton Beach High School). She stated the administrators are spreading their knowledge to other students and she feels this is a huge tribute to the community and the school. 08/17/04 Brief discussion between the Commission and Ms. Weigel followed. 7.D. Children's Case Management Organization (CCMO) A~lenev Presentation Julie Swindler, LCSW, Executive Director of the Children's Case Management Organization, Inc. (CCMO) expressed appreciation and gratitude for the City's commitment for their continued presence at Village Academy with the Beacon Project. She stated the CCMO has a wonderful working relationship with the Community Child Care Center and are committed to continue the services to the Village Academy children and the community. Ms. Swindler briefly explained the history of the CCMO and stated their philosophy is "Families are the Experts in Raising Their Children". The Program is strength-based, home-based, and consists of non-traditional hours. She stated the CCMO began with a staff of eight and is now looking at a staff of fifty. Ms. Swindler briefly explained the six programs the CCMO offers and stated they are currently serving 29 families in the Delray Beach area. Brief discussion between the Commission and Ms. Swindler followed. 8. CONSENT AGENDA: Ci,ty Manager Recommends Approval. 8.A. GRANTING OF UTILITY EASEMENT DEEDS/LONE PINE SUBDIVISION: Approve seven (7) of the twenty six (26) utility easements required for the Lone Pine Road Water Main Project. 8.B. DELAIRE COUNTRY CLUB PROPERTY OWNERS' ASSOCIATION TRAFFIC ENFORCEMENT AGREEMENT: Approve an agreement between the City and Delaire Country Club Property Owners' Association allowing the Delray Beach Police Department to enforce local and state traffic laws on its property. 8.C. CHANGE ORDER NO. 1/FINAL PAYMENT/CUSTOM BUILT MARINE CONSTRUCTION~ INC.: Approve Change Order No. 1 in the amount of $1,172.99 and final payment in the amount of $15,251.20 to Custom Build Marine Construction, Inc. for completion of the S.E. 3ra Street and N.E. 4th Street Seawall Parks and Veteran's Park Dock Replacements Projects. Funding is available from 001-4126- 572-46.90 (Parks & Recreation/Veteran's Park/Other Repair/Maintenance Costs). 8.D. THE FRIENDS OF SANDOWAY HOUSE NATURE CENTER~ INC.: Approve a request from The Friends of Sandoway House Nature Center, Inc. to grant a temporary use permit per LDR Section 2.4.6(H) for the use of the southern portion of the Sandoway Parking Lot from 8:00 a.m. on November 5, 2004 through noon on November 8, 2004, and use of thc balance of the Sandoway Lot and the Ingraham Parking Lot for valet parking from 3:00 p.m. until midnight on November 6, 2004, use of the park restrooms, City generator, and staff assistance for security, barricading, clean up, and restroom services to accommodate their annual fund-raiser; contingent on the sponsor providing liability insurance and a hold harmless agreement. -4- 08/17/04 8.E. QUIET TITLE/COUNTY PARCELS: Grant authorization to Quiet Title on three (3) of the six (6) parcels acquired from Palm Beach County. 8.F. CHRIS EVERT PRO-CELEBRITY TENNIS CLASSIC: Approve an agreement between the City of Delray Beach and Chris Even Charities, Inc. for the Chris Even Pro-Celebrity Tennis Classic to be held at the Tennis Center on December 2-5, 2004. 8.G. CONSENT TO RELEASE COVENANT: Approve consent to release covenant on the Mafiposa Development, located at 48 S.E. 1st Avenue. 8.H. DELRAY BEACH RENAISSANCE PROGRAM SUBSIDY: Approve a fired subsidy for one (1) eligible applicant/family in the amount of $21,000.00 for new construction on N.W. 8th Avenue. This brings the number to 160 homeowners assisted under the Renaissance Program. Funding is available from 118-1924-554-49.20 (Home Owner Subsidy). 8.I~ REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Land Development Boards for the period August 2, 2004 through August 13, 2004. 8.J~ AWARD OF BIDS AND CONTRACTS: 1_. Contract award to C&D Construction, Inc. in the amount of $93,218.42 for the City Marina Dock and Pier Replacement Project. Funding is available fi'om 426-4311-575-63.90 (City Marina Fund/Repair/Maintenance/Other Improvements). 2_. Purchase award to Chemical Lime Company at an estimated annual cost of $533,000.00 via the City of Boynton Beach Co-op Bid #069-2821-04/JA for bulk quicklime for the City of Delray Beach. Funding is available fi'om 441-5122-536-52.21 (Water/Sewer Fund/Treatment/Storage Division/Chemicals). 8.1C CITRIX LICENSE RENEWAL AND PURCHASE: Approve the renewal of forty (40) Citrix Licenses and the purchase of seventy (70) additional Citrix Licenses fi'om Syntax, Inc. in the amount of $23,540.06 to allow the MIS Department to install and update software from a centralized point. Funding is available from 334- 6112-519-66.10 (General Construction Fund/Software). Mr. Costin moved to approve the Consent Agenda as amended, seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Ms. McCarthy - Yes; Mayor Perlman - Yes; Mr. Costin - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes. Said motion passed with a 5 to 0 vote. - 5 - 08/17/04 9. REGULAR AGENDA: 9.A. APPEAL OF HISTORIC PRESERVATION BOARD DECISION: Consider an appeal of the Historic Preservation Board's action regarding the proposed Rooftop Lighting Program. (Quasi-JudicialHearing) Mayor Perlman read into the record the City of Delray Beach procedures for a Quasi-Judicial Heating for this item and all subsequent Quasi-Judicial items. Chevelle D. Nubin, Acting City Clerk, swore'in those individuals who wished to give testimony on this item. Mayor Perlman asked the Commission to disclose any ex parte communications. Mr. Levinson, Ms. McCarthy, Mr. Costin, and Mrs. Archer stated they all had a conversation with Rita Ellis, Chairman of the Downtown Development Authority (DDA). Mayor Perlman stated Rita Ellis called him; however, he did not have the chance to call her back. Also, Mayor Perlman stated he was at a Joint Venture meeting last Friday in which this item was briefly discussed. Mr. Dorling stated this proposal involves the installation of Rooftop Lighting on the buildings that front on Atlantic Avenue. The Program initially includes Atlantic Avenue from Swinton Avenue east to the ocean and will eventually be expanded to include the area from 1-95 to Ocean Boulevard. At its meeting of August 4, 2004, the Historic Preservation Board (HPB) considered the Rooftop Lighting Program proposal and after discussion the Board denied the request. The Board raised concerns about the aesthetics, imposition of costs and maintenance upon the property owners, and inappropriateness of the lighting along the downtown buildings. The Board stated that the lighting was neither necessary nor cost effective and that the lighting would appear garish and gaudy. At this point, the applicant came forward: Marjorie Ferret, Downtown Coordinator, stated Rooftop Lighting is an economic tool and is an opportunity to tie together the buildings in the downtown area. Ms. Ferrer distributed computer generated pictures of the proposed Roof Top Lighting Program and she feels this is an opportunity to take a large event in the downtown to include businesses on the Avenue that are not in the exact area (i.e. Christmas tree at Old School Square). Ms. Ferrer stated the idea came from a merchant on the Avenue (owner of the Atlantic Antique Mall) in an effort to bring people to an area through the holidays. She stated in order to promote this 70-80% of the stores have to be willing to support the Program. Ms. Ferrer stated this will be very exciting for economic development and noted the lights will be on for five weeks for five hours (a total of 175 hours for the year). The timers will be set from 5:30 p.m.-Il:00 p.m. and will tie-in with the holiday festivities. In addition, she feels it will allow the opportunity for the restaurants to have early dinner reservations or in some way help promote and market the Rooftop Lighting -6- 08/17/04 Program. Mayor Perlman stated anyone from the public who wishes to speak in favor or in opposition of this item, to come forward at this time. Nancy Stewart, Chairperson for the Delray Merchant and Business Association, strongly supports the appeal of the Historic Preservation Board's decision. Carolyn Zimmerman, 212 S.W. 2nd Avenue, Delray Beach, stated this is an excellent idea and she feels it will help the merchants. Rita Ellis, 512 Andrews Avenue, Chairman of the Downtown Development Authority (DDA), stated the mission of the DDA is to make Delray Beach a destination for people to come and sec the city, eat in the restaurants, shop, and walk along the Avenue. Ms. Ellis stated if people drive on Federal Highway through Delray and are able to get a glimpse of these lights it will have an impact on them and these people may take advantage of the holiday festivities. She strongly urged the Commission to approve the appeal. Mrs. Archer asked if the retail stores involved in this Program will stay open until 9:00 p.m. In response, Ms. Ferrer stated during the holiday season the galleries and the restaurants will be open until approximately 11:00 p.m. Mrs. Archer asked who will maintain the lights. Mrs. Fcrrer stated the property owners are purchasing their own lights or their own electrician. Mrs. Archer asked what will happen if a particular establishment decides they would like to leave their lights up all year round. Ms. Ferrer stated on the permit there will be language that reads "holiday festivities only" or if the Commission would like the town to be lit up for some other reason then they could ask them to do it at that time. Mayor Pcrlman inquired as to whether this program is a voluntary program. Ms. Fcrrer stated this is a voluntary program. Ms. McCarthy inquired whether or not the West Atlantic Avenue Redevelopment Coalition (WARC) has been made aware of this. Ms. Ferrer explained that Rosalind Murray is aware of the project; however, does not know if she has presented this to WARC. Ms. Ferrer stated this program should cover 1-95 to the ocean. Brief discussion by the Commission and Ms. Ferrer followed. Mr. Levinson expressed concern over the appearance of the lights and stated he does not support the appeal. He stated everyone is already driving down Atlantic Avenue to see the Christmas tree, etc. and he does not feel the City needs something else to attract someone to Atlantic Avenue. In addition, he expressed concern over the existing lighting program and feels there is nothing that will look worse than some of the lights on and some lights off. He reiterated that this will be dependent upon the property owner maintaining the lights. Mr. Levinson does not feel the lighting is - 7 - 08/17/04 necessary or will give the right look. He stated although this is for a short period of time he feels it will become more of an issue of maintenance and repair problems. Mrs. Archer expressed concern over the maintenance of the lights and she would like to see a coordinated effort to make sure the lights are maintained appropriately. In addition to the lighting along Atlantic Avenue, Mrs. Archer suggested outlining all the buildings around Old School Square because the site is so dark. Mrs. Archer stated she is in favor of doing a test with this Program to see how it looks and works. Ms. Ferrer stated she is waiting to hear back from a sponsor who may sponsor the entire campus of Old School Square and commented last year they placed rope lights on the palm trees to make the site more festive. Mr. Costin stated this has to be viewed as an economic stimulus for the downtown for a short period of time. He strongly supports the appeal and if it does not work then it can be addressed later. Mr. Costin stated he feels the Commission should give the Program a chance and believes Ms. Ferrer will make sure this job is done right. Mayor Perlman stated he is not averse to trying it because he feels this will add to making the downtown festive during the holiday season and emphasized he would like to see this Program extend from 1-95 to the ocean. Ms. McCarthy stated Ms. Ferrer has thought of marvelous ideas to make the downtown very viable. However, Ms. McCarthy stated at this time she does not believe this will be the magic formula to continue to create a positive economic impact. She stated there is no way to control people driving their families through downtown the same way people did years ago and would take their children to different neighborhoods to see Christmas lights. She stated this will create additional traffic and congestion and feels there are enough activities already in place during the holiday season. Ms. McCarthy stated she does not believe this will achieve what is being projected it will do and thus the reason she is not in favor of the appeal. Mr. Costin moved to approve the appeal of the Historic Preservation Board's decision, seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Mayor Perlman - Yes; Mr. Costin - Yes; Mrs. Archer - Yes; Mr. Levinson - No; Ms. McCarthy - No. Said motion to approve the appeal passed with a 3 to 2 vote, Mr. Levinson and Ms. McCarthy dissenting. At this point, the time being 7:15 p.m., the Commission moved to the duly advertised Public Hearings portion of the agenda. 10~ PUBLIC HEARINGS: 10.A. ORDINANCE NO. 44-04 (SECOND READING/SECOND PUBLIC HEARING): An ordinance amending Ordinance No. 14-04, by enacting a new Subsection 4.6.7(E)(3)(c), "Ground Signs", to allow thc placement of certain Ground -8- 08/17/04 Signs in certain locations. Prior to consideration of passage of this ordinance on Second Reading/Second Public Hearing, a public hearing has been scheduled to be held at this time. The caption of Ordinance No. 44-04 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING ORDINANCE 14-04, BY ENACTING A NEW SUBSECTION 4.6.7(E)(3)(e), "GROUND SIGNS", TO ALLOW THE PLACEMENT OF CERTAIN GROUND SIGNS IN CERTAIN LOCATIONS; BY AMENDING APPENDIX "A" OF THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH TO PROVIDE FOR THE DEFINITION OF "GROUND SIGN"; PROVIDING A SAVINGS CLAUSE, A GENERAL REPEALER CLAUSE, AN INCLUSIONARY CLAUSE AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 44-04 is on file in the City Clerk's office.) Mayor Perlman passed the gavel to Vice Mayor McCarthy and left the dais. The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. Terrill Pybum, Assistant City Attorney, stated the ordinance provides that ground signs will be allowed within the CBD (Central Business District). Vice Mayor McCarthy declared the public hearing open. Ms. McCarthy stated for the benefit of the people who missed the previous hearings on this topic, there was a movement about sandwich signs and sandwich board signs and the City will not be using those for specific grand openings, this was an altemative type of signage to help businesses that did not have frontage on a main street. Mary Alford, 31 N.W. 14th Avenue, Delray Beach, inquired about the definition of ground signs. Ms. Pybum stated ground signs are signs that will be installed on poles located in the ground and are an alternative to portable signs. The City Attorney stated the ground signs are to be used when the regular signage is obscured by being in a courtyard or arcade. In addition, Ms. Alford inquired about the placement of ground -9- 08/17/04 signs in certain locations. In response, Lula Butler, Director of Community Improvement, stated certain locations will be defined by the businesses that meet the criteria and generally there are some locations within the CBD where businesses are within a courtyard and people often times miss the business if they do not have proper identification signs. Since the sandwich signs are not allowed, the ground sign is the alternative to allow them to have some permanent signage. At this point, Mayor Peflman returned to the dais. There being no one else from the public who wished to address the Commission regarding Ordinance No. 44-04, the public hearing was closed. The City Manager stated the version of this ordinance is different from the one that he thought was attached to this item. The City Manager stated he and Lula Butler agreed to remove Item (e)(3) (Ground Signs) on Page 3 of the ordinance because they do not want to have standard designs or pre-approved designs. The City Attorney stated if the Commission approves the ordinance; it would have to be approved with the deletion of the wording for Item (e)(3) on Page 3 of the ordinance. Mr. Levinson moved to adopt Ordinance No. 44-04 on Second Reading/Second Public Hearing as amended, seconded by Mr. Costin. Upon roll call the Commission voted as follows: Mr. Costin - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes. Said motion passed with a 5 to 0 vote. 10.B. ORDINANCE NO. 43-04 (SECOND READING/SECOND PUBLIC HEARING): An ordinance amending Land Development Regulations (LDR) Section 4.4.9(B)(5), "General Commercial Zoning District", to provide that commercial uses are allowed in mixed-use developments in the General Commercial (GC) Zoning District if commercial uses are provided on the ground floor and occupy no less than 25% of the structure. Prior to consideration of passage of this ordinance on Second and FINAL Reading, a public hearing has been scheduled to be held at this time. The caption of Ordinance No. 43-04 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES, BY AMENDING SECTION 4.4.9, "GENERAL COMMERCIAL (GC) DISTRICT", SUBSECTION 4.4.9(B), "PRINCIPAL USES AND STRUCTURES PERMITTED" TO PROVIDE THAT COMMERCIAL USES ARE ALLOWED IN MIXED-USE DEVELOPMENTS IN THE GC ZONING DISTRICT IF -10- 08/17/04 COMMERCIAL USES ARE PROVIDED ON THE GROUND FLOOR AND OCCUPY NO LESS THAN 25% OF THE STRUCTURE; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 43-04 is on file in the City Clerk's office.) The City Attorney read the caption of the ordinance. A public heating was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. Paul Doffing, Director of Planning and Zoning, stated the current regulations require that 50% of the gross floor area of a mixed-use building be devoted to commercial uses. The current provision of at least 50% of the total floor area is reasonable for a two-story structure; however, it becomes more impractical for a three or four-story structure to accommodate such minimum percentages of commercial floor area. Thus, the proposed amendment of LDR Section 4.4.9(B)(5) is to require the ground floor of a mixed-use building be devoted to commercial uses and that the ground floor equates to at least 25% of the total building square footage. At its meeting of July 19, 2004, the Planning and Zoning Board held a public hearing in conjunction with the proposed text amendment. The Board recommended approval of the proposed amendment with a vote of 6-0 (Peltzie absent), by adopting the findings of fact and law contained in the staff report, and finding that the request and approval thereof is consistent with the Comprehensive Plan and meets criteria set forth in Sections 1.1.6(A) and 2.4.5(M) of the Land Development Regulations. Mayor Perlman declared the public hearing open. There being no one fi.om the public who wished to address the Commission regarding Ordinance No. 43-04, the public hearing was closed. Mr. Costin asked if office space is considered commercial. In response, Mr. Dorling stated office space is considered commercial. Mrs. Archer moved to adopt Ordinance No. 43-04 on Second Reading/Second Public Hearing, seconded by Mr. Costin. Upon roll call the Commission voted as follows: Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes; Mr. Costin - Yes. Said motion passed with a 5 to 0 vote. 10.C. ORDINANCE NO. 40-04: An ordinance providing for a referendum to be held on November 2, 2004, on the question of whether the majority of the qualified voters of the City voting in the referendum special election give their consent and permission for the release of any deed restrictions and for the transfer and sale of the North 48 feet of Lot 15, Block 101 (Library), located behind the current library site at 29 -11- 08/17/04 S.E. 4th Avenue and fronting on S.E. 5t~ Avenue. Prior to consideration of passage of this ordinance on Second and FINAL Reading, a public heating has been scheduled to be held at this time. The caption of Ordinance No. 40-04 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PROVIDING FOR A REFERENDUM OF THE QUESTION OF WHETHER THE MAJORITY OF THE QUALIFIED VOTERS OF THE CITY VOTING IN THE REFERENDUM SPECIAL ELECTION GIVE THEIR CONSENT FOR THE RELEASE OF DEED RESTRICTIONS AND ALLOWING THE TRANSFER AND SALE OF THE NORTH 48 FEET OF LOT 15, BLOCK 101, LOCATED BEHIND THE CURRENT LIBRARY SITE AT 29 S.E. 4TH AVENUE AND FRONTING ON S.E. 5TH AVENUE IN THE CITY OF DELRAY BEACH, AS MORE PARTICULARLY DESCRIBED HEREIN; PROVIDING FOR A REFERENDUM ON THE ISSUE TO BE HELD ON NOVEMBER 2, 2004 AND PROVIDING AN EFFECTIVE DATE. (The official copy of Ordinance No. 40-04 is on file in the City Clerk's office.) The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. Mayor Perlman declared the public hearing open. Marcus Gould, 24 N.W. 8th Avenue, Delray Beach (business owner), asked staff to define this ordinance. The City Attorney stated this is an ordinance that will place something on the ballot in November for people to vote on. She explained that the question is "Do you consent to the release of a deed restriction on Lot 15 located behind the current library site which would allow the sale of that property?" The City Attorney stated several months ago the voters approved a release of a similar deed restriction on the current library site. There being no one else fi.om the public who wished to address the Commission regarding Ordinance No. 40-04, the public hearing was closed. -12- 08/17/04 Mr. Levinson moved to adopt Ordinance No. 40-04 on Second and FINAL Reading, seconded by Mr. Costin. Upon roll call the Commission voted as follows: Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes; Mr. Costin - Yes; Mrs. Archer - Yes. Said motion passed with a 5 to 0 vote. 10.C.1. RESOLUTION NO. 50-04: A resolution calling for a special election to be held on November 2, 2004, to provide for a referendum on the question presented in Ordinance No. 40-04 regarding the release of deed restrictions and allowing for the transfer of the North 48 feet of Lot 15, Block 101. Prior to consideration of passage of this resolution, a public hearing has been scheduled to be held at this time. The caption of Resolution No. 50-04 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, CALLING FOR A SPECIAL ELECTION TO BE HELD ON NOVEMBER 2, 2004, TO PROVIDE FOR A REFERENDUM ON THE QUESTION PRESENTED lin ORDINANCE NO. 40-04 REGARDING THE RELEASE OF DEED RESTRICTIONS AND ALLOWING FOR TRANSFER OF THE NORTH 48 FEET LOT 15, BLOCK 101, LOCATED BEHIND THE CURRENT LIBRARY SITE AT 29 S.E. 4TH AVENUE AND FRONTING ON S.E. 5TH AVENUE, PROVIDING FOR THE TIME, MANNER AND MEANS OF HOLDING SAID ELECTION, PROVIDING A SAVING CLAUSE AND AN EFFECTIVE DATE. (The official copy of Resolution No. 50-04 is on file in the City Clerk's office.) The City Attorney stated this resolution calls for the Special Election to be held pursuant to ordinance requirements. Mr. Levinson moved to approve Resolution No. 50-04, seconded by Mr. Costin. Upon roll call the Commission voted as follows: Ms. McCarthy - Yes; Mayor Perlman Yes; Mr. Costin - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes. Said motion passed with a 5 to 0 vote. 10.D. ORDINANCE NO. 41-04: An ordinance providing for a referendum to be held on November 2, 2004, on the question of whether the majority of the qualified voters of the City voting in the referendum special election give their consent and permission for the release of any deed restrictions and for the transfer and sale of part of Block 52 (Tennis Center), located on the northwest comer of N.W. 1st Avenue and -13- 08/17/04 Atlantic Avenue. Prior to consideration of passage of this ordinance on Second and FINAL Reading, a public hearing has been scheduled to be held at this time. The caption of Ordinance No. 41-04 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PROVIDING FOR A REFERENDLrM OF THE QUESTION OF WHETHER THE MAJORITY OF THE QUALIFIED VOTERS OF THE CITY VOTING IN THE REFERENDUM SPECIAL ELECTION GIVE THEIR CONSENT FOR THE RELEASE OF DEED RESTRICTIONS, AND ALLOWING THE TRANSFER AND SALE OF PART OF BLOCK 52 NOW USED FOR PARKING AND LOCATED ON THE NORTHWEST CORNER OF N.W. 1ST AVENUE AND ATLANTIC AVENUE IN THE CITY OF DELRAY BEACH, AS MORE PARTICULARLY DESCRIBED HEREiN; PROVIDING FOR A REFERENDUM ON THE ISSUE TO BE HELD ON NOVEMBER 2, 2004 AND PROVIDiNG AN EFFECTIVE DATE. (The official copy of Ordinance No. 41-04 is on file in the City Clerk's office.) The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. The City Attorney stated in 1990 a referendum was held on the entire Block 52 and voters voted to release all deed restrictions on Block 52 if the proceeds were used for a tennis facility. She stated the voters of the City of Delray Beach passed the referendum previously releasing the deed restriction with the caveat that the proceeds be used for a tennis facility. The City Attorney stated the City is redoing that out of the utmost faimess to the voters so the City can redistribute monies if it should be sold in the future and noted this would be only doing the part that is the parking area instead of the entire Block 52. Mayor Perlman declared the public hearing open. Jayne King, President of Progressive Residents of Delray (PROD) and speaking on behalf of PROD, P.O. Box 6543, Delray Beach, 33482, stated PROD feels that the parking area at the tennis center is public land utilized for the public good and should not be sold to a private developer for private gain. She stated PROD feels this land should remain as public land as deeded for recreational purposes especially in these times of decreasing land inventory. - 14- 08/17/04 Rosetta Rolle, 301 N.W. 3ra Avenue, Delray Beach, stated she does not understand the resolution and asked what the rationale is behind selling a portion of the tennis center. Mayor Perlman stated the rationale is in support of the adopted Downtown Master Plan and the idea is to create a pedestrian oriented environment that extends west. Ms. Rolle expressed concern over the green space and there not being enough of it to take care of the citizens. Ms. Rolle feels ifa building is built in front of the tennis courts it is going to take away fi'om what the people want and will not be conducive to pedestrian travel. Ms. Rolle urged the Commission to reconsider voting on this item. Yvonne Gugel, 1 Harbourside (g4701) Drive, Delray Beach, stated 68 years ago someone had the foresight to give the land for municipal use and feels we do not know what is going to happen 68 years from now. Ms. Gugel stated if the restriction on the land is changed it is allowed to be sold and the money will be spent but the land will be gone. She urged the Commission to reconsider voting on this item. Deborah Bennett, 137 Seabreeze Avenue, Delray Beach, suggested that something be placed in front of the tennis facility that will attract people and can be a place where people can sit and rest. Carolyn Zimmerman, 212 S.W. 2nd Avenue, Delray Beach, stated she does not want to see a building placed in front of the tennis facility and would like to see the tennis facility remain. Bill Wood, President of the Chamber of Commerce, commented about the West Atlantic Avenue visioning process which took place in the early 1990's and stated one of the things that was clear about what people wanted for West Atlantic Avenue was some ability to do things that are being done on East Atlantic Avenue (i.e. creating a pedestrian environment). Mr. Wood stated the Downtown Master Plan calls for pockets of green space and areas to sit and be comfortable and agrees that these are needed in strategic places. However, Mr. Wood stated you do not want a huge City block where people walk in front of parked cars. Mr. Wood encouraged everyone to vote when this is placed on the ballot. Patricia A. Smith, N.W. 5065 3ra Street "C", Delray Beach, expressed concern over the parking areas and stated she would like to see the tennis center remain. Philip Martinetti, 2757 S. Clearbrook Circle, Delray Beach, (member of the tennis center) expressed concern over where people will park who utilize the tennis facility if the parking spaces are taken away. Mary Alford, 31 N.W. 14th Avenue, Delray Beach, stated developers are coming into Delray Beach getting whatever they want without any regard to citizens who have lived in Delray for years. Mary McOwen, 302 N.W. 18th Street, Delray Beach, stated she has lived in Delray Beach for 35 years and has been playing at the tennis center for most of those -15- 08/17/04 years. She stated the City of Delray Beach has spent millions of dollars to make a beautiful facility that the entire City is very proud off Mrs. McOwen stated that there is not sufficient space for buildings to be erected in front of the tennis facility and expressed concern that there would be no place to park. Alice Finst, 707 Place Tavant, Delray Beach, stated in her opinion this was not well thought out and inquired as to where the City is going to buy the parking that is going to accommodate those spaces for the people who are at the tennis center and asked where will the parking be provided for the buildings. She feels some very creative things can be done with the green spaces in front of the tennis facility and commented it would can'y the pathway to Atlantic Grove. Mrs. Finst urged the Commission to let staff come up with something creative at a minimum cost that would fulfill the request of the Downtown Master Plan. Jim Smith, 1225 S. Ocean Boulevard, Delray Beach, encouraged the Commission to listen to the people and stated this is public land. He does not support the sale of the land and stated the people want Atlantic Avenue to be pedestrian friendly from 1-95 to Swinton Avenue. There being no one else from the public who wished to address the Commission regarding Ordinance No. 41-04, the public hearing was closed. Prior to the vote, Ms. McCarthy stated she understands the Downtown Master Plan is a guide and is a development of a multitude of ideas that were put forth by citizens throughout the City with ideals. Ms. McCarthy stated she is not in favor of this ordinance because she feels there are other creative ways to create a pedestrian walkway. She feels the parking is very relevant and necessary in front of the tennis center. She stated a lot of money was spent to build the beautiful tennis building that the public uses as well as the downstairs that people who are aspiring to be avid tennis players use because it is a public facility. Ms. McCarthy stated the City has things in place so citizens have input and the right to speak at this public hearing. Mayor Perlman stated the Downtown Master Plan is a guiding principal that was intended to redefine the geography of the downtown to include everything from 1-95 to the ocean and in order for that to happen, the City needs to move people out of their cars onto West Atlantic Avenue where they can walk and enjoy. He supports the Downtown Master Plan however understands it to be conceptual in nature. Brief discussion continued between Mayor Perlman and the City Attorney. Mr. Levinson moved to approve Ordinance No. 41-04 on Second and FINAL Reading, seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Mayor Perlman - No; Mr. Costin - No; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - No. Said motion failed with a 3 to 2 vote, Mayor Perlman, Mr. Costin and Ms. McCarthy dissenting. -16- 08/17/04 10.D.1. RESOLUTION NO. 51-04: A resolution calling for a special election to be held on November 2, 2004, to provide for a referendum on the question presented in Ordinance No. 41-04 regarding the release of deed restrictions and allowing for the transfer and sale of part of Block 52. Prior to consideration of passage of this resolution on Second and FiNAL Reading, a public hearing has been scheduled to be held at this time. The caption of Resolution No. 51-04 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, CALLING FOR A SPECIAL ELECTION TO BE HELD ON NOVEMBER 2, 2004, TO PROVIDE FOR A REFERENDUM ON THE QUESTION PRESENTED IN ORDINANCE NO. 41-04 REGARDING THE RELEASE OF DEED RESTRICTIONS AND THE TRANSFER AND SALE OF PART OF BLOCK 52, LOCATED ON THE NORTHWEST CORNER OF N.W. IsT AVENUE AND ATLANTIC AVENUE, AS MORE PARTICULARLY DESCRIBED IN ORDINANCE NO. 41-04, PROVIDING FOR THE TIME, MANNER AND MEANS OF HOLDING SAID ELECTION, PROVIDING A SAVING CLAUSE AND AN EFFECTIVE DATE. (The official copy of Resolution No. 51-04 is on file in the City Clerk's office.) The City Attorney stated Resolution No. 51-04 is being withdrawn. 10.E. ORDINANCE NO. 46-04: An ordinance amending Chapter 31, "City Officials and Employees", by amending Section 31.02, "Compensation of Commissioners and Mayor", to provide for salary increases for the Mayor and City Commissioners to bring salaries in line with neighboring municipalities. Prior to consideration of passage of this ordinance on Second and FINAL Reading, a public hearing has been scheduled to be held at this time. The caption of Ordinance No. 46-04 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDiNG CHAPTER 31, "CITY OFFICIALS AND EMPLOYEES", BY AMENDING SECTION 31.02, "COMPENSATION OF COMMISSIONERS AND MAYOR", PROVIDING A SAVINGS CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. -17- 08/17/04 (The official copy of Ordinance No. 46-04 is on file in the City Clerk's office.) The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. Mayor Perlman declared the public heating open. Carolyn Zimmerman, 212 S.W. 2nd Avenue, Delray Beach, supports the salary increase for the Mayor because she feels the position of Mayor is a full-time position and should be paid as such. Jayne King, representing Progressive Residents of Delray (PROD), stated PROD has agreed there should be a salary increase for the Commissioners and the Mayor. In addition, Ms. King stated PROD would like to see the positions be made full- time positions. Reverend John M. Jackson, 309 N.W. 7th Avenue, Delray Beach, concurs with comments expressed by Ms. King because the City of Delray Beach has grown significantly over the last several years. He feels the position of the Mayor should not be limited to what he has now because there are so many functions he is expected to attend and expressed support for increasing the salary of the Mayor. Jay Slavin, 2601 N.W. l0th Street, Delray Beach, commented about the comparison of salaries to other cities for the Mayor and the Commissioners listed in the Sun-Sentinel News. She feels the City of Delray Beach has a disgraceful set of salaries and strongly supports increasing the salaries for both the Mayor and the Commissioners. Bill Wood, 377 N.W. 8th Street, Delray Beach, (not representing the Chamber of Commeme) supports the City Manager form of government and does not want to see the Mayor's position made into a full-time position. However, Mr. Wood does support salary increases for both the City Commission and the Mayor. Kevin Warner, 248 Venetian Drive, Delray Beach, referenced quotes fi.om the Sun-Sentinel News regarding the Atlantic Grove Project and Bexley Park. Mr. Warner expressed concern over the request from the Commission and the Mayor and stated he does not support the salary increases. Jim Smith, 1225 S. Ocean Boulevard, Delray Beach, stated it has been too long between raises and suggested that there be a mechanism in place to have the salaries of the Mayor and the Commission reviewed more frequently. He stated even with the increase the rate is too low; however, he suggested that the increase be structured so that the increase is no higher than 10-15% every few years. Mr. Smith stated the City of Delray Beach is very fortunate to have the Mayor and the Commissioners. -18- 08/17/04 John Bennett, 137 Seabreeze Avenue, Delray Beach, concurs with comments expressed by Mr. Smith and stated the Commission deserves the salary increases. Rosetta Rolle, 301 N.W. 3~d Avenue, Delray Beach, concurs with comments expressed by some of the previous speakers and stated when the Commission receives more then the people will request more. Mary Alford, 31 N.W. 18th Street, Delray Beach, stated she appreciates the Mayor and the City staff because they care about people and accommodate the citizens. She stated she appreciates the responses she has received when she has a concem and feels the Mayor and Commissioners deserve a salary increase. There being no one else from the public who wished to address the Commission regarding Ordinance No. 46-04, the public hearing was closed. Mr. Costin moved to adopt Ordinance No. 46-04 on Second and FINAL Reading, seconded by Mr. Levinson. Upon roll call the Commission voted as follows: Mr. Costin - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes. Said motion passed with a 5 to 0 vote. At this point, the Commission moved to Item 11, Comments and Inquiries on Non-Agenda Items from the City Manager and the Public. ll.A. Citv Manager's response to prior public comments and inquiries. The City Manager had to response to prior public comments and inquiries. 11.B. From the Public. ll.B.1. Deborah Benne~ 137 Seabreeze Avenue~ Delra¥ Beach~ stated she would like to clear up a rumor that she inherited millions. She talked briefly about democracy and the principals of social equality and respect for individuals within the community. Mrs. Bennett stated citizens have the right to know what government agencies are doing and how tax dollars are being spent. She stated some people in the city are retaliating against her husband in retribution of her lawsuit. ll.B.2. Jim Smith~ 1225 S. Ocean Boulevard~ Delra¥ Beach~ expressed kudos to the City for the installation of a sidewalk along the east side of S.E. 7th Avenue from Atlantic Avenue to S.E. 1st Street. He feels as a result, residents will be more inclined to walk to the new restaurant and other downtown destinations. Mr. Smith stated there will be fewer cars driving around downtown which reduces the pressure on providing even more downtown parking and feels sidewalks are people friendly and improve the quality of life for everyone. Mr. Smith requested that the City plant shade trees where possible along the new sidewalk and because in his opinion there is nothing more important for pedestrians than protection from the sun and rain. He urged the Commission to consider -19- 08/17/04 and encourage building overhangs, awnings, and shade trees when planning every new sidewalk. ll.B.3. Marcus Gould~ 24 N.W. 8th Avenue, Delra¥ Beach (business owner)~ suggested that a Pioneer's Walk or Park be erected so that his children have a chance to see who made the city and who built it. He stated by erecting something the community can take pride in will help to rebuild the honor and the integrity of the community. ll.B.4. John Bennett~ 137 Seabreeze Avenue~ Delra¥ Beach~ commented about the meeting last Friday morning of the Governmental Affairs Committee at the Chamber of Commerce. He stated there was a report of a threat to the well-being of Delray Beach and after analyzing the report in his opinion felt it was the mix of classic propaganda techniques. At this point, the time being 8:25 p.m., the Commission moved back to Item 9.B. of the Regular Agenda. 9.B. FUNDING REQUEST/ROOTS CULTURAL FESTIVAL~ INC.: Consider a request from Ms. Elizabeth Wesley to provide funding assistance to the 27th Annual Roots Cultural Festival, Inc. for their event which was held Augast 6-8, 2004. Funding is available from 001-6311-572-83.01 (General Fund/Other Grants/Aid). Robert A. Barcinski, Assistant City Manager, stated the Commission requested additional information from Ms. Elizabeth Wesley for the Roots Cultural Festival, Inc. expenses. He stated the Commission should have received a debt analysis which is based on new information received on Monday. With regard to the overtime, it is based on this being one event; however, it could actually be looked at as four separate events. He stated if looking at this as four different events there would be no charge for the youth parade or the youth basketball tournament. Mr. Barcinski briefly explained the actual overtime costs and formula. Mr. Barcinski stated these are considered different events because they are being held on different days. Elizabeth Wesley, 309 Lincoln Lane, Delray Beach (Interim Executive Director for Roots Cultural Festival, Inc.), thanked the City for the many years of support and especially for the loan of City staff, the Delray Beach CDC, the Downtown Development Authority (DDA), Rita Ellis, the West Atlantic Avenue Redevelopment Coalition (WARC), and the citizens and volunteers who helped to make Roots successful. Ms. Wesley commented about an article in the newspaper which gave a negative impression of the Roots Cultural Festival and she stated the words of this article can seriously undermine the ability for Roots to get support they need to carry out the programs that have proven over the years to be a great benefit to this community. Ms. Wesley stated to this date, Roots has raised $81,763.00 for the summer days of Roots which helped to pay some of the bills and with the exception of Old School Square, it would have paid all of the bills this year. She stated $56,000.00 of the $81,763.00 came from events that Roots held themselves. Ms. Wesley stated she has been a servant &this community for 40 years and her passion is people and children. In addition, Ms. Wesley stated Roots has been instrumental in making Delray Beach the kind of city that embraces - 20 - 08/17/04 all races, all cultures, and all people. She stated Roots is not just that one weekend but is a phenomenon. Mr. Levinson stated he appreciates the time he was able to spend with Ms. Wesley yesterday discussing this issue. On behalf of the Commission, Mayor Perlman stated they do value Ms. Wesley as an individual and all she has accomplished in addition to the history and tradition of the Roots Cultural Festival (27 years). He stated Ms. Wesley has an incredible vision and feels the Festival has enormous potential. He stated collectively everyone needs to work together as a team to figure out a way to sustain Roots into the future and stated there is an agreement to help and work together. Mr. Levinson suggested discussing this with the United Way on a moving forward basis. Mr. Costin expressed concern over the balance of what would be left in the account for those activities. For the benefit of the public who were not at the Workshop meeting last Tuesday, Ms. McCarthy stated there was a lot of discussion the public was not privy to that has brought the Commission to this point so that the Commission could have some type of consensus as to the contribution that would be given to Roots. Ms. McCarthy stated if anyone would like to know about additional conversation that took place they can go back to the records and find out about additional dialogue. Ms. McCarthy stated she has been very open about this program and the good that it has done for the City of Delray Beach. After brief discussion, it was the consensus of the Commission to give direction to staff to re-calculate the overtime as four separate events. Mr. Levinson moved to approve to allocate $11,991.54 to pay outstanding balances through the Roots Classical Series this year to Old School Square, seconded by Mr. Costin. Upon roll call the Commission voted as follows: Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes; Mr. Costin - Yes. Said motion passed with a 5 to 0 vote. 9.C. SPECIAL EVENT REQUEST/HAITIAN CULTURAL FESTIVAL: Consider a special event request to allow the 2nd Annual Haitian Cultural Festivai sponsored by the Haitian American Cultural and Historical Foundation, Inc., to be held on October 3, 2004 from 3:00 p.m. until 11:00 p.m. on the grounds of Old School Square, including a temporary use permit per LDR Section 2.3.6(H) for the use of a portion of N.E. 1st Avenue north of the grounds of Old School Square, staff assistance for traffic control/security, trash removal/clean up, event signage, EMS assistance, and barricade set up with event signage to be installed no earlier than September 24, 2004; contingent on the sponsor providing a hold harmless agreement, certificate of insurance, and payment of City costs per event policies/procedures. -21 - 08/17/04 Robert Barcinski, Assistant City Manager, stated staff received a request from the Haitian American Cultural and Historical Foundation, Inc. to hold the 2nd Annual Haitian Cultural Festival and on October 3, 2004, from 3:00 p.m. until 11:00 p.m. on the grounds of Old School Square. Also, the request includes authorizing staff support for traffic control and security, EMS assistance, trash removal, event signage, barricade set up and a temporary use permit to close a portion of N.E. 1st Avenue. The estimated overtime costs for this event is $4,215 plus approximately $250 for signage and barricade rental. The sponsor has not presented staff with a 501(c)(3) so their costs to the City would be approximately $1,732. Staff recommends approval of the event, the temporary use permit, staff support and recommend that the signage not be installed before September 24, 2004, contingent upon the receipt of the certificate of insurance and the hold harmless agreement. Mr. Levinson stated he is pleased to see the event is going to start at 3:00 p.m. Mr. Costin moved to approve staff's recommendations, seconded by Mr. Levinson. Upon roll call the Commission voted as follows: Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes; Mr. Costin - Yes; Mrs. Archer - Yes. Said motion passed with a 5 to 0 vote. 9.1). CONTRACT AWARD/ALMAZAN BROTItERS~ INC.: Consider approval of a contract award to second lowest bidder, Almazan Brothers, Inc., in the amount of $298,409.00 for the West Atlantic Avenue and N.W. 24th Avenue Intersection Construction Project. Funding is available from 334-3162-541-53.90 (General Construction Fund/Public Works/Other Road Materials). Richard Hasko, Director of Environmental Services, stated this is a contract award for construction of the intersection improvements for the West Atlantic Avenue and the N.W. 24th Avenue Intersection Construction Project the City is obligated to develop and signalize under the agreement with the Palm Beach County School District for the Atlantic High School relocation. In addition, Mr. Hasko stated the City is going to handle some obligations under this contract with the agreement with Temple Sinai in terms of doing some parking lot access modifications. Based on past performance, project visibility, and the need to ensure timely construction completion, staff recommends the contract award to Almazan Brothers, Inc. (second lowest bidder). Ms. McCarthy stated the lowest bidder contacted her today and was not certain if the company was being presented in a negative manner. He wanted to present his company in his own perspective and seeing that he is not satisfied with the way this was presented, she is bringing this to the dais because of the commitment she made to him. Ms. McCarthy asked if there is a consensus from the Commission to allow the lowest bidder to come forward and speak. It was the consensus of the Commission to not allow the lowest bidder to make a presentation. - 22 - 08/17/04 Mr. Levinson moved to approve the contract award to Almazan Brothers, Inc. (second lowest bidder) in the amount of $298,409.00, seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Ms. McCarthy - Yes; Mayor Perlman - Yes; Mr. Costin - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes. Said motion passed with a 5 to 0 vote. 9.E. INTERLOCAL AGREEMENT/BOCA RATON/TRAINING FACILITY: Consider approval of an Interlocal agreement between the City and the City of Boca Raton in the amount of $500,000.00 for the construction of a fire and police training facility to be used by both municipalities. The City Manager stated at one time the City did most of its fire training at South Tech and since the facility is no longer available, the City is looking into other options. Palm Beach County is building a facility near the turnpike and Boca Raton is also building a facility. The City Manager stated most of the training can be done at the City of Boca Raton and it saves the City of Delray Beach from having to build something and provides a facility that is nearby. The City of Boca Raton is investing approximately $2 million for Phase I of this facility not counting the cost of the land and drainage. The City Manager stated it is a good move for the City of Delray Beach to ensure the availability of these facilities for 12 years into the future. He stated this is a joint use facility and they will be building a Police Phase and expect to use this on a different basis. Kerry Koch, Fire Chief, stated this is something the Fire-Rescue Department has been seeking historically and is another way of bringing multiple departments together for a common purpose. ChiefKoen stated fire training facilities are not only expensive but are hard to sight because of land constraints. He sees this as a long term participation and investment for the future. Ms. McCarthy stated the way the agreement reads it leads her to believe that up until a time certain the City of Delray Beach will have the ability to use this facility at a discounted price. She asked why Delray Beach cannot use this facility forever at a price that is less than others that they would be using for continuous revenue. In response, Chief Koen stated there are two different cost elements; one is the capital cost which the agreement specifically addresses to a time certain that there would not be additional costs that the City of Delray Beach would be involved with to that time and the other is the operating expense. Chief Koen stated those agreements have not been worked out between the parties and there may be additional parties participating in the operating cost agreement and the administrative process by which staff would determine the program curriculum as well as the administrative component, etc. The City of Delray Beach will participate in the cost sharing as well but it has not been resolved as to what proportion would be asked of various communities that would be sharing in the daily use. He stated as referenced that they are intended to be resolved mutually and he is confident the agreements will be beneficial to the City. Ms. McCarthy stated she wants to ensure that the City's intent is to pay its fair share and not be treated after the building is built as somebody that they are recruiting fi.om other places in the world to come use this facility. She stated there should be dialogue and continued dialogue so that the opportunity is not -23 - 08/17/04 lost once the Certificate of Occupancy is issued for the building. Mrs. Archer moved to approve the Interlocal Agreement between the City of Delray Beach and the City of Boca Raton in the amount of $500,000.00 for the construction ora Fire and Police training facility, seconded by Mr. Costin. Upon roll call the Commission voted as follows: Mayor Perlman - Yes; Mr. Costin - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes. Said motion passed with a 5 to 0 vote. 9.F. MICROSOFT ENTERPRISE LICENSE AGREEMENT WITH SOFTWARE HOUSE INTERNATIONAL (SHIT: Consider approval of the Microsoft Enterprise License Agreement and a payment in the amount of $168,721.79 to Software House International (SHI). Funding is available fi.om 334-6112-519-66.10 (General Construction Fund/Software). The City Manager stated staff has come up with a way to save the City of Delray Beach $105,000 in license fees from what was previously budgeted. Staff recommends approval of the Microsoft Enterprise License Agreement in the amount of $168,721.79 to Software House International (SHI) for the annual licensing of all clients, servers, and the Content Management Web Server software. Mr. Costin moved to approve the Microsoft Enterprise License Agreement in the amount of $168,721.79 to Software House International (SHI), seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mr. Costin - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes. Said motion passed with a 5 to 0 vote. 9.G. PUBLIC COMMENTS/FY 2005 PROPOSED BUDGET: The City Commission will hear public comments, if any, regarding the FY 2005 Proposed Budget at this time. Marcus Gould, 24 N.W. 8th Avenue, Delray Beach, briefly discussed the suggestions for going forward with the Roots Cultural Festival and other cultural events. He stated he is very proud of the proposed budget; however, he expressed concern over the discussions regarding how to handle assisting and aiding organizations in moving forward. Mr. Gould stated with regard to the 2005 budget he would like to see resources such as rain day insurance, insisting on the use of tickets, and a turn style. He stated these are the type of resources that the City Manager would require them to use if the event was being put on by the City because he feels it makes good sense. Mr. Gould asked that the City of Delray Beach provide the intellectual resources such as training, seminars, special event training, special event planning, marketing and promotions. Jim Smith, 1225 S. Ocean Boulevard, Delray Beach, commended the City Manager and City staff for working diligently in making difficult priority decisions required to maintain last year's total millage rate as the Mayor and the City Commission recommended. Mr. Smith suggested that the Budget Department prepare a schedule summarizing all carryover expenditures in order to know now how much extra revenue will be needed in 2006. He stated the City needs to do a better job in communicating - 24 - 08/17/04 budget information. He feels the City has both the responsibility and the duty to better inform its citizens about the budget by preparing an understandable summary reconciliation of significant variances between the current year's estimate and the proposed budget. Mr. Smith also suggested that the budget be posted on the City's website and a summary reconciliation of significant variances made available at no cost for residents who request a copy. He expressed concern over the revised budget including over $1.8 million in grants to not-for-profit organizations. Jayne King, President of Progressive Residents of Delray (PROD) and the President of the Chatelaine Homeowners' Association, stated it is a great idea to put the money in the budget for the neighborhoods. However, she feels more money should be set aside each year for the capital improvements and additional staff. She suggested that the City budget more money for neighborhood improvements so that the Plans can be implemented in a more timely fashion. She stated there are a certain number of staff personnel that are assigned to work on the elements of the Strategic Task Team Neighborhood Improvement Plans and she feels staff is burdened with the task of their regular work in addition to work for the Strategic Task Team. Ms. King reiterated that the City place more money and additional staff into the budget so that if there are those types of projects which require the same staff, the City would be able to facilitate and help the process go a little faster. Alice Finst, 707 Place Tavant, Delray Beach, stated the streets in Chatelaine need to be paved and asked that this be placed in the budget so the streets can be paved this year. 9.H. BEXLEY PARK: Status and resolution of outstanding matter regarding Bexley Park. The City Attorney stated the final resolution is that the lot premiums shall be those set forth and attached to the August 3, 2004 letter. The price of the largest home has been reduced per the same information in the August 3, 2004 letter. Wood cabinets will be installed in all kitchens in all product types as a standard feature; refrigerators will be included as a standard feature in all product types. There will be no penalty or requirement for a deposit if a purchaser decides to use another mortgage company instead of D.R. Horton. They will offer 25 single family homes, 10 townhomes and 10 manor homes in a lot selection event for the participants of the initial City Employee and General Public Lottery who did not purchase a home. D.R. Horton will send out a letter notifying those prior participants (providing two weeks) to submit a refundable $5,000 deposit as was required previously to secure a position in the same order as the prior lot selection. The City Attorney stated if this meets with the approval of the Commission then the issues have been resolved. Mr. Levinson commended the City Attorney for the good work. Ms. McCarthy publicly thanked the City Attorney and Mayor Perlman for their assertiveness. - 25 - 08/17/04 Mrs. Archer concurs with comments expressed by Mayor Perlman and feels the City of Delray Beach has gone above and beyond its duty. Mr. Costin commended Mayor Perlman, City staff, and Commissioner Levinson for their efforts. Mr. Levinson moved to approve the resolution as outlined in the letter dated August 17, 2004, seconded by Mr. Costin. Upon roll call the Commission voted as follows: Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes; Mr. Costin - Yes. Said motion passed with a 5 to 0 vote. 12~ FIRST READINGS: 12.A. THIS ITEM HAS BEEN REMOVED FROM THE AGENDA. At this point, the Commission moved to Item 13, Comments and Inquiries on Non-Agenda Items. 13~ COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS. 13.A. City Manager The City Manager stated he attended the County Commission meeting this morning and noted that the County Commission received the recommendation from the Level of Service Committee for fire-rescue that they not go forward with a referendum on fire level of service. He stated there are still issues to be resolved and commented that the County Commission is changing the rules in the middle of the game which is creating a very unpleasant relationship. The City Manager stated the County Commission voted to go to referendum on annexation. He noted that the County Commission primarily talked about the proposed ordinance instead of the Charter Amendment. At this point, Wellington is the only city that has a problem with the ordinance. He stated the Charter Amendment gives the County blanket authority to control voluntary annexation. The City Manager stated Wellington will be the lead city on litigating this matter to try and get it thrown off the ballot and he feels the City of Delray Beach should support them. The City Manager stated there was an Executive Session of the League of Cities Board to discuss fire-rescue and annexation and the cities have agreed to stick together on these things. He stated they talked about political endorsements and candidate questionnaires and have agreed that the League should not endorse candidates. However, they do want to start sending questionnaires to County Commission candidates and publicizing their responses to those questionnaires on issues of concern to municipalities. He stated the League Golf Tournament will be held on October 20, 2004 at Ballen Isles. -26- 08/17/04 He shared a few photographs from this summer with the Commission. The City Manager announced his third grandchild was bom yesterday and his fourth grandchild is due in March. 13.B. City Attorney The City Attorney stated the City Attorney's office has been asked to provide some legal assistance (i.e. answering telephones and legal questions) to the people in Charlotte County. She stated it is good to help the neighboring communities that may need some legal questions answered and feels this is good training if this event ever happened here. The City Attorney asked for the consensus of the Commission for approval of the City Attorney's office to participate. It was the consensus of the Commission to authorize the City Attorney to participate in providing some legal assistance to Charlotte County. 13.C. City Commission 13.C.1. Mrs. Archer Mrs. Archer stated she is pleased the City of Delray Beach is going to be able to provide some assistance to Punta Gorda and the area on the west coast affected by Hurricane Charley. She stated thc City of Delray Beach will provide legal assistance, utilities employees, fire-rescue employees, and a various number of police officers. She stated it is important that the City of Delray Beach is contributing to the recovery effort of Hurricane Charley. Secondly, Mrs. Archer stated she had the opportunity to participate in the Betty Jameson Classic last Saturday. She suggested that next year there be a foursome made up of Commissioners because she feels this is important to participate in. 13.C.2. Mr. Costin Mr. Costin stated he is pleased that the City of Delray Beach is able to help the people in Punta Gorda and feels it was very tragic that they were the victims of Hurricane Charley. Secondly, Mr. Costin stated he already had a previous commitment and will not be able to attend the Budget Workshop meeting on August 31, 2004. 13.C.3. Ms. McCarthy Ms. McCarthy stated she and Commissioner Levinson attended the luncheon for Betty Jameson and they had the wonderful honor of presenting her with the proclamation. -27 - 08/17/04 Secondly, Ms. McCarthy commented about the Third Annual Palm Beach County Black Elected Officials Gala and stated it was well attended. 13.C.4. Mr. Levinson Mr. Levinson apologized for leaving the meeting early and announced that his second daughter got a job in New York City and he has to go get her at the airport because she is on her way back. 13.C.5. Mayor Perlman Mayor Perlman stated the Palm Beach County Black Elected Officials Gala was great and commented it was well attended. Secondly, he stated Mr. Levinson's parents were honored for their philanthropy over the years. Mayor Perlman commented about the allegation that there is some sort of retribution that is happening as a result of some legal issues he is having as a private business person. He stated he does not intend to try this case in these Chambers and feels this is impertinent use of the Commissioners time. There being no further business, Mayor Perlman declared the meeting adjourned at 9:50 p.m. Acting City Clerk ATTEST: MAYOR The undersigned is the Acting City Clerk of the City of Delray Beach, Florida, and the information provided herein is the Minutes of the Regular City Commission Meeting held on August 17, 2004, which Minutes were formally approved and adopted by the City Commission on - 28 - 08/17/04 Acting City Clerk NOTE TO READER: If the Minutes you have received are not completed as indicated above, this means they are not the official Minutes of the City Commission. They will become the official Minutes only after review and approval which may involve some amendments, additions or deletions as set forth above. - 29 - 08/17/04 WHEREAS, N. Willard (Bill) Schwartz served in World War II as a First Lieutenant with the In£antry Division o£ the United States Army; and WHEREAS, Bill was President and owner of A. Schwartz Company, a real estate firm that specialized in selling, managing, and constructing maior industrial, commerdal, and residential real estate; and WHEREAS, Bill is a professional arbitrator; and WHEREAS, Bill has demonstrated his leadership and dedication to the City of Dekay Beach over the years through his many afAliar/ons to include: Delaire Country Club, Citizens Democracy Corps, Progressive Residents of Dekay, Congregation B'nai Israel, and Delaire Property Owners Association; and WHEREAS, Bill was appointed to serve on the Delray Beach City Commission from February 1, 2000 through March 29, 2001, he also served as Chairman of the Delray Beach Planning and Zoning Board, Vice Chairman of the South County Jury Trial Feasibility Committee, and was a member of the Boca Raton Airport Authority Aviation Advisory Committee; and WHEREAS, B'fll served with dignity and always in a genflemaniy manner; and WHEREAS, B'dl cdebrated his 80~ Birthday on June 3, 2004. NOW, THEREFORE, I, JEFF PERLMAN, Mayor of the City of Delray Beach, Florida, on behalf of the City Commission, do hereby further recognize and congratulate N. WI!.!.ARD (BILL) SCHWARTZ on his many achievements and ctiliommt service to others and wish him the best of health and happiness. 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 7th day of September, 2004. JEFF PERLMAN MAYOR PROCLAMATION WHEREAS, pursuant to the Charter and Code of Ordinances of the City of Delray Beach, Florida, the City has by resolution authohzed a Special Election to be held on Tuesday, the 2nd day of November, 2004; and WHEREAS, a notice is hereby given calling for a special election on November 2, 2004, to vote on a referendum question set forth in Ordinance No. 40-04 regarding the release of the part of Lot 15, Block 101 located behind the current library site at 29 S.E. 4th Street and fronting on S.E. 5°~ Avenue from deed restrictions and allowing for the transfer of land which requires consent of the majority of the voters voting in the election. NOW, THEREFORE, I, JEFF PERLMAN, Mayor of the City of Dekay Beach, Florida, on behalf of the City Commission, do hereby call for a Special Election to be held on Tuesday, November 2, 2004, between the hours of 7:00 a.m. and 7:00 p.m., with all the precincts and polling places in the City of Dekay Beach as designated by the Supervisor of Elections for Palm Beach County. The hours of the election will be 7:00 a.m. to 7:00 p.m. at polling places within the City of Delray Beach posted at City Hall. P,I.I. QUALIFIED EIJ~.CTORS of the City of Delray Beach, Florida, shall be qualified to vote in such election. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Official Seal of the City of Delray Beach, Florida, to be affixed this 7th day of September, 2004. JEFF PERLMAN MAYOR MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER/~! SUBJECT: AGENDA ITEM # ~ - REGULAR MEETING OF SEPTEMBER 7. 2004 SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD (SCRWTDB)/TRIPARTITE INTERLOCAL AGREEMENT AND FIFTH AMENDMENT TO THE INTERLOCAL AGREEMENT CREATING THE SCRWrDB DATE: SEPTEMBER 3, 2004 This is before the City Commission to approve the Tripartite Interlocal Agreement and the Fifth Amendment to the Interlocal Agreement regarding reclaimed water. The Tripartite Interlocal Agreement between the City, the City of Boynton Beach, and the South Central Regional Wastewater Treatment and Disposal Board (SCRWTDB) transfers the present reclaimed water line from the SCRWTDB to the City of Boynton Beach. In exchange the City will receive $1,359,255.13 which is our equity interest in the line. The Fifth Amendment to the Interlocal Agreement allows the South Central Regional Wastewater Treatment and Disposal Board (SCRWTDB) to be a wholesaler of reclaimed water to the Cities of Boynton Beach and Delray Beach. Recommend approval of the Tripartite Interlocal Agreement and the Fifth Amendment to the Interlocal Agreement regarding reclaimed water. S:\City Clerk\agenda memos\SCRXWII)B..Tfipa~ite.lntedocaL 5~ Amemtment. Reclaimed Water Line.09.07.04 SOUTH CENTRAL REGIONAL WASTEWATER t/fi\ TREATMENT AND DISPOSAL BOARD 1801 North Congress Avenue · Delray Beach, Florida 33445 ROBERT J. HAGEL ~ Telephone Executive Director ~ (561) 272-7061 (561) 734-2577 Fax: (561) 265-2357 E-maih scrwwtp@ix.neLcom.com August 12, 2004 AUG 1 6 200t CITY MANAGER Mr. David Harden, City Manager CITY OF DELRAY BEACH 100 N.W. 1st Avenue Delray Beach, FL 33444 Dear Dave: Enclosed please find three (3) copies of the Tripartite Interlocal Agreement and three (3) copies of the Fifth Amendment to the Interlocal Agreement. The Tripartite Interlocal Agreement transfers the present reclaimed water line from the Board to the City of Boynton Beach. Delray Beach will receive for this transfer one-half of the equity interest in the line which amounts to $1,359,255.13. The Fifth Amendment to the Interlocal Agreement allows the Board to be a wholesaler of reclaimed water to the Cities of Boynton Beach and Delray Beach. Please have your Commission approve and execute the enclosed documents. After execution, please return the signed originals hack to us for insertion of the effective date. We will then return an original copy of each Agreement to each city. Robert J(Hagel - Executive Director File//01-401 #01-401 (e) AGENDA ~! F (3) c. THIS TRIPARTITE INTERLOCAL AGREEMENT is made and entered into this__ day of., 2004, by and between the City of Boynton Beach, Florida, a municipal corporation, hereinafter referred to as "Boynton Beach," the City of Delray Beach, Florida, a municipal corporation, hereinafter referred to as "Delray Beach," and the SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD, hereinafter referred to as "SCRWTD Board." WITNESSETH: WHEREAS, Boynton Beach and Delray Beach are parties to that certain Inteflocal Agreement dated December 26, 1974, whereby the SCRWTD Board was created for the providing of wastewater treatment disposal services within the service areas for Boynton Beach and Delray Beach; and WHEREAS, the parties are simultaneously amending the Inteflocal Agreement in the form attached hereto as Exhibit "A" to provide for a modification as to the operation of the reclaimed water system; and WHEREAS, the SCRWTD Board has heretofore constructed the reclaimed water transmission line for the Northwest Reuse System ("Reclaimed Transmission Line") as identified in Exhibit "B" attached hereto; and WHEREAS, the Reclaimed Transmission Line currently lies exclusively within and serves customers within Boynton Beach's utility service area; and WHEREAS, Boynton Beach and Delray Beach each own equal interests in the capital assets of the SCRWTD Board and have each equally funded the construction of such Reclaimed Transmission Line; and WHEREAS, the parties are contemplating expanding the reclaimed water system to include distribution to customers within the City of Delray Beach thereby requiring construction of additional Reclaimed Transmission Lines; and WHEREAS, in order to effectuate the changes in the operation of the reclaimed water system, the parties desire to effect the sale of the Reclaimed Transmission Line from SCRWTD Board to Boynton Beach for an amount equal to One Million Three Hundred Fifty-Nine Thousand Two Hundred Fifty-Five Dollars and 13/100 Cents ($1,359,255.13) representing one-half (~) equity interest in such Reclaimed Transmission Line and to further provide that the SCRWTD Board shall thereupon remit the proceeds of such sale to Delray Beach representing full consideration for their relinquishment of their equitable interest in such Reclaimed Transmission Line. NOW, THEREFORE, in consideration of the mutual covenants and promises herein contained the parties hereby agree as follows: 1. The parties hereby acknowledge that all of the recitals set forth above are true, accurate and operative with respect to the terms of this Agreement. 2. SCRWTD Board shall convey all of its right, title and interest in and to the Reclaimed Transmission Line without warranty to Boynton Beach within thirty days (30) following the effective date of this Agreement reserving, however, unto SCRWTD Board the perpetual right to transmit at no charge through such Reclaimed Transmission Line reclaimed water to its current reclaimed water customers, The Country Club of Florida, Hunters Run, Delray Dunes, Quail Ridge, and Pine Tree during the term of the existing Contracts and any renewals thereof. 3. Boynton Beach shall simultaneously with the conveyance remit to SCRWTD Board the sum of One Million Three Hundred Fifty-Nine Thousand Two Hundred Fifty-Five Dollars and 13/100 Cents ($1,359,255.13) representing the value of one-half (~) of the equitable interest in the Reclaimed Transmission Line. 4. Simultaneously with the conveyance and payment set forth above, the SCRWTD Board shall remit to Delray Beach the proceeds from such conveyance in the amount of One Million Three Hundred Fifty-Nine Thousand Two Hundred Fifty-Five Dollars and 13/100 Cents ($1,359,255.13) in full consideration for Delray Beach's relinquishment of its equitable interest in the Reclaimed Transmission Line. 5. Upon such conveyance as above-described Boynton Beach shall solely be responsible for the maintenance and repair of such Reclaimed Water Transmission Line. 6. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. 7. The rights and benefits of this Agreement shall not be transferable by any party without the written consent of the other. 8. In connection with any litigation arising out of this Agreement or the covenants and warranties contained herein, the prevailing party shall be entitled to recover its reasonable attorneys' fees and costs. 9. This Agreement supersedes any and all other Agreements, either oral or in writing, between the parties hereto with respect to the subject matter hereof, and contains all of the covenants and Agreements between the parties with respect to such relation in any manner whatsoever. 3 10. This Agreement shall be binding upon and inure to the benefit of the parties, their heirs, representatives, successors and assigns. 11. Upon full execution of this Agreement, this Agreement shall be recorded in the Public Records of Palm Beach County, Flodda. IN WITNESS WHEREOF, the parties have heretofore set their hands and seals on the day and year first above wdtten. CITY OF BOYNTON BEACH ~erry~ylor, I~ ayor Approved as to form by: ~~.~. City Attorney CITY OF DELRAY BEACH By: Jeff Perlman, Mayor Attested by: City Clerk Approved as to form by: City Attorney 4 SOUTH CENTRAL REGIONAL WASTEWATER TREATBY:Title:Pdnte IE~SAL BOARD Attested by: Pdnted Name: Approv~fi~ Rob.,~. Federspiel, ~.A. AGENDA ~! F (3) a. FIFTH AMENDMENT TO INTERLOCAL AGREEMENT THIS FIFTH AMENDMENT TO INTERLOCAL AGREEMENT is made and entered into this day of ,2004, by and between the CITY OF BOYNTON BEACH, FLORIDA, a municipal corporation, hereinafter referred to as "BOYNTON," and the CITY OF DELRAY BEACH, FLORIDA, a municipal corporation, hereinafter referred to as ~DELRAY." WITNESSETH: WHEREAS, BOYNTON and DELRAY pursuant to Section 163.01, Flodda Statutes, have heretofore entered into that certain Interlocal Agreement dated the 26~h day of December, 1974, establishing the South Central Regional Wastewater Treatment and Disposal Board (the "BOARD"), as amended by First Amendment dated May 27, 1981, by Second Amendment dated September 15, 1983, by Third Amendment dated October 19, 1995, and by that certain Fourth Amendment dated February 18, 2003, a copy of such Intedocal Agreement and above- referenced Amendments thereto are attached hereto as composite Exhibit "A"; and WHEREAS, the BOARD is desirous of amending Section 3, Powers and Procedures, Subsection (B)(14) to provide the BOARD to be a wholesale provider of reclaimed water only to the Cities of Delray Beach and Boynton Beach as well as providing for the internal use of the reclaimed water by the BOARD and further amending Annex I, Allocation of ~ Costs, Subsection 6, Reclaimed Water, to provide that the BOARD will be authorized to enter into independent Intedocal Agreements with the Cities of Boynton Beach and Delray Beach, respectively, for the providing of such wholesale reclaimed water. NOW, THEREFORE, be it resolved as follows: That certain Interlocal Agreement entered into on the 26th day of December, 1974, by and between the City of Boynton Beach, Florida, and the City of Delray Beach, Flodda, is amended as follows: 1. Section 3, Powers and Procedures, Subsection (B)(14), is hereby amended in its entirety to read as follows: "14. Enter into contracts for the sale and disposal of reclaimed water for irrigation and other beneficial uses with the Cities of Boynton Beach and Delray Beach, respectively and to provide a point of connection upon the BOARD'S property for the delivery of reclaimed water to each City at a location determined by the BOARD." 2. Subsection 6, Reclaimed Water, of Annex I, Allocation of Operaflnq Costs, of the Interlocal Agreement is hereby amended in its entirety to read as follows: "6. Reclaimed Water: It is agreed that the disposal of effluent in a cost-effective and environmentally responsible manner is appropriate and necessary for the operation of the Regional Facility, and in that regard, the BOARD shall be authorized to enter into contracts with the Cities of Boynton Beach and Delray Beach, respectively, for the wholesale delivery of up to fifty percent (50%) each of the effluent produced and treated by the Regional Facility to the standards required by the Florida Department of Environmental Protection for the utilization of such Reclaimed Water for irrigation and other beneficial uses. The revenues received from the sale of such Reclaimed Water by the BOARD to the said Cities shall be applied to the operating budget of the BOARD. Notwithstanding any provision herein to the contrary, the Cities of Boynton Beach and Delray Beach shall be entitled to temporarily or permanently assign a portion of their allocated 50% share in the Reclaimed Water effluent to the other City, subject to the parties entering into an Interlocal Agreement with respect thereto and providing the BOARD with a certified copy of the same. 3. This Amendment shall become effective upon ratification by a majority vote of each City Council. 4. This Amendment shall be filed with the Clerk of the Circuit Court of the Fifteenth Judicial Circuit in West Palm Beach, Florida. 5. The Interlocal Agreement as heretofore amended shall remain in full force and effect, altered only to the extent of this Agreement. RESOLVED this day of ,2004, by a vote. ~ ATTEST: Secretary Ap p rove~.~to form:j The undersigned Cities of Delray Beach and Boynton Beach hE ,by ratify the acting taken by the South Central Regional Wastewater Treatment and Dispo= ~1 Board in accordance with the foregoing Amendment to Interiocal Agreement. WITNESSES: CITY OF DELI[AY BEACH By: Mayor Attest: As to City of Delray Beach City Clerk Approved as to form: City Manager City Attorney WITNESSES: CITY OF D~k~-ACJ:L-;~t~~T'~I~ ~ As to City"~ I~oynton Beach (_3 Approved as to form: ~ City Attorney MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER 0~ SUBJECT: AGENDA ITEM # ~ ~ - REGULAR MEETING OF SEPTEMBER 7. 2004 FINAL PLAT APPROVAL/COURT YARDS AT MARTI~J.I. ARMS DATE: SEPTEMBER 3, 2004 This is before the City Commission to approve the final subdivision plat for Court Yards At Martell Arms. The property is a re-plat of a portion of the Plat Martell Arms, located on the west side of the 1000 block of N.E. 80' Avenue. All technical and staff comments have been addressed and the plat is ready for approval. Recommend approval of the final subdivision plat for Court Yards At Martell Arms. S:\Cit~ Clerk\agenda memaz\Final Plat. Court Yards at Maate[I Arms.09.07.04 City Of Delray Beach Department of Environmehtal Services M E M 0 R A N D U M TO: David T. Harden FROM: Randal L. Krejcarek, P.E. p~ DATE: 30 Aug 2004 SUBJECT: Court Yards at Martell Arms Plat Please find attached an agenda request for Commission approval of the subdivision plat for Court Yards at Martell Arms Plat. This plat is located on the west side of the 1000 block of NE 8th Avenue. The plat consists of a re-plat of a portion of the Plat Martell Arms, as recorded in Plat Book 37, Page 133 of the Public Records of Palm Beach County, Florida, Section 16, Township 46 South, Range 43 East. Because this plat is being processed as a minor subdivision, there are no other approvals required. If this meets with your approval, please place it on the 07 Sept 2004 Commission meeting for approval. I have also enclosed a location map and a reduced copy of the plat. Encl. TAC: Court Yards at MartellArms S:\EngAdmin\TAC\Court Yards at Martell Arms~004 sep 07 agenda memo.doc GEORGE BUSH BOULEVARD N ~ COURTYARDS AT MARTEL ARMS CiTY OF DELRAY BEACH, FL (REPLAT OF a PORTION OF MARTEL ARMS) PLANNING & ZONING DEF'AR~dENT K£HHONT SUROl VISION PLAT 8001( :~O, PAGE 6B ~ ~ ........ %7.-- ...... i - ~- .~.. HARTELL ARHS ~]~ PLAT BOOK 37. PAGE i33 ~- . ........ (NOT IHCLUDEO] SOPHIA FREY SUBDIVISION PLAT BOOK 4. PAGE 37 GEORGE BUSH BLVD. Date: 30 August 2004 AGENDA ITEM NUMBER:~ AGENDA REQUEST Request to be placed on: X Consent Agenda Regular Agenda Workshop Agenda Special Agenda When: 07 Sept 2004 Description of Agenda Item (who, what, where, how much): Request for Commission approval of the subdivision plat for Court Yards at Martell Arms. This plat is located on the west side of the 1000 block of NE 8th Avenue. The plat consists of a re-plat of a portion of the Plat Martell Arms, as recorded in Plat Book 37, Page 133 of the Public Records of Palm Beach County, Florida, Section 16, Township 46 South, Range 43 East. Staff Recommendation: 64rlrreval _ Department Head Signature:(~//~~l~. ~~.~~ City Attorney Review/Recommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): Funding Available: Yes / No Initials: NA Account Number Description Account Balance: Funding Alternatives: (if applicable) City Manager Review: Approved for Agenda:~/No Initials: Hold Until: Agenda Coordinator Review: Received: S:\EngAdmin\TAC\Court Yards at Martell Arms\2004 sep 07 agenda.doc THRU: PAUL'DORLING,"DIR~,,~]OR OF PLANNING_~ ANI~NING FROM: NGUYEN TRAN, SEN[OJ~ PLANNER '~//~,,,~//f, cxt~O~ SUBJECT: MEETING OF SEPTEMBER 7, 2004 ***CONSENT AGENDA*** ABANDONMENT OF A PORTION OF DIXIE HIGHWAY RIGHT-OF-WAY, DIRECTLY ADJACENT TO LOT 4 OF THE PLAT OF DELRAY BEACH ESTATES, APPROXIMATELY 1,700 FEET SOUTH OF GULF STREAM BOULEVARD. The request involves abandoning a 20' by 81' rectangular shaped parcel, containing 1,620 square feet (0.037 acres). The parcel represents the east 20' of the 80' Dixie Highway right-of-way, which abuts Lot 4 of Delray Beach Estates. The proposed abandonment will reduce the Dixie Highway right-of-way to 60 feet, which is the standard width for a local road and is consistent with previous abandonments. Currently, the subject area is vacant and the City does not intend to improve this portion of Dixie Highway right-of-way beyond 60 feet. During the Conditional Use request, it was noted that an additional right-of-way dedication is required for Federal Highway (U.S. 1), which abuts this property to the east. This dedication was attached as a condition of approval of the Conditional Use. BellSouth reviewed the requested abandonment and has identified buried telecommunication facilities within the abandonment area. The City's Environmental Services .Department has identified a sanitary sewer line located within the subject area. The City's Fire Department has reviewed the request and has no objection to the abandonment. Florida Power and Light, Florida Public Utilities Company and Adelphia Cable have also reviewed the requested abandonment and have no objection. Due to the various facilities identified within the proposed abandonment area, a utility easement over the entire abandonment area will be required to adequately cover existing utilities. This is to be accomplished by reserving a utility easement within the abandonment resolution. On August 16, 2004, the item was considered by the Planning and Zoning Board. Chairman Sowards opened the public hearing and no one from the public spoke. The Board voted 6-0 (Pike absent) to recommend approval, subject to the following conditions: The Official Resolution abandoning the subject area includes language which establishes a utility easement over the entire abandonment area; and, Dedication of 10 feet of right-of-way along Federal Highway adjacent to Lot 4 (Less the south 20 feet) of the Plat of Delray Beach Estates. Approve the request for the abandonment of the eastern 20' of Dixie Highway lying west of and adjacent to Lot 4 of Delray Beach Estates (less the south 20 feet) by adopting the findings of fact and law contained in the staff report, and finding that the request and approval thereof is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.6(0)(5) of the LDR's with the following condition: 1. That the abandonment resolution will not be forwarded for recordation until 10 feet of right-of- way along Federal Highway adjacent to Lot 4 (less the south 20 feet) of the Plat of Delray Beach Estates has been dedicated. 2. That an easement be retained over the entire abandonment area. S:~Plenc4ng & Zoning\BOARDS\CITY COMMISS~ON~3ixie Hwy Aban doflment -Weat herspoon Carwash.doc RESOLUTION NO. 65-04 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, VACATING AND ABANDONING A PORTION OF DIXIE HIGHWAY RIGHT- OF-WAY (ROW) LOCATED APPROXIMATELY 1,700 FEET SOUTH OF GULF STREAM BOULEVARD, AS MORE PARTICULARLY DESCRIBED HEREIN, BUT RESERVING AND RETAINING TO THE CITY A UTILITY EASEMENT OVER THE ENTIRE AREA THEREOF, AS MORE PARTICULARLY DESCRIBED HEREIN. WHEREAS, the City of Delray Beach, Florida, received an application for abandonment of a portion of Dixie Highway Right-of-Way (ROW), as more particularly described herein; and WHEREAS, said application for abandonment of a general public right-of-way was processed pursuant to Section 2.4.6(O), "Abandonment of Rights-Of-Way", of the Land Development Regulations of the City of Delray Beach; and WHEREAS, pursuant to LDR Section 2.4.6(O)(3)(e), the Planning and Zoning Board, as Local Planrfing Agency, formally reviewed the matter at a public hearing on August 16, 2004, and voted 6 to 0 to recommend approval of the abandonment, based upon positive findings with respect to LDR Section 2.4.6(O)(5), and subiect to the condition that a general utility easement be retained over the entire area; and WHEREAS, the City Commission of the City of Delray Beach, Florida, finds that its interest in the described property is no longer needed for the public good and deems it to be in the best interest of the City of Delray Beach to vacate and abandon said right-of-way, based upon positive findings pursuant to LDR Section 2.4.6(O)(5), but does not abandon and retains and reserves unto itself a utility easement over the entire area thereof, as more particularly described herein, for the purpose of emergency access and constructing and/or maintaining, either over or under the surface poles, wires, pipes, sewers, drainage facilities, or any other facilities used for various public utilities whether owned by the City or private corporations. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That pursuant to Chapter 177.101(5) and Chapter 166 of the Florida Statutes, it is hereby determined by the Delray Beach City Comtmssion to vacate and abandon all right and interest it holds to the following real property for right-of-way purposes only, but does not abandon and retains and reserves unto itself a utility easement over the entire area thereof, for the purpose of emergency access and constructing and/or maintaining, either over or under, the surface poles, wires, pipes, sewers, drainage facilities, or any other facilities used for various public utilities whether owned by the City or private corporations, more particularly described as follows: THE EAST 20 FEET OF RIGHT-OF-WAY FOR DIXIE HIGHWAY, LYING WEST OF AND ADJACENT TO LOT 4, DELRAY BEACH ESTATES, ACCORDING TO THE PLAT THEROF, AS RECORDED IN PLAT BOOK 21, PAGE 13 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, LESS THE SOUTH 20 FEET THEREOF. Containing 1,620 square feet (0.037 acre), more or less. PASSED AND ADOPTED in regular session on this the day of ,2004. MAYOR A'I'I'~ST: City Clerk 2 Resolution No. 65-04 GULF STREAM BOULEVARD I'~ ! '1 '//,/~..._ /-- ~ . t t7 /~ . ~~ ~ -/~o~ ~o~ ATLANTIC i ~ U~ / ~ ~ ~ ~ ~ /~/'~s : / / / ~ ~ ~ors/ / ~ N ~ - PROPOSED ABANDONMENT - ~ eisa, rc ADJACENT TO LOT 4, DEL~Y B~ ESTA~S (~21, ~13) PLANNING AND ZONING BOARD CITY OF DELRAY BEACH ---STAFF REPORT--- MEETING DATE: August 16, 2004 AGENDA ITEM: ~V.C. ITEM: Abandonment of a portion of the Dixie Highway right-of-way, adjacent to Lot 4 of the Plat of Delray Beach Estates, approximately 1,700 feet south of Gulf Stream Boulevard. GENERAL DATA: Owner .................................. General Public AgentJApplicant .................... Jimmy Weatherspoon, Weatherspoon Connection, Inc. Location ............................... East 20 ft. of Old Dixie Highway Right-of-Way Adjacent to Lot 4, Delray Beach Estates. Property Size ........................ 0.037 Acre Existing FLUM Designation.. GC (General Commercial) Current Zoning ..................... GC (General Commemial) Adjacent Zonings ........ North: GC (General Commercial) East: GC (General Commercial) South: GC (General Commercial) West: CF (Community Facilities) Existing Land Use ................ Unimproved right-of-way. Proposed Land Use ............. Aggregation into adjacent lot to be used for open space and landscape area. Water Service ...................... n/a with this request. Sewer Service ...................... n/a with this request. The item before the Board is that of making a recommendation to the City Commission on the proposed abandonment of a portion of the Dixie Highway right-of-way, directly adjacent to Lot 4 of the Plat of Delray Beach Estates, approximately 1,700 feet south of Gulf Stream Boulevard. This right-of-way abandonment is being processed pursuant to LDR Section 2.4.6(O), Abandonment of Rights-of-Way. The subject pamel is located on the east side of Dixie Highway, approximately 1,700 feet south of Gulf Stream Boulevard. This portion of Dixie Highway was dedicated with the recordation of the Plat of Delray Beach Estates (Plat Book 21, Page 13, of the Public Records of Palm Beach County, Florida), in July of 1946. Presently, the proposed abandonment area is vacant and is not being used for access. Dixie Highway right-of-way from Gulf Stream Boulevard, south to the north line of pamel 708 (H & H Carpet Site) measures 80 feet in width with the exception of Lot 18 (Jennings Commercial Building), Lots 6, 7 & 8 (Delray Cycle), Lots 13 & 14 (Tri-Ed Properties) and Lot 5.1 (2300 Dixie Highway) which due to prior abandonments have been reduced to 60 feet in width. If the subject area is abandoned, the Dixie Highway right-of-way will be reduced to 60 feet, which is the standard width for a local road and consistent with previous abandonments. The subject area is a 20' by 81' rectangular shaped parcel, containing 1,620 square feet (0.037 acre). The pamel represents the east 20' of the 80' Dixie Highway right-of-way, which abuts Lot 4 of Delray Beach Estates. The abandonment request was submitted by the owner of Lot 4, Mr. Jimmy Weatherspoon, President of Weatherspoon Connection, Inc. The south 20 feet of Lot 4 was conveyed to the City by the previous owner to be utilized for a roadway connecting Dixie Highway to Federal Highway; therefore, the proposed abandonment area will exclude the south 20' of Dixie Highway adjacent to Lot 4. Currently, Lot 4 contains two vacant 1-story buildings and paved parking areas. Lot 4 was part of a land exchange between Weatherspoon Connection, Inc. and Porten Russell, LLC to relocate Pineapple Grove Carwash (formerly located at the northwest corner of N.E. 2nd Street and Pineapple Grove Way) to this site in order to accommodate a mixed use development named City Walk. The owner intends to aggregate the abandonment area into this development proposal and install irrigation, sod and landscaping. A Conditional Use request to establish a Planning and Zoning Board Staff Report Weatherspoon Carwash/Dixie Highway R-O-W Abandonment Page 2 install irrigation, sod and landscaping. A Conditional Use request to establish a carwash facility on this site was approved and Site Plan approval is pending. Pursuant to LDR Section 2.4.6(O)(1), public right-of-way may be abandoned (returned) to the adjacent property to the same degree in which it was originally obtained (i.e. property dedicated exclusively from a single parcel shall be returned to that parcel; property dedicated through subdivision shall be divided at the center line and returned equally to abutting parcels). Accordingly, the Applicant is entitled to the entire abandonment area as it was dedicated entirely from Lot 4 (less the south 20 feet), Plat of Delray Beach Estates. During the Conditional Use request, it is noted that Federal Highway (U.S. 1) ultimate width has not been dedicated. The current right-of-way width for Federal Highway adjacent to these properties on the east is 100 feet. The ultimate width for Federal Highway should be 120 feet. There is a need for right-of-way dedication of 10 feet for proPerty owners on both sides of Federal Highway. As identified as a condition of approval from the Conditional Use request and as part of this abandonment action, it is appropriate to concurrently obtain a 10 feet right- of-way dedication along Federal Highway. Utility Services The City's Environmental Services Department has identified a sanitary sewer line located within the subject area. Environmental Services has no objection to the abandonment if a 12' wide utility easement is provided centered over the affected area. The granting of said easement will be a condition of approval for this abandonment. BellSouth has identified buried telecommunication facilities within the abandonment area. BellSouth has stated that they are not in support of the abandonment unless they were granted a utility easement over these facilities. The City's Fire Department has reviewed the request and has no objection to the abandonment. Florida Power and Light, Florida Public Utilities Company and Adelphia Cable have also reviewed the requested abandonment and have no objection. Pursuant to LDR Section 2.4.6(0)(5), prior to any right-of-way abandonment being approved, the following findings must be made: Planning and Zoning Board Staff Report Weatherspoon Carwash/Dixie Highway R-O-W Abandonment Page 3 A) That there is not, nor will there be a need for the use of the right-of-way for any public purpose. The proposed abandonment will reduce the Dixie Highway right-of-way to 60 feet, which is the standard width for a local road and consistent with pdor and proposed adjacent abandonments. The City does not intend to improve this right-of-way beyond 60 feet for any public purpose. B) That the abandonment does not, nor will not, prevent access to a lot of record, As the subject parcel only abuts Lot 4 of Delray Beach Estates, which is owned by the applicant, this abandonment will not prevent access to any adjacent pamels. C) That the abandonment will not result in a detriment to the provision of access and/or utility services to adjacent properties or the general area. All utilities currently located in the subject area will remain as they exist. As a condition of approval a utility easement over the entire abandonment area is to be provided for maintenance and improvement purposes. As previously stated access will not be affected by this abandonment. The development proposal is within the geographical area requiring review by the CRA (Community Redevelopment Agency). The CRA considered this abandonment at its June 10, 2004 meeting, and recommended approval. The development proposal is not within a geographical area requiring review by the HPB (Historic Preservation Board), or the DDA (Downtown Development Authority). Courtesy Notices: Courtesy notices have been provided to the following: · Seacrest Homeowners Association · Kokomo Key Homeowners Association · PROD & Presidents Council Public Notice: Formal public notice has been provided to property owners within a 500' radius of the subject property. Letters of objection or support, if any, will be provided at the Planning and Zoning Board meeting. Planning and Zoning Board Staff Report Weatherspoon Carwash/Dixie Highway R-O-W Abandonment Page 4 As the subject right-of-way is unimpreved and there are no plans for its improvement, its intended use is limited. In addition, this abandonment would not impair the provision of utility services or access to adjacent lots. The purpose of the abandonment is to incorporate the vacated area with the adjacent parcel to the east in an overall development plan. As mentioned previously, this development plan has been submitted and is currently seeking Site Plan approval. The creation of a utility easement over the affected area will accommodate all future utility needs. 1. Continue with direction. .* 2. Move appreval of the request for the abandonment of the eastern 20' of Dixie Highway lying west of and adjacent to Lot 4 of Delray Beach Estates (less the south 20 feet) by adopting the findings of fact and law contained in the staff report, and finding that the request and approval thereof is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.6(0)(5) of the LDR's with conditions. 3. Move denial of the request for abandonment by finding that the request and approval thereof is not consistent with the Comprehensive Plan and does not meets criteria set forth in Section 2.4.6(O)(5) of the LDR's. Move appreval of the request for the abandonment of the eastern 20' of Dixie Highway lying west of and adjacent to Lot 4 of Detray Beach Estates (less the south 20 feet) by adopting the findings of fact and law contained in the staff report, and finding that the request and approval thereof is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.6(0)(5) of the LDR's with the following conditions: 1. The Official Resolution abandoning the subject area includes language which establishes and retains a utility easement over the entire affected area. 2. Dedication of 10 feet of right-of-way along Federal Highway adjacent to Lot 4 (Less the south 20 feet) of the Plat of Delray Beach Estates. Attachments: Locetio~ Map · Reduced Site Su~/ey File: S;~Planning&Zoniog~&Z~Dixie Highway Abnd-Weatherspoon Carwash.doc THRU: PA61.~c~'~LING,/O~[RECTOR OF PLANNI,~IG AND Z~ONING SUBJECT: MEETING OF SEPTEMBER 7, 2004 ~ ~*CONSENT AGENDA*** ABANDONMENT OF A PORTION OF THE S.W. 7TM STREET RIGHT-OF-WAY, LOCATED BETWEEN 1-95 AND S.W. 17TM AVENUE RIGHTS.F-WAYS The request involves abandoning a 20' by 137' rectangular shaped parcel, containing 2,743 square feet (0.063 acres). The subject parcel represents the south half of a 40' wide portion of S.W. 7~ Street, located on the west side of S.W. 17~h Avenue and was dedicated with the recordation of the Model Land Company's subdivision of the southeast quarter & east half of the northeast quarter of Section 19 in May of 1916. No public facilities have been identified within the proposed abandonment area; therefore, the City's Environmental Services Department and Fire Department has no objection to the abandonment. Adelphia Cable, Florida Power & Light, Florida Public Utilities Company, and BellSouth have also reviewed the requested abandonment, and have no objection. Currently the subject right-of-way (ROW) is unimproved and is currently being utilized as a dirt parking area for employees of Casale Marble. The City does not intend to improve this dead end right-of-way for any public purpose. The owner of the adjacent property would like to use the abandonment area for additional parking. On August 16, 2004, the item was considered by the Planning and Zoning Board. Chairman Sowards opened the public hearing and no one from the public spoke. The Board voted 6-0 (Pike absent) to move a recommendation of approval for the abandonment of the southern 20 feet of S.W. 7th Avenue right-of-way, located west of S.W. 17th Avenue. Approve the request for the abandonment of the southern 20' of S.W. 7th Street lying between S.W. 17th Avenue and Interstate 95 rights-of-ways by adopting the findings of fact and law contained in the staff report, and finding that the request and approval thereof is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.6(0)(5) of the Land Development Regulations. Attachments: · Location Map · Abandonment Resolution · P&Z Staff Report of August 16, 2004 S:\Planning & Zoning\BOARDS\CITY COMMISSIONV~.bandonment of SW 7th Street.doc ;.w. 3RD CT DELRAY COMPLEX FULL SERVICE CEN 1-~'R S.W. 6TH ST. n,'" w STRONG I-- CARVE,R ES TA TES COLD CENTER ~ ~ S.W. 10TH STREET - AB^NDONMF:NT - a~ ~ oem^.,, i~,*,m. ~L A PORTION OF S.W. 7TH STREET RESOLUTION NO. 66-04 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, VACATING AND ABANDONING A PORTION OF S.W. 7TM STREET RIGHT- OF-WAY, LOCATED BETWEEN INTERSTATE 95 AND S.W. 17TM AVENUE RIGHTS-OF-WAYS, AS MORE PARTICULARLY DESCRIBED HEREIN. WHEREAS, the City of Delray Beach, Florida, received an application for abandonment of a portion of S.W. 7th Street right-of-way located on the west side of S.W. 17~ Avenue, as more particularly described herein; and WHEREAS, said application for abandonment of a general public right-of-way was processed pursuant to Section 2.4.6(O), "Abandonment of Rights-Of-Way", of the Land Development Regttlations of the City of Delray Beach; and WHEREAS, pursuant to LDR Section 2.4.6(O)(3)(e), the Planning and Zoning Board, as Local Planning Agency, formally reviewed the matter at a public hearing on August 20, 2004, and voted 6 to 0 to recommend approval of the abandonment, based upon positive findings with respect to LDR Section 2.4.6(0)(5); and WHEREAS, the City comrmssion of the City of Delray Beach, Florida, finds that its interest in the described property is no longer needed for the public good and deems it to be in the best interest of the City of Dekay Beach to vacate and abandon said right-of-way, based upon positive findings pursuant to LDR Section 2.4.6(O)(5),. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. The foregoing recitals are hereby incorporated herein by this reference. Section 2. That pursuant to Chapter 177.101(5) and Chapter 166 of the Florida Statutes, it is hereby determined by the Delray Beach City Commission to vacate and abandon all right and interest it holds to the follovdmg real property for tight-of-way purposes only, as more particularly described as follows: THAT PORTION OF THE NORTH 20 FEET OF LOT 5, MODEL LAND COMPANY'S SUBDIVISION OF THE SOUTH-EAST QUARTER & EAST HALF OF THE NORTH-EAST QUARTER OF SECTION 19, TOWNSHIP 46 SOUTH, RANGE 43 EAST, LYING EAST OF THE EAST RIGHT OF WAY LINE OF INTERSTATE 95 AS DESCRIBED IN OFFICIAL RECORD BOOK 1982, PAGE 1524, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 6, PAGE 53, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, LESS THE EAST 25 FEET THEILEOF. Containing 2,743 square feet (0.063 acre), more or less. PASSED AND ADOPTED in regular session on this the day of ., 2004. MAYOR ATI'EST: City Clerk 2 Resolution No. 66-04 PLANNING AND ZONING BOARD CITY OF DELRAY BEACH ---STAFF REPORT--- MEETING DATE: August 16, 2004 AGENDA ITEM: IV.D. ITEM: Abandonment of a portion of the S.W. ?th Street Right-Of-Way, located between 1-95 and S.W. 17th Avenue Rights-Of-Ways. GENERAL DATA: Owner .................................. General Public Agent ................................. Roy M. Simon, AIA Applicant .......................... Casale Marble Imports, Inc. Walter Casale, President Location ............................... South half of SW 7th Street between SW 17~ Avenue & Interstate 95 rights-of-ways. Property Size ........................ 0.063 Acre Existing FLUM Designation.. IND (Industrial) Current Zoning ..................... LI (Light Industrial) Adjacent Zonings ........ North: OS (Open Space) East: LI South: LI West: Interstate 95 R-O-W Existing Land Use ................ Unimproved right-of-way utilized for dirt parking. Proposed Land Use ............. Aggregation into adjacent lot to be used for required parking and landscaping for an existing business. Water Service ...................... n/a with this request. Sewer Service ...................... n/a with this request. The item before the Board is that of making a recommendation to the City Commission on the proposed abandonment of a portion of the S.W. 7th Street right-of-way, located between 1-95 and S.W. 17th Avenue rights-of-ways. This right-of-way abandonment is being processed pursuant to LDR Section 2.4.6(0), Abandonment of Rights-of-Way. The subject parcel was dedicated with the recordation of the Model Land Company's subdivision of the southeast quarter & east half of the northeast quarter of Section 19 in May of 1916. Currently the subject right-of-way (ROW) is unimproved and is currently being utilized as a dirt parking area for employees of Casale Marble. The subject parcel is a 20' by 137' rectangular shaped parcel, containing 2,743 square feet (0.063 acre). The subject parcel represents the south half of a 40' wide portion of S.W. 7th Street, located on the west side of S.W. 17th Avenue. The abandonment request was submitted by Mr. M. Walter Casale, the owner of Casale Marble Imports, Inc. The property owner, Mr. Robert Case, executed the Owners Consent Form and designated Mr. M. Walter Casale as agent on his behalf. The applicant, Mr. Casale, intends to improve the subject area once abandoned by expanding the existing paved parking area and installing additional landscaping. Pursuant to LDR Section 2.4.6(O)(1), public right-of-way may be abandoned (returned) to the adjacent property to the same degree in which it was originally obtained, i.e. property dedicated exclusively from a single parcel shall be returned to that parcel; property dedicated through subdivision shall be divided at the center line and returned equally to abutting parcels. As shown on the attached plat of the Model Land Company's subdivision of the southeast quarter & east half of the northeast quarter of Section 19, the right-of- way (now S.W. 7th Street) measures 40' in total width and runs in an east-west direction between Lots 3, 4, 5 & 6. Lots 3 & 4 dedicated the southern 20' while Lots 5 & 6 dedicated the northern 20' for S.W. 7~h Street right-of-way. The abandonment area is located within a portion of the northern 20' of Lot 5. Since the request is only to abandon the south half of S.W. 7th Street and not it's entire width, the area that wile be returned is the area originally obtained from the owners. The applicant, Mr. Casale, has agreed to improve the subject area once abandoned. Planning and Zoning Board Staff Report S~N 7th Street R-O-W Abandonment Page 2 The City's Environmental Services Department and Fire Department has reviewed the request and has no objection to the abandonment. Adelphia Cable, Florida Power & Light, Florida Public Utilities Company, and BellSouth have also reviewed the requested abandonment, and have no objection. Pursuant to LDR Section 2.4.6(0)(5), prior to any right-of-way abandonment being approved, the following findings must be made: A) That there is not, nor will there be a need for the use of the right-of-way for any public purpose. This portion of S.W. 7th Street, west of S.W. 17th Avenue, is an unimproved, dead end roadway being utilized for a dirt parking area. No public facilities have been located within this portion of S.W. 7th Street and the City does not intend to improve this right-of-way for any public purpose. B) That the abandonment does not, nor will not, prevent access to a lot of record. The abandonment will not prevent access to an~. adjacent parcel, as all affected parcels front and take access from S.W. 17u' Avenue. C) That the abandonment will not result in detriment to the provision of access and/or utility services to adjacent properties or the general area. No utilities have been located within the abandonment area. As previously stated under required finding section "B", access is not an issue with this abandonment. The development proposal is within the geographical area requiring review by the CRA (Community Redevelopment Agency). The CRA considered this abandonment at its July 22, 2004 meeting, and recommended approval. The development proposal is not within a geographical area requiring review by the HPB (Historic Preservation Board), or the DDA (Downtown Development Authority). Courtesy Notices: Courtesy notices have been provided to the following: PROD · Presidents Council Planning and Zoning Board Staff Report SW 7th Street R-O-W Abandonment Page 3 Public Notice: Formal public notice has been provided to property owners within a 500' radius of the subject property. Letters of objection or support, if any, will be provided at the Planning and Zoning Board meeting. As the subject right-of-way is unimproved and there are no plans for its improvement, its intended use is limited, it is further limited by the dead end situation. In addition, this abandonment would not impair the provision of utility services or access to adjacent lots since no utilities were identified and adjacent lots take primary access from S.W. 17th Avenue. The purpose of the abandonment is to incorporate the vacated area with the adjacent pamel to the south to be improved and utilized as an expanded parking area and landscaping as required for the existing business. 1. Continue with direction. 2. Move approval of the request for the abandonment of the southern 20' of S.W. 7th Street lying between S.W. 17th Avenue and Interstate 95 rights-of- ways by adopting the findings of fact and law contained in the staff report, and finding that the request and approval thereof is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.6(0)(5) of the Land Development Regulations. 3. Move denial of the request for abandonment by finding that the request and approval thereof is not consistent with the Comprehensive Plan and does not meets criteria set forth in Section 2.4.6(0)(5) of the Land Development Regulations. Move approval of the request for the abandonment of the southern 20' of S.VV. 7th Street lying between S.W. 17th Avenue and Interstate 95 rights-of-ways by adopting the findings of fact and law contained in the staff report, and finding that the request and approval thereof is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.6(0)(5) of the Land Development Regulations. Attachments: Location Map Reduced Survey Reduced Plat File: S:~Planning&Zoning~Boards~P&Z~NW 2"~ Avenue Abandonment.doc TO: DAVI D,u~AR~)EI~I ClT~ MAN AG E R THRU: PAUL DORLING, DIRE/CI~R OF PLANNING AND ZONING FROM: ROBERT G. TEFFT, SE~It~R PLANNER ~i~.-?..,~-- ~,~;'L '~ ' SUBJECT: MEETING OF SEPTEMBER 7, 2004 **CONSENT AGENDA** ACCEPTANCE OF A RIGHT-OF-WAY DEED ASSOCIATED WITH GRAY PLAZA (85 SW 5TM AVENUE). The action requested of the City Commission is acceptance of a Right-of-Way Deed associated with Gray Plaza, located on the east side of SW 5th Avenue approximately 50' north of SW 1st Street (85 SW 5th Avenue) within the West Atlantic Avenue Redevelopment Area. At its meeting of March 24, 2004, the Site Plan Review and Appearance Board (SPRAB) approved a Class V site plan, landscape plan, and architectural elevations associated with the Gray Plaza development proposal. The development proposal consists of the construction of a three (3) bay, 2,950 square foot retail building with a five foot (5') wide colonnade; the construction of a twelve (12) space parking lot located to the rear of the structure; and the installation of associated landscaping. The conditions of approval for the Gray Plaza development included the recording of a Right-of-Way Deed dedicating an additional five feet (5') of right-of-way for SW 5th Avenue (to provide for one-half of a 50' right-of-way). Pursuant to LDR Section 5.3.1(D)(2), and the Transportation Element Table T-1 of the City's Comprehensive Plan, the ultimate right-of-way width for SW 5th Avenue is 60'. The Development Services Management Group (DSMG) and the City Engineer have approved a right-of-way reduction for SW 5th Avenue to 50'. Currently, 40' of right-of-way exists for SW 5th Avenue; therefore the west five feet (5') of the subject property must be dedicated with the balance of the 50' right-of-way to be dedicated from the property on the west side of SW 5th Avenue upon redevelopment. The City Attorney has reviewed the Right-of-Way Deed for legal sufficiency and form, and has determined it to be acceptable. By motion, accept the Right-of-Way Deed associated with Gray Plaza (85 SW 5th Avenue). Attachments: Location Map, Site Plan, and Right-of-Way Deed ~z CITY HALL ~ ~ CENTER FIRE AMOCO ~ STATIONNo. I , r , , , STADIuMTENNIS AT ANT C AVENUE ~ ~ ''" POLICE SOUTH ~~ ~ I ~ COMPLEX COUNTY -- , COURT HOUSE S.W. 1ST ST. ' S.W. 1ST ST, S,W. 2ND ST. S.W. 3RD ST. I N ~ GRAY PLAZA ~T~ O~ ~u~^¥ et^CH. ~L LOTS 30-33, INCLUSIVE, BLOCK 29, RESUBDIVISION OF BLOCKS 29 & 37 Prepared by: RETURN: R. Brian Shutt, Esq. City Attorney's Office 200 N.W. I st Avenue Delray Beach, Florida RIGHT-OF-WAY DEED THIS INI~.ENTURE made this ~[~--~ day of 7o~'t~ , 200~, between · ~v~q~l~4~f~)~ ~ , with a mailing address of ~q~ ~-~l ~c , as p~y of the first p~ ~d CITY OF DEL~Y BEACH, ~O~DA, a Florida m~icipal co~omtion with a m~ling address of 100 N.W. 1st Avenue, Delray Beach, Florida 334~, as p~ of the second p~. WITNESSETH: That said p~ of the first p~, for ~d in consideration of the mural promises herein cont~n~ ~d other good ~d valuable consideration, does hereby ~t, remise, rele~e, quit claim and convey unto the p~y of the second p~, its successors ~d assi~s, all fi~t, title, interest, cl~m ~d dem~d w~ch ~e p~ of the flint p~ h~ in ~d to ~e following-descfib~ l~d, situate, l~ng ~d being in the County of Palm Beach, State of Florida, to-wit: See Exhibit "A" a~ach~ hereto. This Deed is made for the p~ose of ~ving ~d ~ting to the p~y of the second pm, its succes~m ~d ~si~s, a fi~t~f-way ~d e~ement in ~d to s~d l~ds for public highway, street, sidewalk ~d public utiliW pu~oses; and is made, executed ~d delivered with the express undemt~ding ~d condition that should ~e sine ever be discontinu~ or ab~doned ~ a public highway or street, the title to same shall thereupon reve~ to and revest in the p~ of the first p~ or ~si~s. That this fi~t-of-way shall be subj~t only to ~ose e~ements, resections, ~d rese~afion of record. ~e p~ of ~e flint p~ a~s to provide for ~e relic of ~y ~d all mo~gages or liens encumbering this fi~t-of-way. The p~ of the first p~ also a~ees to erst no building or eff~t ~y other kind of cons~ction or improvements upon the above-described prope~. Pa~ of the flint p~ does hereby hlly w~t the title to s~d l~d ~d will defend the sine against the lawhl claims of all p~ons whomsoever cl~m~ by, ~u~ or under iL ~at it h~ good right ~d law~l au~ofity to ~t the above-described right-of-way and that the sine is City of Delray Beach in its use of the land specifically abov. e de.se.rib.ed for right-of-way and that nothing herein contained shall in any way alter, affect, impair, m~mm]ze, or diminish the effect of said encumbrance or the remedies at law or in equity for recovering thereunder, or against the parties charged thereby, the full amount of all sums secured by and/or under the same. It is further understood and agreed that in the event said above described premises are abandoned by the City of Delray Beach and cease to be used for right-of-way that in such event the subordinate of said encumbrance shall terminate in and to such portion abandoned and no longer used as aforesaid, and the encumbrance shall become of the same status with reference to such abandoned portion as if the subordination had never been made. 1N WITNESS WHE~the said holder of the encumbrance has duly executed this instrument this~ day of~/]~ ~-~ 0 ~00-' Signed, sealed and delivered in the presence off (2 witnesses required by Florida Law) (name primed or typed) (name printed or type~ ff Ess #2: (name pr~ed or typed) (o~The foregoing i.nstruhaent was acknowledged before me this ~ day. of~ ,200 ~/by 0 cd N C~ (name of officer or agent, title ot r agent) of ['~ r~ ~.~/_~ (name of corporation acknowledging), a ~'~ (sk~ate orlplace of in/corporation) corporation, on behalf of the corporation. He/S__~. is personally known to me or has produced ~C D~ L. ~C~:/¢~,~F'- (type of identification) as identification.~'q) ~~~/~/~-CA~/~A~ ___ -~3fgnature ofNot.~try ~ualic L { ~0. OD 2~ Prepared by: RETURN: R. Brian ShuU, Esq. City Attorney's Office 200 N.W. 1st Avenue Delray Beach, Florida 33444 SUBORDINATION OF ENCUMBRANCE TO THE PROPERTY RIGHTS TO THE CITY OF DELRAY BEACH~ FLORIDA KNOW ALL MEN BY THESE PRESENTS: That whereas it is required by the City of Delray Beach to provide certain width of right-of-way in accordance with its Comprehensive Plan; and, WHEREAS, a portion of the lands required to be dedicated to the City is subject to a mortgage held by the undersigned; and WHEREAS, on behalf of the City of Delray Beach, a request has been made for the undersigned to subordinate said encumbrance to the property fights of the City of Delray Beach in and to the portion of the premises hereinafter described. NOW THEREFORE, WITNESSETH: That for and in consideration of the mutual promises herein contained and other good and valuable consideration, the undersigned subordinates said encumbrance to the property fights of the City of Delray Beach, Florida, to provide for the dedication of right-of-way of the following described lands, being a portion of the encumbered premises in Palm Beach County, Florida, to wit: See Exhibit "A' Attached hereto insofar as said premises are affected by the following described encumbrance now held by the undersigned: NATURE RECORDED ENCUMBRANCE DATE FROM OR AGAINST IN FAVOR OF BOOK-PAGE PROVIDED, ALWAYS, NEVERTHELESS, and it is expressly understood and agreed that this instrument subordinates said encumbrance insofar as same affects the rights and privileges of the City of Delray Beach in its use of the land specifically abov. e de.sc.ribyd for right-of-way and that nothing herein contained shall in any way alter, affect, impmr, m~mm~ze, or diminish the effect of said encumbrance or the remedies at law or in equity for recovering thereunder, or against the parties charged thereby, the full amount of all sums secured by and/or under the same. It is further understood and agreed that in the event said above described premises are abandoned by the City of Delray Beach and cease to be used for right-of-way that in such event the subordinate of said encumbrance shall terminate in and to such portion abandoned and no longer used as aforesaid, and the encumbrance shall become of the same status with reference to such abandoned portion as if the subordination had never been made. 1N WITNESS WHERF2OF-~the said holder of the encumbrance has duly executed this instrument this~ day of~.~/~ ~ 0 ~00_. Signed, sealed and delivered in the presence of: (2 witnesses required by Florida Law) (name printed or typed) (name printed or type~ i ESS 2: (name pn~ed or typed) STATE OF , . f //~ ,The foregoing instrument was acknowledged before me th~s ~ day o J~DAJ~ 200~/bv 0 o0 ~ffd~ (name of officer or agent, title of '~¢cer gr agent)of ('~ fi'6 ~9 ~d-~ (name of corporation acknowledging), (s~ate orlplace of intcorporation) corporation, on behalf of the corporation. He/Shoe is personally known to me or has produced ~C D~ k /C-~z/4-~ ~'_ (type of identification) as identification. "~Pfgnature ofNot~/ry ]~6~1i~ SKETCH OF DESCRIPTION EXHIBIT ",4" 20.0' ~ ~ ~ ~b NOTES: ~ '~ r~s ~s Nor A SURVEY ~ ~ ~ ~ST 5 F~T ~ LOTS J~ ~ ~ '~ ~ 52, Am J~ BL~K 2~ ~ ~KS 29 A~ 3~ ACC~ ~ ~ TO ~ ~A T ~E~ AS ~C~D ~ ~ ~ ~A T B~ 9, PAGE 6~ ~ ~ ~C~S ~ PALM ~ACH CO~T~ ~A. ~0.0' 5.0' PAUL D. 5~VEY~ ~ ~A~R ~570B o~ ~ ~ o~ ~ ~A~ ~ AU~ ~AY ~ ~A ~ 71-63EA (~ 276~I (~1) 732-3279 CITY I)F DELRrlY BEfl[H CITY ATTORNEY'S OFFICE ~oo ~w ~ ~v~. ~.^..~^~.. ~o.i~^ ~.~. TELEPHONE 561/243 7090 · FACS|M[LE 561/278-4755 DELRAY BEACH Writer's Direct Line: 561/243-7091 ~3 20o~ DATE: August 27, 2004 TO: City Commission David Harden, City Manager FROM: Brian Shutt, Assistant City Attorney SUBJECT: Landscape Hold Harmless Agreement Mr. Peterson owns property at the SW corner of N.E. 7th Street and N.E. 8th Avenue and wishes to install landscaping in a portion of the alley located on the west side of the property. The City Engineer has approved this request. Also, on April 20, 2004 the Commission approved a hold harmless agreement with Mr. Peterson for the placement of a fence in the alley. The landscaping would be placed inside the fenced area. The hold harmless agreement provides that Mr. Peterson shall defend, indemnify and hold harmless the City for any claim filed against the City as a result of the installation of the landscaping in the alley. Please place this item on the September 7, 2004 City Commission agenda. Please call if you have any questions. Attachment cc: Chevelle Nubin, Acting City Clerk Nguyen Tran, Senior Planner Randal Krejcarek, City Engineer OCity Of Delray Beach I* [ '[l[l[ 'ir[ --'[-T-IIF ............. TO: Brian Shutt, Assistant City Attorney FROM: Nguyen Tran, Senior Planner'^~ DATE: August 26, 2004 Re: Hold Harmless Agreement-Kurt Peterson Brian, Attached, please find an executed Hold Harmless Agreement for a property located at the Southwest corner of N.E. 7 Street and N.E. 8t~ Avenue. Mr. Peterson would like to install a landscaping within the alley right-of-way. As you may recall, Mr. Peterson executed a Hold Harmless Agreement with the City in May of 2004 for the installation of a fence within the public alleyway. I am enclosing an executed Hold Harmless Agreement for the installation of landscaping within the public alleyway, a copy of your memo dated April 14, 2004 as well as a recorded copy of the prior Hold Harmless Agreement. Please place this Hold Harmless Agreement on the City Commission Agenda for the regular meeting of September 7, 2004. Sincerely, nt RECEJVE_D CITY ATTORNE¥ R. Brian Shunt, F.~. City Attorney's Ot'~e 200 N.W. l~ Avenu~ Deltay Beach, FI. 33444 ]i.OLD HARM~F_~S AGREEMENT THIS HOLD HAR.M~ESS AGI~.MENT, is entered into thiz ?_..~=~ day of /~..q,/~'~ , 200?~by and between the CITY OF DELRAY BEACH, FLORIDA, (herein~'ter refer~d to as 'CITY") and ]~,~f 7~ /~'.~'~'.' -, , (hereinafter referred to as "OWNER"). WITNE$SETlt: Beach, ~orida, and has requested CITY to allow for the i~tallafion of land~apJag along the L/eS ~, . property lJfie in the public right-of-way; and WSflr. nEA~, OWNER agrees to hold CITY harmless for nay damage which might be e.~u~ed zo the landscaping ns a result of n',~intana~c~ within thc public right-of-way or any action brought against the CITY as a result of the landscaping in the public right-of-way. NOW, ~RE, for thc mutual eovennnts and matters s~t forth herein, as of the date set forth above, the parties hereby agree as f~llows: t. The recitations s~ forth above are incorporated bereJn. 2. OWNER is the ,~wner of property iegally deserthed as follows: See F.,x~b Jt 3. That OWNER i~ developing the properZy and plans to in,tail l~dscaping in the public r~ght-of-way pursuant to the City of D~lray Bzach Land Development Regulations, 4. OWNER ac~nowle~lges that the CITY shah assume no responsibility for the improven~.-nts, materints or Inu~scaping which OWNER plnees within the public right-of-way. 5. OWNER, in cor~ideration of the mutoel covenants set forth herein, agrees to defend, indemnify, and bold harmless the CITY, its agents, officers, employees and servants from any and all claims, suits, ;ausas of action or any claim whatsoever made, and which may result from the plazement or exi~ence of the landscaping in the public fight-of- way. OWNER further agrees ~o hold the CITY, iQ Rents, officers, employees and servants herrrdess for any damage to th~ improveracnts OWNER places within the public ii,hr--of-way. It is understood that any cost tbr replacement of landscaping or repairs to the improvemen~ shall be the OWNER'S responsibility, and the CITY will not be held liable for any damage as a part of the maintenance or c~nstruerlon within the said public ri/hr-of-way. 6. All no~tce requiret or allowed by this A~reemant shall be delivered in person or mailed to the party at the follow~lg address: CITY: Cir.,~ Engineer Cir./of De]ray Beach 434 South Swinton Avenue Delra¥ Beach, FL 377,~, 7. This Agreement may not be a~sigied or ttausferred by the Owner, in whole or pan without the writton consent of the City. 8. Th/s A~reement ~all be binding on the Part/es, their respective heirs, successors, legal representstivas, and permi'~tod assigns v;nd shall be recorded in th~ Public Records of Pslm Beach County and shall run wit~ the land. 9. This Agreement ~,hall be ffoverned by and construed in accordance with the laws of the State of Florida. IN WITNESS WHEREOF, the parties hereto have entered into this a~reement the day and year first wriUen above. ATTEST: CITY OF DELRAY BEACH, FLORIDA By: By: CiW Cler~r Mayor Al~proved as ~o Norm.: By; Ci~ A~oruey OWNI~R: By: ~h~ or ~p~ N~rne) -- ' (Print or Type STATE Ot~ ~ coum-r ~'~'~ , 200~y~z~'.~.~ ~.,~--~/ (name of officer or agent), of · (name of c~rpomtion), a (State or place of it~corpor~tion) ¢orpo~tlon, on behalf of the corporation, He/She is personally known to me or not take an oath. ~:~ ~. ~ ~i~itw~ of~lot~Y Public - State o~ 4 MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER~ SUBJECT: AGENDA ITEM # ~ ~-~ - REGULAR MEETING OF SEPTEMBER 7. 2004 RESOLUTION NO. 64-04 DATE: SEPTEMBER 3, 2004 This is before the Commission to approve a resolution supporting a referendum to be held on November 2, 2004 for the levy of a half-cent sales tax by the School Board of Palm Beach County for the purpose of financing a comprehensive plan to construct and renovate public schools countywide. Resolution No. 64-04 has more supporting information and replaces Resolution No. 52-04 which was passed and adopted on July 6, 2004. Recommend approval of Resolution No. 64-04. · ~\City Clerk\~gend~ memos\Re~olufion 64-04.PBC Half Cent S~les Ta~09.07.04 RESOLUTION 64-04 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, PALM BEACH COUNTY, FLORIDA, SUPPORTING A NOVEMBER 2, 2004 REFERENDUM FOR THE LEVY OF A DISCRETIONARY HALF CENT SALES TAX BY THE SCHOOL DISTRICT TO CONSTRUCT AND RENOVATE PUBLIC SCHOOLS IN p^I.M BEACH COUNTY ACCORDING TO A COMPREHENSIVE PLAN WHEREAS, the City recognizes an attractive, viable public school system is vital for providing quality education and learning environments, for attracting and retaining businesses within Palm Beach County, and helping sustain a meaningful quality of life for all county residents; and WHEREAS, the School Concurrency Interlocal Agreement was approved in January, 2001 which establishes a Countywide public school concurrency process to limit public school overcrowding; and WHEREAS, the lack of funding within the School District for the costs of construction, replacement, expansion, and modernization of new and existing public school facilities, upgrades to the newest technology, and acquisition of land, has become acute; and WHEREAS, the School District requires a new funding source to complete the planned construction projects; and WHEREAS, the School Board has determined that there is a need for 15 new schools and 27 replacement schools within the next five years that requires an additional funding source; and WHEREAS, the School Board adopted a plan, consistent with the provisions of law, for use of the proceeds from the levy and collection of a surtax for this purpose; and WHEREAS, the School Board thoroughly examined alternative funding options and concluded that a half-cent sales tax would save approximately $300 million in debt service cost associated with a property tax; and WHEREAS, numerous independent citizens review committees have scrutinized the sale tax proposal and endorsed the plan; and WHEREAS, the sales tax will not only benefit children in our schools but will also benefit our communities by providing quality facilities for after-hours community learning centers, adult education programs, and emergency storm centers; and WHEREAS, adequate safeguards have been included in the plan to assure the funds are dedicated to capital outlays, the tax sunsets at the end of six years and the approved comprehensive countywide plan creates an independent citizens oversight committee to ensure the School District fulfills its plan for school construction and renovations using the sales tax revenue. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA: Section 1. That the City of Dekay Beach, Florida, endorses the referendum for a surtax of 1/2 cent per dollar for the purpose of financing the Comprehensive Plan for construction, replacement, expansion, and modernization of public schools countywide. PASSED AND ADOPTED THIS THE __ DAY OF ,2004. MAYOR ATI'~ST: Acting City Clerk Approved as to Form and Legal Sufficiency City Attorney 2 RES. NO. 64-04 PALM BEACH COUNTY BUSINESS FORUM REFERENDUM EVALUATION TASK FORCE REPORT Analysis of the Half-Cent Sales Tax Proposal for School Construction and Renovations Published: July 6, 2004 Chairman: Dr. Robert "Budd" Kneip Section One: Overview The Palm Beach County Business Forum, an unincorporated association of 21 business, professional and trade groups, was asked by the Palm Beach County School District to support the half-cent sales tax proposal for school construction and renovations. The issue will be before voters in thc November 2004 election. Prior to taking any position on the issue, members of the Business Forum recruited an independent Task Force of business, community and education leaders throughout Palm Beach County to volunteer their time and expertise to review and evaluate the District's proposal and then report their findings back to thc Business Forum. Section Two: Purpose of the Task Force The objectives of the "Referendum Evaluation Task Force" were: To review the assumptions upon which the Palm Beach County School District built its proposal and to test the process by which these assumptions were derived; · To review the methodology, sources (both internal and external) and the financial procedures the District used to develop their numbers. The Task Force sought to determine whether they were fair, logical and consistent, tied to other financial documents and projections, footed internally, and were generated using sound accounting methodologies; · And, to test the efficacy of the measures the District has put in place to assure the proper application and oversight of funds raised, should the effort be successful. The Task Force conducted its examination in a rigorous and intellectually honest manner. The Task Force members were informed fi.om the start that this group was not created, nor ever meant to serve, as an advocacy group for or against the sales tax. Its purpose was to review the School District's proposal and assure ourselves that the District had taken every step, and asked every question, that a reasonable person could have expected. It was also stated and understood by the Task Force that the School District's plan could not take into account dynamic events, which are uncontrollable or impossible to predict, that may change the future of Palm Beach County in a dramatic way. These include the impacts of acts of nature, like hurricanes, extraordinary changes in growth patterns or economic conditions, or the demographic shifts that may be occasioned by the still evolving Scripps project. In addition, there is a reasonable expectation that the State of Florida will fund the Class Size Amendment, as required. These factors are outside the scope of consideration for the District's planning process and were therefore acknowledged by the Task Force. Referendum Evaluation Task Force Report Page 2 of 10 Section Three: Referendum Evaluation Task Force Members The Business Forum wanted to ensure that the Task Force consisted ora broad-based group of leaders from various areas in Palm Beach County who would bring a wide range of insight to the review process. The Task Force was recruited to consist of members with expertise in fields such as finance, banking, accounting, construction, law, education, management, insurance, engineering, real estate, development and utilities. The Task Force was chaired by Dr. Robert "Budd" Kneip who is the founder, and Chairman of the Board, of a highly successful business process outsourcing company in Palm Beach County. He also currently serves as an Adjunct Professor at Palm Beach Atlantic University, teaching both Business Ethics and Business Strategy and Policy. All members of the Referendum Evaluation Task Force (listed below) have at least one business located in Palm Beach County, are familiar with the areas in which they operate, are active participants in civic, community or governmental life, and do not have any real, material or financial conflicts of interest due to direct business ties with the school district. Companies like FPL and BellSouth provide a unique service to the School District but the success or failure of neither company can be said to hinge upon contracts with the District or the onset ora major school construction program. Every effort was made to ensure the members were independent and unbiased. Each member represented they were motivated to serve out of civic duty and pride, and not because of financial gain - either now or in the future. The members of the Task Force were: · Dr. Robert "Burr" C. Kneip - Chairman of the Board of Directors: Oasis Group (West Palm Beach) · Dr. Greg Aioia - Dean, College of Education: Florida Atlantic University (Boca Raton) · Robert B. Banting - President: Anderson & Cart, Inc. (West Palm Beach) · Anthony K.G. Barbar - President: Barbar Investment Group (Boca Raton) · J. Scott Benyon - Vice President, Environment/Government Affairs: Pinker Materials (West Palm Beach) · Michael J. Braeei- President: Northern Trust Bank (North Palm Beach) · Donna Clayton - Vice President & Counsel: Pratt & Whitney, Space Propulsion Operations (West Palm Beach) · George T. Elmore - President: Hardrives, Inc. (Delray Beach) · . Dr. Dennis P. Gallon - President: Palm Beach Community College (Lake Worth) · Afredo T. Guerra - Chief Financial Officer: NCCI Holdings, Inc. (Boca Raton) · Dale R. Hedrick - President: Hedrick Brothers Construction Co. (West Palm Beach) · William L. Kramer - Senior Vice President/General Manager: Sugar Cane Growers Cooperative of Florida (Belle Glade) · Larry Levine - Corporate Vice President Operations: BrandsMart USA (Hollywood) · Rod Macon - Regional Manager: Florida Power & Light (Juno Beach) Referendum Evaluation Task Force Report Page 3 of 10 · Steven E. M¢Craney - President: McCraney Property Company (West Palm Beach) · Cathy L. McKenzie - Area Director, Regulatory & External Affairs: BellSouth (West Palm Beach) · Jo Moskowitz, Senior Manager, Public Affairs, Citrix Systems, Inc. (Fort Lauderdale) · Dr. Kristen MurtaUgh - Vice President: Florida Atlantic University, John D. MacArthur Campus (Jupiter) · Robert E. Rabenecker - General Manager: Jupiter Stadium (Jupiter) · Jonathan R. Satter - Principal: Compass Realty Advisors Inc. (West Palm Beach) · Michael Sexton - President: Sexton Engineering Associates, Inc. (Wellington) · Jeff Spear - President: The Spear Group (Ft. Lauderdale) · Roxanna Trinka - President/CEO: Baseline Engineering & Land Surveying, Inc. (Boca Raton) · Leon Weekes - Chairman: Weekes & Callaway, Inc. (Delray Beach) · Mike Jones - President & CEO: Economic Council of Palm Beach County, Inc. (West Palm Beach) served as staff to the Task Force. Section Four: Task Force Process Members of the Task Force were asked to volunteer their time over a six week period starting in mid May, 2004 through late June, 2004. The Task Force held three formal meetings, conducted numerous telephonic and online exchanges, and received frequent and detailed correspondence between meetings. Most of the task force members attended at least two, if not all three, meetings. Following each meeting, Task Force members who were unable to attend were sent all information presented. Everyone was sent any follow-up material that may have been provided in response to questions the Task Force raised, so they could stay up-to-date on all new data points collected. The Task Force members understood at the beginning of the process that they were not there to re-<lo all the work that had been done by the School District in developing the Five Year Plan and budget for construction. The members were there to bring a depth of experience to the process, evaluate the District's work and ask questions about alternatives, finances, oversight and future needs which any reasonable business person would want to know. Members agreed to strive for consensus in the decision making process, keep an open mind and diligently seek sufficient information to make a compelling case either for or against the proposed sales tax increase for school construction. The members further agreed that their focus would be on issues that rose to the level ofmateriality, and not exert needless energy or effort attempting to resolve matters of de minirnis impact. At the first meeting, on Wednesday, May 26, 2004, members reviewed the mission and objectives of the Task Force, heard a presentation from the School District staff about the need, business case and alternatives related to the sales tax, and potential consequences if the tax were not successful. Members asked questions of the School Superintendent and his staff and had a discussion about the information furnished to them. Sigrdficant follow-up questions and data requests, necessary to further analyze the proposal, were generated and forwarded to District personnel. Referendum Evaluation Task Force Report Page 4 of 10 In the second meeting, held on Monday, June 7, 2004, Task Force members heard from a principal of Public Financial Management, Inc., an outside advisory company to the School District and nationally recognized firm with expertise in financial matters including access to the capital markets. The expert endorsed the District's management of financial leverage and supported the District's rationale for keeping the millage required to make Certificates of Participation (known as COPs) payments at or below 1 mill. Task Force members were told this is a prudent approach that helps maintain a sustainable and balanced capital budget. The members also heard presentations by the Chairperson or representative of three existing, independent oversight committees in place within the School District that had previously reviewed the proposed plan. The three committees were: · Construction Oversight Review Committee (CORC) - This committee consists of fourteen volunteer citizen members appointed by the School Board to provide oversight and recommendations concerning the work of Facilities Management to build quality schools on tame and under budget. · Technical Advisory Group (TAG) - This committee consists of five citizen volunteers with special knowledge and experience to review the implementation of concurrency, which requires school construction to keep pace with growth. · Finance Committee - This committee is composed of seven community volunteers, with substantial experience in the financial services industry, along with six ex-officio members representing the Board and DishSct employees. This committee is an advisory group that rexaews the School District's investment portfolio and short-term or long-term debt obligations. Each independent standing committee reviewed the process it went through before deciding to support the District's plan and took questions from Task Force members. The responses of these three committees to the District's proposal were positive, and are presented in greater detail in the following Section Five of this report. At the second meeting, Task force members also reviewed answers to questions fi.om the prior meeting and held a preliminary discussion of what conclusions the members could draw based on everything they had received. At the third and final meeting, on Monday, June 21,2004, the Task Force disenssed responses to new questions fi.om the second review meeting. Members then had an in-depth discussion of their observations and delivered the recommendations and conclusions that are stated below in this report. Referendum Evaluation Task Force Report Page 5 of 10 Section Five: Overview of the School District's Rationale for the Half-Cent Sales Tax Proposal Note: The information below is based on the presentations made by the school district staff to the Task Force members, with a majority of the information from a PowerPoint titled: "School Construction Referendum: .4 Synopsis" dated May 2~ 2004. · The School District of Palm Beach County is thc 1 lth largest school district in thc nation, with a current student population of over 160,000 students. · The School District has some of the most successful academic, construction and finance programs in the nation, and has been recognized for its accomplishments in several areas. · Since the last voter-approved bond for public schools in 1986, almost 18 years ago, the School District has doubled in size. · In August, 2004 the District will open an additional 7 new schools, adding 12,313 new seats for students in Palm Beach County. · The Five Year Plan for 2004 through 2008 shows that there is a need for new schools, replacements and renovations to provide adequate, functional space for an additional 16,271 new students that will be entering the school system during that timeframe. · The schools will be built in areas where they are needed to keep up with high growth based on the latest demographic information and enrollment projections. · The 2004 Five Year Plan is to spend $977 million to build 15 new schools, replace 27 existing schools which would not be cost effective to repair, expand 9 current schools and construct 4 career academies. · The staff identified a shortfall of $560 million to fund the plan for school construction and renovations. · The District has exhausted all possible funding sources and has issued the maximum allowable amount of Certificates of Participation. · The District's bond rating (which is among the highest in the state) would be jeopardized unless a new source of revenue is identified. · A proposed half-cent sales tax would fund the $560 million gap so the school construction and renovations plan can be completed properly. · The tax would apply only to the first $5,000 of the sales price of tangible personal property. Many goods and services such as medications, baby food, and certain groceries would remain exempt from the sales tax. · If approved by voters in November, the half-penny sales tax would be in existence for six years, beginning January 2005 and ending December 2010. · The proceeds of the sales tax would be dedicated for specific school capital projects only, as outlined in the 2004 Five Year Plan. · The capital plan is required by law to be updated annually by the School District staff and Board. · An independent oversight committee will be established to oversee and review the use of the sales tax proceeds. · Any funds collected beyond the $560 million will be used to pay down future debts. Referendum Evaluation Task Force Report Page 6 of 10 · The five year plan for new construction has been reviewed and approved by the three independent oversight committees: CORC, TAG and Finance. · Two committees, TAG and Finance, also supported the half-cent sales tax as a mechanism for funding the $560 million shortfall. CORC supported the plan but did not take a position on the funding mechanism since it's not part of their mission. However, CORC unanimously agreed that additional funding is needed for the District to execute the Plan. · Without the half-cent sales tax revenue the school district would have to eliminate and/or reprioritize future school construction projects and renovations that are part of the current plan, deal with accelerated building deterioration and consider implementation of year-round schools and double-sessions. · The half-cent sales tax revenue of $560 million is expected to fund the gap in construction through 2008 and will put the District's construction program back on track financially. Moreover, the School District expects to have sufficient revenue from normal funding sources to keep pace with planned school construction projects and does not reasonably foresee any need for additional future funding based on these current projections. Section Six: Analysis and Recommendations from the Referendum Evaluation Task Force Note: The following are observations and recommendations made by the members of the Task Force about the District and the Sales Tax Proposal. } The School District: · The Palm Beach County School District has done a good job on school construction projects by building 25 new schools, 20 replacement schools and remodeling 3 schools to add 35,000 new seats since 1998. · The District has managed construction expenditures of $1 billion between FY98 and FY03 and managed school construction and renovation projects on time and, with very few exceptions, under budget. · They have kept down costs in construction by using the same design concepts and economizing from one school to the next. · The School District has been recognized because its school constmction costs have been equal to or less than state averages. · In the last few years the District's student projections have been impressively accurate (variation of 547 students in 2003 and only 41 students in 2004 Out ora population of 160,290 students enrolled in SY2003-04). · The Construction Oversight Review Committee (CORC) provides credibility and strength to the work done by Facilities Management. Referendum Evaluation Task Force Report Page 7 of 10 The 2004 Five Year Plan- · The District has done a thorough job of evaluating future needs and coming up with an adequate plan and budget for new schools in their 2004 Five Year Plan. · The five year plan and the sales tax proposal have had sufficient review by all three standing committees (CORC, Finance, TAG), based on each committee's scope of work. · The endorsement by each of the three committees enhances confidence in the construction plan and in the sales tax as a proper finance mechanism to fund the $560 million shortfall. · While this Task Force did not scrutinize each school listed in the five year plan, it did evaluate the process by which the District made its decisions. We are satisfied that the School District applied demographic information and other relevant data from a variety of different, independent sources to develop the list of school projects that are in need of new construction, replacement or modernization. Condition of Schools · Many of Palm Beach County's older schools need modernization, better technological access, and higher safety standards. · Older schools in the county need to be brought up to the same level of standard as new schools that are being built so children are provided an equal learning environment. · The District has done a thorough and fair job evaluating and ranking schools that need to be repaired, modernized or replaced using outside professional experts and construction project teams to calculate each school's Facility Condition Index (FCI) and Educational Adequacy Index (EAI). Both of these indices are well established, independently derived mechanisms for evaluating repair and modernization requirements. ~' Dedicated Funding Provision: · The Task Force strongly approves of the District's intention to dedicate all proceeds from the sales tax to school construction, renovations and expansions only. · We are satisfied that in the 2004 Five Year Plan the District has clearly listed all new schools, replacements, and modernizations that will take place with the $560 million generated from the half-cent sales tax. } Sunset Provision: · The Task Force supports the guarantee that, by law, the sales tax expires at the end of six years (December 31, 2010) and can not be extended without voter approval. · It is our understanding that if the $560 million from the sales tax is collected sooner than five years, then the tax must expire at the end of the year in which the total amount is collected. The Task Force supports the plan to use any revenue collected Referendum Evaluation Task Force Report Page 8 of 10 over the $560 million, if any overage should occur during the final year the tax is collected, to pay down any debts the District has already incurred by the issuance of Certificates of Participation. Oversight Committee Provision: · The Task Force supports the creation of an Oversight Committee to ensure the District fulfills their plan for school construction and renovations using the sales tax revenue. · It is our recommendation that a panel of independent community leaders, including business, finance and construction experts, who are volunteers with no financial ties to the District, serve on the Oversight Committee. Their task should be to oversee the $977 million of expenditures in the 2004 Five Year Plan, including the $560 million portion that will be generated by the half-cent sales tax. · It is the Task Force's suggestion that the Oversight Committee should consist of seven volunteer citizen members who are residents of Palm Beach County: One representative each from these current standing committees: CORC, Finance and TAG; one representative appointed by the Economic Council; one representative appointed by the Education Commission; and two representatives appointed by the Business Forum. · The committee should adopt roles and proceedings regarding governance, length of service, select a Chairperson, and serve in the Sunshine per state and local law. · The Oversight Committee should be in place until all projects from the 2004 Five Year Plan have been funded and scheduled for construction. · We suggest the representatives on the Oversight Committee work closely with the CORC, TAG and Finance committees, District staffand School Board members to ensure the plans and budgets for each project will allow all projects and facilities to be completed as promised. Collecting a Sales Tax vs. Property Tax: · The Task Force affirms the findings of TAG and the Finance Committee that the sales tax is a proper funding mechanism to generate the $560 million needed. · The sales tax is a more equitable source of funding then a property tax because it spreads out the cost of the tax to include tourists and renters. · The sales tax is only paid on the first $5,000 of the sales price of tangible personal property. · Members of the Task Force appreciate the fact that the sales tax lasts only six years, as opposed to a property tax that would require at least 20 years to generate needed revenue and an additional $302 million of interest to retire. Referendum Evaluation Task Force Report Page 9 of 10 Section Seven: Conclusion Palm Beach County schools need to bc updated with adequate facilities, including better access to technology. The sales tax will not only benefit cl~ildren in our schools but will also benefi! our communities by providing quality facilities for ai~er-hours community learning centers, adult education programs and emergency storm centers. An attractive, viable public school system is vital for attracting and retaining businesses within Palm Beach County, and helps sustain a meaningful quality of life for all county residents. Having reviewed the School District's plan for school construction and renovations, we the members of the Referendum Evaluation Task Force unanimously support the School District's proposal for the half-cent sales tax. We believe the School District has exhausted all other funding sources, and the half-cent sales tax to raise $$60 million is thc best and most reasonable solution to fund school construction, renovations and expansion, which in turn will reduce school overcrowding. Referendum Evaluation Task Force Report Page 10 of 10 MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER [~ SUBJECT: AGENDA ITEM At <~Ax - REGULAR MEETING OF SEPTEMBER 7, 2004 RESOLUTION NO. 70-04 DATE: SEPTEMBER 3, 2004 This is before the City Commission to consider approval of Resolution No. 70-04 adopting the Revised Unified Palm Beach County Local Mitigation Strategy Plan. All Local Mitigation Strategy (LMS) programs across the United States are being required by the Federal Emergency Management Agency (FEMA) to bring their plans into compliance with the new federal guidelines introduced in response to the Disaster Mitigation Act of 2000. A "FEMA approved" LMS Plan is required by November 1, 2004 in order for Palm Beach County and participating municipalities to be eligible to apply for and receive pre and post disaster federal mitigation funding. I have attached an outline (Table of Contents) of the Revised LMS Plan as Exhibit "A". A copy of the entire plan is available in the Clerk's Office for viewing. Recommend approval of Resolution No. 70-04 adopting the Revised Unified Palm Beach County Local Mitigation Strategy Plan. S:\City Clerk\agenda mca-nos\Res. 70-04 Revised Unified PBC Local Mitigation Strategy Pla~09.07.04 RESOLUTION NO. 70-04 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING THE CITY OF DELRAY BEACH TO ADOPT THE REVISED UNIFIED PALM BEACH COUNTY LOCAL MITIGATION STRATEGY PLAN; PROVIDING AN EFFECflVE DATE; AND FOR OTHER PURPOSES. WHEREAS, Palm Beach County and its 37 municipalities, worked together in 1998 and 1999 to develop a multi-jurisdictional strategy known as the Unified Local Mitigation Strategy Plan to create a more disaster resistant community; and WHEREAS, the Federal Disaster Mitigation Act of 2000 (DMA2000) and the Federal Emergency Management Agency (FEMA) require communities to adopt a hazard mitigation plan in order to be eligible to receive pre-disaster and post-disaster federal funding for mitigation purposes; and WHEREAS, Palm Beach County and its 37 municipalities have participated in the Unified Local Mitigation Strategy (LMS) program since its inception in 1999 and a majority of the 37 municipalities approved an Interlocal Agreement with Palm Beach County concerning the EMS program (the "LMS Interlocal"); and WHEREAS, the County and its 37 municipalities coordinated a public process to revise and amend the Unified EMS Plan to bring it into full compliance with new federal guidelines established in response to DMA2000 (the "Revised EMS Plan"); and WHEREAS, Palm Beach County's Revised EMS Plan was reviewed and approved by FEMA and the Florida Department of Community Affairs contingent upon the inclusion of mutually acceptable changes and the adoption of same by Palm Beach County and the municipalities; and WHEREAS, the EMS Steering Committee recommends the formal adoption of the Revised EMS Plan by resolution pursuant to the terms of the LMS Interlocal. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, THAT: Section 1. The City of Delray Beach hereby approves and adopts the Revised Unified Local Mitigation Strategy Plan in its entirety, as revised and approved by the Local Mitigation Steering Committee (the "Revised LaMS Plan") and agrees to be governed by the Revised EMS Plan attached hereto and incorporated herein as Exhibit "A" (set forth on CD-Rom); and, as applicable, further agrees to be governed by the Revised LMS Plan which shall hereafter amend any LMS Interlocals previously approved by the City of Delray Beach. Section 2. The City of Delray Beach authorizes the appropriate Delray Beach Officials to pursue available funding oppommities for implementation of proposals designated therein, and will, upon receipt of such funding or other necessary resources, seek to implement the actions contained in the mitigation strategies. Section 3. The City of Delray Beach will continue to participate in the multi- jurisdictional LMS phnning process, including reporting of progress as required by FEMA, the Florida Department of Community Affairs, and the LMS Steering Committee. Section 4. The City of Delray Beach directs the Clerk to transmit an original of the executed Resolution to the Palm Beach County Division of Emergency Management, attention Senior Mitigation Phnner ITel. 712-6325), to be forwarded for filing in the Office of the Circuit Court. PASSED AND ADOPI'ED in regular session on this the 7th day of September, 2004. MAYOR ATI'EST: Acting City Clerk 2 RES. NO. 70-04 MEMORANDUM LMS Oepartmen¢ of l'ublic Safety TO: Municipal LMS Representatives lvision of ~mer~ency Mafla~emen¢ 20 South Military Trail FROM: William F. O'Brien, Ill, Director we~t Palm ~each, FL 334Z5 Division of Emergency Management (561) 712-6400 FAX: (561) 712-6464 DATE: August 5, 2004 www. pbcgov.~om RE: AdoptiOn of the Revised LMS Plan · All Local Mitigation Strategy (LMS) programs across the U.S. are being required by the Federal Emergency Management Agency (FEMA) to bring their plans into compliance with the new federal ~ Bea,:h Coun~ guidelines introduced in response to the Disaster Mitigation Act of ~,,,~ o~ co,,~, 2000. A "FEMA approved" LMS plan is required by November 1~ 2004 in order for Palm Beach County and participating municipalities ~ren T. ~4arcus, Chair to be eligible to apply for and receive pre and post disaster federal Tony Masilottl. Vice Chairman mitigation funding. jeff ~oons After a very lengthy and involved revision process, in November of Warren H. ~4~e~ 2003 Palm Beach County's plan was among the first in the U.S. to be granted "conditional approval" by FEMA ... i.e. the plan was approved M~,7 Mcca~ conditioned upon completion of certain additional specified changes and documented evidence of adoption of the revised LMS by all Burr Aaror~on participating jurisdictions. The required additional changes have now ^ddie L. Greene been completed and submitted to the Flodda Department of Community Affairs and FEMA. We are now proceeding with the final step of completing the adoption process at the municipal and county levels and supplying evidence to FEMA in time to make the November 1st deadline. County ~h-a I~l~zator Robert Waismafl Enclosed find the following: 1. A CD-ROM copy of the Revised Palm Beach County Unified Local Mitigation Strategy Plan 2. A copy of the LMS municipal adoption resolution 3. A copy of the cress-walk document paidng the FEMA required changes with the sections or pages changed and resubmitted. Please do everything you can to expedite the adoption process. In order to meet FEMA's deadline, we are establishing a deadline of October 1 for receiving all executed adoption resolutions. Municipalities not included in our FEMA submission package will likely have to reapply for membership in the LMS and will be ineligible for ~,,~, ~o. ~o:,~- federal funding until they are reinstated in the program. For your information, a draft of the enclosed adoption resolution has been reviewed and revised in accordance with recommendations provided from the County attorney's office, the attomey's office representing the League of Cities, and the FIodda Department of Community Affairs. Your municipality is required to execute the new adoption resolution even if it has a previously executed Interiocal Agreement on file with the county. We have purposaly kept the enclosed resolution short and straight forward in hopes of avoiding lengthy legal delays. The resolution basically represents a recommitment to the LMS program as modified by the Disaster Mitigation Act of 2000. It is essentially the same resolution other communities will use. One significant change that should be noted is FEMA's more stringent requirements for documented participation by all jurisdictions. Accordingly, the LMS Steedng Committee has introduced strict rules on LMS meeting attendance, committee participation and project submission. While participation in the LMS is voluntary, we strongly recommend that no municipality withdraw from the program without first seriously considering the potential costs, dsks, and exposures that non- participation would bdng. In order to ensure your executed resolution is processed in a timely manner, please forward three copies with original signatures directly to the attention of Sheddan Truesdale, Division of Emergency Management, 20 S. Military Trail, West Palm Beach, FL 33415. If you have any questions on the LMS plan and/or the adoption process, please direct them to Mr. Truesdale at (561) 712-6325 or struesda(i~,co.palm -beach.fl. us Thank you for your prompt attention to this request. Sincerely, Sheridan L. Truesdale Division of Emergency Management Sr. Mitigation Planner rnergencies PALM BEACH COUNTY UNIFIED LOCAL MITIGATION STRATEGY Revised 2004 TABLE OF CONTENTS Page 1.0 PURPOSE AND OVERVIEW ...................................................................................... 1-1 1.1 PURPOSE ........................................................................................................... 1-1 1.2 PROGRAM ORGANIZATION ............................................................................. 1-1 1.2.1 ORIGINAL LMS STRUCTURE ........................................................................... 1-1 1.2.2 REVISED LMS STRUCTURE ............................................................................ 1-2 1.3 LMS PARTICIPATION REQUIREMENTS ..........................................................1-4 1.4 JURISDICTIONAL ADOPTION OF THE LMS ................................................... 1-6 1.5 NEW JURISDICTION/ENTITIES ........................................................................ 1-6 2.0 GUIDING PRINCIPLES .............................................................................................. 2-1 2.1 METHODOLOGY ........................................................................ . ....................... 2-1 2.2 PROCESS ........................................................................................................... 2-2 2.3 MITIGATION STRATEGIES ............................................................................... 2-3 2.4 MITIGATION GOALS AND OBJECTIVES ......................................................... 2-3 3.0 HAZARD IDENTIFICATION AND VULNERABILITY ANALYSIS ......................... 3-1 3.1 HAZARD IDENTIFICATION ............................................................................. 3-1 3.1.1 NATURAL HAZARDS .......................................................................... 3.1 3.1.1.1 FLOODING ......................................................................... 3-1 3.1.1.2 HURRICANE/TROPICAL STORM ..................................... 3-7 3.1.1.3 TORNADO ........................................................................ 3-11 3.1.1.4 SEVERE THUNDERSTORM/LIGHTNING ....................... 3-13 3.1.1.5 DROUGHT ........................................................................ 3-14 3.1.1.6 EXTREME TEMPERATURES .......................................... 3-15 3.1.1.7 AGRICULTURAL PEST AND DISEASE .......................... 3-16 3.1.1.8 WILDFIRE/URBAN INTERFACE ZONE .......................... 3-18 3.1.1.9 MUCK FIRE ...................................................................... 3-19 3.1.1.10 SOIL/BEACH EROSION ...............................~ ................... 3-20 3.1.1.11 SEISMIC HAZARDS ......................................................... 3-21 3.1.1.12 GEOLOGIC ....................................................................... 3-22 3.1.1.13 EPIDEMIC ......................................................................... 3-22 3.1.2 TECHNOLOGICAL HAZARDS ........................................................... 3-24 3.1.2.1 DAM/LEVEE ..................................................................... 3-24 3.1.2.1 HAZARDOUS MATERIALS ACCIDENT .......................... 3-25 3.1.2.2 RADIOLOGICAL ACCIDENTS .........................................3-26 3.1.2.3 COMMUNICATIONS FAILURE .................... ~ ................... 3-27 3.1.2.4 HAZARDOUS MATERIALS RELEASE ............................ 3-27 3.1.2.5 TRANSPORTATION SYSTEM ACCIDENTS ................... 3-27 3.1.2.6 WELLFIELD CONTAMINATION ...................................... 3-29 3.1.2.7 POWER FAILURE (OUTAGES) ....................................... 3-29 3.1.3 SOCIETAL HAZARDS ........................................................................ 3-31 3.1.3,1 CIVIL DISTURBANCE ...................................................... 3-31 3.1.3.2 TERRORISM AND SABOTAGE ....................................... 3-31 3.1.3.3 IMMIGRATION CRISIS ..................................................... 3-33 3.2 VULNERABILITY ASSESSMENT .................................................................. 3-33 3.2.1 NATURAL HAZARDS ......................................................................... 3-34 3.2.1.1 HURRICANE/TROPICAL STORM ................................... 3-34 3.2.1.2 FLOODING ....................................................................... 3-36 3.2.1.3 SEVERE THUNDERSTORM/LIGHTNING ....................... 3-37 3.2.1.4 WILDFIRE/URBAN INTERFACE ZONE .......................... 3-37 3.2.1.5 MUCK FIRE ...................................................................... 3-38 3.2.1.6 TORNADO ........................................................................ 3-38 3.2.1.7 EXTREME TEMPERATURES .......................................... 3-38 3.2.1.8 SOIL COLLAPSE AND BEACH EROSION ...................... 3-39 3.2.1.9 AGRICULTURAL PEST AND DISEASE .......................... 3-39 3.2.1.10 DROUGHT ........................................................................ 3-39 3.2.1.11 EPIDEMIC ......................................................................... 3-40 3.2.1.12 SEISMIC HAZARDS ......................................................... 3-40 3.2.2 TECHNOLOGICAL HAZARDS ........................................................... 3-41 3.2.2.1 HAZARDOUS MATERIALS ACCIDENT .......................... 3-41 3.2.2.2 RADIOLOGICAL ACCIDENT ...........................................3-41 3.2.2.3 COMMUNICATIONS SYSTEM FAILURE ........................ 3-42 3.2.2.4 TRANSPORTATION SYSTEM ACCIDENTS ................... 3-43 3.2.2.5 WELLFIELD CONTAMINATION ...................................... 3-43 3.2.2.6 POWER FAILURE ............................................................ 3-43 3.2.3 SQCIETAL HAZARDS ........................................................................ 3-43 3.2.3.1 CIVIL DISTURBANCE .................................. ; ................... 3-43 3.2.3.2 TERRORISM AND SABOTAGE ....................................... 3-44 3.2.3.3 IMMIGRATION CRISIS ..................................................... 3-44 3.2.4 VULNERABILITY OF CRITICAL FACILITIES .................................... 3-44 3.3 RISK ASSESSMENT ...................................................................................... 3-45 3.4 HAZARD IDENTIFICATION AND RISK ASSESSMENT REFERENCES ................................................................................................ 3-47 4.0 INVENTORY AND EVALUATION OF EXISTING HAZARD MANAGEMENT GOALS, POLICIES, PROCEDURES, ORDINANCES, PROJECTS, AND ACTIVITIES ................................................................................................................ 4-1 4.1 GOVERNMENTAL .......................................................................................... 4-1 4.1.1 FEDERAL ............................................................................................ 4-1 4.1.2 STATE ................................................................................................. 4-2 4.1.3 REGIONAL .......................................................................................... 4-3 4.1.3.1 TREASURE COAST REGIONAL PLANNING COUNCIL.....4-3 4.1.3.2 SOUTH FLORIDA WATER MANAGEMENT DISTRICT ...... 4-4 4.1.4 LOCAL ................................................................................................ 4-5 4.1.4.1 PALM BEACH COUNTY ........................................................ 4-5 4.1.4.2 MUNICIPALITIES ................................................................. 4-27 4.1.5 INTERGOVERNMENTAL COORDINATION .................................... 4-32 4.2 PRIVATE SECTOR BACKGROUND AND ANALYSIS ................................ 4-34 4.2.1 BACKGROUND ................................................................................. 4-34 4.2.2 ACCOMPLISHMENTS ...................................................................... 4-35 4.2.2.1 OBJECTIVE 1 ...................................................................... 4-35 4.2.2.2 OBJECTIVE 2 ...................................................................... 4-36 4.2.2.3 OBJECTIVE 3 .................................................. .. .................. 4-37 4.2.2.4 OBJECTIVE 4 ...................................................................... 4-38 4.3 STRENGTHENING THE ROLE OF LOCAL GOVERNMENTS ................... 4-39 5.0 PROJECT PRIORITIZATION METHODOLOGY ...................................................... 5-1 TABLE OF CONTENTS (Continued) Page 5.1 DEVELOPMENT AND RATIONALE ............................................................... 5-1 5.1.1 COMMUNITY BENEFIT ...................................................................... 5-3 5.1.1.1 COMMUNITY RATING SYSTEM CREDIT ............................ 5-3 5.1.1.2 PROJECT BENEFIT .............................................................. 5-3 5.1.1.3 COMMUNITY EXPOSURE .................................................... 5-4 5.1.1.4 COST-EFFECTIVENESS ...................................................... 5-5 5.1.2 COMMUNITY COMMITMENT ............................................................ 5-7 5.1.2.1 CONTAINED WITHIN THE EXISTING GROWTH MANAGEMENT PLAN ........................................................... 5-7 5.1.2.2 CONTAINED WITHIN AN EXISTING EMERGENCY MANAGEMENT PLAN OR OTHER GOVERNING DOCUMENT ............................... 5-7 5.1.2.3 PUBLIC SUPPORT ................................................................ 5-8 5.1.3 PROJECT IMPLEMENTATION .................................... ; ..................... 5-8 5.1.3.1 CONSISTENCY WITH EXISTING REGULATORY FRAMEWORK ....................................................................... 5-8 5.1.3.2 FUNDING AVAILABILITY ...................................................... 5-9 5.1,3.3 MATCHING FUNDS .............................................................. 5-9 5.1.3.4 TIMEFRAME FOR ACCOMPLISHING OBJECTIVES .......... 5-9 5.2 TIE-BREAK PROCEDURE ........................................................................... 5-10 5.3 LMS EVALUATION PANEL .......................................................................... 5-10 5.3.1 ORGANIZATIONAL STRUCTURE/COMPOSITION ........................ 5-10 5.3.2 PANEL APPOINTMENT ................................................ ; ................... 5-11 5.3.2.1 COMMUNITY BENEFIT ....................................................... 5-11 5.3.2.2 COMMUNITY COMMITMENT ............................................. 5-11 5.3.2.3 PROJECT IMPLEMENTATION ........................................... 5-11 5.3.2.4 ELIGIBILTY FOR FEDERAL FUNDING .............................. 5-11 5.3.3 STAFFING ........................................................................................ 5-12 5.4 PROJECT PRIORITIZATION UPDATING PROCESS ........................................... 5-12 6.0 CONFLICT RESOLUTION PROCEDURES ............................................................. 6-1 6.1 BACKGROUND ............................................................................................... 6-1 6.2 CONFLICT RESOLUTION PROCEDURE ...................................................... 6-2 7.0 LMS UPDATING PROCEDURE ............................................................................... 7-1 7.1 REGULAR LMS UPDATE PROCEDURES .................................................... 7-1 7.2 DECLARED EMERGENCY ASSESSMENT ................................................... 7-3 TABLE OF CONTENTS (Continued) Page APPENDICES APPENDIX A: RELATIVE VULNERABILITY TO HAZARDS BY LOCAL GOVERNMENT ...................................................................... A-1 RELATIVE PROBABILITY TO HAZARDS BY LOCAL GOVERNMENT ...................................................................... A-2 DATA SOURCES USED FOR THE PALM BEACH COUNTY HAZARD VULNERABILITY AND RISK ASSESSMENT .................................................................. A-3 RISK ASSESSMENT FOR PALM BEACH COUNTY .............................................................................................. A-4 IMPACT ANALYSIS FOR PALM BEACH COUNTY .............................................................................................. A-5 APPENDIX B: MITIGATION INITIATIVES FOR PALM BEACH COUNTY .............................................................................................. B-1 MITIGATION INITIATIVES FOR JURISDICTIONS WITHIN PALM BEACH COUNTY .............................................................................................. B-2 APPENDIX C: RISK ASSESSMENT MAPS FOR PALM BEACH COUNTY BY HAZARD INCLUDING JURISDICTIONS, CRITICAL FACILITIES, POTENTIALS LOSSES, AND NARRATIVES .................................... C-1 APPENDIX D: TREASURE COAST REGIONAL PLANNING COUNCIL COMPREHENSIVE MANAGEMENT PLAN ................................................................................................... D-1 EXISTING HAZARD MITIGATION IN THE PALM BEACH COUNTY COMPREHENSIVE GROWTH MANAGEMENT PLAN ........................................................................ D-2 COMPREHENSIVE GROWTH MANAGEMENT PLAN HAZARD MITIGATION INVENTORY OF PLAN ELEMENTS ............................................................................... D-3 EXISTING HAZARD MITIGATION PROJECTS AND PROGRAMS ............................................................................... D-4 APPENDIX E: POTENTIAL MITIGATION PROJECTS .............................................. E-1 TABLE OF CONTENTS (Continued) Page APPENDIX F: POTENTIAL MITIGATION PROJECTS, INFORMATION SOURCES, AND FUNDING SOURCES ........................................................................................... F-1 APPENDIX G: EXAMPLE APPLICATIONS OF MITIGATION PROJECT SCORING - FOUR CASE STUDIES ............................... G-1 APPENDIX H: RESOLUTIONS AND/OR INTERLOCAL AGREEMENTS ................. H-1 APPENDIX I: MEETING SUMMARIES FOR ALL MEETINGS FOR THE PALM BEACH COUNTY LOCAL MITIGATION STRATEGY TO INCLUDE WHETHER OR NOT THE PUBLIC WAS INVITED ............................. I-1 APPENDIX J: REPETITIVE LOSS PROPERTY LIST FOR ALL OF PALM BEACH COUNTY .............................................................................................. J-1 MEMORANDUM TO: David Harden City Manager FROM: John J. Callahan I Library Director I~,~ DATE: August 27, 2004 RE: FY 2004-2005 State Aid to Public Libraries Grant Application Attached is a proposed resolution of the City Commission for the approval of an application requesting State Aid to Libraries Grant Funding for the Delray Beach Public Library. The resolution authorizes the City Manager to sign the application on behalf of the City, which is the eligible political subdivision. Please schedule this item for Commission consideration as soon as possible. Submission deadline for the grant application is October 1, 2004. Once the application has been signed, please return the packet to the Library for submission. Thank you for your assistance in this matter. 29 Southeast FourVh Avenue · Delray Beach, Florida 33483 · (561) 266-0194 Fax (561) 266-9757 RESOLUTION NO. 71-04 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, APPROVING THE SUBMISSION OF AN APPLICATION REQUESTING STATE AID TO LIBRARIES GRANT FUNDING FOR OPERATIONS AND MAINTENANCE OF THE LIBRARY, AND PROVIDING REQUIRED ASSURANCES. WHEREAS, effective July 1, 2003, the Florida Legislature amended Chapter 257 Florida Statutes to allow application for State Aid to Libraries Grant Funding by municipalities for operating grants; and WHEREAS, m order to meet the requirements for application for State Aid to Libraries Grant Funding the City of Delray Beach is required to approve submission of the application and make the following certifications provided herein. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, THAT: Section 1. The City of Delray Beach is an eligible political subdivision. Section 2. The City of Delray Beach is the single library administrative unit. Section 3. The Delmy Beach Public Library Association, Inc. is the designated governing body to provide library services. Section 4. The Library Director shall be the single administrative head employed by the Delray Beach Library Association, Inc. with authority to manage or coordinate the operations of the library and shall have an approved job description. Section 5. The Library D'urector shall have an American Library Association accredited professional degree, and have at least two (2) years of full-time paid professional experience, after completing the library education program, in a public library that is open to the public for a minimum of 40 hours per week. Section 6. All operating funds will be centrally expended by the single administrative head and as a part of the library's budget. Section 7. The library will extend borrowing privileges without charge to residents of all library service areas in the county that receive State Aid to Libraries Grants. Section 8. The library will provide flee library services. Section 9. The library will participate with all libraries in the county that receive State Aid to Libraries Grants in joint phnmg for the coordination of library services to residents. Section 10. The library will continue to be operated a minimum of forty (40) hours per Section 11. Attached hereto is Exhibit A, a three (3) year long-range plan, and Exhibit B, an annual plan of service, that are approved by the Delray Beach Public Library Association, Inc. Section 12. The City Commission hereby authorizes the Chief Executive Officer of the City of De[ray Beach. Florida to execute the application for Operating Grants. Section 13. The grant funds received by the City shall be transferred to the Delray Beach Public Library Association, Inc. Section 14. This Resolution shall become effective upon its passage and adoption. PASSED AND ADOPTED this day of ., 2004. A'ITI6ST: CITY OF DELRAY BEACH, FLORIDA Acting City Clerk M A Y O R 2 RES. NO. 71-04 Florida Department of State, Division of Library and Information Services STATE AID TO LIBRARIES GRANT AGREEMENT The City of Delray Beach on behalf of lheApp~icant (Grantee) Delrav Beach Public Library Association. Inc. (Name of library goveming body) Governing body for The Delray Beach Public Library (Name of library) hereby makes application and certifies eligibility for receipt of grants authorized under Chapter 257, Florida Statutes and guidelines for the State Aid to Libraries Grant Program. I. The Grantee agrees to: a. Expend all grant funds awarded and perform all acts in connection with this agreement in full compliance with the terms and conditions of Chapter 257, Florida Statutes, and guidelines for the State Aid to Libraries Grant Program. Funds will not be used for lobbying the legislature, the judicial branch, or any state agency. b. Provide the Division of Library and Information Services (DIVISION) with statistical, narrative, financial, and other reports as requested. c. Not discriminate against any employee employed in the performance of this agreement, or against any applicant for employment because of race, color, religion, gender, national origin, age, handicap, or marital status. The Grantee shall insert a similar provision in all subcontracts for services by this agreement. d. Retain all records for a period of 5 years from the date of submission of the final project report. If any litigation, claim, negotiation, audit, or other action involving the records has been started before the expiration of the 5 year period, the records shall be retained until completion of the action and resolution of all issues which adse from it, or until the end of the regular 5 year period, whichever is later. e. In the event that the GRANTEE expends a total amount of State awards (i.e., State financial assistance provided to the GRANTEE to carry out a State project) equal to or in excess of $300,000 in any fiscal year of such GRANTEE the GRANTEE must have a State single or project, specific audit for such fiscal year in accordance with Section 215.97, Florida Statutes; applicable rules of the Executive Office of the Governor and the Comptroller, and Chapter 10.550, Rules of the Auditor General. In determining the State awards expended in its fiscal year, the GRANTEE shall consider all sources of State awards, including State funds received from the Florida Department of State, except that State awards received by a nonstate entity for Federal program matching requirements shall be excluded from consideration. In connection with the audit requirements addressed in Section e, paragraph 1, the GRANTEE shall ensure that the audit complies with the requirements of Section 215.97(7), Florida Statutes. This includes submission of a reporting package as defined by Section 215.97(2)(d), Florida Statutes, and Chapter 10.550, Rules of the Auditor General. If the Grantee expends less than $300,000 in State awards in its fiscal year, an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, is not required. In the event that the GRANTEE expends less than $300,000 in State awards in its fiscal year and elects to have an audit conducted in accordance With the provisions of Section 215.97, Florida Statutes, the cost of the audit must be paid from non-State funds (i.e., the cost of such an audit must be paid from GRANTEE funds obtained from other than State entities). f. Identify an individual or position with the authority to make minor modifications to the application, if necessary, pdor to execution of the agreement. II.The DIVISION agrees to: a. provide a grant in accordance with the terms of this agreement in consideration of the Grantee's performance hereinunder, and contingent upon an annual appropriation by the Legislature. In the event that the state funds on which this agreement is dependent are withdrawn, this agreement is terminated and the DIVISION has no further liability to the Grantee beyond that already incurred by the termination date. In the event of a state revenue shortfall, Operating Grants shall be reduced in accordance with Section 257.195, Flodda Statutes. b. Notify the grantee of the grant award after review and approval of required documents. The grant amount shall be calculated in accordance with Chapter 257, Florida Statutes and guidelines for the State Aid to Libraries Grant Program. c. Distribute grant funds in two payments. The first payment will be requested by the DIVISION from the Comptroller upon execution of the agreement. The remaining payment will be made by June 30. III. The Grantee and the DIVISION mutually agree that: a. This instrument embodies the whole agreement of the parties. There are no provisions, terms, conditions, or obligations other than those contained herein; and this agreement shall supersede all previous communications, representation, or agreements either verbal or written, between the parties. No amendment shall be effective unless reduced in writing and signed by the parties. b. The agreement is executed and entered into in the State of Florida, and shall be construed, performed, and enforced in all respects in accordance with the laws and rules of the State of Florida. Each party shall perform its obligations hereunder in accordance with the terms and conditions of this agreement. c. If any term or provision of the agreement is found to be illegal and unenforceable, the remainder of the agreement shall remain in full force and effect and such term or provision shall be deemed stricken. d. No delay or omission to exercise any right, power, or remedy accruing to either party upon breach or default by either party under this Agreement shall impair any such dght, power, or remedy of either party; nor shall such delay or omission be construed as a waiver of any such breach or default, or any similar breach or default. e. The DIVISION shall unilaterally cancel this agreement if the Grantee refuses to allow public access to all documents or other materials subject to the provisions of Chapter 119, Florida Statutes. f. Unless authorized by law and agreed to in wdting by the DIVISION, the DIVISION shall not be liable to pay attorney fees, interest, or cost of collection. g. The DIVISION shall not assume any liability for the acts, omissions to act or negligence of the Grantee, its agents, servants or employees; nor shall the Grantee exclude liability for its own acts, omissions to act or negligence to the DIVISION. In addition, the Grantee hereby agrees to be responsible for any injury or property damage resulting from any activities conducted by the Grantee. h. The Grantee, other than a Grantee which is the State or agency or subdivision of the State, agrees to indemnify and hold the DIVISION harmless from and against any and all claims or demands for damages of any nature, including but not limited to personal injury, death, or damage to property, adsing out of any activities performed under this agreement and shall investigate all claims at its own expense. i. Neither the State nor any agency or subdivision of the State waives any defense of sovereign immunity, or increases the limits of its liability, upon entering into a contractual relationship. j. The Grantee, its officers, agents, and employees, in performance of this agreement, shall act in the capacity of an independent contractor and not as an officer, employee or agent of the DIVISION. Under this agreement, Grantee is not entitled to accrue any benefits of state employment, including retirement benefits and any other rights or privileges connected with employment in the State Career Service. Grantee agrees to take such steps as may be necessary to ensure that each subcontractor of the Grantee will be deemed to be an independent contractor and will not be considered or permitted to be an agent, servant, joint venturer, or partner of the DIVISION. k. The Grantee shall not assign, sublicense, nor otherwise transfer its dghts, duties, or obligations under this agreement without the prior written consent of the DIVISION, ';:h!ch whose consent shall not unreasonably be withheld. The agreement transferee must demonstrate compliance with the requirements of the program. If the DIVISION approves a transfer of the Grantee's obligations, the Grantee remains responsible for all work performed and all expenses incurred in connection with the Agreement. In the event the Legislature transfers the dghts, duties, or obligations of the Department to another governmental entity pursuant to section 20.60, Florida Statutes, or otherwise, the dghts, duties, and obligations under this agreement shall also be transferred to the successor government entity as if it were an odgir~al party to the agreement. I. This agreement shall bind the successors, assigns and legal representatives of the Grantee and of any legal entity that succeeds to the obligation of the DIVISION. m. This agreement shall be terminated by the DIVISION because of failure of the Grantee to fulfill its obligations under the agreement in a timely and satisfactory manner unless the Grantee demonstrates good cause as to why it cannot fulfill its obligations. Satisfaction of obligations by Grantee shall be determined by the DIVISION, based on the terms and conditions imposed on the Grantee in paragraphs I and III of this agreement and guidelines for the State Aid to Libraries Grant Program. The DIVISION shall provide Grantee a written notice of default letter. Grantee shall have 15 calendar days to cure the default. If the default is not cured by Grantee within the stated period, the DIVISION shall terminate this agreement, unless the Grantee demonstrates good cause as to why it cannot cure the default within the prescribed time period. For purposes of this agreement, "good cause" is defined as circumstances beyond the Grantee's control. Notice shall be sufficient if it is delivered to the party personally or mailed to its specified address. In the event of termination of this agreement, the Grantee will be compensated for any work satisfactorily completed pdor to notification of termination. n. Unless there is a change of address, any notice required by this agreement shall be delivered to the Division of Library and Information Services, 500 South Bronough Street, Tallahassee, Flodda 32399-0250, for the State and, for the Grantee, to its single library administrative unit. In the event of a change of address, it is the obligation of the moving party to notify the other party in wdting of the change of address. IV. The term of this agreement will commence on the date of execution of the grant agreement. THE APPLICANT/GRANTEE THE DIVISION Chair of Governing Body or Florida Department of State Chief Executive Officer Division of Library and Information Services DAV-/:D ~2. F-.ARD]~'~r ~:±']."Z t4AblAL.:~*~,. ,Typed Name Typed Name Date Date Cl~lL~,or C~ief Fina-~'~eial Officer ~ Witness Typed Name and Title of Official D]~,~-~OR Date Date Page 4 of 4 Plan of Service FY 2004-2005 Hours/Holidays The Delray Beach Public Library is open for service following one of two schedules: I. Summer, or 2. Winter. During the winter season (September through May) the library will be open seven days a week (61 hours): Monday through Wednesday, 9:00 A.M. until 8:00 P.M.; Thursday through Saturday, 9:00 A.M. until 5:00 P.M.; and Sunday 1:00 P.M. until 5:00 P.M, During the summer schedule, (June through Augus0 the librmy will be open 6 days a week (57 hours): Monday through Wednesday, 9:00 A.M. until 8:00 P.M. Thursday through Saturday 9:00 A.M. until 5:00 P.M. Thc Delray Beach Public Library is closed in observance of the following holidays: New Year's Day, Martin Luther King, Jr. Day, President's Day, Memorial Day, Independence Day, Labor Day, Veteran's Day, Thanksgiving Day, Christmas Eve, Christmas Day and New Years Eve. Adult Service Circulation Four full time Library Assistants, one full time Circulation Supervisor, and three part-time Library Assistants staff the Delray Beach Public Library circulation desk. The circulation desk is staffed with a minimum of two Library Assistants during all open hours. The circulation desk staff perfurms the following services for patrons: 1. Material check out and check in 2. 'Assessment and collection of fines 3. Issue new cards and library memberships 4. Maintenance of shelves 5. Maintenance of new book requests and book reserves 6. Maintenance of paperback swap collection 7. Maintenance of the ongoing book sale 8. Title selection of fiction and best-sellers 9. De-selection of appropriate areas of the collection 10. "Summer projects," which the staff undertakes involving collection maintenance · With regard to items 5 and 8, (above) the staff at the circulation desk plays an important role in title selection of best sellers and ofien requested books due to their daily interaction with patrons. Bearing this in mind, our reserves are augmented at stuff suggestion by McNaughton Books, which allows us to rent large numbers of best sellers at an affordable rate for a brief duration, thereby avoiding the expense of permanent purchase. Using McNaughton Books in concert with phone notification of reserve titles, patrons usually wait for a book no longer than two weeks. Reference Two full time and one part-time Librarian staff the reference desk. The reference desk is staffed with a professional (MLS) librarian during all open hours. The reference staffperforms the following services for patrons: I. Amwering reference questions 2. Patron training and brief tutorials on all research software 3. Patron training and assistance in library on-line catalog 4. Internet searching and retrieval in response to patron needs 5. Maintenance of reference shelves 6. Intarlibrary loan service 7. Selection of reference and non-fiction titles 8. De-selection of appropriate areas of the collection 9. Patron training and assistance on the Internet Children/Youth Services Two full time Library Assistants and a Librarian staff thc Children's Library. Thc department is open all hours the library is open. The staffin the children/youth services department perform the following services for patrons: 1. Charging and discharging materials 2. Answering reference questions 3. Patron training and brief tutorials on workstation use 4. Materials selection for children and young adults 5. De-selection of Children's Library collection 6. ProgramVmng and community outreach (this in concert with our Community Outreach Coordinator, whose services will be discussed in the next section). Community Outreach/Programming The Director of Community Relations enhances our presence and standing in the community through increased media and public event exposure. The Director of Community Relations is responsible for the coordination of all press releases, community outreach, adult progranmUng, and volunteer coordination. 2 DELRAY BEACH PUBLIC LIBRARY STRATEGIC PLAN 2002-2005 EXCELLENCE ON PURPOSE BOARD OF LIBRARY DIRECTORS Daniel M. Murtaugh President John K. Burke Vice President Carol MacMillan-Stanley Treasurer Rebecca Walsh Secretary Jane Bassa-Tolliver Brian G. Cheslack Robert G. Currie Kenneth Esrig Steven Leveen Jacinta M. Mathis Alexander A. Simon Jr. Chris D. Wheeler John J. Callahan, III Executive Vice President/Library Director STAFF PLANNING COMMITTEE John J. Callahan, III Library Director Mykal Banta Assistant Director for Public Services Bonnie Stelzer Community Relations Director Karen Evanson Business Manager Linda Otis Technical Services Librarian Lynda Hunter Youth Services Librarian Kathleen Hensman Reference Librarian Brian Coleman Circulation Supervisor TABLE OF CONTENTS I. DIRECTOR'S STATEMENT .................................................... 5 II. INTRODUCTION .................................................................. 6 III. VISION STATEMENT ............................................................ 7 IV. MISSION STATEMENT ............................................. : ............ 8 V. HISTORY OF THE DELRAY BEACH LIBRARY SYSTEM ............ 9 VI. ANALYSIS OF LIBRARY ROLES ............................................. 11 VII. ACTION PLANS .................................................................... 23 A. CORE SERVICES PLAN ................................................... 24 B. FACILITIES PLAN ............................................................ 27 C. FINANCIAL PLAN ............................................................. 29 D. PROGRAMMING PLAN ..................................................... 30 E. TECHNOLOGY PLAN ....................................................... 31 F. STAFFING PLAN ............................................................. 33 G. TRAINING PLAN ............................................................ 34 H. MARKETING PLAN ......................................................... 38 4 I. DIRECTOR'S STATEMENT The Delray Beach Public Library has been serving the City since 1913, over 87 years. The current library building opened in 1950 and has been expanded or renovated five different times. In the past fifty years, the City of Delray Beach has undergone remarkable economic and social change as well as an almost tenfold increase in its population. Through the years, the Library has responded to the population growth by expanding its facilities and services to meet the new demands of its customers. With the current Library having outgrown its ability to serve our customers, a new larger modern library will be critical to meeting the needs of our residents in this new century. Site selection and architectural planning for the new Library is well underway. This strategic plan will serve as a blueprint for what needs to be accomplished over the next three years prior to the opening of the new Library. I am grateful to the City Commission and City Manager for their financial support, to the Library Board of Directors for their support and advice, to the Library Staff who are out front delivering library service to our customers everyday, and to the Residents of Delray Beach who have repeatedly stepped forward with the funds needed to expand the Library through the past fifty years. John J. Callahan, III II. DELRAY BEACH PUBLIC LIBRARY INTRODUCTION Excellence is no accident. It must be pursued daily, with vigo~ and with vision. As competition for the public's attention and support becomes increasingly fieme, today's library must never lose sight of its multiple responsibilities to those it serves who believe that excellence is not only desirable, it is mandatory. Today, the Delray Beach Public Library cannot afford to be complacent, relying on past accomplishments to sustain future viability. It must blend tradition with expectation, expertise, and imagination. We must cherish and preserve those resources and services that have made the Library a cornerstone of the Delray community, but balance them with the resources and services demanded by new constituencies with new preferences. We are in a dynamic environment where the principle "listen to the entire community" assumes paramount importance. A successful library reflects the diversity and character of its community. At the core of the Delray Beach Public Library Strategic Plan 2002-2005 is a commitment to quality library service that acknowledges the wants, needs and unique qualities of the people of Delray Beach. III. DELRAY BEACH PUBLIC LIBRARY VISION STATEMENT Our vision is to become the best public library in Florida. We envision a future where ...... · People think of the Library as their best source of information. · Librarians are seen as providing links between people and information. · The Library is the information, cultural and educational heart of the City. 7 IV. DELRAY BEACH PUBLIC LIBRARY MISSION STATEMENT Our mission is to enrich the lives of the individuals of Delray Beach's diverse communities by creating and sustaining superior public library services through responsive staff, dynamic collections, appropriate technology and access to global information. V. HISTORY of DELRAY BEACH PUBLIC LIBRARY In 1913, forty women from the Ladies Improvement SoCiety brought forty books, covered them neatly and founded a Library. This was the beginning of the Delray Beach Public Library. The Delray Beach Library Association was founded in 1939, but was still housed in the Woman's Club on Atlantic Avenue. The women decided that Delray Beach should have its own library building and in 1939 a campaign for memberships and contributions began and a Site Committee was appointed. Lord and Lady Astor who were impressed by the effort kicked off the campaign with a donation of $500. The City Council then decided to reserve several lots owned by the City of Delray for this new Library building and in 1948 Southeast Fourth Avenue was chosen as the best site for the new Delray Beach Library. In 1949, determined to raise funds to begin construction on the new Library, a fund drive took place and $14,000 was raised. In 1950 the Library moved to its present location on SE Fourth Avenue with several unfinished sections. The Delray Beach News Journal said at the time, "Culminating in almost ten years of planning and one year of actual construction, the Delray Beach Public Library opens its doors for the first time in its own building." The late Jack L. Saunders was quoted as saying, "Every town needs good schools, churches and a library. Delray Beach has the churches, the new school is almost completed and now we have the beginning of a library." During this period the Library remained open for 40 hours per week. In 1952 the first branch library for Black residents opened in a room of the Mt. Olive Baptist Church Education Center. Later, the library was moved to the Carter High School. In 1967 the Delray Beach Lions Club donated the first New York Times large- print weekly newspaper and the Reader's Digest large-type editions. They committed to continue to fund projects that enabled the library to serve the visually handicapped. To this day, our Library continues to have an outstanding collection of large-print materials and a magnification reader that is available in the Reference Room. In 1968, a new bNo-story addition adding 7,500 square feet to the Library is dedicated. In 1975 another new addition, the "Garden Room" added more space for special collections. Construction of the 3,100 square foot Auditorium was completed in 1985 and the Library began to offer several programs for adults and children. Today the Library offers hundreds of programs for people of all ages each year in this Auditorium. A major accomplishment in the Library's development occurred in 1986 when the Delray Beach Public Library was computerized. Videos and books-on-tape were added to the collection in 1987. In an effort to offer_the best possible library service to all the citizens of Delray Beach a new Children's room, Boardroom and quiet study area were completed in 1988. In order to keep up with the latest technology, the Library introduced CD-ROM, FAX and a compact disc collection in 1990. The Delray Beach Public Library began to offer instruction in the use of its "new" computerized card catalogue in 1993, as well as installing a new Book Security System to prevent book theft. In 1994, all of the Library's lighting was upgraded and a Donor Board was installed in the Main Reading Room to acknowledge major corporate and private donors. The Library's Volunteer Program began in October with just 8 volunteers. Today the Volunteer Program includes 44 Library volunteers providing assistance throughout all Library departments. In a continued effort to offer the best Library service possible, Sunday hours began in 1994. In 1998 ADA lifts and shelving were installed in the South mezzanine area of the Library and the Internet arrived. Not only did the Library have its own home page at www.delraylibrary.or.q, but also for the first time, patrons had access to the Internet through an Enhanced Connectivity Grant, awarded by the State Library. This grant gave the Library 12 computer terminals with Internet access, including four stations in the Children's Department. In April of 1999, John J. Callahan, III became the new Library Director and the Library Board of Directors once again confirmed its commitment to design a new Library in order to offer the best collection and services to the "All American City" of Delray Beach. The Board then embarked on a site selection process, which included a design charrette, attended by over 175 residents of Delray Beach in June of 1999. The site selected as a result of this process was on West Atlantic Avenue just west of Swinton Avenue. The architectural firm of Perkins and Will was then hired to begin the design process. In the year 2000, the Library celebrated fifty years on Fourth Avenue and 87 years serving the Delray Beach community. As we approach the year 2005, the construction of a new 47,000 sq. ft. library is well underway with completion and opening anticipated in the fall of 2005. tO VI. DELRAY BEACH PUBLIC LIBRARY ANALYSIS OF LIBRARY ROLES This section analyzes typical ways that libraries serve the public in response to community needs and in support of the library mission. After studying past survey and focus group results, along with informal customer feedback, the staff carefully reviewed each role to determine which roles fit the needs of this community, to see which roles the public and staff view as most important and to determine what resources are necessary to carry out the role and to decide which roles will be emphasized by the Delray Beach Public Library. The roles selected are: 1. Recreational Reading Materials- High Priority. 2. Reference Services- High Priority. (Includes: General information/lifelong learning, business and career information, consumer information, government information, local history and genealogy, and cultural resources.) 3. Provide materials to support curriculum-based learning - High Priority. 4. Community Meeting Place- High Priority 5. Assistance in finding, evaluating, and using information effectively 6. Promote awareness of and provide access to new computer technology. 7. Basic literacy. 8. Cultural awareness. ]! ROLE 1 RECREATIONAL READING MATERIALS What is this Role? Having a current collection of materials on subjects of popular interest has long been considered a major role of the public library. In recent years books, videos, audio books, and other media have been in high demand. Reader's advisory service or assisting the public in finding recreational reading materials appropriate to their age, reading abilities, and reading interests is also an integral part of this service. Book related programs and programs on topics of current interest further enrich this service. Strategic Plan for this Role - Priority: High Comments from customer's surveys and focus groups indicate that providing more up-to-date material is most important to our customers. The ability to provide best-selling fiction in sufficient quantity to meet the demand has always been a challenge for public libraries but it has been especially challenging to underfunded libraries. Providing enough videos and audio books further stretches available resources. Due to limited resources and high demand for these items, it is inevitable that there will be a waiting list for these very popular items. Diverting more money to "high demand" materials would leave other parts of the collection severely lacking while pleasing one segment of our customers at the expense of others. The Library needs to maintain a balanced approach to collection development. Over the Next Three Years the Library will: 1. Continue its efforts to improve and streamline the reserve/hold process in order to get maximum use of the best sellers that are purchased. .~. 2. Continue to offer popular fiction and resources on current topics in a variety of formats for all ages. 3. Strive to maintain a balance between its collection of recreational materials, its resources on current topics and its reference and instructional holdings. 4. The Library will provide and maintain an extensive collection of circulating materials on a wide variety of topics of interest to the general public. 5. Train staff on the use of traditional and electronic reader's advisory tools so they can help the public find recreational reading other than those items on best seller lists. 6. Provide lists of best sellers, new items and recommended reading. Publicize best sellers alternatives. 7. Continue to provide book-related programming and programs on current topics. The above concepts are included in the following plans: Core Services Programming Marketing Technology ROLE 2 REFERENCE SERVICES What is this Role? The following role or service responses are grouped together under the category Reference Services. The nature of Reference Services has been dramatically altered by technology over the past decade. Access to electronic resources and the Internet has significantly extended the information available to even small libraries. It has also revealed a need for librarians to be trained so that they can effectively use and instruct the public on using these new access methods and formats. General Information/Lifelong Learning · Assist the community in locating answers to specific questions. · Find sources of information on a wide variety of topics needed for school, work or personal enlightenment. · Provide walk-in or telephone assistance. · Maintain collections of reference materials to ensure that information on all topics is readily available. · Assist the public in evaluating and using a variety of information resources, including resources that are on the Web. Business and Career Information · Provide resources and programs dealing with information for small businesses, entrepreneurs, and for those seeking career information. · Provide current books and other materials dealing with investing, starting and opening businesses, and studying for civil service and other career exams. · Provide computers containing word processing software to enable customers to write resumes, draft reports, etc. Consumer Information · Provide individuals with the information they need to make knowledgeable decisions regarding the price, quality, reliability, and longevity of goods and services. · Provide resources and programs on topics such as health, nutrition, and childcare. Government Information · Provide local, state, and federal government documents. · Assist the public in finding information about elected officials Local History and Genealogy · Provide reference materials and services in languages that reflect the social, intellectual and artistic characteristics of the community. · Maintain specialized collections which provide cultural information. Strategic Plan for this Role - Priority: High Over the next three years, the Delray Beach Public Library should maintain Reference Services as a major role. The Library recognizes that training of staff and the public on electronic resources is critical and should be ongoing. The Library will: 1. Widely publicize telephone reference and electronic resoumes. 2. Conduct staff training that enhances their knowledge of electronic resources and improves their skills at instructing others to use those resources. 3. Provide formalized public training on navigation of the Library's catalog, effective use of electronic databases, and on basic Internet literacy, including evaluating the validity of Web information. The above concepts are included in the following plans: Core Competencies Training Marketing ROLE 3 PROVIDE MATERIALS TO SUPPORT CURRICULUM BASED LEARNING What is this Role? Providing learning support means assisting students enrolled in specific educational programs or through a program of home schooling, by acquiring collections that include materials to support the curriculum. The Delray Beach Public Library has put more emphasis in assisting grades K- 12 and has left it to the college and university libraries to meet the needs of their students. The Library's emphasis has been on providing supplemental materials, not textbooks. Strategic Plan for this Role - Priority: High The Delray Beach Public Library will continue to put high emphasis on supporting the needs of students. The Library recognizes an inability to support learning at all levels. Our emphasis will remain through high school. Most library activities are conducted to encourage and promote a love of books, to build a habit of lifelong reading and learning and to assist with homework assignments. Library staff are not trained in the skills needed to teach reading. The teaching of reading has traditionally been the responsibility of the school system and should continue to be so. The Library will: 1. Continue to provide and develop programs in support of learning. 2. Continue to offer a wide range of print and electronic resources to assist students with homework. 3. Pursue opportunities to partner with local schools. The above concepts are included in the following plans: Core Services Marketing ROLE 4 COMMUNITY MEETING PLACE What is this Role? Libraries traditionally provide space where community members meet and interact. This can take the form of craft and story programs for children, town meetings, public hearings, classes, and cultural presentations. The Library's community room has been made available to non-profit groups at no charge. Programs for children are geared, not only to the socialization of children, but also to the needs of the parent to interact with other parents. Toddler programs in particular encourage a wide range of interaction among the child, the parent and the librarian. The use of the Library for e-mail has burgeoned in recent years, especially for those unable to afford a computer at home and tourists. Libraries often are social gathering places for students, substituting for malls and movies. Literacy tutoring, language instruction, assistance with tax preparation, and other programs of interest to the community add to the use of libraries as community centers. Customers often mention a strong desire for traditional library decorum i.e. a quiet atmosphere for reflection, concentration and study. The need for quiet space needs to be balanced with the Library's role as a place of activity and excitement. Separate areas, where feasible, should be established to accommodate both needs. Strategic Plan for this Role- Priority: High The Library often functions as a community meeting place without any effort on the part of staff. It is a byproduct of students doing homework or people attending programs. The Library witl: 1~ Continue to offer programs on a wide variety of topics to the community. 2. The new Library to be designed will inctude spaces for community forums and programs, small conferences or group study rooms, and quiet reading areas. The above concepts are included in the following plans: Marketing Facilities ]7 ROLE 5 ASSISTANCE IN FINDING, EVALUATING AND USING INFORMATION EFFECTIVELY What is this Role? Libraries and library staff have always played an important role in facilitating the user's search for information and materials. The multi- faceted nature of library services and materials results in a need for that facilitation. Complex reference tools in print format require skills that most one-time users do not possess. Electronic reference tools require knowledge of effective search strategies to be useful. Bodies of literature, such as that written for children or young adults, are more successfully navigated when knowledge of that literature is possessed. The library often fills the role of information broker or middleman between the information provided and the information user. The Library attempts to recognize and collect works that are considered "standards" in their fields, while weeding out materials that carry outdated information. The development of library collections provides a stark contrast to the ungoverned Internet, where the wealth of informational materials are neither selected nor collected but are of a timeliness and currency unmatched by print sources. The library provides a variety of options, often steering users in the best direction to fulfill their needs. Customers expect staff to be available, knowledgeable, and capable of helping them under all conditions. Strategic Plan for this Role - Priority: High/Medium The ability to help users navigate the resources, or educate customers to use materials self-sufficiently, requires a staff that is approachable, helpful and knowledgeable. The Library will: 1. Emphasize training of staff in the use of electronic and print media, resulting in a staff that is capable of guiding the information seeker to the most productive path possible. 2. Seek and develop means to educate information seekers regarding the ungoverned nature of the Internet, and the need for vigilance and critical thinking to evaluate the sources found there. 3. Develop core competency training, improve customer service skills, and refine staff's ability to analyze patron's information needs. The above concepts are included in the following plans: Core Services Training ROLE 6 PROMOTE AWARENESS OF AND PROVIDE ACCESS TO NEW COMPUTER TECHNOLOGY The Delray Beach Public Library currently provides access to on-line information through our network. The on-line catalog, Internet, and a variety of electronic reference databases are available within the Library and by April 2001 will be accessible through the Library's homepage. Word processing, spreadsheets and other software are also available. Library staff and volunteers, increasingly and routinely, provide instruction and assistance with these computerized services and software. The Library has experimented with providing group training on the use of the various resources but due to the limitations of the Library's physical layout, the experiment was unsuccessful and has been discontinued. Customers needing extensive training have been referred to the T.E.D. Center and to local businesses. In assisting customers, library staff must determine the level of instruction to which individual users are receptive, and must judge whether to attempt to further develop the customer's electronic skiII or to simply find and retrieve the most pertinent information on their behalf. Strategic Plan for this Role - Priority: Medium While the Library cannot replace computer education in a formal setting, we must strive to introduce and promote basic computer literacy in today's society. Every resident, regardless of age, economic status, or philosophical persuasion, deserves to have access to the electronic environment that will shape tomorrow's world. The Library will continue to serve the community by providing a gateway to these resources and by empowering people to know and use emerging technology. The Library will: 1. Continually evaluate and redesign the Library's website to make it easier for customers to access the Library's resources. 2. Maintain an ongoing technology training program for staff. Teach staff the theory and skills involved in teaching others. 3. Use a variety of methods and settings to teach users to navigate the Library's network and its resources. Design the new building to include facilities that will facilitate training of staff and public. 4. Promote awareness that not all information found on the World Wide Web is authoritative. 5. Educate users regarding legal issues, such as copyright law, expectation of privacy, and intellectual freedom. t9 The above concepts are included in the following plans: Facilities Technology Training ROLE 7 BASIC LITERACY What is this Role? Literacy is defined as the ability to read and write. The entire concept of "libraries" is based upon this knowledge. The Delray Beach Public Library believes the gift of reading and writing is extremely important, and therefore should be encouraged and pursued at every opportunity. Literacy skills are enhanced with the availability of reading materials appropriate for beginning readers, whether they are children or adult new learners. The library has always maintained on open-door policy of providing space for literacy tutors to meet and interact with students in a quiet and serene environment. Strategic Plan for this Role - Priority: Medium The Library maintains a successful relationship with the Palm Beach County Literacy Coalition and refers adults in need of literacy tutoring to the coalition. Adult learners have many reading difficulties and disabilities which can be best addressed by a reading specialist and not a librarian. The Library will focus on providing the necessary tools to reinforce literacy efforts. The Library will: 1. Continue providing information and referring people to existing community literacy programs. 2. Continue to provide high quality children's programming, which introduces books and reinforces the importance of reading. 3. Continue to provide collections of high interest/Iow vocabulary materials. 4. Continue to provide space for tutors and students to meet. 5. Investigate computer software to improve reading and writing skills. 6. Develop and implement book discussion groups for adults, teens and children. 7. Develop tools to assist parents with selecting materials for young readers. 8. Continue the Summer Book Caravan to introduce the Library to the community's young people and to encourage reading. The above concepts are included in the following plans: Core Services Programming Technology Marketing ROLE 8 CULTURAL AWARENESS What is this Role? Cultural awareness is the understanding of one's own cultural (social, artistic, intellectual, and spiritual) heritage and the cultural heritage of others. The Delray Beach Public Library reflects the culture of its community with library materials, services and programs. Programming is regularly scheduled that reflects the cultural diversity of the community. With free service, access to wide-ranging resources and services, the Library has a unique posit[on as a cultural bridge for the community. Strategic Plan for this Role - Priority: Medium The Delray Beach Public Library with its free informational services, collections, services and programs, is a unique cultural institution for the community. The Library will: 1. Continue to collect materials in various languages for all ages that reflect the social, intellectual and cultural characteristics of the community. 2. Maintain, recruit and develop staff Who are fluent in languages that are reflective of the community. 3. Continue to provide programs that support participation and inclusion from all cultural elements. 4. Increase the amount of the materials budget for languages reflective of the community. 5. Continue to disseminate information for non-profit cultural agencies in the community. The above concepts are included in the following plans: Core Services Marketing Programming ACTION PLANS The action plans that follow outline the direction for the Library for the next three years. They were developed after careful study of Delray Beach demographics, focus groups, surve,) results, and analysis of Library roles. These plans will be reviewed and revised, as necessary, on an annual basis. Plan A: Core Services' Plan Plan B: Facilities Plan Plan C: Financial Plan Plan D: Programming Plan Plan E: Technology Plan Plan F: Staffing Plan Plan G: Training Plan Plan H: Marketing Plan PLAN A - CORE SERVICES PLAN The Delray Beach Public Library's Core Services include: · Circulation · Reference · Children's Services · Community Enrichment Circulation: As part of the Library's mission, the Library is charged with providing the public with free access to a dynamic collection of library materials in a variety of formats. By providing an ever-changing collection, the Library provides the public the means for developing and enhancing their lives through lifelong learning. The Library will provide and maintain an extensive collection of circulating materials on a wide variety of topics in which the general pubic has a sustained interest. Collections will be easily accessible and organized to encourage public browsing by subject area. The Library may build substantial retrospective collections on some topics and may provide collections in considerable depth in subject areas of local interest. Reference: The goal of reference services is to help people of all ages find information that meets their diverse personal, educational, and professional needs. Reference Services, offered by the Library, provides prompt and accurate information in person, on the telephone, or electronically via e-mail. Children's Services: The goal of Children's Services is to encourage children, to develop a love of reading, learning and libraries, story times, puppet shows, the Summer Reading Program and other special events provide a comfortable setting where children's confidence, reading skills and sense of community are developed. Community Enrichment: This service promotes community enrichment, economic vitality and individual achievement by providing: access and training on the Internet and electronic databases, access to electronic information from home or 24 office, services for targeted groups such as the business community, and quality adult programs on literature and informational topics. Objective One: Develop the materials collections to ensure diverse coverage of informational, recreational and educational materials in a variety of formats. Task '1.1 - Through the budgeting process, gradually increase the Funds expended on library materials from the current $4.25 per Capita to $7.50 per capita. Task 1.2 - Review and update the Collection Development Policy. Task 1.3 - Select and acquire 12,000 items per year for 2002-2005 bringing total holdings to 130,000 items by 2005. Obiective Two: Standardize the quality of Reference Services and Reader's Advisory Service. Task 2.1 - Develop core competency benchmarks for staff at all levels by June 2004. Task 2.2 - Provide training for staff on Reference and Reader's Advisory core competencies by December 2002. Task 2.3 - Use core competencies benchmarks to evaluate employees performance by September 2004 and ongoing. Task 2.4 - Emphasize Reader's Advisory Services to educate users about the broad range of materials available to them. · Identify electronic Reader's Advisory resources and train staff on their use by July 2004. Task 2.$ - Increase the use of the Library by children and young adults. · Continue focus on youth programming to emphasize books and reading and include more family programming. · Establish an electronic book club (website) for children to review books and suggest titles by December 2003 and ongoing. · Maintain and continue to recruit members for a Teen Advisory Council to involve teens in the Library. · Implement an interactive website such as "Ask the Librarian" by August 2004. · Enhance outreach services to children and day care staff regarding the use of the Library, reading readiness sources, and the importance of sharing books with children. · Encourage children to read during the summer. · Continue the First Look/First Book Program. Obiective Three: Increase hours of operation. Task 321 - Research staffing needs and costs to open Monday - Thursday 9:00 a.m. - 9:00 p.m., Friday - Saturday 9:00 a.m. - 5:00 P.m. and Sundays 1:00 p.m. - 5:00 p.m. year round. Obiective Four: Promote community enrichment, economic vitality and individual achievement through reading and lifelong learning. Task 4.1 - Provide access to electronic resources by remote users by June 2002. Task 4.2 - Expand information services to the business community. · Provide information on Library Business Services to the business community through targeted library programs, tours or classes. Task 4.3 - Increase adult program attendance by 5% annually. Task 4.4 - Maintain and enhance Business Information Services to the community. 26 PLAN B FACILITIES PLAN Obiective One: To ensure that the building and grounds are clean, safe, and inviting for all patrons and staff. Task 1.1 - Maintain performance of janitorial subcontractor. Task 1.2 - Investigate options for landscape maintenance, tree trimming etc. Task '1.3 - Monitor conditions of the buildings mechanical and electrical systems. Obiective Two: Provide a new, state of the art library for Delray Beach. Task 2.'1 -Acquire selected site by December 2002. Task 2.2 - Passage of referendum removing deed restriction by March 2001. Task 2.3 - Completion of inter-local agreements with Palm Beach County, for shared use and parking at the West Atlantic Avenue site by December 2002. Task 2.4 - Completion of agreement with CRA for acquisition of the West Atlantic Avenue site and divestiture of current library property by December 2002. Task 2.5 - Completion of programming phase of building plans by May 2001. Task 2.6 - Establishment of fundraising subcommittee by October 2003. Task 2.7 - Completion of schematic design by September 2001. Task 2.8 - Public launch of fund drive by Novemebr2003. Task 2.9 - Completion of construction drawings - February 2004 Task 2.'10 - Groundbreaking -June 2004 27 Task 2.11 - Selection of vendor for opening day collection - December 2004 Task 2,12 - Substantial completion of building - August 2005. Task 2,13- Selection and ordering of furniture, shelving etc. - January 2005 Task 2.14 - Receipt and set-up of furniture -August/September 2005. Task 2.15 - Receipt of book collections - September 2005. Task 2.16 - Formulation of Grand Opening Gala Committee - January 2005 Task 2.17 - Grand Opening Celebration - October 2005. 28 PLAN C FINANCIAL PLAN Goal One: To garner sufficient financial support to be able to accomplish the Library's mission and achieve its vision, Obiective One: Increase the level of support provided by the City of Delray Beach to $25 per capita. Task 1.1 - Provide regular reports to the City Manager and Commissioners on the Library's accomplishments and impact on the community. Task 1.2 - Lobby City Commissions for an increase in the Library grant. Task 1.3 - Lobby local state legislators for an increase in state aid to public libraries. Obiective Two: Raise sufficient funds to construct and furnish the new library and establish a permanent endowment to assist in funding ongoing operations. Task 2.1 - Recruit a capital campaign committee. Task 2.2 - Investigate re-establishment of the Library Foundation. Task 2.3 - Continue presenting the Library's plan to community groups. Obiective Three: Improve fund solicitations to maximize results. Task 3.1 - Develop database of most likely donors. Task 3.2 - Solicit and develop corporate sponsors and members. Task 3.3 - Increase Library Association membership. PLAN D PROGRAMMING PLAN Goal One: To provide informational, educational, and culturally enriching programs and exhibitions which are reflective of our diverse community. Obiective One: To provide cost effective, theme-based programs and exhibitions which may also enhance patrons interest in Library collections and services. Task 1.1 - The Community Relations Director will identify annually, by September, themes for annual programming and exhibitions. Task 1.2 - The Library Director and Community Relations Director will establish an annual programming budget by August of each year. Task 1.3 - Programs will showcase local artists, actors, musicians, cultural organizations, and exhibitions to complement the current programming theme. Task 1.4 - The Library will continue the four book discussion groups held in the Library and investigate expansion of the program. The Programming Plan will be reviewed and revised annually by September. 30 PLAN E TECHNOLOGY PLAN Goal One: To update the Library computer network to provide faster, more efficient access to electronic resources for Library customers. Obiective One: The Library will replace its current library automation software, Athena, with a more robust, fully functional system that will provide a full range of services to customers both on-site and remotely via the Internet. Task 1.1 - Complete technology plan for th enew library by December 2003. Obiective Two: The Library will review and incorporate appropriate technologies to allow upgrading and enhancing hardware, software and telecommunications capability as needed. Task 2.1 - Establish a computer workstation replacement plan. Task 2.2 - Phase out obsolete workstations according to the replacement plan. Task 2.3 - Investigate the use of self-checkout and self-check in Technologies and select vendor for inclusion in the new Library by November 2004. Obiective Three: Increase network bandwidth, augment the speed and enhance Internet access. Task 3.1 - Investigate implementation of wireless technology in the new library .. Obiective Four: Identify sources to supplement the automation budget. Task 4.1 - Continue to apply for e-rate funds as they become available on an annual basis. Task 4.2 - Seek additional funding sources such as grants on an ongoing basis. 3! PLAN F STAFFING PLAN Goal One: To maintain adequate levels of public service, support and administrative staff to carry out the Library's goals, objectives and tasks. Obiective One: Identify staffing requirements for the new building. Task '1.1 - Determine hours of operation for new library. Task 1.2 - Determine minimum number of staff required to operate new facility based on number of service points and hours of operation. Task 1.3 - Meet with City Manager to discuss phase-in of additional staff through annual budget process. Objective Two: Retain existing staff and enhance recruitment for new employees. Task 2.1 - Conduct annual salary and benefit survey of competitors in our job market and the City of Delray Beach by July each year. Task 2.2 - Enhance reputation of the Library by publicizing library news and events in library literature. Task 2.3 - Establish a tuition reimbursement plan for staff to improve staff qualifications and to allow upward mobility. PLAN G TRAINING PLAN Goal One: To train staff in the use of the varied range of informational, educational and recreational resoumes available through the Library and to assist staff in their professional responsibilities. Obiective One: To design, develop and implement an ongoing schedule of staff training covering three major areas; computer training, customer service training, and core competencies (see attachment A). Task 1.1 - By September 2003, develop a plan that will include a cost analysis and the following elements: · Investigating existing training models and exploring various training options i.e. on-the-job, in-house, video, online tutorial, outside sources i.e. vendors, SEFLIN, Solinet, LCOPB, etc. · Selecting the most appropriate training method. · Identifying trainers and assigning the training. · Deciding where training will be conducted. · Developing a schedule of training. · Establishing a means of evaluating the training. Task 1.2 - Training will begin by March 2004. Goal Two: To provide training to customers on the use of electronic resources in order to enable them to be self-sufficient in the use of these products. Objective One: To design, develop and implement an ongoing schedule of public training covering two major areas: Computer Training and Library Resources (see attachment B). Task 1.1 - Investigate existing training models and explore various training options i.e. in-house, vendor, video, online tutorial, volunteer, etc. by December 2001. Task 1.2 - Develop a plan for each component that will include: · Cost analysis · Selecting the most appropriate training method. · Identifying trainers and assigning the training. · Using in-house and outside soumes to train the trainers. · Identifying those who need to be trained. · Developing a method of evaluating the trainers' skills. · Deciding where training will be held. 33 · Developing a training schedule. · Establishing a means of evaluating the training. Task 1.3 - Training will begin by May 2002. 34 ATTACHMENT A TRAINING PLAN STAFF TRAINING COMPONENTS Computer Training: 1. Basic computer literacy - using a mouse and windows. 2. Databases 3. SIRSI - beginners, advanced, refresher. 4. Internet and e-mail. 5. PC troubleshooting - for public services staff. 6. Office software. Customer Service Training: 1. Phone etiquette 2. Communication skills 3. Resolving problems and conflicts. 4. Marketing the Library and effective public relations. Core Competencies: 1. Circulation 2. Adult Reference Services 3. Youth Services ATTACHMENT B TRAINING PLAN PUBLIC TRAINING COMPONENTS Computer Trainin.q: 1. Basic PC Training - to include training on the basic use of all in- house computer equipment. 2. Basic Internet Training -to include an introduction to the Internet, search engines, web browsers, and site evaluation. 3. Advanced Internet Training - to include training on subject-specific topics and advanced searching concepts. 4. E-mail - to include training on popular free e-mail services available over the Internet. Library Resources: 1. Online Catalog - to include an overview of what services and indexes are available through the SIRSI/COALA System and how to make use of them. 2. Library Databases - to include basic classes offering an overview of databases available through the Library and advanced classes on specific databases and subject areas. PLAN H MARKETING PLAN Goal One: To increase public awareness and usage of the Library and its resources, programs and services. Obiective One: Establish an ongoing marketing campaign to promote public awareness and usage of the Library, its programs, collections and services. Task 1.1 - Establish a Marketing Committee, by April 2002, chaired by the community Relations Director, whose charge is to develop a marketing plan on an annual basis. · The Marketing Committee will develop a Library logo and slogan by December 2002. · The Marketing Committee will identify annual literacy events to promote via the net page and if appropriate, media, flyers, bookmarks and bibliographies by September 2002, i.e. Library Lover's Month (February), National Library Week (April), Teen Read Week (October), Children's Book Week (November). Task 1.2 - The Marketing Committee will evaluate the Library newsletter and its effectiveness. Task 1.3 - By May 2002 Community Relations will design, point, and distribute the following Library service flyers or brochures: · Basic services - Delray Beach Public Library- At Your Service. · Suggested web sites for targeted audiences i.e. children. · Others identified by staff. Task 1.4 - The Marketing Committee will investigate establishing community and corporate relationships for distribution of Library promotional materials. Obiective Two: Utilize the Library's website for marketing purposes. Task 2.1 - The design of the current Library web page will be reevaluated on an ongoing basis. Obiective Three: Establish development strategies that will maximize the Library's long term fund raising potential. 37 Task 3.1 - Establish a committee of community members and Library supporters that have the ability to contribute resources such as contacts, funding, or in-kind support by July 2002. The committee will: · Work with the Library board and staff to define development tasks and create a plan by November 2002. · Investigate the reestablishment of the Library Foundation. · Develop and host one major fundraising event on an annual basis. · Seek to develop partnerships with the business community to sponsor campaigns and help offset costs though pro bono assistance on an ongoing basis. · Evaluate the current fundraising activities and make recommendations for improvement. · Develop and initiate planned giving opportunities. Task 3.2 - Identify possible grant opportunities. 38 DAVlI~ AR ECl .M~,NAGER THRU: PAUL DORLING, DIRE/GT~DR OF PLANNING AND ZONING FROM: SCO'I-I' D PAPE, SENIOR'S/PLANNER . '-~ SUBJECT: MEETING OF SEPTEMBER 7, 2004 *CONSENT AGENDA* RESOLUTION TO SUPPORTING THE ESTABLISHMENT OF THE PALM BEACH COUNTYWIDE COASTAL COUNCIL. In May 1985, the City of Delray Beach entered into an interlocal agreement between Palm Beach County, 26 municipalities, Jupiter Inlet District, Port of Palm Beach District, South Lake Worth Inlet District, The Greater Boca Raton Beach Tax District, Audubon Society, and the Coral Reef Society International, Inc. that established the Palm Beach Countywide Beaches and Shores Council (Council). The Council was established in recognition of the need for coordinated protection, preservation and/or enhancement of the beaches along the Atlantic Ocean in Palm Beach County. At the time of the creation of the Council, the County was attempting to impose jurisdiction and regulatory authority over the beaches and shores within Palm Beach County. The Council was formed to include the various local jurisdictions in this process. On February 13, 2004, Palm Beach County notified the Palm Beach Countywide Beaches and Shores Council of their intent to withdraw from the Council. As noted above, the original purpose of the Council was predicated on maintaining inclusiveness when the County obtained jurisdiction over the beaches and shores of the County. The County wishes to withdraw from the Council following several court cases regarding jurisdictional issues in Palm Beach County which failed to uphold their authority. At its meeting of March 8, 2004 the Palm Beach Countywide Beaches and Shores Council voted unanimously to disband the current Council and to adopt a new interlocal agreement to form the Coastal Council, which would be limited to a forum for exchange of information and ideas for educational purposes. This new Council would not have the regulatory capacity to review and provide recommendations on development applications as did the former Council. At its meeting of May 18, 2004, the City Commission passed and adopted Resolution 39-04, which notified the Palm Beach Countywide Beaches and Shores Council of its intent to withdraw from the Council. This withdrawal will take effect on November 18, 2004. As noted above, the Coastal Council will be established in its place for the exchange of information and educational purposes. The attached Resolution No. 63-04 designates the City Manager as the City's formal representative. The City Manager will have the flexibility to designate staff as her/his alternate to the Coastal Council. By motion, approve Resolution No. 63-04 supporting the establishment of the Palm Beach Countywide Coastal Council. Attachment: ~, Resolution No. 63-04 > Coastal Council Interlocal Agreement RESOLUTION NO. 63-04 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA SUPPORTING THE ESTABLISHMENT OF THE PALM BEACH COUNTYWIDE COASTAL COUNCIL; PROVIDING THAT THE CITY OF DELRAY BEACH SHALL PARTICIPATE AS AN EQUAL MEMBER OF THE COUNCIL; ADOPTING THE PROVISIONS OF THE INTERLOCAL AGREEMENT BETWEEN THE CITY OF DELRAY BEACH AND ALL OTHER MEMBERS OF THE PALM BEACH COUNTYWIDE COASTAL COUNCIL; DIRECTING THE CITY CLERK TO PROVIDE COPIES OF THIS RESOLUTION TO THE PALM BEACH COUNTY DEPARTMENT OF ENVIRONMENTAL RESOURCES MANAGEMENT. WHEREAS, the Palm Beach Countywide Coastal Council is designed to be an informal forum for the exchange of information and education of its members about the protection and enhancement of the Atlantic coast in Palm Beach County; WHEREAS, the Palm Beach Countywide Coastal Council shall take no regulatory action nor make recommendations to any regulatory bodies; NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA AS FOLLOWS: Section 1. That the City of Delray Beach shall suppor~ the establishment of the Palm Beach Countywide Coastal Council as follows: A. The City of Delray Beach shall execute the attached Interlocal Agreement which establishes the Palm Beach Countywide Coastal Council. B. The terms and conditions of the Interloeal Agreement shall be incorporated herein. C. The City of Delray Beach shall participate as an equal member on the Palm Beach Countywide Coastal Council. D. The City Manager of the City of Delray Beach, or his/her designee, is hereby designated as the representative of the City of Delray Beach to the Palm Beach Countywide Coastal Council. Section 2. That the City Clerk is hereby directed to furnish a copy of this Resolution to the Palm Beach County Department of Environmental Resources Management Section 3. The foregoing recitals are hereby adopted and ratified. PASSED AND ADOPTED this day of ,2004. MAYOR ATI~EST: City Clerk INTERLOCAL AGREEMENT This counterpart Interlocal Agreement is made this day of ,200 , between the Undersigned Member ., and each and every other Signatory Member (Palm Beach County, inlet/special taxing districts, environmental groups, coastal municipalities and the Palm Beach County League of Cities). WITNESSETH WHEREAS, Section 163.01, Florida Statutes, known as the "Florida Interlocal Cooperation Act of 1969" authorizes local governments to make the most efficient use of their powers by enabling them to cooperate with other localities on a basis of mutual advantage and thereby to provide services and facilities that will harmonize geographic, economic, population and other factors influencing the needs and development of local communities; and WHEREAS, Part I of Chapter 163, Florida Statutes, permits public agencies as defined therein to enter into interlocal agreements with each other to jointly exercise any power, privilege, or authority which such agencies share in common and which each might exercise separately; and WHEREAS, the parties desire to establish a Council to be a forum for information exchange and education about beach and shore protection, preservation and/or enhancement. NOW THEREFORE, in consideration of the mutual representations, terms, and covenants hereinafter set forth, the parties hereby agree as follows: Section 1. Recitals The foregoing recitals are true and correct and hereby incorporated by reference. Section 2. Purpose The purpose of this Agreement is to establish and provide for the Palm Beach Countywide Coastal Council (Coastal Council). The Coastal Council is designed to be an informal forum for the exchange of information and education of its members about the protection and enhancement of the Atlantic coast in Palm Beach County. The Coastal Council shall take no regulatory action nor make recommendations to any regulatory bodies. Section 3. Obieetives The objectives of the Coastal Council are as follows: 1. Increase member awareness and knowledge of coastal projects in order to increase trust and cooperation. 2. Discuss new and existing methods of erosion control, storm protection, beach nourishment and preservation, as well as coastal environmental protection. 3. Achieve better working relationships and communication between members. 4. Allow various interest groups to have an equal opportunity to be heard on coastal issues. Section 4. Conneil Membership Membership on the Coastal Council shall be possible for the following entities: 1. Palm Beach County; 2. Each inlet or special taxing district having jurisdiction over land fronting on the Atlantic Ocean in Palm Beach County (currently Jupiter Inlet District, Port of Palm Beach District, and the Greater Boca Raton Beach Tax District); 3. Environmental bodies expressly concerned with the Atlantic Ocean beaches and shores in Palm Beach County (currently Audubon Society and the Marine Life Center of Juno Beach); 4. Each Palm Beach County coastal municipality that owns or controls land fronting on or adjacent to the Atlantic Ocean; and 5. The Palm Beach County League of Cities. An entity becomes a Member upon execution of this Interlocal Agreement. Membership may be extended in the future to a new entity falling into one of the above categories by majority vote of the Coastal Council. Each member of the Coastal Council shall be an equal member and each Member shall be entitled to one (1) representative. Each representative must be properly authorized by a Member. 2 Section 5. Council Meetings The Coastal Council shall meet semi-annually. Additional meetings may be held if proposed by the Moderator and upon consent of the majority of the Members. Palm Beach County shall provide a meeting place and technical staff to the Members. Palm Beach County shall also notify Members of meetings and provide necessary technical equipment for meetings. Section 6. Council Organization A Moderator shall preside over each Coastal Council meeting. The Moderator and Alternate Moderator shall be a volunteer ~'om among the Members to serve for the calendar year. Within thirty (30) days after the meeting, the Moderator shall prepare a brief summary of the meeting and provide the summary to Palm Beach County. The summary shall be distributed electronically by Palm Beach County to all Members. A recording of the meeting shall be created and stored for two (2) years by Palm Beach County for review upon request. Section 7. Council Discussion Presentations and discussions shall be limited to matters pertaining to the Objectives of the Coastal Council as described in Section 3 of this Agreement. Every Member is encouraged to present a brief presentation annually. Member presentations and discussions may include: shore protection projects, sand transfer plants, maintenance dredging projects, preservation and/or enhancement projects, reports, surveys, coastal policies, codes, ordinances, resolutions, funding, monitoring and environmental issues. Section 8. Amendment This Agreement may be amended or modified only by written agreement executed by all the parties hereto. 3 Section 9. Withdrawal Members of the Coastal Council may withdraw from the Coastal Council by written notice to the current Moderator. The written notice must be signed by an individual or group authorized to act on behalf of the Member. Membership in the Coastal Council shall cease upon receipt of the notice. Section 10. Term/Effective Date This Agreement shall take effect upon execution by Palm Beach County. The term of this agreement shall bc for a period often (10) years, with automatic five (5) year extensions unless terminated as provided herein. Section 11. Termination This Agreement shall automatically terminate upon the written agreement of all parties hereto or upon the withdrawal of all but six (6) Members from the Coastal Council. Section 12. Governing Law/Venue This Agreement shall be construed by and governed by the laws of the State of Florida. Any and all legal action necessary to enforce the Agreement will be held in Palm Beach County. Section 13. Counterparts This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. 4 Section 14. Entirety of Agreement This Agreement represents the entire understanding between the parties, and supersedes all other negotiations, representations, or agreement, either written or oral, relating to this Agreement. ATTEST: By: By:. Clerk or Wimess Mayor/Chairperson 5 THRU: PAUL DORLING, DIRECTOR OF PLANNII~ AND ZONING FROM: SCOTT PAPE, SENIOR PLANNER ~.j~-~-- SUBJECT: MEETING OF SEPTEMBER 7, 2004 INITIATION OF A SMALL-SCALE FUTURE LAND USE MAP AMENDMENT AND REZONING ASSOCIATED WITH THE PARCELS INVOLVED WITH THE INTRACOASTAL PARK LAND SWAPS BETWEEN THE FLORIDA INLAND NAVIGATION DISTRICT (FIND)T CITY OF DELRAY BEACHT AND DELRAY HARBOR CLUB LOCATED ON THE EAST SIDE OF FEDERAL HIGHWAY, APPROXIMATELY 700' SOUTH OF SE 10TM STREET. The proposed FLUM and Rezonings are associated with two different portions of properties that include the land conveyed to the Delray Harbor Club and the remainder, which will make-up the Intracoastal Park. With respect to the land conveyed to the Delray Harbor Club, the action requested of the City Commission is initiation of a small-scale Future Land Use Map Amendment from TRN (Transitional) to MD (Medium Density 5-12 du/ac) and rezoning from POD (Planned Office Development) to RM (Medium Density Residential) for land that consist of a portion of Tract "A" of the Corniche Replat 1 and a portion of Lot 11 Block 1 of the Model Land subdivision containing a total of 0.13 acres (see attached sketch). The proposed FLUM and Zoning Map changes are necessary in order to apply the appropriate residential designations to the property. The second portion of land includes those tracts that, through conveyances, will become part of the Intracoastal Park. These tracts consist of portions of the Corniche Replat 1 (including Tract "A") and portions of Lot 11 Block 1 of the Model Land Company subdivision. Combined these tracts of land consist of 0.42 acres. Initiation of a Future Land Use Map amendment is requested for these parcels from TRN, MD, OS-C to OS-C. Initiation of a rezoning is requested for the same parcels from POD, RM, and CD (Conservation District) to OS (Open Space). These actions are necessary to provide for the proposed Intracoastal Park. Initiate a small-scale Future Land Use Map Amendment from TRN (Transitional) to MD (Medium Density 5-12 du/ac) and rezoning from POD (Planned Office Development) to RM (Medium Density Residential) for land with a total acreage of 0.13 acres that have been conveyed to the Delray Harbor Club. Initiation of small scale Future Land Use Map Amendment from (Transitional), MD (Medium Density 5-12 du/ac) and OS-C (Open Space - Conservation) to OS-C (Open Space - Conservation) and rezoning from POD (Planned Office Development), RM (Medium Density Residential) and CD (Conservation District) to OS (Open Space) for land with a total acreage of 0.42 acres to accommodate the Intracoastal Park. Attachment: Location Map [ITY OF DELRI:I¥ BEI:ICH CITY ATTORNEY'S OFFICE 200NW,s, AVENUE''EL'AY'EAC",PLO''DA"4"4 TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755 pE~L .P~Y, B~EA~I'J Wdter's Direct Line: 561/243-7091 ~ DATE: August 24, 2004 TO: City Commission David Harden, City Manager FROM: Brian Shutt, Assistant City Attorney SUBJECT: Interlocal A.qreement between the City and CRA for Plannin.q and other Services This Interlocal Agreement renews the prior Intedocal Agreement for planning services that expires on September 30, 2003. The City shall provide planning services to the CRA relating to the formation and implementation of neighborhood plans and associated planning tasks related to the Downtown Business District and West Atlantic Redevelopment as well as the services of the Parking Management Specialist. The City shall also provide the CRA with certain mapping and graphic services as well as assistance with its computer network. This Agreement is for a one year period and the CRA shall pay the City an amount up to $60,000.00 for such services. Our office requests that this item be placed on the September 7, 2004 City Commission agenda. Please call if you have any questions. Attachment cc: Chevelle Nubin, Acting City Clerk Paul Dorling, Director of P&Z Diane Colonna, Executive Director CRA INTERLOCAL AGREEMENT BETWEEN THE CITY OF DELRAY BEACH AND THE DELRAY BEACH COMMUNITY REDEVELOPMENT AGENCY FOR PLANNING AND OTHER SERVICES THIS AGREEMENT is made this ~7_.,.~--,~ day of~-~,~, 2004 by and between the CITY OF DELRAY BEACH, a Florida municipal corporation, (hereinafter referred to as "CITY"), and the DELRAY BEACH COMMUNITY REDEVELOPMENT AGENCY, (hereinafter referred to as the "CRA"). WlTNESSETH: WHEREAS, the City's Comprehensive Plan requires the preparation of redevelopment plans for locations within the city limits which are also located within the CRA's boundaries; and WHEREAS, the CITY and the CRA will benefit from the services of a Parking Management Specialist; and WHEREAS, the both parties desire to assist one another in providing and obtaining the services as more specifically set forth in this Agreement. NOW, THEREFORE, in consideration of the mutual covenants and promises herein contained, the parties hereby agree as follows: 1. The recitations set forth above are hereby incorporated herein. 2. The CITY will provide the following services: A. The CITY shall provide planning services to the CRA relating to the formation and implementation of neighborhood plans and associated planning tasks related to the Downtown Business District and West Atlantic Redevelopment. B. The CITY shall provide for the shared use of the services of a Parking Management Specialist. C. The CITY shall provide the CRA with certain mapping and graphics services, so long as the services can be performed by the CITY in house. D. The CITY shall pay the cost of supplies except for reproduction costs of final plans. E. If there is a problem with the computer network at the CRA's current location, the CITY will assist the CRA in an effort to resolve the problem. MIS will assist the CRA in setting up any new computer equipment. MIS will assist the CRA in setting up computer equipment after the CRA relocates. 3. The CRA shall provide the following: A. Prior reasonable notice to the CITY of service requests; B. Reproduction of all final plans at its own cost; C. All information that the CITY requests from the CRA that the CITY determines it needs to carry out the service to be provided by the CITY. 4. The term of this Agreement shall commence October 1, 2004 and terminate on September 30, 2005. 5. The CRA shall pay to the CITY up to $60,000.00 a year for the services provided by the CITY, payable in $15,000.00 increments quarterly, with October 1st as the commencement of the first quarter. In the event the Parking Management Specialist position becomes vacant, then the obligation of the CRA shall be reduced to $2,500.00 payable per quarter for planning services, until the position is filled wherein the $15,000.00 per quarter payment shall resume. 6. This Interlocal Agreement shall be filed pursuant to the requirements of Section 163.01(11 ) of the Florida Statutes. 7. No prior or present agreements or representation with regard to any Subject mater contained within this Agreement shall be binding on any party unless included expressly in this Agreement. Any modification to this Agreement shall be in wdting and executed by the parties. 8. The validity of any portion, article, paragraph, provision, clause, or any portion thereof of this Agreement shall have no force and effect upon the validity of any other part of portion hereof. 9. This Agreement shall be governed by and in accordance with the Laws of Florida. The venue for any action arising from this Agreement shall be in Palm Beach County, Florida. 10. Neither the CITY nor the CRA shall assign or transfer any rights or interest in this Agreement. 11. This Agreement shall not be valid until signed by the Mayor and the City Clerk. ATTEST: CITY OF DELRAY BEACH, FLORIDA By: City Clerk Jeff Perlman, Mayor Approved as to Form: City Attorney 3 (SEAL) ~TATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument was acknowledged before me this I~ day of ,A~,oJ:W- , 2004, by h'FCL~O¢~ as ~ ' _ (name of officer or agent, title of officer or agent), of ~ ~c~ ~ (name of corporation acknowledging), a GI~ (state or place of incorporation) corporation, on behalf of the c0rpomtion. ~he is pemonally known to me or has produced (type of identEication) as identification. Public - State of F.~[j~a [ITY I)F I)ELRrI¥ BErlCH CITY ATTORNEY'S OFFICE TELEPHONE 561/243 7090 · FACSIMILE 561/278-4755 DELRAY BEACH Writer's Direct Line: 561/243-7091 ~Am~. City ~9~ DATE: August 26, 2004 TO: City Commission David Harden, City Ma..~nager FROM: Brian Shutt, Assistant City Attorney SUBJECT: Amendment to Contract for Sale with Universal Beach Service The City entered into a contract for purchase and sale of a piece of City owned property located south of S.W. 10th Street and just east of Wallace Drive with Universal Beach Service Corporation on July 8, 2004. The current closing date for the contract is September 14, 2004. Universal Beach Service is requesting that the closing date be extended. Universal Beach Service has determined, through their title research, they will need to quiet title to this property and extinguish certain liens on the property prior to closing. Universal Beach Service proposes to extend the closing date to a point fifteen days beyond the conclusion of the quiet title action. However, if the quiet title action is not concluded by September 1, 2005, either party may terminate this contract. Universal Beach Service shall pay all costs associated with the quiet title action. Also, as part of its due diligence Universal Beach Service had a phase I environmental audit performed on the property. The results indicated a need to have a phase II environmental audit performed as a result of the discovery that a gas station had occupied an adjacent parcel in the past. The phase II audit will take some time to perform, therefore, Universal Beach Service has requested that the City extend the due diligence period for an additional 60 days or until the completion of the phase II report, whichever occurs earlier. Universal Beach Service has requested that the City approve the attached Amendment to the Contract for Sale and Purchase. I have also attached two memos from Bob Federspiei, Esq., further explaining the title and environmental issues. Our office requests that this item be placed on the September 7, 2004 City Commission agenda. Please call if you have any questions. Attachment cc: Chevelle Nubin, Acting City Clerk Robert W. Federspiel, Esq. SPINNER DITTMAN FEDERSPIEL & DOWLING ATTORNEYS AT LAW ROBERT A. DITTMAN. P.A? IBI N.W. FIRST AVENUE DONALD C. DOWLING ~ DELRAY BEACH. FLORIDA 33444 ROBERT W* FEDERSPIEL. P.A. July 19, 2004 Brian Shutt, Esq. Office of the City Attorney City of Dekay Beach 200 NWIst Avenue Delray Beach, FL 33444 RE: Universal Beach Service Corp. purchase from the City of Delray Beach Dear Brian: Enclosed please find a copy of the title insurance Commitment which I obtained with respect to Universal's purchase of the light industrial property from the City. As you can see, there are a number of issues which will need to be cleared up through the prosecution of a quiet title action. Most notably is going to be the requirement for naming the United States of America as a party defendant with respect to the $50,000 judgment which they have attached to this property. It does not appear that they were notified in the Tax Collector's publication process. The l_ntemal Revenue Service was noticed, however notice should have gone to the US Attorney's office on behalf of the United States in this matter. While we believe ultimately we can prevail in the prosecution of this quiet title action, it is going to take approximately 9 months to complete. Given the uncertainty of the outcome, it is my belief that the City would not want to put either my clients or any other purchaser in jeopardy of paying for the property in the event they could ultimately not obtain title and, accordingly, I would ask that the City agree to extend the closing date to be fifteen (15) days following the successful conclusion of the quiet title action. We would agree to commence the action as soon as possible, even though the remainder of our due diligence period would not have been completed, and we would need to prosecute the case in the City's name as the purported fee owner. My clients would bear all expenses relative to this matter, however in the event other matters arise during their due diligence period (such as unacceptable results from the environmental audit), they would have the right to terminate the contract as currently provided for within that time period and the City would then continue the quiet title action for their own benefit. A R~i#~r~tl Limited Liability P~Ir. ers~ip i~l~a~ Pr~fiaiml ?at~qatlo~s Brian Shutt, Esq. Office of the City Attorney, City of Delray Beach July 19, 2004 Page 2 It should be possible to clear the other matters that are set forth in the title Commitment under Schedule BI, items 16, 17, and 18 by the City fi'om the County at no cost. These matters should have been cleared of record simultaneously with the County's conveyance of title to the City from the Lands Available List. My concern is that if my clients were to complete the purchase without the City having requested those releases, the Tax Collector may well insist upon the private third party paying them. I would be happy to sit down with you at your first opportunity to go over the Commitment, item by item, so that you have a complete understanding of the status of title to proceed with presentation to the City Commission of a request for modification. I would be happy to prepare the proposed amendment to the contract if you would like me to. Please let me hear fi'om you. Sincerely, ROBERT W. FEDERSPIEL, P.A. Robert W. Federspiel RWF:br Enc cc: Universal Beach Service Corp. FUND COMMITMENT Schedule A Cornmitment No.: CF-lt~05/+53 Fund File Number 06-2004-8007 Effective Date: May 25, 2004 at 11:00 p.m. Agent's File Referenc~ Delray/Peart 1. Policy or Policies to be iss_u_ed'_ Proposed Amount of lnsuran~e O~R'$: ALTA Owner's Policy (10/17/92). (Ifo~he~, specify.) $' 100,000.00 Fro/n~d Intured: Universal Beach Service Corp., a Florida corporation I~IORI~F.~: NIA Proposed lnrur~. N/A 2. The estate or interost in the land dmnxribed ar referred to in thir commitment ir a fee $imple ~d title thereto ir ag the effective date It~of ~etl in: City of Delray Beach, a municipal coqxwation $. ~e land reftrrod to in thir eomm#mtnt ir d~tib~ m f~liow,: The South 80 feet oflhe East 150 feet of Lot 12, Esquire Subdivision, ac,x~rding to the map or plat ~hereof as recorded in Plat Book 23, Page 43, Public Records of Palm Beach County, Florida. FUND COMMITMENT Schedule B Commitment No.: CF-1405453 Fund File Number 06-2004-8007 L ~efollowing are tke reqtdrenwn~ to I~ cotr~lied witk: L Payment oftkeftdl coasider~____on to, or for tlw account of, the grtmtor~ or rnortgagor~ 2. Instrttments ~ng the estate or interest to be insured wkic~ mast be execute~ ddlvered and flled for re~ord: a. Warranty Deed from City of Delray Beach, a manicipal corporation, to the proposed insured purchaser(s). Note: Deeds by a municipal corporation usually ~re signed in the name of the city or town by the mayor or some o~er person authorized by the charter, in the presence of two subscribing witnesses. The conveyance also should be a_~_~d by the city clerk, sealed with the municipal seal, ~nd mede upon a proper resolution by the municipalit~s governing body authorizing a sale of the property. The Fund Agent should determine that such a deed is executed by an official authorized by the charter and that it is duly attested to by the city clerk. A Certificate from the City Attorneys' Office evidencing the proper edoption of the resolution should be ~n~,ched to the deed of conveyance and recorded ~ it. unrecorded ~ ~ i~ vlrt~e of ord~'umc~, unrecorded ~_ments as to kn~a~t or ot~er &,~3o~or,~nt fees, ~ wst~ fees ~ to Me onunty or r,w~_gc~, or service char~es under Ck. 159, F. ~., or coun~ ordinance. 4. Affidavit ~o be executed by City of Delray Beach st~ng: 1 ) Tbere ase no matter~ poading against the affiant that could give rise to a lien that would ,r~ch to the property between May 25, 2004 at I !:00 p.m. and ~e recording of the interest to be insured. 2) That the afffiant(s) have not and will not execu~ any instruments that would adversely affect the interost to be insured. 5. Closing funds are to be disbursed by or at the directien of the agent of The Fund identified at bottom of Schedule A. 6. A search commencing with the effective date of this commitment will be performed at or shortly prior to the closing of this transaction. If this search reveals a title defect or objectionable matters, an endorsement will be issued requiring that this defect or objection be cleared on or before closing. ?. Agent is to record the insured instruments as soon as possible a~er closing. 8. Affidavit from the owner of the subject proper~y, or some other person having actual knowledge, establishing that no person other than the owner is in possession. 9. A survey meeting The Fund's requirements must be furnished. Ifsoch survey reveals any encroachments, overlaps., boundary line disputes, or other edverse ma~ers, they will apl~r as exceptions in the policy to be issued based upon this commitment. P~ge 2 of 5 FUND COMMITMENT Schedule B Commitment No.: CF-1405453 F~nd File Namber 06-2004-8007 ! 0. The policy to be issued based upon this commitment will not contain an exception for easements or claims of easements not shown by ~he public records, provided that: (i) the survey, meeting The Fund's requirements, does not disclose the existence of any unrecorded easements; and (ii) the affidavit of the owne~, or other person with actual knowledge, establishes that there are no unrecorded easements or claims ofensements in existence. 11. Affidavit from a reliable purson must be fmnisbed establishing flint more than 90 days has elapsed since the completion of all improvements for which payment has not been made in full. 12. Release of subject property from Reaolutlon No. 15-91 recorded in O.IL Book 6805, Page 1 ! 10, Public Records of Palm Beach County, Florida. 13. Release of subject property from Affidavit of Notien of Unsafe Building in O.IC Book 6414, Pages 181 $ and i 819 and O.1C Book 6420, Page 1745, Public Records of Palm Beach County, Florida. 14. Proper Completion cfa Quiet Title Suit into the City of Delray Beach nnming in the suit: Dennis Fernandez by Warranty Deed in O.R. Book 4108, Page 1013, Public ~ of Palm Beach County, Florida. b. AbrahamT. OlivabyWarrentyDeedinO.R. Bonk4108, page 1013, Public Re~rds of Palm Beach County, Florida. c. Roberto Rodrlguex by Warranty Deed in O.R. Book 4108, Page ! 013, Public Records of Palm Beach County, Florida. d. State of Florida by Final Judgment in O.R. Book 9249, Page 525; O.IC Book 4802, Page 1023; OR. Book 8743, Page 1934; O.R. Book 8728, Page 1830; OR. Book 9356, Pages 270 and 269; O.IC Book 9126, Page 1880; OR. Book 9756, Page 1821; O.IL Book 8680, Page 1203; OR. Book 11227, Page 336; OR. Book 11227, Page 337 and OR. Book 11392, Page 947, Public Records of Palm Bench County, Florida. e. Nitza Torres by Final Judgment in OR. Book 12046, Page 638, Public Records of Palm Beach County, Florida. f. United Stntes of America by Judgment in O.R. Book 9273, Page ! 112, Public Records of Palm Beach County, Florida. g. Cnribank Premium Finance Co~ Ok/a Solar Premium Finance, Inc. by Final Judgment in OR. Book 5098, Page 1354, Public Records of Palm Beach County, Florida. h. Ford Motor Credit Company by Final Judgment in O.R. Book 10338, Page 1784, Public Records of Palm Beach County, Florida. Page3 of 5 FUND COMMITMENT Schedule B Commitment No.: CF-1/,05t~53 Fund F'de ffmuber 0~-2004-$007 Rebecca V. Rodriguez and D.O.R. by Final ludgmc~t in O.R. Book 8836, Page 1937, Public Records of Palm Beach County, Florki~ j. Del Rio Discount Corporation by Final Judgment in O.R. Book 4420, Page 1.547, Public Records of Palm lP~_.ch County, Florida. k. County Collection Services, Inc. by Nctice of Liea for Welfare ~ .A~s..' _tst~o in O.R. Book 7667, Page ! 702 and assigned in O.R. Book 7743, Page 1281, Pubhc Records ofpulm Beach County, Florida. ! S. Satisfactory evidence must be farnished establishing that Universal Beach Service Crop. is a corporation duly organized, validly existing, and in good standing under the laws of Florida (at date of purehase and at the present time, or at date of purchase and at date of sale), if there is no governmental agency in charge of corporate records from which a ce~f'lcate of good standing can be obtained, then an attorney or notary public in the state or country of origin, who has examined the appropriate oorporate records, can provide the c~tificate. ! 6. Proof of payment of taxes for the years 2001, 2000, 1999, 1998, 1997, 1996, 19c~, 1994, under Tax Folio Number 12-43-46-20-18-000-0122 must be furnished, and any tax certificates issued with respect thereto must be canceled by the clerk of the court. 17. Proofof redumption of Tax Sale Ce~ficate lqo. 1992-1 $59~ for taxes fo~ the yeer 1~91 must be furnished. 18. ProofofredemptionofTaxsaleCertifw, atelqo. 1987-7376fortaxesfortheyear1986must Il. $chedule B of the policy or pulicies to be issued will contuln ~v-~--?tinns to ~ fo~wing ~ unless the sam~ are disposed of to the satief~t~on of Tke F~md: L Defects, lien~, encumbrances, adverse clahns or other ~.rs, ~f troy, crente~ J'wst appcoriag in the public records or ett__ec&ing subsequent to the effective date kereof bat prior to the date the proposed insured acquires for value of record the estate or interest or mortgage thereon covered by this commitmen~ 2. Any owner and mortgagee policies issued pursuant hereto wR! contain tinder Schedule B the standard exceptions set forth at the inside cover kareof unioss an aj~ulavit of possession and a satisfactory current survey are submitte~ an inspection of the premises is made, it is determined the current year~s !~r_ ~ or special assessments kave been ~ and it is determined there is nothing of record wkich would give rise to construction Hens which could take priority over the interest(s) insured hereunder (where the liens would otherwise take priority, submission of waivers is nee,'~my). Page 4 or'5 FUND COMMITMENT Schedule B Commitment No.: CF-1405453 F~I F~k N~d~.r 06-2004-8007 3. Fed, nd liens and Judgment lie~ O~ any, filed witk tiw Florida Deavatfment of St pursuant to ~ 713.901, et seq., F.~, and Sea $$.201, et seq., F~., respecnvely, designate the Florida DepatOnent of S~ate as tlw plm~e for filing federal liens tttul judgme~ liens against personal property. For insuring ptwtn~s: (a) Pttr~uant to Set: 715.901, et teq., F~, penonal properl2~ in~g~, b~t is twt Hmited to, mortgages, letts~olt~ mortgogm on lemekold~ Inter, ts in associations, rende~' inttrem, and OlntOns w~en t~ose interestr are (b) Purtttant to ~ $$.201, et te~, F~.~, pertonttl proln~ly lnelttt~ &#t it aot Iim~____~_ regardless of tire ~ of entily kolding such htterests, including hulividua~ Mortgages have been slu~lfic~y excluded from the personal property lntetm~ whick a jttdgment lien may be acqtd~d under the provisions of Se~ $5.201~ ~ stq., F~) 4. Tax~ for thc year 2004, which ar~ not y~t du~ and payable- S. Subj~t to right~ of t~mnts und~ unrezxnxl~ I~aa~ if any.. Esquit~ Subdivision, as r~ordod an Plat Book 23, Pa~ 43, Pubh¢ Roca:ads oz t-ann County, Florida. 7. Ordinan~ No. $0.88 toe, deal in O.!~ Book 5798, Pag~ 1205, Publi~ P~cxnzls of Palm B~r'h SPINNER DITTMAN FEDERSPIEL & DOW'LING m, ATTORNEYS AT LAW DONALD C. DOWLING t 151 N.W, FIRST AVENUE August 23, 2004 Brian Shutt, Esq. Office of the City Attorney City of Delray Beach 200 N-W 1st Avenue Delray Beach, FL 33444 RE: Universal Beach Service Corp. purchase fi:om the City of Delray Beach Dear Brian: Pursuant to our conversation, attached is a copy of Nutting's Phase I environmental audit, wherein they have recommended a Phase II investigation resulting fi:om the existence of an apparently abandoned service station site abutting the property. As I have indicated, my clients will proceed with pursuing the Phase II, however this will require some additional time and we are requesting that the due diligence period be extended for an additional sixty (60) days or until the completion of and issuance by Nutting of the Phase II r~ort, whichever occurs earlier. I will modify the previous contract Amendment tomorrow and provide it to you for inclusion on the September 7 Consent Agenda. In the event the Amendment is not approved by the Commission, we would ask that you consider this to be a notice of the termination of the agreement. Thank you for your cooperation. Sincerely, ROBERT W. FEDERSPIEL, P.A. Robert W. Federspiel RECEIVED RWF:br ,, ~ Enc. k~'~ ~-' ~' 88-23-'84 14:56 FPO:nutting engineers 5617379975 T-817 POB2/B05 U-861 August 23, 2004 Unlvemal eea~h~Service~ CorporaUon 107 Northwe~ 9' Street Delmy Beth, FL 3~~. Alln: JoAnn Peart Re: Ph~e I Env~ronmerdal Pr~e~ ~ 9~ Avenue0-4 '~Vm~nt Pm'eel NEF # 6229.~ Dear Ms. Pearb NUT~NG ENVIRONMENTAL O~ FLORIDA, INC. (NEF) has perkxmed a Phase I Erlvbon~! Property Assessment at the __ evaluate _e "~ Ilkellhmxl of'recognized eavlmnmen~ c~l~on~' (~ defined in ASTM prao6ce E.1527 and Se~on 2.1 of this mpoit) being present o~ [he site on [he baeH of tim ~cope of work p~-ted beJow. NEF conducted the ~sment re~amh in m:cm-dm'~e v/,th InduM~ aCeepled melhocls, Investigating the following key · Exzmlnatlon of the ~ I~ general hydrogeologlcal, geologk;al and topographical c~=rar, teristics. · Performance of a physical site Inspe<:lion to otmerve the existing condltion~, business activities, and operations on the subject alte. ,, Review of specific federal, ~;,i~, county, and local agen,.w reoords perta'lnk-,g to the site and other aelected Please see ~ 2.0 of thle repmt fa' ftather details regarding NEF'$ me~y, For further Information regarding our company's quall~=aflcms, please visit our Wodd Wide Web page at h~:/N~ww,nuUingenglneem.com/or contact the undersigned at your ¢:onvenlem3e. We have .p?.ff?r?d a _Pt~_ase I Environmental Property Ae~essm, erll in limited accordance with components of the ~3ope anti ilmlta~on$ of ASTM Praclice E-1527 of the above ~merenaed alte, the properly. Any additions, exceptions to, or deletions from, this ix'actk=e are deecflbed in Seation 2.0 of this repo~ It i~ our opinion that this assessment has revealed no evidence of recognized environmental conditi~ in ~3onnec~lon wilh the property with the following Boynton . 1310 Ne~ I:Mve - Bo~ Beacfl. FL 33,126 Beach (561) 732-7200 Pompano Beach (954) 782-7200 · Mlaml.,1)ade (305) 858-0981 · Fax (561) 737-9975 88-~$-'84 14:57 FRO~-m~tJ_ug er~jJneers 5617379975 T-817 P805/005 ~-861 · Using Ihe assessment criteria as described in Section 2.0 of this report, NEF has found evidence of recogn[Zed environmental conditions on the subject property. Please refer to Section 6.0 for additional information. NUl'rlNG 2 08-~23~'04 14:56 Fl]O~-nuttincj engLueers 5617379975 T-817 P0~4/005 Il-gE1 1.0 SUMMARY NUTTING ENVIRONMENT. N. OF FLORIDA, INC. (NEF) has conducted a Phase I Environmental Property Assessment in acoordan~e with your authorization of August 16, 2004. This assessment was performed bet'.-.'ccn Augus[ 16 and August 23, 2004. Based on the authorized scope of work performed, the following observations were made: · The subject site consisted of an appro~dmate 0.4 acre (17,500 square feet), rectangular a~aped vacant a~l undeveloped parcel. · IPapeclion of the site did no~ reveal the pmsenoe of vts~le stain~, areas of distressed vegetal, ~ ~r ~i~e Indlc~ion$ of reoognlzed environmental conditions on Ihe prop~. * S°#d waste In ~e form of litter ~:fl a~ can,,, bottle, paper, and ~her r~t haza~ ~b~ ~s ~ at var~us k)ca~ns acroes the subject fac#ll~. Given Ihe above, NEF recomnten~ ~ the trash and debris be removed from the ~ and property disposed. ~ho~d the b'a~h and deb;is be obeerved to extend to deplh during removal activities, NEF should be contaca~l to evaluate po~nllal ~11 and/or groundwater concerns. ,~, at~,,~ ar~or um~m~a veg~,-~n w~s o~ervea I~y NEF. It Is NEPs opinion the abovegmund storage tank repreeents a cie mlnimls condition at this time. · The use of heating o# was ~;mmmon prior to the availabll~ of natural gas in ~he subject area. As such. it is possible that aboveground or underground heating otl tanks were historica#y present on the subject site. O~ August 20, 2004, NEF lrtspec~cl the subject site fo~ evidenoe of potential heMin9 oil aboveground or underground storage tanks. ~ on field ol~sefvaUons, evklon;e indioating ~ presem;e of polenlial on site unde~mund petroleum storage tanks, (l.e., fill-por~s and vent pipes) was not obsewed. NEF revlew~J reasonably asoertainable 'standard hlstork~l sources." A review of these publio reoords did no~ Indk;ate evidence Of abovegmund or underground Mom~e tanks ~t the site. ~ the Eme period dultng whioh the Ixoperty was first developed, it is NEF's opinion that that thee Is ~ Iow to moderate likelihood that urtdo~umonted undelground ~A~,,~je tanks may have been employed t~ ewJu~ ~lb~urf~l~e ~:~ndltk~n$ for mq~:~s whidn n~ be indk~Mive of ~ndoned under~round ~tor~e t~nl~. NEF c~n pr~ a pro.al f~' ~ ~ub~u~ ~un~ey Mth~ n~lUeM ~ ~e ~lient to evaluMe this 'buslne~ environmental risk" should interest warrant. ~e~ond ppamnt rel~dentl~l ~tfuctufe in ~989, By 1~3, ~ ~;ucture w~s demolished. From 199~ t~ the present 100' nor~ of the ~ubjec~ properb/. Inf~rrn~tion pertaining ~o ~ c~ of Itm ~,"vk:~e ~ m~l/or underground i~e ~nk($) wes n~t available to NEF durin§ the course of lhi~ Invite. Please refer ~o Section 6.0 for ~ddltion~l InfernO. ' The ~ubJe~t $1te wa~ no~ f~ to be ~.~:l ~ ~ cor~mln~b~l ~it~ ~- ~ a ~ un~r e~nt by r~ula~ agenck~ within ~he dalal3~se~ ~nd ~le~ reviewed. · NEF ~ ~fourld or pole moufl~ed Fk:~lda Power ~ Light (FPL) Uall~fon'nel~ on o~ n~r file subject ~tte. Tile ~nM~ormer~ did not ~ to be d~maged ~r leakln~ at ~ time of NEF'~ Inv~, It i~ I~F'$ understandin(~ through communk~tion~ ~ Fp/re~tative$ ~nat "in lhe event of le~k~l~e ~f 8pillage of oil f~om ~lectric~l equipment owned by FPL, the ~omp~ny assumes responsibllily for ~ proper c~n-up 8nd di~l of oily m~eri~l re~,~rdle~ ~f PCB oontent." NUT"riNG ENVIRONMENTAL 1 :14:56 Fl~OFl-nuttlng er~ji~eers 5617379975 T-817 P[~83/005 U-861 Off $ito Potential Service S~tion Historical aerial photographs depict what appeam to be a asrvloe s~un. as evidenced by two fue~ng dispenser Islands and concrete pad (i.e., underground nodhwest of the subject storage tank field). The service station was located approximately 100' properly. Information pertaining to the u{osure of the aswice ~on andlo~ underground storage tank(s) was not available to NEF during the ~ourse of'this 'uut mien'am m a ~ulh of two teet beiow ~e water table for Fmicl hemts~ ~ ~,. e,= ,,,~...~ ~, ~ ~n ~me~ _~..m~._l_rl_e_ _w~__... ~o~k{. line ~ ~ eampi~l for analyais per volallle olgert{o cofftpounds by EPA '~'~'~'~ ~'~ ~ ~, ~ ~O~11 ~ {K~'as~n~ ~ Group). work desc~bed in this r~corL ~x~din~ly, ~e c~mt Is h~mb¥ permllt~d to r~y upon this reporl, ~bjeci to ~ny RESPECTFULLY I~JBM~,, bi], Nl~ ,~NVIRON MF~r{'~WL OF' FLO{~D~q {N~. Ntn'nNQ ENVIRONMENTAL AMENDMENT TO CONTRACT FOR SALE AND PURCHASE THIS AMENDMENT TO CONTRACT FOR SALE AND PURCHASE, in entered into this day of ,2004, by and between the CITY OF DELRAY BEACH, hereinafter referred to as "CITY," and UNIVERSAL BEACH SERVICE CORP., a Florida corporation, hereinagter referred to as "UNIVERSAL." WITNESSETH: WHEREAS, the CITY and UNIVERSAL have entered into that certain Contract for Sale and Purchase dated July 8, 2004, (the "Contract"); and WHEREAS, pursuant to UNIVERSAL's examination of title in accordance with Standard A of said Contract, it was determined that title is unmarketable without obtaining a Final Judgment by a Court of Competent Jurisdiction quieting title into the City of Delray Beach and obtaining the release of certain outstanding tax liens from Palm Beach County as evidenced by Title Insurance Commitment, a copy of which is attached hereto as Exhibit" A;" and WHEREAS, based upon the examination of the title it has been determined that the Palm Beach County, Tax Collector's Office may have failed to provide proper notice to among others, the United States of America and the State of Florida relative to a certain Judgment referred to in the said Title Commitment which attaches as a lien to the subject property with the result that a quiet title action will require substantially more time than provided for in the Contract; and WHEREAS, the said Contract requires closing to occur on September 15, 2004; and WHEREAS, given the uncertainty as to the ultimate outcome of the quiet title action, the CITY and UNIVERSAL agree that it is reasonable to delay the closing for a defined period of time in order to allow UNWERSAL to prosecute the quiet title action in the CITY's name and therefore desire to amend the said Contract to provide for such matters; and WHEREAS, UNIVERSAL, through its due diligence efforts, has obtained a Phase I environmental assessment prepared by Nutting Environmental of Florida, Inc., which assessment recommends conducting a Phase II assessment and obtaining a minimum of three (3) soil-boring samples to ascertain whether or not groundwater contamination exists emanating from an adjacent abandoned service station; and WHEREAS UNIVERSAL would not have adequate t/me to conduct the Phase II assessment within the current due diligence period and, accordingly, is requesting that the CITY extend the due diligence period for a reasonable period of time up to sixty (60) days to allow Nutting Environmental of Florida, Inc. to conduct such Phase II assessment. NOW, THEREFORE, in consideration of the mutual covenants and promises herein contained, the parties hereby agree as follows: 1. Notwithstanding any provision of the Contract to the contrary, UNIVERSAL is hereby authorized to file in the Circuit Court in and for Palm Beach County, Florida, a Quiet Title and/or Declaratory Judgment action in the CITY's name at UNIVERSAL's expense seeking an order quieting title in and to the subject real property in the CITY's name. 2. The closing date as provided for in Section V is hereby amended to be fifteen (15) days following the final non-appealable conclusion to the quiet title action quieting title in the CITY's name to the effect of rendering the CITY's title marketable for purposes of conveying to UNIVERSAL provided, however, that in the event the such final judgment quieting title in favor of the CITY, as above-described, shall not have occurred by September 1, 2005, either party may terminate this Contract by written notice to the other party or UNIVERSAL may at its election 2 proceed to close with the quiet title action then pending. Further, in the event a non-appealable final judgment denying the relief of quieting title to the subject real property into the CITY shall be entered prior to September 1, 2005, this Contract shall immediately terminate. 3. The due diligence inspection period provided to UNIVERSAL is hereby extended for up to sixty (60) days fi.om the date of this Amendment or until three (3) business days following receipt of the Phase II report of Nutting Environmental of Florida, Inc., whichever first occurs. 4. All other provisions and terms of the said Contract shall remain in full force and effect. IN WITNESS WHEREOF, the parties have heretofore set their hands and seals on the day and year first above written. WITNESSES: CITY OF DELKAY BEACH By: Printed Name: Printed Name: Title: Printed Name: APPROVED AS TO FORM AND LEGAL SUFFICIENCY By: Printed Name: Title: WITNESSES: UNIVERSAL BEACH SERVICE CORP. By: Printed Name: Printed Name: Title: Printed Name: 3 FUND COMMITME~ Schedule A Cotmn/tme~No.: CF-140.~53 FandF'defllumber 06-2004-8007 ~'~/pe tim's.. May 2~, 2004 m* ! I.-00 p.m. ,4~en~F'de~,f~e. ren~: Dcfray/Peart o~v~ w:. ALTA Own~ Policy 00/~ 7/92~ (Ifo~r, specify.) S'~00.000.00 N/A FUND COMAOTIVIENT Schedule B l~a~e2~f$ FUND COMMITMENT Schedule B FUND COMMITMENT Schedule B prior to tire date tbe proposed in~ured aCtltt~ for value of t~ortl tite ~e or htt~re~ or 2. Any o~ee ea~l ~t~ee ~ l~l p~ l~w~o s,gl eo~_n su~lee ~ B d~ned ~ b noa~-g of re~nt wldelt ~ould give tise to ~n~truct~n pu~ wkiclt raise priority, m6,nt~io, FUND COMMITMENT Schedule B MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER SUBJECT: AGENDA ITEM #~'~ - REGULAR MEETING OF SEPTEMBER 7. 2004 GRANT APPLICATION TO FLORIDA RECREATION DEVELOPMENT ASSISTANCE PROGRAM DATE: SEPTEMBER 3, 2004 Staff is requesting authorization to submit a grant application to the Florida State Department of Environmental Protection's Recreation Development Assistance Program for funding in the approximate mount of $30,000.00 for playground equipment for Miller Park. The Parks and Recreation Depamnent would like purchase a piece of playground equipment designed for toddlers (ages 2-5). The total project cost will be approximately $30,000.00 and includes site preparation, playground equipment, inst~ll~tion, and handicapped accessible surfacing. I recommend that staff be authorized to submit the grant application. S:\City Clerk\agenda me~no~\FIofida Recreation Development Assistance Grant.09.0?.04 £1TY OF ELIII:IY BEI:I£H ~ 100 N,W. 1st AVENUE DELRAY BEACH, FLORIDA 33444-561/243-7000 AII-AmedcaCity 1993 2001 TO: David Harden, City Manager FROM: Joe Weldon, Director of Parks and Recreation SUBJECT: FRDAP Grant for Miller Park Playground Equipment DATE: August 20, 2004 The purpose of this memorandum is to request City Commission authorization to apply for a Florida Recreation Development Assistance Program grant to replace the playground equipment at Miller Park. I've been in contact with Lisa King of Langton Associates who is in the process of putting our grant packet together. The submission period for the grant is September 13 through October 13, 2004. We will be applying in the $50,000 or less grant category which is funded 100% by the State and requires no match by the municipality. I anticipate the playground cost to be no more than $30,000. It is a small piece of playground equipment designed for toddlers (ages 2-5). The $30,000 cost covers the playground equipment itself, site preparation, installation and handicapped accessible surfacing. As you know, the grant is on a reimbursable basis which means we have to upfront all costs before we are reimbursed. As part of the grant requirement, we also have to show that the money has been budgeted for fiscal year 2004 2005. Please place this on the September 7, 2004 agenda for City Commission consideration. don, Director of Parks and Recreation Attachment cc: Carolanne Kucmerowski, Agenda Coordinator Ref: millerpg THE EFFORT ALWAYS MATTERS Date: Aug. 20, 2004 AGENDAITEMNUMBER:~-~w AGENDA REOUEST Request to be placed on: Consent Agenda x Regular Agenda Workshop Agenda Special Agenda ~On: September 7~ 2006 Description ofA~enda I~em (who, what, where, how much): Request approval ro apply for a $30,000 ~grant from Florida Recreation Development AssSstance Program for playground equSpment for ~iller Park. The grant ~s on a reSmbursa~le bas~s. ~pfront fundSng w~ll come from fSscal year 2004 - 2005 capital improvement funds. D~partment Head~ ~ ~ ~q_ ~titg~tt~:ney Rev~eco~end~tion (if applicable): Budget Director Review (required on all ite~ involving expenditure of ~nds): Funding Available: Yes / No InitiMs: Account Number Description Account Balance: Funding ~ternatives: (if app~cable) City Manager Review: Avproved for Agenda: ~/No Ini~i~s: ~ Hold Until: A~enda Coordinator Review: geceived: MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER ~/{ SUBJECT: AGENDA ITEM # ~{~ - REGULAR MEETING OF SEPTEMBER 7. 2004 INDEPENDENT GONTRACTOR AGREEMENT/THE ARC DATE: SEPTEMBER 3, 2004 This is before the Commission to approve an independent contractor agreement between the City of Delray Beach and The ARC for a trained inclusion specialist for a special needs child in our Out of School Program in the approximate mount of $16,190.00. According to Federal Law and The Americans with Disabilities Act (ADA), all children with special needs must be provided the opportunity to participate in mainstream activities. We have had a partnership for eleven (I1) years with The ARC, an agency that provides services for children and adults who are developmentally disabled. Funding is available from 001-4105-572-34.90 (General Fund/Other Contractual Services). Recommend approval of the independent contractor agreement with The ARC. S:\City Clerk\agenda mX. The ARC.09.07.04 CITY OF DELRRY BEACH ,DE, LRoAY, B ,EA~C H' ~ 100 N.W. 1st AVENUE DELRAY BEACH, FLORIDA 33444.561/243-7000 1993 2001 TO: David Harden City Manager FROM: Joe Weldon Director of Parks and Recreation SUBJECT: Independent Contractor Agreement for Inclusion Specialist DATE: August 31, 2004 We presently have a special needs child enrolled in our Out of School Program. According to Federal law and ADA (Americans with Disabilities Act), all children with special needs must be provided the opportunity to participate in mainstream activities. We are requesting approval of and your signature on two original independent contractor agreements for a trained inclusion specialist in the approximate annual amount of $16,190. Funding will come out of account #001-4105-572-34.90. Please place this on the September 7, 2004 agenda for City Commission consideration. Joe ~ldon Dire~or of Parks and Recreation Attachments JW:cp Ref :inclspec THE EFFORT ALWAYS MATTERS The .. providing forty-six years of quality services for children and adults who are developmentally disabled Board of Directors August 9, 2004 Florence Seller President Michele Poole President-Elect Mr. Richard L. Connell Paul Martinelli Assistant Director of Parks and Recreation Vice-President City of Delray Beach Clinton Glass 50 NW 1~t Avenue Vice-President Delray Beach, FL 33444 Debra Ruedisili Secretary Anthony Gravett Dear Mr. Connell: Kieran Kilday Attached please find two copies of the contractor agreement between Past President the City of Delray Beach and The Arc of Palm Beach County for the upcoming Board Members Margarita Abrishami 2004-05 school year. Also attached is a copy of your memorandum of August Jeffrey Azis 9, 2004, specifying the time of the program each day and the method of Rep. Mary Brandenburg payment. Robert B. Campbell Sally Chester Pat Cirkus* Thank you very much for giving The Arc the opportunity to assist you Don Cook in providing inclusionary services for those children in your community who Mary Beth Crane have a developmental disability. It has been a pleasure working with you. Tom Head Danielle Hickox Carol Hochstaedt Melanie Jacobsen Sincerely, Jo Ann Barone Kotzen, Esq. Donna Lloyd-George ~ Traey Marcharid R. Thomas Mayes, Jr. Malcolm M¢Campbell James McCarten Andrea McMillan, Esq. Executive Director Sharon Merchant Dr. Joseph Orr Jim Pettit Meanu Sasser, Esq. JWL/hg Pam Schon Glen Trotta Amy Young CC: Julie Lobdell * In loving memory Executive Director Joyce W. Laird Funded in part by 'l~'n~t~ ~ The Courim Center: 1201 Australian Avenue, Riviera Beach, FL 33404 (561) 842-3213 Fax (561) 863-4352 e-mail: info~arcpbc.org website: www.arcpbc.org Accredited by South County Office: 2923 S. Federal Highway, Suite 2, Boynton Beach, FL 33426 Phone (561)739-9313 Fax (561) 739-9821 Please consider The Arc in your will! INDEPENDENT CONTRACTOR AGREEMENT THIS AGREEMENT made and entered into this day of ., 2004 by and between the CITY OF DELRAY BEACH, a Florida municipal corporation, hereinafter referred to as "City", and THE ARC, an Independent Contractor, hereinafter referred to as "Contractor". WHEREAS, the parties desire to enter into an agreement to provide services for special needs children enrolled in the City's Out-of-School Program; and WHEREAS, the City, and Contractor desire to clarify and define the responsibilities of the Contractor and its employees and/or agents. NOW, THEREFORE, for and in consideration of the mutual covenants and promises set forth herein, the parties to this Agreement do hereby agree as follows: 1. The City hereby retains the services of Contractor who will retain one designated person either as an employee or independent contractor of Contractor at no more than a ratio of 1 to 3 who will be inclusion staff in the mainstreaming of special needs children in the City's Out of School Program, School Days Out, Professional Development Days (PDD Days), Orientation and Summer Camp. As an Independent Contractor, Contractor or its employees or agents are not officers, nor employees of the City. Contractor must provide a Federal Tax I.D. number, if applicable, otherwise Contractor must provide a social security number. Contractor must submit a completed W-9 form at the time of the submission of the first invoice. In addition, as the City is not the employer of Contractor or of any person provided by Contractor to perform the service, the person designated by Contractor to perform the services must also provide the information and documentation provided in this paragraph. 2. Term: The services will commence on August 11, 2004 and the services will end on August 10, 2005. The agreement may be renewed for an additional one year period upon the written mutual consent of the parties. The services will be provided for the After School Program, Monday-Friday from 2:00 p.m. to 6:00 p.m., and on School Days Out between the hours set, 7:30 to 5:30 p.m., on Professional Development Days (PDD Days) from 2:00 p.m. to 6:00 p.m., on Orientation day, August 10, 2004 from 9:00 a.m. to 5:00 p.m., and for Summer Camp, Monday-Friday between the hours of 7:30 a.m. to 5:30 p.m. If the Agreement is terminated by the City, the City shall only be responsible to compensate Contractor for fees billed up to the date of termination. 3. The total cost of the services provided by Contractor shall be the sum of $16,190 per year. This covers all costs and expenses including but not limited to insurance, etc. The Contractor may submit an invoice for a prorated amount for two (2) weeks worth of work three (3) weeks prior to the work to be performed and the City will prepay two weeks in advance of the work to be performed. 4. The Contractor or its employee and/or agent are required to have the proper driver's license as required by the City. The person providing the services must be acceptable to the City and must pass all screening requirements and must maintain all qualifications and certifications required by law, rule or ordinance. 5. This Agreement does not create an employedemployee relationship between the parties or between the City and the person employed by Contractor to perform the services. Contractor or its employees are not entitled to any benefits paid to City employees. It is the intent of the parties that under this Agreement, that the Contractor and its employee and/or agent is not to be considered an employee of the City for any and all purposes, including but not limited to, the application of the Fair Labor Standards Act minimum wage and overtime payments, Federal Insurance Contribution Act, the Social Security Act, the Federal Unemployment Tax Act, the provisions of the Internal Revenue Code, the State Worker's Compensation Act, and the State Unemployment Insurance Law. The Contractor is responsible to comply with all the above laws and provide such entitlements to its employees/agents as required by law. 6. Contractor shall be responsible for all taxes of any kind. An IRS W-2 form will not be provided. The City will provide an IRS Form 1099 required by law. Contractor and its employees understand that no Federal Income Tax or Social Security will be withheld, unless Contractor requests in writing that Federal Income tax be withheld by the City. 7. The Contractor shall indemnify, save and hold harmless the City, its agents and employees from any claim, demand, suit, loss, cost of, expense or damage which may be asserted, claimed or recovered against or from City or City's agents or employees, by reason of any damage to property or person, including death, sustained by any person whomsoever, which damage is incidental to, occurs as a result of, or arises out of the negligent or wrongful act(s) of Contractor and/or Contractor's agents and employees. 8. That City shall not be responsible for any property damage or personal injury sustained by Contractor or it employees from any cause whatever, prior, during, or subsequent to the period of time during which this Agreement is in effect. The Contractor hereby waives, discharges, and releases the City, its agents and employees from liability for the negligent acts of City or its employees and agents. 9. The Contractor shall have sole control of the work and the manner in which it is performed based on the schedule. The City shall furnish vehicles necessary for the scope of work and certifies that it maintains insurance for the vehicles. 10. This Agreement is a personal service contract and an assignment of this Agreement by Contractor without the wdtten consent of City is void. The City reserves the right to reject and/or dismiss an employee or agent provided by Contractor, with or without cause anytime during the contract period upon giving Contractor written notice to be effective within five (5) business days of the notice being sent. The City may terminate the agreement with Contractor for cause or for no cause effective within five (5) business days after notice has been sent. 11. Contractor shall be free to contract for similar services to be performed for other entities or persons while under contract with the City. The provision of services provided for herein is non-exclusive. The City may retain additional entities or persons to perform the same or similar work, if in its sole discretion the City desires to do so. 4 12. Contractor shall not discriminate on the basis of age, religion, race, sex, madtal status or handicap or conduct any class which is inapprepriate for children in performance of this Agreement. 13. All notices shall be effective when mailed to the following addresses: Contractor address: The ARC 201 Australian Avenue Riviera Beach, FL 33404 City address: Robert A. Baminski, Assistant City Manager 100 N.W. 1st Avenue Delray Beach, Florida 33444 14. This Agreement represents the entire understanding of the parties and supersedes all other written or oral agreements. Modifications to this Agreement must be made in writing and mutually agreed to by the parties. 15. Notwithstanding Paragraph 10, Contractor understands that Contractor and its employees and agents must comply with all applicable laws, rules, and regulations and maintain all required qualifications to provide the services provided for under this Agreement. That this Agreement shall be immediately deemed null and void and notice of termination, as set forth in Section 2 and/or Section 10 is not required, if, at any time during the term of this Agreement, Contractor or its employees and/or agents do not abide by all applicable laws, rules or regulations, or does not meet HRS guidelines or fails to retain qualifications necessary to safely and effectively perform the duties covered by this Agreement. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed on the day and year first above written. ATTEST: CITY OF DELRAY BEACH, FLORIDA By:. City Clerk David T. Harden, City Manager Approved as to Form: City Attorney WITNESSES: CONTRACTOR Print Name: Print~ame: Jo~'~ ~-cL ~ ~/,,~-~ Social Security No.: Or Print Name: Federal Tax I.D. No.~°i- O~,5;5~G (SEAL) STATE OF FLORIDA ) ) SS: COUNTY OF PALM BEACH ) The foregoing instrument was acknowledged before me this __ day of ., 2004 by who is personally known to me or has produced (type of identification) as identification. Signature of Notary Public - State Of Florida ~F~O~'I~, LIPB RECREATION 561-835-7033 PHONE NO. : 561 835 ?033 Rug. 09 2004 02:03PM P2 FROM :;:~KS RECREATION DE;~T FAX NO. ;561 24~ '~68 Rug. 09 ~ iI:.~GAM P~ Memorandum To: Association for l~,etard~ Citizens- .~ulJc Lobdelli Through: ?an~s and _ .l~on Director ~ ;Toe Weldon From: As.gst~t Director oi'Parks and Reoreation - l~eh Cormel! Date: Subj~t: Agreement betweea Lhe Association for Retarded Citizens and City o£ Delray Beach Per ~epbone conversation this morning with Julie Lobaell from Associetioa for l~etarded Citizens, t~e Cji7 of De{ray Beach Parks and R~reation Out oi'S~hool Progn~m and A~mo~iation for ~q~tarded Citizc~s agree to the followini} reSard{n~ the 2004 propoa~ contra, ctuaJ a~reement: 1. Cu~eat A~ociation for Retarded Citizeus employee Mr..Michael Pet~oBJd will report ~o work aa close to 2:00 PM as po$$ib}e uvcn though we a~c aware i: will be olosnr m 2:30 PM o~ sohooldays as he is attcmting High School himself_ Only if there is a problem with this employee reportlua To work later ~ha, u 2:30 PM will the City ot'Delray Beach request a replacement who can report to work ai 2:00 PM as mpeciiied in the proposed eontraa. 2. Advanced iuvoieing for psymeut will not be utilLmed by the Association for Retiu'dog CJti~e{~ with the City oi'Delray ]~e~_c_h as provided ~ in the proposed ooatrac~. The City ot'Delray Reach will cominue to send reimbursement checks directly to the A,ssociatlon for Retarded Citizens per lie City's bi-wcckiy pay schedule employees as is being done c~rrengy_ IUch~rd L, Council A~ist~lt Direotor Parks and Ke~'~tion R_-c_reation Superinteud~n{ - Rodger Rlbeiro Out of Sciloo! Program Director - Tonye Smith Date: Aug. 31~ 2004 AGENDAITEM NUMBER: ~)~ AGENDA REQUEST Request to be plaeed on: Consent Agenda x l~gular Agenda Workshop Agenda Special Agenda ~'hen: sept. 7, 2004 Description of Agenda Item (who, what, where, how much): Request approval of an ±ndependent contractor agreement for a tra±ned ±nclus±on spec±al±st provided by The Arc for a spec±al needs ch±id ±n our Out of School Program. The approximate annual amount of $16,190 w±ll come out of account #001-4105-572-34.90. Department Head ~._ ~.~ ~._~ Signature: City Attorney Revie~Recommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): ~/~nding Available: e~ No Initials~, f Account Number ~ [~ ~/o 5 - ~ q ~ - ~ ? ~ Description~ ~ ~e_~ ~ ] ~ C v~~ ~'~ Funding ~ternatives: (if app~cable) City Manager Review: Approved for Agenda: ~/No Initi~s: ~ Hold Until: ~ ~ A~enda Coordinator Review: ~eceived: TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER ~/I// SUBJECT: AGENDA ITEM # ~ ~2~ - REGULAR MF.I~ING OF SEPTEMBER 7. 2004 SENIOR COMMUNITY SERVICE PROGRAM DATE; SEPTEMBER 3, 2004 This is before the Commission to approve the Parks & Recreation DepatUnent's participation as a host agency in the Senior Community Service Employment Program. Basically, the Semor Community service Employment Program is a program in which the American Associations of Retired Persons (AARP) works with non-profits and public organizations to provide temporary income to economically disadvantaged individuals 55 and older while in a work/training assignment. Recommend approval of the Parks & Recreation Deparla~ent's participation as a host agency in the Senior Community Service Employment Program. S:\City Clerk\agenda meme~\Senior Eommuaity Se-evlce Prog~an~09.07.04 rlTY OF DELAI:IY BEACH pe, Lroa~ ~,eaSH~ ~ 100 N.W. 1st AVENUE DELRAY BEACH, FLORIDA 33444.561/243-7000 NFAmedcaCity 1993 2001 TO: David Marden City Manager FROM: Joe Weldon Director of Parks and Recreation SUBJECT: Senior Community Service Employment Program DATE: August 31, 2004 Attached please find information concerning the Senior Community Service Employment Program administered by the American Association of Retired Persons and funded by the Department of Labor. Basically, this is a program in which AARP works with non-profits and public organizations to provide temporary income to economically disadvantaged individuals 55 and older while in a work/training assignment. Important aspects of the program are as follows: 1.) The goal of AARP is to provide useful community service and to assist enrollees with developing the skills they need to obtain a permanent unsubsidized job in the community. The benefit to the City is that it provides us with temporary manpower that may help us strengthen programs and improve existing services to the community. 2.) Enrollees are required to take part in workshops on topics such as self-assessment, resume preparation and interviewing skills. 3.) AARP pays the salary and the length of assignment is determined by many factors. An enrollee is assigned to an agency until hired by that agency, hired by another employer, transferred to another host agency, or otherwise separated from the program. 4.) The City is under no obligation and can discontinue the agreement with AARP at any time. 5.) AARP would provide for a physical exam and workers compensation for the enrollees. 6.) As a host agency, we agree to provide background screening, supervision, training, and a safe work site for each enrollee. THE EFFORT ALWAYS MATTERS 2 7.) We would interview employees sent to us by AARP and, if not satisfied with the employee, we can request that they be reassigned to another agency. We would also agree to consider qualified enrollees for permanent positions when and if they become available. 8.) AARP will monitor the enrollees' progress and will assist with evaluating the enrollees' work. 9.) AARP SCSEP currently has 94 sites in 31 states and Puerto Rico. 10.) Risk Management and Muman Resources gave their OK to the program and the City Attorney reviewed the agreement for legal sufficiency. Susan initially had some concerns but they were answered by the attached e-mail from Kathleen Rapp of AARP. We have the benefit of interviewing the employee and supervising them in the work environment, while AARP picks up their salary. If the employee works out, we then have several part-time positions within our recreation center and parks, such as Office Assistant I, Staff Assistant, and Recreation Supervisor for which they would be eligible to apply if a vacancy should exist. If you concur, please place this on the September 7, 2004 agenda for City Commission consideration. JoeI~eldon Dirc~tor of Parks and Recreation At t achment JW:cp Ref:dhsrcmsrv Message Ribeiro, Rodger From: Babin, Frank Sent: Wednesday, June 02, 2004 2:08 PM To: Ribeiro, Rodger Cc: Hamilton, Harry; King, Nancy Subject: AARP Senior Community Service Employment (5/27/04 Ricks to Weldon memo) Harry Hamilton asked me to provide you with comment on the above subject. It would appear that these temporary, part-time, subsidized (no cost to the City) job assignments intended to develop job skills for senior citizens presents no greater an insurance risk that the current volunteer programs at the City. In fact, the risk is less, considering that "all enrollees are covered under the AARP Foundation SCSEP Workers' Compensation Insurance carder during their assigned hours and while performing their assigned tasks...". I also would assume the related task assignments would not involved high liability risk to the City, e.g., certain driving jobs, certain after school programs, etc. I have no major concems with this program. 6/2/20O4 rlT¥ UF DELRI:I¥ BEI:IrH CITY ATTORNEY'S OFFICE 200 Nw ,,, ^WNU~. DELR^y ~EAC., ~LOR,DA 33444 TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755 W~s Dim~ Une: ~1~4~7091 ~99~ DATE: June 4, 20~ TO: Rodger Ribeim, CPRP, Recreation Superintendent FROM: Susan A, Ruby, C~ Affomey SUBJECT: ~RP Commun~ Se~i~ Pr~ram I have reviewed the materials and agreements. I was unable to determine the length of the Host Agency Agreement. Is it for one year?. Is there a mechanism to terminate the program if the City desires to do so? If so, how much notice is required? Also, I want to call your attention to the fact that if an individual is not acceptable, then the City can request removal of an enrollee, but cannot discor{tinue their enrollment in the program, unlessthe Project Director so determines (see pg. 19). Please call if you have any questions. Cc: Harry Hamilton, Director of Human Resources Ribeiro, Rodger From: Ribeiro, Redger Sent: Monday, June 28, 2004 3:02 PM To: 'Rapp, Kathleen T. - K'l'Rapp' Cc: Ricks, David Subject: RE: Answers to your AARP SCSEP questions HJl Kathleen, I left you a voice mail. Our Assistant City Attorney stated what you outlined (highlighted in yellow) in your e-mail should be put in the contract. Once this is reviewed by and approved by our attorney's, I will request the City Manager sign the agreement and we can start the Community Service Program. From: Rapp, Kathleefl T. - KTRapp [mallto:KTRapp~aarp.ong] Sent: Friday, .lune 25, 2004 4:32 PPI TO: Rlbelro, Rodger Subject,' Answers to your AARP SCSEP questions Hi Roger, I apologize for the delay. My boss is the expert on the SCSEP program so she was the best person to answer your questions. Unfortunately, she's been out of town the majority of the past 2 weeks so I have been delayed in getting back to you. Here are the answers to your questions. There is not a set amount of time a host agency must be a host agency. While AARP SCSEP does have a Host Agency agreement which is renewed annually, it is not a binding contract and either the Project Director (PD) or the agency may choose, at any time, so end the host agency relationship. The normal protocol if an agency wishes to terminate the relationship is to contact the PD and ask that current enrollees be m-assigned to another agency. The only time we like information in writing is when an agency is asking for a particular enrollee to be re-assigned. This helps with our documentation of corractive action on enrollees. However, this is not a requirement and we work with supervisors if they feel uncomfortable putting their concerns in writing. The time an enrollee spends at your organization differs because it's based on the type of and amount of training an enrollee needs to ultimately be successful in the workplace. In general though, the time period is about 2-3 months but can be longer than that as I mentioned above. If your office is unhappy with an enrollee, you are under no obligation to keep that enrollee training at your office. Simply call Nedrs and she can take the action necessa~ to remove that person ASAP. If the answers are not specific enough, I can look into getting you a mere specific answer. Thanks so much and thank you for your patience, Kathleen T. Rapp National Program Consultant AARP Foundation SCSEP 601 E Street, NW B5-101 Washington, DC 20049 Direct dial: (202) 434-2024 Fax: (202) 434-6446 6~8~004 ~ Senior Community Service Employment Program HANDBOOK FOR ENROLLEES AND HOST AGENCY SUPERVISORS · , ~: AARP FOUNDATION SENIOR COMMUNITY SERVICE · ~' EiVfiPLOYIVtENT PROGRAM (SCSEP) ENROLLEE AND HOST AGENCY SUPERVISOR ttANDBOOK TABLE OF CONTENTS Welcome 1 What is the AARP Foundation SCSEP 2 What is the AARP Foundation 2 What is the AARP - .2 SECTION ONE: I/v[PORTANT PROGRAM [NFORMATION 3 Additional Information Regarding Funding 3 Our Mission 3 Our Mono 4 SECTION TWO: GETTING STARTED 5 As an Enrollee 5 The Enrollee's Responsibilities 6 Sample Enrollment Agreement 6 As a Host Agency Supervisor 7 Additional Responsibilities of A Host Agency 7 Benefits of Being a Host Agency 8 Sample Host Agency Agreement 9 SECTION THREE: PROGRAM SERVICES 10 Enrollee Meeth~gs and Workshops 10 The Employer Incentive Program 10 Intensive Services 10 Enrollment Reviews 11 SECTION FOUR: HOST AGENCY ASSIGNMENTS 12 Very Important Information About Assignments and Transfers 12 Job Descriptions 12 Evaluations 13 SECTION FIVE: SAFETY AND ACCIDENT INFORMATION 1 4 Workers Compensation 14 The AARP Foundation/SCSEP Safety Program ! 4 Accident Reporting ] 4 TABLE OF CONTENTS (CONTINUED) SECTION SIX: PAYROLL AND TIMESHEETS 15 Payroll Periods and Paychecks 15 Direct Deposit 15 Time And Attendance Repons 15 Correcting Errors on Time Sheets 16 Work Hours, Overtime and Compensatory Time 16 Host Agency Closings 17 Policy Regarding Unpaid Leaves of Absence 17 Sick Leave Policies 17 Additional Sick Leave Policies 17-18 SECTION SEVEN: ADDITIONAL PROGRAM INFORMATION AND POLICIES 19 Policy Regarding Weapons ~n the Workplace 19 Policy Regarding Disciplinary Procedure 19 Grievance Procedure 20 Paid Holidays 20 Bereavement Leave 20 Jury Duty 21 Physical Examination 21 AARP Membership 2 l Political Activity 21 Federal Regulations 21 WELCOME to the AARP Foundation Senior Community Service Employment Program (SCSEP). You are now part of a team of people eager to assist older workers in our community to overcome barriers and secure employment. Through the contacts made and training received at Host Agencies, our enrollees will have the chance to overcome any personal barriers and to develop those skills necessary to remain competitive in today's diverse job market. The purpose of this handbook is to provide information on AARP Foundation's SCSEP policies, your responsibilities as either a Host Agency partner or temporary program enrollee, and our efforts to assist enrollees in obtaining employment outside '~he program. While providing services to enrollees, the AARP Foundation Senior Community Service Employment Program also provides its Host Agencies with the temporary manpower that may help them strer~gthen programs and improve existing services'to the community. During their enrollment period, enrollees will have an opportunity to work at one or more non-profit or public agencies where skills will be updated or sharpened and work experience will be gained. Enrollees will receive employment referrals, be required to make employer contacts, and to take part in workshops on topics such as self-assessment, resume preparation, 'and interviewing skills. While the AARP Foundation Senior community Service Employment Program staff is always ready to assist, the ultimate success will depend on the enrollee. Successful enrollees have certain things in common: they communicate to the SCSEP and Host Agency staff their employment goals and interests, they take action each day to search for and prepare for employment, and they open their minds to new ideas and opportunities. We look forward to the rewarding experience of working together to obtain employment for all program enrollees. 12/02 1 WHAT IS THE AARP FOUNDATION SENIOR COMMUNITY SERVICE EMPLOYMENT PROGRAM (SCSEP)? The AARP Foundation SCSEP is an economic program with a social benefit, not a social program with an economic benefit. More specifically: · The SCSEP is a grant program funded by the U.S. Department of Labor and administered through the AARP Foundation. The program is designed to provide temporary income to economically disadvantaged and financially eligible individuals 55 and older while in a work/training assignment. · 'The SCSEP is not an entitlement or income maintenance program and the assignments enrollees have while enrolled in the program are not "jobs." J SCSEP enrollees' main goal is finding and accepting unsubsidized employment. The goal of the AARP Foundation SCSEP is to provide useful community service and to assist enrollees with updating or developing the skills they need to obtain a permanent "unsubsidized" job in their community. WHAT IS THE AARP FOUNDATION? The AARP Foundation is an affiliated, 501(c)3 nonpartisan, charitable organization, established in 1960. It administers publicly and privately funded programs, such as AARP Tax Aide and AARP Senior Community Service Employment Program. The Foundation also carries out national litigation through AARP Foundation Litigation and the Washington D.C. based advocacy programs funded through Legal Counsel for the Elderly, Inc. These programs also receive support from AARP. WHAT IS THE AARP? AARP is the nation's leading organization for people age 50 and older. It serves their needs and interests through information and education, advocacy, and community services that are provided by a network of local chapters and experienced volunteers throughout the country. The organization also offers members a wide range of special benefits and services including Modern Maturity, My Generation, and the monthly Bulletin. 12/02 2 SECTION ONE IMPORTANT PROGRAM INFORMATION The following information will provide you with a better understanding of your responsibilities as an SCSEP partner and of our responsibilities to you as a program participant. Whether you are a job seeker looking for assistance or a community agency wishing to provide training to older workers, you must understand the true mission of the program. It is only with this understanding and commitment to follow policies and procedures that the program can be successful for our partners. All enrollees in the program are asked to sign an agreement (see sample in Section Two below) that outlines our responsibility as a sponsor and their responsibility as a participant. It is important for both enrollees and host agency partners to understand the policies and responsibilities each participant agrees to upon enrolling in the SCSEP. Additional Information Regarding Funding Given that the total of all the funding provided for all sponsors and states under Title V of the Older Americans Act can reach less than 3% of the eligible population, this erosion of available funds means that we can help fewer and fewer older individuals gain the skills and confidence they need to find real employment and better their lives: It makes it even more critical that we free up as many enrollee slots as possible by placing individuals in unsubsidized employment so that we can bring new enrollees into the program. It also means that those individuals who fail to actively participate in their host agency training assignments and in the unsubsidized job search process as required by the grant could be separated to make room for new enrollees. Our Mission The AARP Foundation SCSEP is in the business of improving the quality of life for Iow- income, financially eligible seniors by assigning them to temporary subsidized training and assisting them in their search for unsubsidized jobs in their community. We are the stewards of federal funds appropriated to recruit, train and place eligible persons in unsubsidized employment. Our success adds directly to the economic vitality of the communities in which We work by providing a source for dedicated, trained, mature workers. A corollary benefit is the partnerships we form with public and non-profit Host Agencies that provide a short-term training environment for each of our enrollees, and in return, receive a temporary supplement to their staff at no cost. This partnership provides our communities with millions of hours of service annually that would not otherwise be available. 12/02 3 Our Motto "Your Job Is To Get A Job, Our Job Is To Help You? 12/02 4 SECTION TWO GETTING STARTED As An Enrollee Program staff must first determine your eligibility for enrollment. Eligibility is based on age, residency and income guidelines established by the U.S. Department of Labor. Once that criterion has been met, enrollment forms are completed and program services begin. These services will include: · An assessment of skills A formal program orientation · The creation of an Individual Employment Plan which will identify barriers to employment and recommended assignments, training and services to overcome these barriers. · Assisting you with setting employment goals · Referrals to employment opportunities Follow-up meetings, evaluations and reviews to determine your progress and "next steps" in your enrollment The Enrollee's Responsibilities As an enrollee on the program, it is impqrtant that you communicate your activities, concerns, progress and goals to the Project Office staff. It is only with this open communication that we can fully assist you with realizing your employment goals. This communication should include, but is not limited to: 1. When you are unable to report to your Host Agency as scheduled, you will contact both the Project Office and your Host Agency supervisor in a timely manner. 2. You will notify the Project Office before making any changes to your scheduled work hours at your assignment. 3. You will tell your Host Agency supervisor of your employment goals and request his or her assistance with locating a permanent job. This includes applying for appropriate jobs available at the agency. 4. When you apply for a job or go on an interview, you will contact the Project Office so your job search efforts can be noted in your file. 5. You will register with the State Employment Service or One-Stop and will notify the Project Office when this has been completed. 6. You will notify the Project Office immediately if there are changes to your income or family size. Changes to personal information such as address, telephone number or marital status must also be communicated to the office in a timely manner. 7. If you encounter problems with your training assignment, duties, supervisors, co- workers or staff, or if you are injured or become ill while at your assignment, you will report these issues to the Project Director in a timely manner so the issues can be resolved. 8. Most importantly, when you accept permanent employment off the program, you will notify the Project Office im'mediately. 12/02 5 SAMPLE ENROLLMENT AGREEMENT (1) The purpose of the SCSEP is to provide community service while I actively work to find a job. When I enroll and/or get a job off the program I may lose all or part of those public benefits I now receive. These benefits may include: Public Housing, Food Stamps, SSI/SSD, and Medicaid. a. I am currently receiving: Public Housing , Food Stamps , SSI/SSD Medicaid Other No Benefits b. I acknowledge that upon enrollment and/or when I find unsubsidized employment that I may lose all or part of the benefits noted above.~ (Initial) c. I agree--even if I may lose benefits--to cooperate with the Project Director/Employment Specialists by: · accepting referrals and interviews for unsubsidized iobs (Initial) · conducting an ongoing search for unsubsidized employment as specified in my IEP and as directed by the Project Director and/or project site staff (initial) · accepting regular transfers of my Host Agency assignments as necessary to further my training and work experience (initial) · maintaining registration with the State Employment Service and/or One Stop center (Initial) · attending job search training, job clubs, enrollee meeting, etc., when required by the Project Office, and to engage in continuing unsubsidized job search activities. (Initial) (2.) SCSEP is a short-term, work-training program to prepare me for unsubsidized employment. This short-term training opportunity is not permanent employmenL SCSEP enrollees are considered to be in temporary, training status, preparing to accept unsubsidized employment off of the program. The program is not an entitlement, nor is it designed to provide income maintenance. acknowledge that my training with the Host Agency is NOT a job and I am not an employee of either the AARP Foundation or the Host Agency to which I am assigned. (Initial) (3) The Project Director may change or terminate my work-training Host Agency assignment at any time. I should expect to be transferred more than once during my tenure on the program. I may not volunteer time at the Host Agency, and I will not be paid for any time that was not authorized or that was performed outside of my work-training schedule. In addition, the Host Agency may request my removal anytime my behavior, attendance, attitude, or aptitude for the training assignment proves detrimental to the agency or SCSEP./Initial) (4) AARP Foundation SCSEP may change enrollee benefits and guidelines at any time, and reduce my hours if necessary due to budgetary constraints. (Initial) (5) My enrollment in the SCSEP is based on a number of things, including my continuing eligibility, satisfactory performance of my work-training assignments at Host Agencies, and my willingness to actively cooperate in the job search process as spelled out in my IEP and directed by the Project Director and/or project site staff. If information I provided to meet the program's eligibility is inaccurate I may be subject to immediate dismissal. (Initial) (6) I understand that tenure in the SCSEP is normally months, not years. Under normal circumstances an enrollee will have taken advantage of all the services available in this program after two or three training assignments and should be well on his or her way to finding unsubsidized employment off the program. Given our limited funding and the number of eligible individuals who need our help, we cannot keep individuals on the program who have exhausted all our services. (initial) By signing this Agreement, I acknowledge receiving the Enrollee Handbook, an orientation to the SCSEP, and a copy of the Job Description for my Host Agency assignment. By signing I agree to comply with alt policies and procedures of the SCSEP. I further understand that failure to comply with the terms of this agreement could put my enrollment at risk and may result in my separation from the program. 12/02 6 As a Host Agency Supervisor Program staff will meet with you to further explain the SCSEP and its mission and to determine if your agency qualifies to serve as a training site. Federal Regulations require that all SCSEP Host Agencies be either 501 (c)3 non-profit organizations or public agencies. Proof of non-profit status, if applicable, will need to be obtained and kept on file at the AARP Foundation SCSEP Project Office. Staff will seek your input on determining what training opportunities might be available at your agency and will work with you to develop a job description for these training positions. Once qualified, an official representative of your agency should be designated to sign the Host Agency Agreement (see sample below). This individual should also determine who will be directly supervising the enrollees assigned to the agency. These supervisors must also sign the Host Agency Agreement as designees to sign enrollees' Time and Attendance Reports. All paperwork must be on file in the SCSEP office before an enrollee may begin training. In order to ensure that your agency continues to provide viable training opportunities for our enrollees, your participation as a Host Agency will be evaluated each year. At that time, you will be asked to sign a new Host Agency Agreement indicating that you continue to support the mission of the program. If, during this annual review, it is determined that the Host Agency is not fulfilling its obligation to adequately train, supervise and guide the enrollee toward securing permanent employment, the SCSEP may discontinue its agreement with the agency and enrollees may be re-assigned. dditional Responsibilities of a Host Agency Prior to committing your agency to become a training site for SCSEP enrollees, you should understand and agree to the following: 1. The Host Agency will bear the cost for security/police checks and/or health screenings required by the agency. 2. The Host Agency will provide a safety'~)rientation to al! assigned enrollees 3. The Host Agency will notify the Project Office' if th~ enrollee's Supervisor is ' compensated with Federal Funds. il4. The Host Agency agrees to consider qualified SCSEP enrollees for permanent positions within the Agency when and if they become available. 1~'Very Important, Please Note It is illegal for SCSEP enrollees to substitute for agency staff positions either directly or indirectly. Federal funds may not be used as a substitute for local funds. ~Enrollee training pos tons may~not rep ace or f vacan~t~pos t OhS within the Host Agency. 'All SCSEP enrollee positions must be in ~ddition to positions already funded by the Host Agency without assistance from SCSEP. AARP Foundation SCSEP must not influence the displacement of currently employed workers, including partial displacement, such as reduction in hours of non-overtime work, wages or employment benefits. Enrollees may not be assigned to complete the same or substantially similar work performed by any other person who has been laid off from the Host Agency. 12/02 7 Very Important, Please Note: Your program must be able to operate independent of the fact that one or more enrollees are assigned to a training position. If there is an indication that this policy is being violated in any way, all enrollees currently assigned to your agency will be re-assigned and our agreement with your agency will be terminated. Benefits of Being a Host Agency SCSEP can provide your organization with the temporary additional manpower necessary to strengthen the programs and~services you provide to the community. Many of our Host Agency supervisors have found that they are able to delegate work assignments and complete priority tasks more effectively by having one of our enrollees train at their agency. Upon enrollment and to determine the best training opportunity, the SCSEP staff assess the skills and abilities of each enrollee. This allows the staffto make the most appropriate assignment that will allow the enrollee to focus on those skills that will support his or her employment goals and it allows your agency to work with an individual who has an aptitude for the tasks involved in the training assignment. This could mean that you may not always have an enrollee assigned to your agency even though you have a signed agreement with the program. The SCSEP staff will monitor the enrollee's progress in the assignment and will assist you with evaluating the enrollee's performance. Because we are eager to have enrollees gain as much experience as possible during their short enrollment with us, all enrollees should expect regular reassignments to another host agency to ensure they are given every opportunity to broaden skills and gain the breadth of work experience necessary to compete for quality unsubsidized employment in the community. However, many of our Host Agency supervisors have also found that as permanent jobs become available at the agency, they are able to fill the positions with trained SCSEP enrollees, already well versed in the mission of the agency, rather than starting over with untrained or unfamiliar job applicants. 12/02 8 SAMPLE HOST AGENCY AGREEMENT Host Agency: Address: Phone: Fax: The above named agency/organization, an equal employment opportunity employer, requests the services of enrollees from the AARP Foundation Senior Community Service Employment Agency. Thi~'~gency is: ..... Enrollee Supervisors are: A Non-Profit Organization [] Compensated with federal funds. (Tax exempt under the Internal Revenue code 501 (c)(3)) A Public Organization [] Not compensated with federal funds. To ensure our host agency partners understand their important role in the daily lives of our enmltees and their responsibilities in supporting each enrol[ee's quest for an unsubsidized job, we ask that each host agency supervisor cleady understand and support the' following requirements that are part of each enroliee's agreement with our program: (1) The purpose of the SCSEP is for an enrollee to provide community service while they actively pursue unsubsidized employment off of the program. When an individual enrolls end/or gets a job off the program they may lose their public benefits. These benefits may include, but are not limited to: Public Housing, Food Stamps, SSI/SSD, and Medicaid. (2) Enrollees are asked to cooperate with the Project Director and Employment Specialists by: accepting referrals and interviews for employment outside the program; conducting an ongoing search for unsubsidized employment as specified in their IEP and as directed by the Project Director and/or project site staff; accepting regular transfers to other host agency assignments as necessary to further their training and work experience; maintaining registration with the State Employment Service and/or One Stop Center; attending job search training, job clubs, enrollee meeting, etc., when offered by the Project Office, and to engage in continuing unsubsidized job search activities. Note: These activities may cause the enrollee to miss some hours at their host agency (3) The Senior Community Service Employment Program (SCSEP) is a short-term, work-training program to prepare er~rollees for unsubsidized employment of off the program. The program is not an entitlement, nor is it designed to provide income maintenance. SCSEP enrollees are considered to be in training status, preparing to accept unsubsidized employment. They, and you as the host agency supervisor, must understand and accept that training with the host agency is a short-term training opportunity, NOT a job, and that enrollees are NOT employees of either the AARP Foundation or the host agency to which they are temporarily assigned. (4) Host agencies must not use enrollees as substitutes for permanent employees in their agency. Federal regulations prohibit this violation of "maintenance of effort." Host agencies must not substitute federal dollars for Ioca} dollars. Enrollees are additions to, not substitutes for, regular agency staff. (5) Host agencies agree to give serious consideration for any permanent job openings in the agency to qualified assigned enrollees. This Host Agency agrees to provide supervision, training, and a safe work site for each assigned enrollee. The Host Agency also agrees to the provisions outlined in the Enrollee - Host Agency Handbook provided by the program as a condition of participation in the Senior Community Service Employment Program. 12/02 9 SECTION THREE PROGRAM SERVICES The AARP Foundation SCSEP offers a number of program services to its enrollees to provide them with the tools, information and training they need to be successful in getting and keeping a permanent job. Upon enrollment, all enrollees are provided with a formal program orientation that provides them with information on topics such as: sick leave, policy of no overtime or compensatory leave, pay periods and paydays, Time and Attendance Reports, Project Office staff, holidays, safety procedures and accident reporting, grievance procedures, enrollee meetings, limitations on political activities, evaluations, and policy of separation for inactivity. Enrollee Meetings and Workshops Periodically, the Project Director may hold meetings or workshops to provide enrollees with training or information on job searching, employment trends and opportunities or information relevant to older workers. Attendance at meetings or workshops is mandatory for enrollees as directed by the Project Director. · Enrollees must notify the Project Director in advance if unable to attend the meeting. · Enrollees report to the meeting location instead of to their Host Agency for that day but are paid for hours attending the meetings. · Host Agencies must be fully supportive of the enrollee's absence to attend such meetings or workshops. The Project Office will make every effort to inform Host Agency supervisors of planned meetings and related enrollee absences. The Employer Incentive Program The SCSEP staff work hard to develop relationships with businesses and organizations in the community and be seen as a staffing resource to employers. In an effort to further our standing in this area, the program is able to offer employers, both private and non-profit, a short-term opportunity to work with/train an enrollee to determine if the enrollee skills and experience match well with those required for an available position. Further information regarding this "502(e)" Incentive program can be obtained from the Project Director. Intensive Services At any point in an individual's enrollment period, he or she may be assigned to participate in the program's Intensive Services assignment. During this time, the enrollee will be assigned to work directly with the Project Director and program staff to complete job development activities including, but not limited to, resume preparation, interviewing for prospective jobs, attending job clubs, updating the Assessment and IEP, etc. Following the Intensive Services assignment, the Project Director will make recommendations on the most appropriate next step in the individual's enrollment which may be accepting an appropriate unsubsidized job, returning to the same assignment as the enrollee had prior to taking part in intensive Services, transferring to a new assignment for additional training, entering a 502(e) assignment, or separating from the SCSEP. 12/02 10 Enrollment Reviews In the rare instances that an enrollee remains on the program for one year or longer or if a Project Director believes that an enrollee's progress toward meeting his or her employment goals has stalled, the program is required to conduct a series of updates to the enrollee's personnel file to ensure eligibility for continued enrollment. These updates may include: · A re-certification of the enrollee's income to determine that he or she is still income eligible to participate in the SCSEP · An update to the enrollee's Individual Employment Plan to determine if previous goals set are still appropriate and to identify additional actions that need to be taken to support current goals Following these updates, the Project Director may formally endorse the enrollee's continued parti(~ipation in the program and will identify "next steps" in the individual's progress which may include returning to his or her current assignment, being reassigned to another agency for further training, or taking part in the program's Intensive Services assignment. If the enrollee's continued participation in the program is not endorsed by the Project Director, alternate services will be discussed and the separation 3rocess will begin. 12/02 11 SECTION FOUR HOST AGENCY ASSIGNMENTS The information provided through assessing an enmllee's past experience, current interests, training needs, and employment goals assists the Project Office staff in determining the most appropriate Host Agency assignment for an enrollee. ~'Very Important Information About Assignments and Transfers 1. An assignment must net be confused with a permanent job. A permanent job, or "placement", occurs when enrollees are paid by an employer and no longer paid by the AARP Foundation SCSEP. 2. The length of ar~y assignment is determined by many factors. An enrollee may be assigned to an agency until hired by that agency, hired by another employer, transferred to another Host Agency assignment, or otherwise separated from the program. 3. Enrollees may not be assigned to a Host Agency in which any member of his or her immediate family is employed in an administrative capacity and/or serves as a ' Supervisor to that_ enrollee. 4. The Host Agency or the enrollee can request a transfer to a different Host Agency. In addition, the Project Director reserves the right to transfer the enrollees to another assignment at any time. 5. When the Host Agency requests an enrollee be transferred, the Project Director may request further documentation to better help the enrollee succeed with their next assignment. 6. When an enrollee separates from the program, it may not always be'possible to give the agency prior notice and it may not be possible to replace the enrollee with another. The Project Office will make every effort to keep the Host Agency personnel informed of changes. Job Descriptions A job description for each training assignment must be developed with input from the Host Agency supervisor and SCSEP staff, signed by the enrollee and retained in the Project Office. By signing the job description, the enrollee indicates they are willing and able to perform the duties listed. Please note the following: 1. Enrollees must only perform those duties listed on the job description. 2. Enrollees must notify the Project Director if asked to perform duties not listed on the job description. 3. Please note: The notation "and all other duties as assigned" or similar language may not appear on any enrollee's job description. 4. Job Descriptions may be created listing duties that offer opportunity to grow into additional responsibility. Any activity an enrollee may be asked to perform must be indicated in the job description. 12/02 12 5. Enrollees may not drive their personal vehicle as a part of Host Agency duties. However, an enrollee may drive a vehicle belonging to the Host Agency if it is listed as a duty on the job description, has been approved by the Project Director, and is covered by the Host Agency insurance With a copy of the coverage on file in the AARP Foundation SCSEP office. ~'Very Important, Please Note Continued or deliberate failure to comply with these responsibilities may result in disciplinary procedures up to and including separation from the program for the enrollee and/or discontinuing the partnership with the Host Agency. .~valuation s Periodically, the Host Agency supervisor will be asked to formally evaluate the enrollee's work performance and provide comments on areas in which the enrollee is performing well and guidance on areas in which the enrollee could improve. The resulting feedback and discussions the supervisor has with the enrollee is invaluable for the enrollee to develop those skills necessary to get and keep a permanent job. When it is time for the evaluation to be completed, the appropriate form will be sent to the supervisor along with guidelines for completing it, discussing results with the enrollee, and returning the form to the Project Office. 12/02 13 SECTION FIVE SAFETY AND ACCIDENT INFORMATION The AARP Foundation SCSEP holds the safety, welfare, and health of its staff and enrollees in the highest regard. No task is so urgent that it cannot be done safely. By agreeing to supervise enrollees, host agencies are also agreeing to provide a safety orientation and to provide the enrollee with the proper information, tools and working environment to safely perform their assigned tasks. By enrolling in the program, enrollees are agreeing to exercise maximum care and good judgment in preventing accidents. Workers Compensation All enrollees are covered under the AARP Foundation SCSEP Workers Compensation insurance carrier during their assigned hours and while performing their assigned tasks as identified in.their job description. To ensure continued coverage, it is very important that enrollees and/or supervisors communicate changes to job duties or scheduled hours to the Project.Office staff immediately. ~,/~'he AARP Foundation SCSEP Safety Program 1. SCSEP staff must complete a safety review of the Host Agency work environment before the enrollee may begin the assignment. After the initial review, safety reviews of the agency will be completed on an annual basis. 2. All enrollees must view the safety video during program orientation that must occur prior to starting their initial assignment. 3. All enrollees must receive an Enrollee Assignment Safety Review, completed by the Host Agency supervisor, within 1 month of their start date at any assignment. Once completed, the Host Agency supervisor must return the form to the Project Office. 4. All enrollees must receive an annual Enrollee Assignment Safety Review in the unlikely event that they are at the same assignment after 1 year. 5. Enrollees should report any unsafe conditions, equipment, or practices to their Host Agency Supervisor and the Project Director or Project Office staff. 6. Host Agencies must agree to provide the protective equipment required for completing the tasks on the enrollee's job descripti(~n safely. 7. AARP Foundation SCSEP encourages enrollee participation on Host Agency safety committees. Accident Reporting If an enrollee has an accident or suffers an occupational illness during his or her Host Agency assignment, the Project Office must be notified immediately. 1. If immediate medical attention is required, the Host Agency should assist the enrollee in obtaining emergency medical treatment and notify the Project Office immediately. 2. If medical attention is not considered an emergency, the Project Site staff will contact the medical providers used by AARP Foundation SCSEP's workers compensation insurance carrier and the enrollee will be contacted concerning his or her appointment date and time. 3. Following the accident or illness, the Host Agency Supervisor will be asked to complete a Supervisor's Accident and Investigation Report and return it to the Project Office. 12/02 14 SECTION SIX PAYROLL AND TIME SHEETS Enrollees are paid for their time at their Host Agency or other training assignments by the AARP Foundation SCSEP, not by their Host Agency. Host Agency supervisors are responsible for accurately recording the hours an enrollee works each day at his or her training assignment. Following are impodant payroll procedures all enrollees and supervisors should follow in documenting hours and transmitting this information to the Project Office. Payroll Periods and Paychecks A payroll period covers 14 days beginning on a Sunday and ending the second Saturday. Time and Attendance Reports must be returned to the Project Office as soon as possible after the last day of the pay period so that the hours may be processed and there will be no delay in enrollees receiving their paychecks. Payroll is processed at the Project Office the week after the end of the payroll period. Checks are generated from our National Headquarters in Washington DC the following week. For new enrollees, this payroll process could mean that there will be a delay of up to one month before receiving their first check from the program and they should plan accordingly. Direct Deposit Direct deposit of an enrollee's paycheck is available. This is often the fnost efficient and safest way for an individual's paycheck to reach their bank and it is strongly encouraged, though not required, that an enrollee sign up for this service. Forms and instructions can be obtained from the Project Office. ~Very Important, Please Note Enrollees who do not have an established bank account and/or do not choose to use direct deposit may be assessed a charge of $5 or more when cashing their payroll checks at a banking or check cashing institution. This charge must be paid by the enrollee and will not be paid by the program. Time And Attendance Reports Host Agency Supervisors will be provided a Time and Attendance Report by the Project Office at the beginning of each pay period for each enrollee assigned to their agency. · Host Agency Supervisors are responsible for maintaining control or and accurately recording the hours an enrollee works each day. Note: Enrollees may not record their own hours on their time sheet. · Host Agency Supervisors should record the exact, actual hours an enrollee works just below the appropriate day on the time sheet in the row titled "Hours." Only the hours an enrollee was physically present at the Host Agency to the nearest half-hour should be recorded on the time sheet. 12/02 15 · Time and Attendance Reports must be completed in blue or black ink only and never in pencil. · When an enrollee is absent from their assignment, the time sheet should be marked with the appropriate code as indicated at the bottom of the time sheet. "O" Absence "B" Bereavement Leave "H" Holiday (as authorized by AARP Foundation SCSEP) "SK"Sick Leave "CT"Training · The Host Agency supervisors authorized to sign enrollee time sheets will be listed on the left side of the time sheet. If there are changes to those authorized to sign the time sheets, the Project Office must be nOtified. · :i-he enrollee and Host Agency Supervisor sign and date the time sheet after all hours have been worked in the pay period and recorded on the time sheet. · Signatures indicate correctness of the time sheet, which serves as a legal document. Enrollees must never si.qn blank time sheets. · Once the time sheet is completed after the last day the enrollee works in the pay period, the Host Agency Supervisor must return the time sheet to the Project Site Office by faxing, mailing, or hand delivering. The Host Agency should keep a copy for their files. · In California only, supervisors must also indicate the start and end times of the enrollee's work day. This policy is in response to California labor laws. Also in California only, enrollees must initial that they have taken their mandated breaks during each work day as required by California labor laws. Correcting Errors on Time Sheets If an error is made in recording work hours on an enrollee's Time and Attendance Report, corrections should be made by drawing a single line through the error and indicating the correct information. The Host Agency Supervisor and the enrollee should initial and date each change made to the time sheet. At no time should correction fluid ("white-out") be used to correct time sheets. Work Hours, Overtime and Compensatory Time In most cases, an enrollee will be assigned to train at the agency 5 days per week, 4 hours per day. There may be variations to these hours depending on the training assignment. 1. In no case may enrollees work more than 8 hours in one day or more than 40 hours in one week. 2. The Host Agency and the enrollee determine what the assignment hours will be. Once determined, enrollee's assignment hours must be on file in the AARP Foundation SCSEP office. AARP Foundation SCSEP provides the workers compensation insurance for enrollees and any changes to enrollee assignment hours must be immediately reported to the Project Office. 3. If an enrollee does work 8 hours in one day, he or she is entitled to an unpaid meal break. Time spent on breaks and meals is not to be included in the total work hours for the day. Only actual time worked is recorded on the enrollees Time and Attendance Report. (Note: Individual state laws may vary. The Project Director will inform enrollees and agencies of specific requirements based on state law.) 12/02 1 6 4. Enrollees must not be asked to work additional hours or to volunteer for any duties listed on their job description. 5. SCSEP does not authorize pay for ovedime or compensatory time. Enrollees who volunteer time at their regular assignment are in strict violation of SCSEP policy. Host Agency Closings If a Host Agency is closed on a day other than an AARP Foundation SCSEP paid holiday, arrangements should be made for the enrollee to make up the time missed durinq the same or next pay period. If a Host Agency is closed due to inclement weather or other emergency, and the enrollee is unable to work at the assignment, the enrollee will be paid for regularly scheduled hours for that day. Policy Regarding Unpaid Absences Enrollees who choose to take time away from their assignment must do so with the understanding that: · Their position may not be available upon their return and they may need to wait until sufficient resources are available to reassign them to a Host Agency. · They may not be able to go back to their former work training assignment. · They may be placed in No-Pay status for a maximum of 30 days before being separated from the program. · Enrollees who must take a leave of absence from the program must notify the Project Director in writing in advance. Sick Leave Policies Enrollees accrue limited sick leave during their enrollment in the program at a rate of one hour per payroll in which they work a minimum of 25 hours. The maximum accrual rate is 26 hours. Any accrued sick leave hours are tracked by the Project Office and those hours not used by the end of the grant year will be carried over to the next grant year (July - June). However, in no case will accrued sick leave exceed 26 hours. Sick leave cannot be accrued or used in increments of less than one full hour. ~'Very Important, Please Note Sick leave balances are not paid to the enrollee upon separation from the program. Additional Sick Leave Policies 1. Enrollees may use sick leave in times of personal illness or for other family health related issues. If possible, enrollees should request the use of family related sick · leave in advance. 2. Enrollees must contact the Project Office and their host agency when they will not be at their assignment due to sick leave. ' 3. Enrollees will not be paid for sick leave in excess of their accrued balance or be granted advanced sick leave pay. 4. Enrollees may be paid for sick leave hours corresponding to their normal work hours for the day(s), not to exceed 8 hours providing that a sufficient number of sick hours have been accrued. 12/02 1 7 5. If an enrollee is absent from an assignment due to sick leave, the Host Agency supervisor should write "SK" below the day(s) the enrollee was absent on the Time and Attendance Report. The Project Office will fill in any sick hours the enrollee has accrued. 6. If an enrollee has not accrued enough sick hours to be paid for the entire work day, the Project Office will note any sick hours accrued on the time sheet. 12/02 18 SECTION SEVEN ADDITIONAL PROGRAM INFORMATION AND POLICIES Policy Regarding Drugs in the Workplace As a condition of continued enrollment in the SCSEP, enrollees may not lawfully use, be under the influence of, distribute, dispense, possess, or manufacture drugs or alcohol during paid working or meeting hours on AARP Foundation SCSEP or Host Agency property. Note: Any violation of this policy can result in disciplinary action up to and including termination of enrollment. · Any violation of this policy must be reported to the Project Site Office immediately. · Legally prescribed medications are permitted as long as their use does not adversely affect ability to satisfactorily perform duties, enrollee safety, or the safety of others. · Enrollees found "guilty" (or entered a plea of nolo contendere), or sentenced to serve time, or both, for a Federal, state, or city criminal drug statute violation that occurred during work assignment hours on Host Agency or SCSEP property, must notify the Project Director within five days of the verdict or sentencing. · Convictions must be reported to the Federal Government. Policy Regarding Weapons in the Workplace It is against the AARP Foundation SCSEP policy to carry any weapon at any time during work hours, whether in the Project Site Office or meeting location or at a Host Agency. Note: Any violation of this policy can result in disciplinary action up to and including. termination of enrollment. · Weapon is defined but not limited to any firearm or any knife with a blade exceeding 2 ¼ inches. · If any enrollee is observed'carrying a weapon in the workplace, it should be reported immediately to the Host Agency Supervisor and the Project Director. Policy Regarding Disciplinary Procedure If a disciplinary problem arises with an enrollee, the Host Agency supervisor should contact the Project Director immediately. Host Agency personnel can request the removal of an enrollee, but cannot discontinue their enrollment in the program. Note: The Project Director has sole authority for enrolling and separating an individual. · The Project Director will attempt to resolve any conflicts. · If a resolution cannot be reached, the Project Director may arrange for a transfer of the enrollee to another assignment. · The Project Director will request a letter from the Host Agency Supervisor citing the reason(s) why a transfer is being requested. i 2/02 19 Grievance Procedure Procedures exist to provide enrollees with mediation of problems encountered at Host Agencies or with the Project Office Staff. The Grievance Procedure is available in the Project Site Office. · Upon request, the Project Director will provide the enrollee with the proper procedures for filing complaints. · The Project Director will also provide Host Agency Supervisors with a copy of and information about the AARP Foundation SCSEP's Grievance Procedure upon request. Other Enrollee Policies and Benefits Paid Holidays Ten paid holidays are authorized each calendar year. A list of these holidays is available and will be sent to enrollee and supervisors once published. Authorized holidays will also be noted on the enrollee's Time and Attendance Report with an "H" below the authorized day(s). 1. Enrollees may not work at their Host Agency on AARP Foundation SCSEP holidays even if their Host Agency is open. 2. Enrollees are paid 1/5~h of their regularly scheduled work week. Enrollees normally working more hours on a scheduled paid holiday may make up any time 10st within the same pay period if possible. Enrollees who normally do not work on the day the holiday occurs will still be paid for the holiday and adjustments must be made to their work schedule for the remainder of the payroll period so that hours do not exceed their normal total hours worked per pay period. 3. Host.Agency Supervisors are encouraged to provide enrollees with a listing of the Host Agency holiday closings. 4. If Host Agency and AARP Foundation SCSEP holiday closings are not the same, enrollees should be provided opportunity to make up any time lost within the same pay period if possible. 5. New enrollees who begin their assignments the day after the holiday(s) are not paid for those day(s). 6. Enrollees who have been placed in unsubsidized employment, but are pending their 30-day verification period are not paid for holidays occurring during this period. However, enrollees who begin an unsubsidized job the day after the holiday are paid for the holiday. 7. Enrollees who are in No Pay status for more than two weeks are not paid for holidays occurring during this status time. Bereavement Leave In the event of a death in the enrollee's immediate family, he or she may be paid for up to two consecutive working days for bereavement leave. Enrollees will be paid their regularly scheduled hours for days that are used for bereavement leave. 12/02 20 Jury Duty If an enrollee is called for jury duty, he or she must notify the Project Office and must provide the office with a Notification to Serve letter from the court. If called for jury duty, enrollees will be paid their regularly scheduled hours for the day(s) they are required to serve. Enrollees should inform the courts that they will be receiving regular pay, but may be entitled to and may accept reimbursement from the court for expenses. Physical Examination Upon enrollment, all enrollees are offered a physical exam paid for by the AARP Foundation SCSEP. The results of the physical are the property of the enrollee and will not be accepted by or retained in the Project Office. In the unlikely event that an enrollee is still on the program after one year, he or she will be offered an annual physical. Details regarding the amount reimbursed or to make arrangements to accept or decline the physical offer can be obtained from the Project Office. AARP Membership Enrollees'receive a one time only complimentary membership in AARP for a period of one year Upon enrollment. If already a member, the current membership period will be extended. With this membership, enrollees will receive the AARP Bulletin and Modern Maturity or My Generation magazine. Political Activity Enrollees may not participate in partisan or nonpartisan political activities during hours for which they are paid by the AARP Foundation SCSEP. This includes periods of paid sick leave, bereavement leave, jury duty and paid holidays. Federal Requlations Regulations governing the AARP Foundation Senior Community Service Employment Program are contained in the 20 Code of the Federal Regulations, Part 641, dated June 30, 1995. It is the responsibility of the Project Directors, Area Manager and other program staff to ensure compliance with these regulations. ~Very Important, Please Note All information contained in this handbook is subject to change, without notice, as a result of legislation or changes in Department of Labor or AARP Foundation SCSEP policies. Program staff will make every attempt to keep program participants informed of policy changes. For questions regarding areas not covered in this handbook, please contact the Project Director. 12/02 21 601 E Street, NW Washington, DC 20049 ~ www.aarp.org Iqcdra Savola, Project Director 202-434-2020 P.O. Box 10088 www. aarp.org/scsep Riviera Beach, FL 33419 Senior Community Service Employment Program The AARP Senior Community Service Employment Program (SCSEP) is a work-training program that has provided over 30 years of continuous service in communities across the country. Over the last ten years, AARP SCSEP placed oVer 30,000 people at least age 55 in jobs and provided over 80 million hours of no-cost community service through temporary work training assignments. The program has leveraged the scarce resources of over 8,000 community nonprofit organizations to greatly expand the delivery of needed services in 94 communities. Benefits of SCSEP accept temporary, part-time, paid AARP SCSEP provides training, assignments with nonprofit community motivation, and guidance to enrollees organizations to develop job skills while as they prepare to reenter the workforce continuing to pursue a permanent, with employers in the community, unsubsidized job. Employers gain motivated employees The program is funded by a grant under who are ready and eager to work. Title V of the Older Americans Act Enrollees train in community nonprofit (OAA) of 1965 to provide job training "host agencies," building new skills to and new skills .to eligible individuals prepare for unsubsidized employment. (those at least age 55 with incomes less Over 8,000 nonprofit host agencies than 125% of poverty). The Department around the nation gain the additional of Labor is responsible for managing help they need to expand key the program and providing the grant community services, funds. Program Facts and History AARP SCSEP currently has 94 sites in 31 The Senior Community Service states and Puerto Rico. Employment Program is a work training SCSEP's goal is for each of its enrollees program funded by the U.S. to obtain employment outside of the Departmem of Labor (DOLL Enrollees program. continued on reverse Date: Aug. 31, 2004 AOENDA ITEM NUMBER:~-~- AGENDA REOUEST Request to be placed on: Consent Agenda x Regular Agenda Workshop Agenda Special Agenda When: September 7, 2004 Description of Agenda Item (who, what, where, how much): Request approval for the Parks and Recreation Department to use temporary manpower provided by the Senior Community Service Employment Program administered by the American Association of Retired Persons (AARP) and funded by the Department of Labor. D.epartment Heaa~ _¢ ~'5 ~ S~gnature: ~ City Attorney Re~v~w/Recommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): Funding Available: Yes / No Initials: Account Number Description Account Balance: Funding Alternatives: (if applicable) City Manager Review: Approved for Agenda: ~/No Initials: ~ Hold Until: Agenda Coordinator Review: Received: M~MORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER~'a~ SUBJECT: AGENDA ITEM # ~_ - REGULAR MEETING OF SEPTEMBER 7. 2004 CONTRACT ADDITION/CHAZ EOUIPMENT DATE: SEPTEMBER 3, 2004 This is before the City Commission to approve a Contract Addition in the mount of $25,500.00 to Chaz Equipment for emergency force main repair work associated with the piping modifications at Lift Station 50. Funding is awil~ble from 442-5178-536-63.51 (Water/Sewer/Renewal/Replacement Fund/Sewer Mas). Recommend approval of the Contract Addition with Chaz Equipment for emergency repair work at Lift Station 50. S:\City Clerk\agenda memo~\Contxact Addition. Chaz Eqmpment09.07.04 City Of Delray Beach Department of Environmental Services M E M 0 R A N D U M www. mvdelraFbeach, com TO: David T. Harden City Manager FROM: Dan Beatty, ~ Deputy Direct~l~Public Utilities DATE: September 1, 2004 SUBJECT: Contract Addition Lining and Interior/Exterior Piping Modifications, Lift Station 50 Attached is an Agenda Request and Quotation for emergency fome main repair work from Chaz Equipment associated with the piping modifications at Lift Station 50. During the construction work previously approved by City Commission, it was determined that the existing 10" fome main which feeds Lift Station 50 from the east has deteriorated beyond repair. As a result it was necessary to replace approximately 360 feet of the existing main with new pipe. The quote from Chaz Equipment for this contract addition is $25,500.00 and will be funded from 44~-5178-536-63.51, Sewer Mains (budget transfer attached). ;~ ~,uO , Please place the item on the September 7, 2004 Agenda for consideration by City Commission. Attachments cc: Richard C. Hasko, P.E., Director of Environmental Services Bob Bullard, Utilities Maintenance Manager Jackie Rooney, Purchasing Manager City Clerk Agenda File S:\Environrnental Services\Dan BeaUty\09-01-04 Chaz Agenda mere.doc Wellington, Florida 33414 (561) 333-210g Fax: (561) 333-2180 REVISED REHABIUTATION PROPOSAL City of Delray Beach August 25, 2004 Mr. Dan Bsefly. P.E. Deputy Director of Public Utilities 100 N.W. 1st Avenue Detray Beach, Florida Re: Revised ProPOsal for Lift 8ration t~0 Rehabilitation w/channe order: Mr. Beatty, Please find below our revised proposal for the SewperCoat application and assoclatect labor the rehabilitation of Lift Station #50 in accordance with the City of Delray Beach P.O. ~21406, and the change order addition for the emergency replacement of incoming 10" forcemain; Item 1; L.8. ~ Rehabilitation ~P.O. ~[~2t406~ - 2220 Lowson Blvd. Rehabilitation of L,S, #50 wl valve~, fittings & SewperCoat as prev!ously proposed To(al Amount Item #1: Item 2: Chanoe Order to P.O. ~21406 - 10" Emergency Forcemain Replacement Emergency set-up bypass pumping end piping· Location of forcemain piping tie4n point. Remove 360 feet 10" DIP Forcemain from L.S ~i0 along South side of Lowson. Replace with 360 feet of 10" PVC SDR18 Green forcemain. Restoration as required. Total Amount Item ~2: $25,500.00 Tote! Revised Proposal Amount: $90,930.00 Brad Miller Project Manager AGENDA REQUEST No.~_ Agenda Item Request to be placed on: X Regular Agenda Date: Sept 1, 2004 Special Agenda __ Workshop Agenda When: Sept 7, 2004 Description of item (who, wh,~t, where, how much): Staff requests Commission Approval of a contract addition from Chaz Equipment for emergency force main repair associated with the piping modifications at Lift Station 50. During the construction work previously approved by City Commission, it was determined that the existing 10" force main which feeds Lift Station 50 from the east has deteriorated beyond repair. As a result it was necessary to replace approximately 360 feet of the existing main with new pipe. The quote from Chaz Equipment for this contract addition is $25,500.00 and will be funded from 44~Y-5178-536-63.51, Sewer Mains. ORDINANCE/RESOLUTION REQUIRED: YES/NO DRAFT ATTACHED YES/NO Recommendation: Staff recommends approval of the contract addition from Chaz Equipment. Department head signature: (~ ~ ~ ~_ /. O~f Determination of Consistency with Comprehensive Plan: City Attorney Review/Recommendation (if applicable):. Budget Director Review (r~on all items involving expegdi~ure of funds): Funding available. ~Q~I~O Funding alternatives Accotmt No. & Description t;x3q City Manager Review: Approved for agenda: ~,IO Hold Until: Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved S:~Environmemal Services~Dan Beatty\09-01-04 Chaz agenda.doc TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER ~ SUBJECT: AGENDA ITEM # ~ ~ REGULAR MI~.I~.TING OF SEPTEMBER 7. 2004 GRANT AWARD FOR HOUSING REHABILITATION CONTRACT DATE: SEPTEMBER 3, 2004 This is before the Commission to consider approval of the following housing rehabilitation contract: · $16,222.50 to Sun Band Builders for 145 S.W. 132 Avenue · $11,613.00 to South Florida for 240 N.W. 2"a Avenue · $18,532.50 to Sun Band Builders for 314 N.W. 4t~ Avenue · $22,155.00 to Tommy Preston for 105 S.W. 72 Street Funding for the total amount of $68,523.00 for this grant is available from 118-1963-554-49.19 (Community Development/State Housing Initiatives Partnership (SHIP) Grant/Housing Rehabilitation). Recommend approval of the housing rehabilitation grant/contract award as outlined above. S:\City Clerk\agenda menms\CDBG HOUSing Rehab Award.09.07.04 MEMORANDUM TO: David Harden, City Manager FROM: Ferline F. Mesidort, StaffAssistant II THRU: Kendra W. Graham, C. D. Administrator ~0~tg..' Lula Butler, Community Improvement Director(.~_.~ DATE: August 11, 2004 SUBJECT: Community Development Division Housing Rehabilitation Grant Award ITEM BEFORE THE COMMISSION Approval is requested for four (4) Housing Rehabilitation grant awards to the lowest responsive bidder(s). This request is in accordance with the City's Community Development Division's approved Policies and Procedures. BACKGROUND The grant awards are based on the actual cost of the rehabilitation, as determined by the low responsive bidder(s), plus a 5% contingency. The contingency may be used for change orders and all unused funds will remain with the Housing Rehabilitation grant program. Inspection of work is done by the Department of Community Improvement's Building Inspection and Community Development Division. Contracts are executed between the building contractor and the property owner. The City remains the agent and this office monitors all work performed by the contractor, ensuring compliance according to specifications and program guidelines. Pay request forms require both contractor and homeowner's signatures. Grant recipients have met all eligibility requirements as specified in the approved Policies and Procedures. The rehabilitation activities will bring the homes to minimum code requirements by repairing the roof, electric and plumbing systems and correcting other incipient code violations. Detailed work write-ups and individual case files are available for review in the Community Development Division Office. The Community Development Division is responsible for ensuring that the housing rehabilitation contracts are awarded to the lowest responsible bidder, as a result of a formal bid process. Therefore, an in-house policy was created to limit awards to the lowest responsible bidder as it relates to the Division's professional in-house estimate. This serves to disqualify unreasonably low bids and therefore protect against the resulting change order requests. This policy fu~her assists the Division with its goals of completing each rehabilitation activity utilizing the estimated amount of funding required. RECOMMENDATION Staff recommends awarding the bid for four (4) Housing Rehabilitation projects to the verifies responsible low bidder(s) and authorize awards in the following amotmt: Case Number Address Contractor Grant Amount 02-020 145 SWl3th Avenue Sun Band Builders $16,222.50 04-007 240 NW 2nd Avenue South Florida $11,613.00 03-004 314 NW 4th Avenue Sun Band Builders $18,532.50 03-023 105 SW 7th Street Tommy Preston $22,155.00 CITY OF DELRAY BEACH COMMUNITY DEVELOPMENT DIVISION HOUSING REHABILITATION PROGRAM BID/QUOTATION INFORMATION SHEET BID/QUOTATION #: 2004-38 APPLICANT: Cheryl Duncan PROJECT ADDRESS: 145 SW 13th Avenue DATE OF BID LETTERS: July I5, 2004 DATE OF BID OPENING: July 29, 2004 NAME OF CONTRACTORS AMOUNT OF BIDS Abisset Corporation Alpha South Construction Cordoba Construction Co., Inc. Craftsman Plus, Inc. Do All Contracting Services, Inc. E.S. Cummings Construction Co. Henry L. Haywood · L. Robinson Construction Corp. P & Z Construction Inc. Paul Hensel Construction $ 20,700.00 Solutions Remodeling & Design SerVices, Inc, South Florida Construction Sun Band Builders Construction $15,450.00 Tommy Preston $ 16,400.00 Horizon Roofing Petito Roofing 'Roofing Team Inc. Wrights Way Roofing .In-House Estimate $14,904.70 CONTRACTOR AWARDED CONTRACT: [ Sun Band Builders I BID/CONTRACT AMOUNT $I5,450.00 $772.50 $16,222.50 5% Contingency FUNDING SOURCE: Community Development Block Grant (CDBG) Program Account No. I 18-1963-554-49.19 COMMENTS: CITY OF DELRAY BEACH COMMUNITY DEVELOPMENT DIVISION HOUSING REHABILITATION PROGRAM BID/OUOTATION INFORMATION SHEET BID/QUOTATION #: 2004-38 APPLICANT: Ruth Phillips PROJECT ADDRESS: 240 NW 2nd Avenue DATE OF BID LETTERS: July 15, 2004 DATE OF BID OPENING: July 29, 2004 NAME OF CONTRACTORS AMOUNT OF BIDS Alpha South Construction Craftsman Plus, Inc. E.S. Cummings Construction Co. L. Robinson Construction Corp. Paul Hensel Construction $19,150.00 South Florida Construction $ 11,060.00 Tommy Preston $12,950.00 Petitio Roofing Wrights Way Roofing In-House Estimate $12,804.45 CONTRACTOR AWARDED CONTRACT: South Florida Construction BID/CONTRACT AMOUNT $11,060.00 $ 553.00 $11,613.00 5% Contingency FUNDING SOURCE: Commtmity Development Block Grant (CDBG) Program Account No. 118-1963-554-49.19 COMMENTS: Lowest bidder within 10% has received another project. Per Cit~ Managers suggestion South Florida Construction to receive bid. CITY OF DELRAY BEACH COMMUNITY DEVELOPMENT DIVISION HOUSING REHABILITATION PROGRAM BID/QUOTATION INFORMATION SHEET BID/QUOTATION #: 2004-38 APPLICANT: Edie Jones PROJECT ADDRESS: 314 NW 4th Avenue DATE OF BID LETTERS: July 15, 2004 DATE OF BID OPENING: July 29, 2004 NAME OF CONTRACTORS AMOUNT OF BIDS Alpha South Construction Craftsman Plus, Inc. E.S. Cummings Construction Co. L. Robinson Construction Corp. Paul Hensel Construction $ 21,200.00 South Florida Construction $16,560.00 Tommy Preston $14,200.00 Petitio Roofing Wrights Way Roofing In-House Estimate $13,692.70 CONTRACTOR AWARDED CONTRACT: Sun Band Builders Construction BID/CONTRACT AMOUNT $17,650.00 $ 882.50 $18,532.50 5°/'o Contingency FUNDING SOURCE: Community Development Block Grant (CDBG) Program Account No. 118-1963-554-49.19 COMMENTS: Lowest bidder within 10% has received another project. Per City Managers suggestion Sun Band builders Construction to receive bid. CITY OF DELRAY BEACH COMMUNITY DEVELOPMENT DIVISION HOUSING REHABILITATION PROGRAM BID/QUOTATION INFORMATION SHEET BID/QUOTATION #: 2004-38 APPLICANT: Vinella Haye PROJECT ADDRESS: 105 SW 7th Street DATE OFBID LETTERS: July 15, 2004 DATE OF BID OPENING: July 29, 2004 NAME OF CONTRACTORS AMOUNT OF BIDS Abisset Corporation Alpha South Construction Cordoba Construction Co., Inc. Craftsman Plus, Inc. Do All Contracting Services, Inc. E.S. Cummings Construction Co. Henry L. Haywood L. Robinson Construct/on Corp. P & Z Construction Inc. Paul Hensel Construction $ 28,600.00 Solutions Remodeling & Design Services, Inc, $ 28,850.00 South Florida Construct/on Sun Band Builders Construct/on Tommy Preston $ 21,615.00 Horizon Roofing $ 21,100.00 Petito Roofing Roofing Team Inc. Wrights Way Roofing In-House Estimate $18,814.46 CONTRACTOR AWARDED CONTRACT: [. Tommy Preston BID/CONTRACT AMOUNT $21,100.00 $1,055.00 $22,155.00 5% Contingency FUNDING SOURCE: Community Development Block Grant (CDBG) Program Account No. 118-1963-554-49.19 COMMENTS: Date: 9/1/2004 Agenda Item No. AGENDA REQUEST Agenda request to be placed on: j]~__ Regular __ Special __ Workshop ~Consent When: September 7, 2004 Description of Agenda Item: Case Number Address Contractor Grant Amount 02-020 145 SW 13 Ave Sun Band Builders $16,222.50 04-007 240 NW 2 Ave South Florida $11,613.00 03-004 314 NW 4 Ave Sun Band Builders $18,532.50 03-023 105 SW 7 St Tommy Preston $22,155.00 Ordinance/Resolution Required: Yes / No Draft Attached: Yes / No Recommendation: Staff recommends approval of four (4) Community Development Block Grant (CDB) Housing Rehabilitation Grant and Contract awards from Account 118-1963-554-49.19 in the amount listed above for a total award of $~' CDBG Total: $68,523.00 Account Number: 118-1963-554-49.19 Department Head Signature: City Attorney Review/Recommendation (if applicable) Budget Director Review (r_eqgired on all items involving expenditure of funds): Fttl~ding Available (~es~'qo Funding Alternativeg: ~ (if at~plicable) Account # & Description: C~c,.4.~ . ~)q~c,e_~ , ~/m.cad.-~ '(-C/~ , City Manager Review: HAPolg~jVnetdil..for agenda:(~/No ~ Agenda Coordinator Review: Received: Action: Approved / Disapproved £1T¥ OF I ELIII:I¥ BEI1£H AIl-.~mericaC~ 100 N.W. 1st AVENUE · DELRAY BEACH, FLORIDA 33444 · 561/243-7000 David T. Harden, City Manager 1993 2001 FROM: ~ Robert A. Barcinski, Assistant City Manager DATE: August 30, 2004 SUBJECT: AGENDA ITEM CITY COMMISSION MEETING SEPTEMBER 7, 2004 - REQUEST TO EXTEND CLOSING HOURS SANDOWAY PARKING LOT AGYION City Commission is requested to consider approval of a request from Perry DonFrancisco to extend the closing hours to 2:00 a.m. at Sandoway Park on Saturday morning, October 23, 2004 and on Sunday morning, October 24, 2004. BACKflROUND Attached is a request received from Perry DonFrancisco requesting extended closing hours for the Sandoway Parking lot to accommodate parking for Boston's on the Beach 25th Anniversary Party. Regular closing time is 8:00 p.m. This request was reviewed by the Beach Property Owners Association and the Board recommended approval. It was also reviewed by PMAB at their meeting held on August 24, 2004 and the Board unanimously recommended approval. I would suggest approval based on the following: 1. Boston's provide security in the lot from 8:00 p.m. to 2:00 a.m. 2. Boston's be responsible for locking the parking lot gates at 2:00 a.m. I have discussed these conditions with Mr. DonFrancisco and he has agreed to them. REG Ol~ddF. a~l DATI Ol~I Staff recommends approval of the request to extend the closing time to 2:00 a.m. on October 23ra and 24th, 2004 for the Sandoway lot with the suggested staff conditions. RAB/tas File: u :sween ey/agenda Doc: Request to Extend Closing Hours Sandoway parking Lot THE EFFORT ALWAYS MATTERS From: Bob Sparvero [rpsl@earthlink.net] Sent: Wednesday, August 18, 2004 8:31 A~M To: Aronson, Scott Cc: Perry DonFransi$co; Archer, Patricia (personal email); Perlman, Jeff; McCarthy, Alberta (personal email); Levinson, Jon( personal email) Subject: Parking Mgmt. Advisory Board - Boston's Parking Request Scott: I understand the August 24th agenda for the Parking Management Advisory Board includes a request from Boston's Restaurant to extend the parking hours at Sandoway Park until two am on Friday (10/22)and Saturday(10/23) as part of Boston's 2$th anniversary celebration. Recognizing the importance of such an event and the fact that this is a one-time exception to the Sandoway parking policy, the BPOA Board supports approval of this request by the Parking Management Advisory Board. Regards, Bob Bob Sparvero rpsl@earthlink.net 40 South Ocean Blvd. Delray Beach, Florida 33483 Phone [561] 278-3364 & FAX [561] 278-3328 UPPERDECK RECEIVED 2 - 2001, 3. y 30, 2004 CITY MANAGER Mr. David Harden, City Manager City of Delray Beach 100 NW 1* Ave Delray Beach, FL Mr. Harden: Greetings! We are Boston's would like to announce that our 25th Anniversary Celebration will be held at Boston's onthe Beach bom Wednesday, October 20th through Sunday October 24, 2004. We will be providing food, fun and music for our guest's enjoyment. Many local residents as well as out oftowners are plannin$ to attend the festivities. We have made arrangements with local hotels and believe this event will have an economic impact for our city for the 5-day celebration. We would appreciate the ability to have music within our self-contained courtyard, O located between our restaurant ( n thc west side) and our hotel (on the east side). We intend on using this area to present light acoustic music, piano or island music. We are requesting a noise ordinance waiver for this courtyard area for: Thursday 10/21 5-10 PM Friday 10/22 5-10 PM Saturday 10/23 5-10 PM Sunday 10/24 2-7 PM Secondly, we would request the public parking lot hours extended at Sandoway Park to: Friday 10/22 to 2 AM Saturday 10/23 to 2 AIVI Boston's is also extremely proud of its relationship with the City of Debsy Beach and thanks the City for the opportunity we have been provided the last quarter century. Respectfully, AssistalB City M~n~ger Page 1 of 1 Barcinski, Robert From: Aronson, Scott Sent: Monday, August 30, 2004 4:34 PM To: Barcinski, Robert Subject: Boston's on the Beach Bob, Please be advised that the Parking Management Advisory Board, at their meeting of August 24, 2004 unanimously recommended approval of the request from Boston's on the Beach to extend the closing hours of the Sandoway lot until 2:00 AM, Friday October 22 and Saturday October 22~ 2004 to accommodate their 25tt~ Anniversary. Feel free to contact me if I may be of any further assistance. Scott Aronson Parking Management Specialist 100 NW 1st Avenue Delray Beach, FL. 33444 Ph. 561-243-7286 Fax 561-243-7221 aronson@ci.delray-beach.fl.us 8/31/2004 [lTV OF DELRI:IV BEflCH CITY ATTORNEY'S OFFICE F' O"" ^33444 TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755 DELRAY BEACH Writer's Direct Line: 561/243-7091 Ag. Aero, ica City DATE: September 1, 2004 TO: City Commission David Harden, City Manager FROM: Brian Shutt, Assistant City Attorney SUBJECT: Mort.qa.qee Joinder and Consent/Crisanti and Campbell Properties Mr. Crisanti is in the process of selling his house, however, approximately 1.5' of his home encroaches on Ms. Campbell's property. Both Mr. Crisanti and Ms. Campbell participated in the City's Housing Rehabilitation program and thus the City has mortgages on both properties. The City's mortgage on Mr. Crisantrs property will be satisfied out of the closing proceeds when he sells his home. Ms. Campbell has agreed to execute an easement deed, running in favor of Mr. Crisantrs property, to allow the structure to encroach 1.5' on her property so long as the structure is standing. The City has been asked, as well as the primary mortgage holder, to execute the attached "Mortgage Joinder and Consent" to subordinate the City's mortgage to the easement deed signed by Ms. Campbell. Community Improvement as well as our office has no objections to this request. Please place this item on the September 7, 2004 City Commission agenda. Please call if you have any questions. Attachment cc: Chevelle Nubin, Acting City Clerk Kendra Graham, C.D. Administrator MEMORANDUM Date: August 27, 2004 To: Brian Shaft, Assistant City Attomey iii ~. Thru: Kendra W. Graham, C.D. Adminislrator ~-, From: Dennis Thompson, Rehabilitation Specialist ~ RE: Easement Deed Between Crisanti and Campbell We are being asked by Emest Simon to consent to an Easement Deed between Gray Campbell and Henry R. Cfisanti. The reason for the City's involvement is because both Ms. Campbell and Mr. Cfisanti participated in our Housing Rehabilitation Program and currently have liens attached to their properties. Mr. Crisanfi is in the process of selling his home and has submitted a request for pay-off. Surveys show his property encroaches onto Campbell's property. Because the City currently holds a lien against both properties, Mr. Simon is asking for our consent. Attached is the request and Easement Deed prepared by Mr. Simons office. We are requesting a decision on how to proceed. If you have any questions do not hesitate to contact me at #7283. Thanks dt RECEIVED "3 0 200/ CITY ATTORNEY FROM : SIMON AND SCHMIDT FAX NO. : 5612650286 Rug. 25 2004 03:49PM P1 Sl~ON .~.~q'D SC~-X~%IZ)T DELIVERED VIA TELEFAX TO 243-7221 August 23, 2004 Mr. Dennis Thompson City of Delray I~each 100 N.W. First Avenue Defray Beach, Florida 33~. ~,~. Kc: Crisanti sale to Morton My File No. 6775.1 Gray Campbell Case No. 00-060 HR PID #I 2-43-46-16-01-071-0080 Dear Mr. Thompson: As discussed with your office today, I enclose a copy of the following for your consideration: 1. Proposed Ea~raent Deed between Gray Campbell, as Grantor, and Henry tL Crisanti, as Grantee, with a con~ent attached the~to for execution by the City. Please let me know at your earliest convenience whether the City would be willing to sign the attached consent in the event that the language in the attached is acceptable to the holder of thc first mortgage. If you have any questions, please let me know. In any event, I look forward to your early response. Iff EGS:cc Enclosures FROM : SIMON AND SCHMIDT FAX NO. : 5612650286 Aug. 23 2004 03:~0PM P2 Prepared by; return to: Simon and Schmid~ 1 O0 NE Fifth Avenue, Suite A-I Delray Beach, FL 33483 EASEMENT DEED THIS EASEMENT 'DEED made and entered into this day of · 2004, between GRAY CAMPBELL (hereinafter referred to as "Cn'antor") whose address is 218 S.E. First Avenue, Delray Beach, Florida, 33444, and HENRY R. CRISANTI, (hereinafter referred to as "Grantee") whose address is 216 S.E. F~r~t Avenue, Delray Beach, Florida 33444. WITNESSETH: Grantor is the owner in fee of that certain lot of land in Palm Beach County, Florida, described as follows: The North 50 feet of the South 250 feet of the East 135 feet of Block 71, TOWN OF DELRAY, according to the plat thereof on file in the office of the Clerk o£th¢ Circuit Cout~ in and for Palm Beach County, Florida, recorded in Plat Book I, page 3. C_vrantec is thc owner in fcc of that certain lot of land in Palm Beach County, Florida that adjoins the above-described property of Grantor to the South ~ and which is described as follows: Beginning at a point 250 feet north of the southeast comer of Block 71, City of Delray Beach, (formerly Linton), Florida, thence West 135 feet, thence North 50 feet, thence East 135 feet, thence South $0 feet to the poim of beginning as recorded in thc office of the Clerk of the Circuit Court in and for Palm Beach CounW, Florida, in Plat Book 1, page 3. There is now erected on the said propen'y of Grantee a house which Grantor claims encroaches on the Northern part of Grantor's above-described lot. Page ] of 6 FROM : SIMON AND SCHMIDT FAX NO. : 5612650286 Aug. 23 2004 03:49PM P2 Grantor, for and in consideration of the sum of Ten Dollars ($10.00) in hand paid by the Grantee, the receipt and sufficiency of which is hereby acknowledged, does hereby grant to the Grantee, his successors and assigns, an exclusive easement which covers a parcel of land lying, situate and being in Palm Beach County, Florida, and being more particularly desc~bed as follows: The North 1.5 feet of the West 40 feet of the following-described property: The North 50 t~et of the South 250 feet of the East 135 feet of Block 71, TOWN OF DELRAY, according to the plat thereof on file in the office of the Clerk of the Circuit Court in and for Palm Beach County, Florida, recorded in Plat Book 1, page 3. (3rantor covenants and agrees that so long as the encroaching house shall remain standing, Grantee, his successors and assigns shall have the right to have the building overlap and extend beyond the boundary line of the land of Orantor, and to encroach and rest on the land of the Grantor to the same extent and in the same manner as the building now overlaps and encroaches on the land. This easement shall terminate when the existing house located on Grantee's land which encroaches on Grantor's property shall no longer be standing. Grantor shall not grant additional easements or similar interests in, on, over, under, or across said easenaent premises without Grantee's prior written consent~ which will not be unreasonably withheld. Neither Grantor, nor any other person claiming an interest through Grantor, shall interfere with Grantee's utilization and enjoyment of the easement, including the preservation or maintenance of' Grantee's improvements. Grantor hereby covenants with Grantee that she is lawft~ly seized and in possession of the real property herein described and that she has good and lawl~l right to grant the aforesaid easement free and clear of any mortgagas that are prior in right and dignity to this Easement Deed. Furthermore, Grantor covenants that there are no encu~abranees of any kind that would prevent Grantee's full enjoyment of the easement. This Easement Deed and the eovenant~ contained herein shall be deemed covenants running with the land and shall be binding on the parties hereto and their respective successors and assigns. Page 2 of 6 FROM : SIMON AND SCHMIDT FAX NO, : 5612650286 Aug. 23 2004 03:30PM P3 IN WITNESS WHEREOF, the parties have hereunto set their hand and affixed their seal as of the date first above written. Witnesses: GRANTOR: Signed, sealed and delivered in the presence of: ~'ri,~t ~am~: Gray Campbell Print Name: Witnesses: GRANTEE: Print Name: Henry R. Crisanti Page 3 of 6 FROM : SIMON AND SCHMIDT FRX NO. : 5612658286 Rug. 23 2004 03:50PM P3 STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument was acknowledged before me this __ day of ., 2004, by GRAY CAMPBELL, who is personally known to me or who has produced as identification. WITNESS my hand and official seal in the County and State last aforesaid this __ of · 2004. Notary Public - State of Florida My Commission expires: STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing inslxument was acknowledged before me this day of , 2004, by HENRY R. CRISANTI, who is personally know~l to me or who has produced as identification. WITNESS my hand and official seal in the County and State last aforesaid this __ of ,2004. Notary Public - State of Florida My Commission expires: Page 4 of 6 FROM : SIMON AND SCHMIDT FAX NO. : 561~650~86 Aug. 23 2004 03:J1PM P4 MORTGAGEE JOINDER AND CONSENT The undersigned Mortgagee does hereby join in and consent to the granting of this Easement Deed across the lands herein described, and agrees that its mortgage, which is recorded in Official Record Book 14000, Page 1867. of the Public Records of Palm Beach County, Florida shall be subordinated to this Easement Deed. IN WITNESS WHEREOF, has caas~d these presents to be executed in its name this day of __ .2004. WITNESSES: MORTGAGEE: Signed, sealed and delivered HOMECOMINGS FINANCIAL NETWORK, in the presence of: INC. By:,.. Print Name: __ Print Narae: Title: Print Name; STATE OF COUNTY OF The foregoing instzument was acknowledged before me this ___ day of , 2004, by who is personally known to me or who has produced as identification. WITNESS my hand and official seal in the County and State last aforesaid this of ,2004. Notary Public - State of Florida My Commission Expires: Page 5 of 6 AUG. 31. 2004 g: 44AM CITY OF DELRAY BEACH ....... -- - -~0. ?G5 P. 2/2 ~ : ~IM~N F~D SCH~IDT FAX NO. ; ~6L~ MORTGAGEE JOI'ND2R AND CONSENT '~¢ u.~sJg:tled ]VJott~g~ d~ h~Tjoin l~d$ h~ d~b~ ~d ~ ~z im mo e · amended m ~cial Reco~ B~ ,~ ~ ' W~chJsmco~znO~oi~ Record Rn~ · ~1~J37~ ~ I~41, and subordma~d Lo ~j$ ~em~lt ~ Wl~SS ~EOF, P~ to ~ ~u~ in i~ n~o I~S ~ day of ~S~8: ........... _, ~0~ MORTGAGEE: S~ed, s~ ~d deliv~d P~t N~e: - ~t Name:~ ~- Ti~:~ STATE OF T"L. OR~DA COU'NT'y O~r ~AL,~ 20~, b~e f~i~ ~m~t ~ ~led~d before me ~i~ ~ ~ of ~ESS my ba~ ~ offici~ s~] i~ ~e Cou~ ~d ~ ]~ ~ aid ~Js ~ of ~ 20~. Notary l~bljc. Sta:e or:Florida Page 6 of 6 RESOLUTION NO. 72-04 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, SUPPORTING FEDERAL TRANSPORTATION REAUTHORIZAION. WHEREAS, the United States Congress has not completed its work to reauthotize federal transportation programs and policies necessary to improve our nation's mobility; and WHEREAS, reauthorizing federal transportation programs is essential to improve our nation's economic health because transportation infrastructure constitutes the circulatory system through which consumers and commerce flow in and tl~ough our nation's cities and regions; and WHEREAS, reauthorizing federal transportation programs are a iobs-saving as well as a iobs-creaimg bill. The longer Congress delays the greater the risk transportation proie~ts and programs currently underway will either slow down or stop, ieopardizing existing iobs and the creation of new ones; and WHEREAS, reauthotizing federal transportation programs pays for itself because federal gas tax revenues collected at the pump help pay the b~ll; and WHEREAS, reauthofizing federal transportation programs will help reduce the stranglehold of roadway congestion that pollutes our shared environment and steals peoples' time from more productive activities at home, work, and play; and WHEREAS, reauthotizing federal transportation programs is an investment in homeland security because out nation's transportation systems help move people out of harm's way and transport emergency personnel where needed; and WHEREAS, the City of Delray Beach, and cities and towns across out nation desire a six- year b~ll because transportation proiects require long-term planning and funding stability that, in turn, helps ensure cost effective proiects; and WHEREAS, Congress must build on the legacy of the Transportation Equity Act for the 21st Century ("TF~A-21"), and improve the long-term funding and program flexibility of federal transportation programs and policies at the state and local levels. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, THAT: Sectig~ 1- The City Commission of the City of Delray Beach urges the Congress to pass and the President to sign a six-year surface transportation reauthorization bill. PASSED AND ADOPTED this 72 day of September, 2004. MAYOR ATI'PAST: Acting City Clerk 2 Res. No. 72-04 [IT¥ I)F DELRI:I¥ BEI:I[H OELRAY BEACH Al~-~ll~il~lCi~ 100 N.W. 1st AVENUE - DELRAY BEACH, FLORIDA 33444 561/243-7000 ~TO: David T. Harden, City Manager 1993 2001 FROM: ~obert A. Barcinski, Assistant City Manager DATE: August 30, 2004 SUBJECT: AGENDA ITEM CITY COMMISSION MEETING SEPTEMBER 7, 2004 SPECIAL EVENT APPROVAL - ART & JAZZ ON THE AVENUE AffrlON City Commission is requested to endorse the next Art & Jazz on the Avenue scheduled for October 21, 2004 from 6:00 p.m. to 10:00 p.m., to grant a temporary use permit per LDR Section 2.4.6. (H) for the closure of Atlantic Avenue from Swinton to N.E. 7th Avenue, the south side parking lane of Atlantic Avenue from N.E. 7th Avenue to just past the Blue Anchor Pub, Railroad Drive from Atlantic to N.E. 1st Street, and NE 2ha' Avenue from Atlantic Avenue to NE 1st Street, and to authorize staff support for security and traffic control, banner hanging and removal, barricade set up and removal, and clean up. BACK6ROUND Attached is a permit request for approval and City assistance for this event from Marjorie Ferrer. The estimated overtime cost for this event is $6,470. Cost for barricade rental is $363.00. Actual overtime costs for June's event were $7,227.59. A copy of the hold harmless agreement, insurance certificate, and event budget is attached. This is not a new event. Based on event policies the Joint Venture will be required to pay 50% of all costs over $5,000. P~COMMF. NDATION Staff recommends endorsement of the event, approval of the temporary use permit and street closure, and staff support as requested with payment of 50% of all costs over $5,000. RAB/tas cc: Lt. Geoff Williams Joe Weldon Harold Bellinger Asst. Fire Chief Bill Adams File:u:sweeney/events Doc: Agenda Art and Jazz on the Avenue 102104 THE EFFORT ALWAYS MATTERS 86/15/2884 14:34 561-642-2884 GREENACRES ADMIN. PAGE 182/83 ' MODEL RESOLUTION CITY OF SUPPORT FOR FEDERAL TRANSPORTATION ll_EAUTHORIZATION WHEREAS, thc U.S. Congress has not colnpleted its work to reauthorize federal transportation programs and policies necessary to improve our nation's mobility. WHEREAS, reauthorizing federal trarmportation programs is essential to improve our nation's economic health because transportation infrastructure constitutes the circulatory system through.which consumers and commerce flow in and through our nation's cities and regions, WHEREAS, reauthorizing federal transportation programs are a jobs-saving as well as a jobs-creating bill. -I:he4?g, tg~f~ ' car.not afford to -s~asen while CO,~m-e_-s ~_e~-~s-r-ea~hoHz~'-tior~ The longer Congress delays thc greater the risk transportation projects and programs currently underway will either slow down or stop, jeopardizing existing jobs and the creation of new ones. ~AS, rcauthorizSng federal transportation programs pays for itself because federal gas tax revenues collected at thc pump help pay the hill. WHEREAS, reauthorizing federal transportation programs will help reduce the stranglehold of roadway congestion that pollutes our shared environment and steals peoples' time from more productive activities at home, work, and play. WHEREAS, reanthorizing federal transportation programs is an investrnant in homeland security because our nation's Ixmaspurtation systems help move people out of harm's way and transport emergency personnel where needed. WHEREAS, the City of , and cities and towns across our nation desir~ a six- year bill because transports'don projects require long-term planning and funding stability that, in turn, helps ensure cost effective projects. WHEREAS, Congress must build on the legacy of the TranspOrtation Equity Act for the 2.? Century ("TEA-21"), and improve thc long-term funding and program flexibility of federal transportation programs and policies at the state and local levels. NOW, THEREFORE BE IT RESOLVED, that the City of urges the Congress to pass and the President to sign a six-year surface transportation reauthotSzatlon bill ' ~ 06/15/2004 i4:34 561-642-2004 GREENAORES ADHIN. PAGE 03/83 Dear: On behalf of the City of , please support a six*year surface transportation reauthorization bill funded at no less than $31 g billion. As local elected officials that must balance local budgets annually, we undcrstsnd the difficult fiscal constraints faced by the Congress, but we urge that you not yield to these constraints by reallocating ~ds away ~rom core transportation programs, altcring guaranteed ~ding, or bringing down the.firewalls for h~ghway and transit spending. We ask Congress in its work tO reauthorize transportation programs to: Pass a six-year bill because transportatioa projects here in and nationally require long-term plann/ng and funding stability ti~t, in tun% helps ensure cost effective projects. Preserve guaranteed funding fi:om the I--Iighway Trust Fund, protect its fiscal integrity fo~ tfighways and transit, and retain the current 80%/20% federal-local match/rig commitment- ·~ Provide local govermnents direct access to thc money necessary to bu/lc~ transportation projects targeted at critical needs like easing roadway congestion that strangles the flow of' commuters and commerce. Protect the authority of local governments and regional metropolitan plarm/ng organizations to plan lranspor~ation projects that meet community needs. TEA-21 is a great example of a federal-local partnership that works - let's strengthen its emphasis on efficiency, collaboration, reliability, mobility and capacity. Sincerely, Scoff Dudley From: William Broughton [wbrought~scgov.net] Sent: Thursday, July 01, 2004 2:42 PM To: dksigrson2@aol.com; ericksdave@aol.com; Levywolf@aoLcom; SavePatti2@aol.com; croth@bmolaw.com; carol.laymance@brevardcounty.us; BSEWELL@broward.org; elabrador~broward.org; JKARAS@broward.org; PLANDl@broward.org; PMADISON@broward.org; RCRICHTON~broward.org; thaIl@capecoral.net; Kathleen,Russell@ci.ortando.fl,us; Cynthia. Miller@cLtampa.fl.us; Deborah. Stevenson@ci.tampa.fl.us; Jeanette. Fenton@ci.tampa.fl.us; pwest@co.broward,fl.us; m.c.slapp@co.desoto.fl.us; amy.merrill(~co.manatee,fl.us; dna~co.miami-dade,fl,us; tbonlarr@co.pa[m-beach.fl.us; estanfie@co.pine~las.fl.us; rsiriann~co.pinellas.fl.us; bthoburn@coj.net; kurtspitzer(~earthlink.net; bmckee@fl- counties.com; CBracy@fl-counties.com; EPoole@~-counties.com; GDelegal@fl- counties.corn; JAHart@f~-counties.com; jricco@fl-counties.com; jsteverson@fl-counties.com; MKCariseo@fl-counties.com; AIlison Payne; Dee Carper; Jenny Anderson; John Wayne Smith; John Thomas; Kraig Corm; Rebecca O'Hara; Scott Dudley; FosterD@hillsboroughcounty.org; StewartE@hillsboroughcounty.org; jenniferrubinas@hotmaiLcom; Pingreeb@mail.co.leon.fl.us; vincel@mait.co.leon.fl.us; dape@miamidade.gov; gastesi@miamidade.gov; jmm2@miamidade.gov; LHARRIS@miamidade.gov; VictoryWorks@msn.com; SBleakley@ngn-tally.com; Linda,Akins@ocfl.net; commiss[oners@pascocountyf%net; dbell@penningtonlawfirm.com; cindyrodriguez@polk-county.net; dsansom@portcanaveral.org; jconnors@resourcegroupna.com; Istephens@reuphlaw.com; Dorothy Zech; William Broughton; Herb. Polson@stpete.org; williaal@talgov.com Subject: On the status of TEA-21 reauthorization FYI This comes to me via my own Hank Cusack. Hank picked it up from a professional association news letter out of Washington. The news is not promising. Thanks to Peter Peyser, whoever he is. . .bb Subject: TEA 21 Update Congress returns from its "Independence Day Work Period" on Tuesday, July 6. This is a good time to take stock of where things stand with regard to the reauthorization of TEA- 21. House and Senate Conferees will meet on July 7 for their third session. On top of the agenda for this meeting is the House's response to the "offer" made by the Senate at the last'meeting to formally adopt $ 318 billion (the Senate's figure) as the total funding for the six-year legislation. When he put this offer before the House at the last meeting, Conference Chair Sen. Jim Inhofe (R-OK) indicated he expected a response from the House on July 7. Many have referred to the Senate move as "throwing down the gauntlet." House Majority Leader Tom DeLay (E-TX) responded within 24 hours to this offer by indicating the Senate number relies on tax increases and gimmicks and can't be sustained. It is unclear whether the House will come to the July 7 meeting with a counter offer or with no offer at all. In any case, key staffers we have talked to have indicated this upcoming meeting may well be the crucial one for determining the future of this legislation. If the House brings an offer back to the Senate, it is certain it will be no more than $ 275 billion -- the House-passed number. More likely, it would be $ 256 billion -- the Administration's proposed number. If the latter number were offered, the Senate might well push their collective chairs back from the table and declare the conference over. If the former number is offered, there may be a basis for negotiation because this will signal the GOP Leadership of the House is prepared to send the President a bill he may well veto. If the House makes no offer, the Senate might agree to give them another week or so to see if they can come up with one. While manuevering continues on the "big" number, House and Senate staff have continued to meet to find areas of agreement on more minor issues. So far, they have identified the provisions where the two bodies have very similar positions or where one has a provision and the other doesn't. For most of those they are coming to agreement to insert the provisions in the final product. There has been no discussion so far, even at the staff level, of any topic which could be considered controversial. This includes UTC's, on which there has still been no discussion. We continue to believe there is not enough impetus towards compromise for this legislation to be completed before the November election. However, we continue to behave as if things will progress quickly and are in regular contact with Members and staff on the conference committee. City of Delray Beach Special Event Permit Application PLEASE TYPE OR PRINT ~993 200~ EventNameFFitle: ZI~¢'~,¢~ r% Z, o/V ~ Event Date(s): ~ ~ ~1/ ~0o ? Event Time(s): 6'~d~ ~ Id ~ ~ ~/1~ ~'~/~ Event SponsodProdu~r: ~/~ ~p~& ~ Event ContacFCoordinator: ~ ~/~ ~ Name: ~e~/~ ~¢ ~ Address: ~ ~ 5 4~~ - Telephone Number: &l~-~J¢d~/~ Cellular Number: E-mail Address: ~¢~¢ ~z~ ~. Event Description/Purpose: ~ ~ ~2~ Sponsor Category (please check) City r~ Non-Profit]Charitable r~ Privatei~ Co-Sponsor- Non-Profit]Private [] (If Non-profit attach proof of 50'1c(3) or (d)) Eve_nt Location. (Describe area boundar!es of event/location): ~2/~m //-?-/__cC-/cT/o- 1-¢/ /V~- 'I ' ~f . - S~ o-~- ,~4 c t/~',~ -Pal;C--. /~¢,4-/ ~_ ~J.~ 5~ /~dZ~ ~ /~ r~ ~ / ~ Site plan attached yes y no (Site plan required for entire event site) Event budget attached yes ~ no (Required for all events) Serving or selling alcoholic beverages yes no (If yes, copy of license and alcohol liability insurance required two (2) weeks prior to event) Event certificate of insurance attached yes / no (Required two (2) weeks prior to event naming the City as additional insured, also required for vendors) Playing of amplified music yes X" no (Waiverreq"~eoJl~-~.L) ~2'-- ' " ~.~1/ ~t'~. ~1~ l~l ~ ~ Requesting Police assistance yes ~ no (traffic control/security) Will supplement with private security yes no (If yes, need plan attached) Requesting Emergency Medical assistance yes no Requesting barricade assistance yes ~ no Requesting trash removal/clean up assistance yes ~ no Requesting trash boxes and liners yes.~ no Requesting stage use yes no (If yes, check type) Large stage covered [] Large stage no cover [] Small stage [] Half small stage [] Requesting signage yes Type: Event sign~ Directional signs Banner hanging .~ Indicate dates re~' (Waiver required if more than one (1) week prior to event) Food and beverage vendors yes. no If yes, approximate number Health Department approval yes no Other vendors yes no Tents yes no (If yes, tent permits and fire inspections maybe needed) Will the event include amusement rides yes no (If yes, type and location and copy of liability insurance required) / Will the event be gated yes. no (Show on-site map) Will there be fireworks or other pyrotechnics yes no (If yes, contact Fire Marshall) Will there be cooking with compressed gas yes. no (If yes, contact Fire Marshall) Will you be providing port-a-lets for the event yes ,~ no (If yes, locate on-site map. If no, indicate how you will handle restroom needs) Will there be a charge for the event yes no~_~ (If yes, indicate ticket prices) Is reserved parking requested yes no (If yes, indicate locations) Please enclose the appropriate non-refundable application fee payable to the City of Delray Beach, 100 N.W. 1st Avenue, Delray Beach, Florida 33444. For Staff Use O=lvl ! , Dat~ Received (30'//"~/~/~..~ Application fee received $ Site map Hold Harmless agreement _ _ Security plan Waiver alcoholic beverage Railroad approval Coast Guard approval 501c(3) or (d) certificate or letter Health Department approval Fire Inspector approval Police Department approval Public Works approval Parks and Recreation approval City Commission approval .~uu~u. ~ i ,rl~A I ~ UF LIABILITY INSURANCE OP,D S~ PP~'~ !CEe DO~TT-2 / 12/29/03 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION The Plastridge Agency, Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 820 N.E. 6th AvenUe HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTENDOR P. O. Drawer 730 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW/,. Delra¥ Beach FL 33447-0730 Phone: 561-276-5221 Fax: 561-276-5244 INSURERS AFFORDING COVERAGE NAIC# Downtown Delray Beaoh Joint INSURERS: 64 S.E. 5th Avenue Delray Beach FL 33444 INSURERD: COVERAGES ~ -- EACH OCCURRENCE 1000000 COMMERCU~ I CLS0737702 01/23/04 01/23/05 [~] PREMISES (Es ~x~ren~) $ 50000 __ CLNMS ~DE OCCUR ?~&~,~u~ ~ 1000000 GEN% AGGREGATE LIMU APPUE GENERAL AGGREGVkTE $1000000 PROO~CTS - C0Mp/OP AGG Special Events - 5 Art & Jazz on the Avenue/ 8 Nights on the Avenue / Balloon Glow. The City of Delray Beach is listed as additional insured with respect to General Liability ONLY. C=~l IP~CATE HOLDER CANCELLATION SPECIAL EVENT HOLD HARMLESS AGREEMENT The Downtown Delra¥ Beach Joint Venture in consideration of the payment of ten (10) (Name of Entity) dollars, receipt of which is hereby acknowledged, agrees to indemnify, hold harmless and defend the City of Delray Beach, its agents and employees from all suits, actions and claims including attorney's fees and costs attendant to any claim, litigation, administrative proceeding, appeal and judgment of every name and descriptJon brought against the City as a result of loss, damage or injury to person or property arising from and in exchange for the Downtown Delra¥ Beach Joint Venture use of City facilities or (Name of Entity) proper~y for the special event of *ART & JAZZ and hereby releases the City of Delray Beach, its agents and employees from all suits, actions and claims including attorney's fees and costs attendant to any claim, litigation, administrative proceedings, appeal and judgment of every name and description brought against the City as a result of loss, damage or injury to person or property arising from the special event of ART & JAZZ. (Name of Entity) * This Indemnification and Hold Harmless and Defend Agreement is only to the extent of insurance maintained by the Downtown Delray Beach Joint Venture as covered under Scottsdale Insurance Company Policy number CLS0737702 ART & JAZZ (Name of Special Event) Witness . ,:~'~/~.4 ~/L~'f//Y~/.,v/ Delray Beach Joint Venture Print~Name Michael Listick · .")~ ~ ~ ~L~ ~.~ ,3 ~ Print Name Witness f~v/" name CITY OF I)ELA;lY BEI3gH pe~Lr~5~ ~ea~c~ AJI-AiIle~caCi~ 100 N.W. 1st AVENUE · DELRAY BEACH, FLORIDA 33444 · 561/243-7000 ~TO: David T. Harden, City Manager 1993 2001 FROM: obett ^. B~¢inski, ^ssist~t City M~mager DATE: August 30, 2004 SUBJECT: AGE~ ITEM CITY COMMISSION MEETING TROT ~O~ Cit~ Commission is teq,este~ to e~dotse ~e ]8~ A~ual Tutke~ Trot s~unso~ b~ the Pa~ks and Re~teatio~ D~p~me~t o~ November 20~ ~om 6:00 ~.m. to apptoximate]~ 8:30 ~.m. Commission is also requested to grant a tempo~ use pe~it pe~ LDR's section 2.4.6(H) fo~ the ~los~e ~ Boulew~d from 5:00 a.m. to ~pptoxim~tel~ 10:00 a.m., an~ to ~uthofize staff suppo~ fo~ t~f~e control, ba~ic~in~ ~n~ ~[e~ up, use of small sta~e ~ waiver of p~ki~ meter fees fo~ Sandowa~, ~n~ta~am a~ Ane~o~ ~atk as well ~s ~lon~ Atl~ti~ Avenue from Venetian to A-I-A from 8:00 ~.m. ~ti] approximately ]0:00 B~K~OO~ A~a~hed is ~ pe~it te~est received ~om D~ie]le G~l]o, M~keti~g Coordinator, for this event ~ion~ wi~ ~ event ma~ ~ o~et i~fo~atiun. ~e e~tim~te~ ow~ime fo~ this evem is $3,23&30, sta~ ~emal $26~.00 ~d b~ieade ~ental $12~.00. Be~ evem poli~ies and p~o~ed~tes si~e this is staff ove~ime o~ rental costs. RECOMMENDATION Staff recommends approval of the event, the temporary use permit, request for staff assistance, and waiver of the parking meter fees from 8:00 a.m. until 10:00 a.m. RAB/tas File:u:sweeney/events Doc: Agenda Turkey Trot 2004 THE EFFORT ALWAYS MATTERS City of Delray Beach. ~' .a~.~..,~.. Special Event Permit Application PLEASE TYPE OR PRINT '1993 2001 Event Name/Title: ~9)~}nnua[ 'T-un~/ Event Date(s): ,~l~)\~P,It~b~r~ ~0, ~ Event Time(s): t,:F)Of'tlrl'l -~:~:~'~ /?J~3[l~. E~nt Cont~Coord~n~to,: ~ eJte Telephone Number: ~~llular Nudger: E-mail Address: O~[1~ ~ 0;I ~ I~ ~-FI Sponsor Category (please check)City, afl Non-Profit/Charitable [] Private [] Co-Sponsor- Non-Profit/Private [] (If Non-profit attach proof of 50tc(3) or (d)) Event Location ¢)escdbe area b_oundades__of event/location): Site plan attached yes__ _ _ no /~ (Site plan required for entire event site) ~-~ ~ (~(~ ~ ~ Event budget attached yes X no (Required for all events) Serving or selling alcoholic beverages yes. no ~ (If yes, copy of license and alcohol liability insurance required two (2) weeks prior to event) 1 Event certificate of insurance attached yes. no (Required two (2) weeks pri~ to event naming the City as additional insured, also required for vendors) ~'0 ¥'O [~OL~ ~ - Playing of amplified music yes ,~' no (Waiver required) ~'~ ~)~ UDOf m RequestincLPolice assistance yes /~' no ~ contro~security) Will supplement with private security yes no (If yes, need plan attached) Requesting Emergency Medical assistance yes X no Requesting barricade assistance yes .~ no. Requesting trash removal/clean up assistance yes .~' no Requesting trash boxes and liners yes ~ no Requesting stage use yes .)~ no (If yes, check type) Large stage covered [] Large stage no cover [] Small stage r~ Half small stage ~ Requesting signage yes ~ no Type: Event sign. Directional signs ,~ Banner hanging. Indicate dates required (VVaiver required if more than one (1) week prior to event) Food and beverage vendors yes no If yes, approximate number Health Department approval yes no Other vendors yes no Tents yes .,,~' no (If yes, tent permits and fire inspections maybe needed) Will the event include amusement rides yes no (If yes, type and location and copy of liabi§ty insurance required) Will the event be gated yes no (Show on-site map) Will there be fireworks or other pyrotechnics yes no (If yes, contact Fire Marshall) Will there be cook~g with compressed gas yes (If yes, contact Fire Marshall) Will you be providing port-a-lets for the event yes. no (If yes, locate on-site map. If no, indicate how you wi#handle restroom needs) ~)O;~:nk roCl~ Oc~ Will there be a charge for the event . yes ~( no (If yes, indicate ticket prices) Ir~)~3Lf~3~gi0~ $1t~'~'"" -a Is reserved parking requested yes no (If yes, indicate locations) Event -Contractor)C~3~rdinator Dat~ Please print:'3-'J~Jl ~_~ ~ t)O Please enclose the appropriate non-refundable application fee payable to the City of Delray Beach, 100 N.W. 1st Avenue, Delray Beach, Florida 33444. For Staff Use 0~/I Date Received ;:¥I1~ !'D/.~-I~ Application fee received $/ Site map v/' ~ Budget. v/ ~ Certificate of insurance Hold Harmless agreement Security plan Waiver alcoholic beverage It)[-~ Railroad approval Coast Guard approval 501c(3) or (d) certificate or letter I,.) Id Health Department approval Fire Inspector approval Police Department approval Public Works approval Parks and Recreation approval City Commission approval I ECEIVED DE L. RAY BEACH CITY MANAGER MEMORANDUM To: Robert Barcinksi, Assistant City Manager From: Denielle Gallo, Marketing Coordiuator~ Date: 8/9/20O4 Reference: 18~ Annual Turkey Trot The 18ts Annual Turkey Trot will take place on November 20, 2004 at Anchor Park. We will start setting up at 5:00 am and end at 9:00 am. Attached please fmd a listing of requests needed for the Turkey Trot, two versions of the route map and a site map. The Turkey Trot is a 5K Run end Healthwalk along AtA to help raise money for the Keith Straghn Feed the Hungry Thanksgiving Drive. The race will start at Anchor Park, head north to George Bush Blvd., turnaround and finish at Anchor Park. lfyou have any questions, please feel free to contact me at x7277. Thank you. Cc: Joe Weldon, Director File Attachments: 2 S:~Parks & RecreeUon~Special Events~Turkey Tm~2004Veq to barcinski04.doc08/09/0410:51 AM ~ Delmy Beach Parks & Recreation Department Special Events Requests Date: August 9, 2004 Requested by: Danielle Gallo Marketing Coordinator De[ray Beach Parks & Recreation Event Name: 18~ Annual Turkey Trot Date: November 20,2004 Times: Race starts at 7:30 am (Registration starts at 6:00 am) Req Item Notes xx Street Closure Permit 5:00 am to 9:00 am xx Trash Pick Up Cans and liners xx Police Staffing See attached xx Emergency Medical/Rescue Paramedics at Atlantic Ave. and A1A at 7:30 Services am - 9:00 am. xx Barricades See attached xx Street Signs Event Parking Signs for Sandoway Park and xx Parking Waiver For Sandoway, Ingraham, Anchor parks and Atlantic Ave from Venetian Drive to AIA xx Stage V2 small stage at Anchor Park xx Tent Renting 20x20 for registration. Located on East side of parking lot. (site map attached) SAParks & Recreation\Special Events\2~ukey Trot~2004\Turkey Requests~.doc 08109/0410:52 AM 189 Annual Turkey Trot November 20, 2004 Revenues & Expenses Estimates Beginning Balance in Rotary -$26.00 Special Event.~ Account $600.00 Revenues Registrations ............................................................ $4,000.00 On-line registration ............................................... $1,500.00 Misc. Deposit (Day of Registrations) ..................... $250.00 Total $5.750.00 $6,324.00 Trophy ......................................................................... $720.00 Numbers ..................................................................... $150.00 Tent ............................................................................. $240.00 T-shirts ..................................................................... $1,300.00 Refreshments Costco ................................................ $150.00 Split Second Timing ............................................... $2,000.00 Bob's Barricades ........................................................ $320.00 Total ............................................................. $4,880.00 End B~l~ance .................................................................... $1,444.00 MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: C~ MANAGER ~ SUBJECT: AGENDA ITEM # ~ ~. - REGULAR MEETING SEPTEMBER ?. 2004 REPORT OF APPRALABLE LAND DEVELOPMENT BOARD ACTIONS DATE: SEPTEMBER 3, 2004 Attached is the Report of Appealable Land Use Items for the period August 16, 2004 through September 3, 2004. It informs the Commission of the various land use actions taken by the designated boards that may be appealed by the City Commission. Recommend review of the appealable actions for the period stated. Receive and file the report as appropriate. S:\City Ck~k\~nd~ memo~\apagmem.09.07.04 TO: DAVID T. HARDEN, C~r.Y. AVl~ .A. I~ ~.~~ THRU: PAUL DORLING, DIRECTOR OF PLANNING AND ZONING FROM: JASMIN ALLEN, PLANNER ,q~0/'~ ~ SUBJECT: MEETING OF SEPTEMBER 7, 2004 *CONSENT AGENDA* REPORT OF APPEALABLE LAND USE ITEMS AUGUST 16, 2004 THRU SEPTEMBER 3, 2004 The action requested of the City Commission is that of review of appealable actions which were made by various Boards during the period of August 16, 2004 through September 3, 2004. This is the method of informing the City Commission of the land use actions, taken by designated Boards, which may be appealed by the City Commission. After this meeting, the appeal period shall expire (unless the 10 day minimum has not occurred). Section 2.4.7(E) of the LDRs applies. In summary, it provides that the City Commission hears appeals of actions taken by an approving Board. It also provides that the City Commission may file an appeal. To do so: 1. The item must be raised by a Commission member. 2. By motion, an action must be taken to place the item on the next meeting of the Commission as an appealed item. A. Approved (6 to 0, Joseph Pike absent), a master plan modification to change the land use component for specific buildings within Congress Commerce Center, located at the southeast corner of Congress Avenue and Lake Ida Road from light industrial to a combination of light industrial and service industry (without retail uses) for Buildings 2, 3, 5 and 6. Concurrently, the Board waived the service industry use limits from 31.09% to a maximum of 70%. No other appealable items were considered by the Planning and Zoning Board. The following items which were considered by the Board will be forwarded to the City Commission for action. · Recommended approval of a conditional use request for Grove Square, a proposed mixed-use development consisting of 800 square feet of retail floor area and 55 dwelling units, located at the southeast corner of East Atlantic Avenue and SE 2nd Avenue. The Board on a 3 to 2 vote (Diane Borchardt and Jill Morris dissenting, Mark Krall City Commission Documentation Appealable Items Meeting of September 7, 2004 Page 2 stepped down) recommended approval of an increase in building height to exceed 48' (54'-3" is proposed) and on a 4 to 1 vote (Diane Borchardt dissenting) recommended approval of a density exceeding 30 units per acre (38.2 du/ac is proposed). · Recommended approval (5 to 0, Jill Morris stepped down), of a Future Land Use Map amendment from MD (Medium Density Residential 5-12 du/ac) to TRN (Transitional) and rezoning from RM (Medium Density Residential) to RO (Residential Office) for a 0.86 acre parcel, a portion of the Lighthouse Property, located on the south side of SW 1st Street, between SW 1st Avenue and SW 2nd Avenue. · Recommended approval (6 to 0) of an abandonment of a portion of the Dixie Highway right-of-way, adjacent to Lot 4 of the Plat of Delray Beach Estates, approximately 1,700 feet south of Gulf Stream Boulevard. · Recommended approval (6 to 0), of an abandonment of a portion of the S.W. 7th Street right-of-way, located between 1-95 and S.W. 17th Avenue rights-of-ways. · Tabled (6 to 0) an amendment to the Land Development Regulations Section 4.4.17 "Residential Office" to allow multi-family structures as a permitted use. The Board tabled the proposed amendment and requested that staff worked with the Community Redevelopment Agency (CRA) on some additional restrictions or limiting the area the changes would affect. · Recommended approval (6 to 0) of an amendment to the Land Development Regulations Section 4.4.18 "Planned Commerce Center" to add catering services in the service industry land use category. · Tabled (6 to 0), an amendment to the Land Development Regulations Section 2.4.6(H) "Temporary Use Permit" regarding horse drawn carriages to allow owners/operators which have a license agreement approved by City Commission to operate for special events, and for limited hours in the summer season. The Board tabled the request and requested that staff meet with the City Attorney to draft clearer language. 1. Tabled (7 to 0), a request to add two flat wall signs for Zio's within the Delray West Plaza, located at the southeast corner of Atlantic Avenue and Military Trail (14860 S. Military Trail). The Board tabled the item and requested that the landlord submit a master sign program for the shopping center. 2. Tabled (7 to 0), a request for a color change (for awnings) at the Love Realty Building, located on the north side of East Atlantic Avenue, east of NE 1st Avenue (133-135 East Atlantic Avenue). The Board requested that the item be tabled until the building is completely painted. 3. Approved (7 to 0), a request for a color change for 520 NE 7th Avenue, an existing multi-family building, located on the west side of NE 7th Avenue, north of NE 5th Street. City Commission Documentation Appealable Items Meeting of September 7, 2004 Page 3 4. Approved (7 to 0), a Class I site plan modification associated with architectural elevation changes for BP Gas Station located at the northeast corner of SE 6th Avenue (northbound Federal Highway) and SE 2nd Street (185 SE 6th Avenue). 5. Approved (7 to 0), a Class I site plan modification associated with architectural elevation and color changes for Lulu's Place, located on the south side of East Atlantic Avenue, west of SE 7th Avenue (640 East Atlantic Avenue). 6. Approved (6 to 0, Gary Eliopoulos stepped down), a Class I site plan modification associated with elevation changes for roof appurtenances for City Walk at Pineapple Grove, located at the northwest corner of Pineapple Grove Way and NE 2nd Street. 7. Approved (7 to 0), a Class I site plan request associated with the installation of awnings for Classic Trends, located on the west side of SE 6th Avenue (northbound Federal Highway), south of SE 6th Street (622 SE 6th Avenue). 8. Denied (4 to 3 Mayer Abbo, Dan Carter, Nancy Stewart and Deborah Dowd), a request for a color change for 165-167 NE 2"d Avenue, an existing commercial building located on the east side of Pineapple Grove Way, north of NE 1st Street. 9. Approved with conditions (7 to 0), a Class II site plan modification associated with the conversion of a commercial building (formerly Rosella's Bakery) to an artist studio (to be known as Art Studio), located at 630 George Bush Boulevard (south side of George Bush Boulevard, east of NE 6th Avenue (northbound Federal Highway). Concurrently, the Board approved an internal adjustment reducing the required 17' wide drive aisle and 20' parking stall depth for 60° angle parking tiers to 16'-5.75" and 16'-2.25" respectively. The Board tabled the landscape plan and denied the architectural elevation plan. 10. Approved with conditions (7 to 0), a Class III site plan modification associated with the conversion of 750 square feet of general commercial floor area to restaurant for Atlantic Coffee and Tea, located on the east side of SE 5th Avenue (southbound Federal Highway), south of East Atlantic Avenue (504 East Atlantic Avenue). 11.Approved with conditions (6 to 0, Gary Eliopoulos stepped down), a Class III site plan modification and architectural elevations associated with the conversion of a 3,628 square foot warehouse building to retail use for the Culligan Building, located on the west side of NE 5th Avenue (southbound Federal Highway), north of NE 4th Street (430 NE 5th Avenue). 12. Approved (7 to 0) an eighteen month extension (expiring April 3, 2006) for Bob's Famous Bar, located at the northwest corner of East Atlantic Avenue and Railroad Avenue. 13. Approved with conditions (6 to 0, Dan Carter stepped down), a Class V site plan, landscape plan and architectural elevation plan for Lindell Square, a proposed mixed- use development that consists of 114 multiple family residential units and 23,000 sq. ft. of commercial floor area located at the northwest corner of US Highway No 1 and City Commission Documentation Appealable Items Meeting of September 7, 2004 Page 4 Lindell Boulevard. Concurrently, the Board approved a waiver eliminating the required 2' wide landscape strip between the sidewalk and street pavement for the internal streets. No other appealable items were considered by the Site Plan Review Appearance Board. The following item which was considered by the Board will be forwarded to the City Commission for action. · Recommended approval (7 to 0), of a waiver to the sign code to allow an identification sign for Abbey Delray South, to be located at a place other than the property for which the sign is advertising. X. Approved with conditions 6 to 0 (Mary Lou Jamison absent), a Class III site plan modification, and landscape plan associated with the conversion of a single family home to office for Saraga & Lipshy, located on the east side of NE 1st Avenue, north of NE 2nd Street (203 NE 1st Avenue). Concurrently, the Board denied a request for a variance to allow a back-out parking space and denied a request for a waiver to allow a parking space to be constructed within the front building setback. Y. Approved (5 to 0, Francisco Perez-Azua stepped down), a request for a Certificate of Appropriateness associated with the enclosure of a loggia for the Willis Residence, located at 160 Marine Way (northwest corner of Marine Way and SE 2nd Street). Z. Approved (4 to 0, Randee Schatz and John Miller Jr. absent and Francisco Perez stepped down), a Class III site plan modification and Certificate of Appropriateness associated with the conversion of a second floor efficiency apartment to office/storage for Mano-A-Mano restaurant, located on the south side of East Atlantic Avenue, east of Swinton Avenue (8 East Atlantic Avenue). Concurrently, the Board approved the installation of a projecting sign. By motion, receive and file this report. Attached: Location Map CITY OF DELRAY BEACH, FLORIDA - City Commission Meeting - SEPTEMBER 7, 2004 ~ ~ '-J r-~-- L .... ~ ~.w.~osr ~ L--J II SP~B SP~B CONTINUED I 7, C~SSIC TRENDS HPB TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER ~t~I SUBJECT: AGI~NDA ITI~M # ~. - REGULAR MEETING OF SEPTEMBER 7. 2004 AWARD OF BIDS AND CONTRACTS DATE: SEPTEMBER 3, 2004 This is before the City Commission to approve the award of the following bids: 1. Purchase award to Taylor Data Systems, Inc. in the amount of $69,914.34 for nine (9) Walkabout Hammerhead XRT Mobile Data Terminals, mounting brackets, and docking stations for the Fire Depaztment. Funding is available from 334-6111-519-64.11 (General Construction Fund/Computer Equipment). 2. Purchase award to Hall-Mark Fire Apparatus/Horton Emergency Vehicles in the amount of $169,215.00 via the City of Columbus, Ohio bid for one (1) Heavy Duty Paramedic Rescue Vehicle for the Fire Department. Funding is available from 501-3312-591-64.20 (Central Garage Fund/Automotive) FY 03/04 and 501-3312-591-64.21 (Central Garage Fund/Vehicle Restoration) FY 03/04 and FY 04/05. 3. Contract award to Construction Quality Control, Inc. in the amount of $89,986.00 for construction of the Delray Swim and Tennis Storage Building Project. Funding is awiluble from 117-4133-572-62.10 (Recreation Impact Fee Fund/Buildings). Recommend approval of the above bids and purchases. S:\City Clerk\agenda memo\Bid Memo.09.07.04 £1TY I]F DELRRY BER[H CITY FIRE-RESCUE DEPARTMENT SERVlNC~ DELRAY BEACH GULF STREAM HIGHLAND BEACH Ali-America City 1993 MEMORANDUM 2001 TO: David Harden, City Manager FROM: Kerry B. Koen, Fire Chief DATE: August 18, 2004 SUBJECT: Purchase of Mobile Data Terminal Hardware The Fire-Rescue Department has completed an evaluation of various mobile computer systems to serve as in-vehicle Mobile Data Terminals. The evaluation focused on four products including Walkabout Hammerhead Model XRT; Panasonic Toughbook Model 18; Panasonic Toughbook Model 29; and the Motorola Model ML850. Our analysis has resulted in a recommendation to purchase the Walkabout Hammerhead XRT. This equipment best suits our current and future needs and it is a proven design for installation in a mggedized environments. This unit is also the only one evaluated that is waterproof (compared to water resistant) and all components and the antenna are embedded inside the case. The other units have external antennas and card inserts which clearly are weak points for water intrusion and breakage. These units are currently installed in exterior environments such as Delta Air Lines baggage handling tugs at Jackson-Hartsfield Airport in Atlanta and have proven to be reliable in "adverse condition" environments. The city's MIS Division has been involved in the analysis and they agree that this product choice is an appropriate technology and it is compatible with our municipal MIS objectives. The product is currently available on GSA contract No GS-35F-0057P. The contract is open through 10/30/08 which will cover the anticipated 2nd and 3ra year acquisition phases for additional units. We are requesting your approval to utilize current funding in account 334-6111-519- 64.11 for this purchase. The cost for each unit is $7,138.26 which includes software and the first year's wireless contract. With the current vendor pricing we will be able to purchase 9 units this fiscal year at a cost of $64,244.34. We will also need to purchase eleven (11) mounting brackets and four (4) docking stations for our reserve units at a cost FIRE-RESCUE DEPARTMENT HEADQUARTERS · 501 WEST ATLANTIC AVENUE · DELRAY BEACH, FLORIDA 33444-2555 (561) 243-7400 · FAX (561) 243-7461 Printed on Recycled Paper ~I .~1,' of $5,670. The total cost to Delray Beach during this fiscal year will be $69,914.34. Currently, $70,500 is in this particular CIP account. The Town of Highland Beach has separately committed funds for 2 units, bringing the total purchase to 11 units for this year. Attached is the quote from Taylor Data Systems which reflects pricing from the GSA contract, along with an Agenda preparation form. Fire Chief KBK/cls Attachments: 3 XRT Color Tablet 4295.41 XRT Carrying Case 63.88 Li-ion Battery Pack 114.32 Vehicle Docking System 490.36 Wireless LAN 154.00 XRT Door 98.82 Bluetooth Module 195.00 Keyboard 87.00 Software License Motorola 1010.00 Wireless service 1 Yr 629.47 Total 7138.26 Mounting brackets for installation 3300.00 Reserve vehicle docks 4 1961.44 Miscellaneous Hardware 408.56 Total 5670.00 ~] BTC-008 T~r~ ~ ~ 1~ Florence, SC 29506 .A,. ~v~._7 .L U .L IIIIIIIIIIIIIIIIIIII IIIIIIIIII Data Systems, Inc. Phone: 843-656-2084 Fax: 843-656-2085 PROPOSAL Delray Beach Fire Rescue TDSQ1134 07/29/04 Greg Giaccone Battalion Chief Kevin Gaskins 501 W. Atlantic Avenue 181 E Evans Street Delray, FL 33444 BTC-008 Florence, SC 29506 Phone: 561-243-7414 Phone: 843-656-2084 Fax: 561-243-7461 Fax: 843-656-2085 Giaccone@ci.delray-beach.fl. us Kgaskins@tayJordata.com 1 15 900118~003 XRT Color Touchscreen Tablet with All-Viz Display, 512 $4,295.41 $64,431.15 MB RAM, 20 GB Hard Disk Drive Hammerhead touchscreen XRTs come with 933 MHz Mobile Intel Pentium III Processor-M, Microsoft Windows XP Pro operating system, Pen Office Calligrapher and My-T-Pen, 10.4'"' 800x600 TFT color display, chemically strengthened glass, milled aircraft-aluminum housing, shock-mounted hard drive, one USB port, Integrated EthernetJRJ~5, one Type III PCMClA slot (accommodates 2 Type II PCMClA cards), one hot-swappable Li-lon Battery (second battery is optional), one-year warranty. Dimensions: 10.62x8.25x1.56"", MIL-STD-810F and IP66/67 rated. Requires an AC power supply to charge batteries if a docking station is not ordered. 2 3 4 15 900130-001 XRT Shock Absorbing Carrying Case with handle, $63.88 $958.20 elastic arm straps on back and shoulder strap (for XRT units WITH integrated Ethernet/R J45 connector) 5 6 6 WLKKIT-0004 Universal NC Power Supply; 110/220 v; Includes $44.15 $264.90 Straight Power Cord (for use in the U.S.) 7 8 15 610001-001 Long-lasting, memory-free Li-lon battery pack (3 cell) $114.32 $1,714.80 9 10 15 HAMDOCK USB Vehicle Docking System (USB) for mounting in $490.36 $7,355.40 vehicles. Rugged milled aluminum and 1/4"" thick steel construction, compact size for use in tight places, no adjustment to docking connection - ever, spring-loaded retention latch, push button keyed lock, keyboard tray, built-in power conditioner boosts Iow input voltage to ideal charging levels, surge protection, polarity protection, noise reduction, easy installation. Page I Connectors are connected to the dock using a separate ruggedized break-out box containing 1 keyboard, 3 RS232 serial, 1 parallel, 1 USB. Fused direct connect wiring for a 12v system. Portable cigarette lighter power adapter is available. 11 12 15 WLKACCES-0049 In-Vehicle Charge Guard-- Battery Protection System. $84.55 $1,268.25 Disconnects Hammerhead from vehicle power when vehicle is not running. High and Iow voltage protection. Pre-set for 2-hour delay. 13 14 15 410073-001 Cisco 350 802.11a/b/g Wireless LAN with integrated $154.00 $2,310.00 antenna for use with door 15 16 15 460317-CS XRT 802.11a/b/g & CDMNGPRS Door. For use with $98.82 $1,482.30 Cisca a/b/g card and Sierra Aircard 550, 555 & 750. Includes '"'lump style'"' heavy-duty polycarbonate PCMClA door, o-ring & screws. 17 18 15 BT OEM Bluetooth OEM Module $195.00 $2,925.00 19 20 15 WLKACCES-0127 Compact Keyboard; USB Connector, PS/2 Adapter, $87.00 $1,305.00 Black Color 21 22 15 WLKACCES-0143 Protective Keyboard Skin (for WLKACCESS-0127 only) $11.00 $165.00 23 24 15 2YRWARRX Additional 2 years of warranty coverage $446.21 $6,693.15 25 26 SubTotal $90,955,65 27 28 Walkabout Options (Not included in price) 29 15 HAMDOCK Vehicle Docking System with GPS and Mighty Mouse $777.75 $11,666.25 Antenna, Rugged milled aluminum and 1/4"" thick steel construction, compact size for use in tight places, no adjustment to docking connection - ever, spring-loaded retention latch, push button keyed lock, keyboard tray, built-in power conditioner boosts Iow input voltage to ideal charging levels, surge protection, polarity protection, noise reduction, easy instalration, Connectors are connected to the dock using a separate ruggedized break-out box containing 1 keyboard, 3 RS232 serial, 1 parallel, 1 USB. Fused direct connect wiring for a 12v system. Portable cigarette lighter power adapter is available, with the addition of an Integrated Ashtech GPS receiver, Mighty Mouse 2 universal active GPS antenna (28 dB gain), 16' antenna cable with BNC connector and mounting hardware. NOTE: GPS functions only when Hammerhead is in vehicle dock, Docking Stations offer ruggedized, heavy duty aluminum support and quick docking and undocking with or without the carrying case. The Hammerhead is powered1 and its batteries are recharged, while in the dock. Hammerheads dock with all docking stations in an identical manner using heavy gauge guide pins so docking stations may be used interchangeably, Power and PC connectors come with each dock, (Optional) Page 2 30 31 15 WALKC-OO38-20D GPS Vehicle Dock Antenna Cable - 20 Ft. external $49.79 $746.85 coaxial, used with Ashtech GPS receiver, BNC connector installed on one end only, second BNC connector installed by customer (Optional) 32 33 1 WLKACCES-0126 Cigarette Lighter Power Cord (Optional) $76.00 $70.00 34 35 1 DESK2000AC Desktop Docking Station. Hammerhead sits on desk at $402.06 $402.06 an angle for easy viewing. Aluminum and steel A-frame design, heavy gauge guide pins, self-cleaning docking connector, 2 serial, 1 parallel, I keyboard, 1 VGA, 1 USB, universal NC power supply & cord. (Optional) 36 37 1 WLKACCES-0125 CD-ROM Drive with USB Connector, Bootable $200.00 $200.00 (Optional) 38 39 1 WLKY-O058 Ruggedized stylus for all Hammerhead TOUCH $18.79 $18.79 SCREEN units with tether (Optional) 40 41 1 WLKACCES-0054 Compact Microlite Keyboard with ""Nite Eyes .... $198.00 $198.00 Illumination; used with PS/2 keyboard connector in docking station (Optional) PRICES SUBJECT TO CHANGE - PRICES BASED UPON TOTAL PURCHASE - ALL DELIVERY, TRAINING OR CONSULTING TO BE BILLED AT PUBLISHED RATES FOR EACH ACTIVITY INVOLVED - GENERALLY ALL HARDWARE COMPUTER PROPOSED ABOVE ARE COVERED BY A LIMITED ONE YEAR WARRANTY, COVERING PARTS AND LABOR ON A DEPOT BASIS - SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OR WiTH REGARD TO ANY LICENSED PRODUCTS. WE SHALL NOT BE LIABLE FOR ANY LOSS OF PROFITS, GOODWILL, DATA, INTERRUPTION OF BUSINESS, NOR FOR INCIDENTIAL OR CONSEQUENTIAL MERCHANTABILITY OR PURPOSE, DAMAGES RELATED TO THIS AGREEEMENT. Page 3 WalkAbout Computers, Inc Page 1 of 27 AUTHORIZED FEDERAL SUPPLY SERVICE INFORMATION TECHNOLOGY SCHEDULE PRICELIST GENERAL PURPOSE COMMERCIAL INFORMATION TECHNOLOGY EQUIPMENT, SOFTWARE AND SERVICES SIN 132-8 PURCHASE OF EQUIPMENT FSC CLASS 7010 - SYSTEM CONFIGURATION Laptop/Portable/Notebook Computers SIN 132-12 - MAINTENANCE OF EQUIPMENT, REPAIR SERVICE, AND REPAIR PARTS/SPARE PARTS (FPDS Code J070 - Maintenance and Repair ServiceXRepair Parts/Spare Parts - See FSC Class for basic equipment) Repair Service W~a~bont Computers, Inc. 1501Northpuint Parkway, Suite 103-104 West Palm Beach, FL 33407 301-384-9551 www.walkabout-corrm.com Contract Number: GS-35F-0057P Period Covered by Contract: 10/31/03 10/30/08 Contract current through modifications PA-0004, dated 03-22-2004 General Servieas Administration Federal Supply Service Products and ordering information in this Authorized FSS Information Technology Schedule Pricelist are also available on the GSA Advantage! System. Agencies can browse GSA Advantage! by accessing the Federal Supply Service s Home Page via the Intemet at htm://www.fss.gsa.gov/ https://www.gsaadvantage.gov/ref_text/GS35FOO57P/GS35FOO57P_online.htm 8/11/2004 WalkAbout Computers, In¢ Page 21 of 27 EQUIPEMENT PRICING I GSA GSA GSA Price Price Price Part Number Description 1 - 9 10 - 24 25 - 99 uniis units units Hammerhead XRT Tablet Computers Hammerhead XRT's come with: 800 ~ Intel Pentium III M cpu, Microsoft Windows XP Tablet PC Operating System, Active Pan with Tether, 10.4" 800x600 Active MaWix TFT Color Display, Tempered-Hardened Glass, Milled-Ah'craft Aluminum Case, Shock- Mounted Hard Drive, one USB Port, one Type HI PCMCIA slot (accomodates 2 Type Il PCMCIA cards), one Hot-Swappable 2100 mAh Li-lon Battery (holds two), One-Year Warranty. Dim:10.62 x 8.25 x 1.$6", Mil-Std-810F and IP67 Rated. Requires: an AC power supply to charge batteries ifa docking station is not ordered. 900010-001 XRT Color Pan Based Tablet $4,404.11 $4,183.90 $3,963.70 with Outdoor TFT Transfleetive Display, 256 MB RAM, 20 GB hard drive. 900010-002 XRT Color Pen Based Tablet $4,591.52 $4,361.94 $4,132.37 with Outdoor TFT Transflecfive Display, 256 MB RAMp 40 GB hard drive 900010-003 XRT Color Pan Based Tablet $4,521.24 $4,295.41 $4,069.59 with Outdoor TFT Tranaflective Display, 512 MB RAMr 20 GB hard drive 900010-004 XRT Color Pen Based Tablet $4,708.85 $4,473.45 $4,238.25 with Outdoor TFT Transflective Display, 512 MB RAMp 40 GB hard drive 900044-001 XRT Color Pan Based Tablet $3,982.44 $3,783.79 $3,584.20 with Indoor Txansmissive Display, 256 MB RAM, 20 GB hard drive 900044-002 XRT Color Pen Based Tablet $4,169.85 $3,961.83 $3,752.86 with Indoor Transmissive Disphy, 256 MB RAM, 40 GB hard chive 900044-003 XRT Color Pen Based Tablet $4,099.57 $3,894.36 $3,690.08 htt~s://www.gsaadvantage.gov/ref_text/GS35FOO57P/GS35FOO57P_online.htm 8/11/2004 WalkAbout Computers, In¢ Page 22 of 27 with Indoor Transmissive Display, 512 MB RAM, 20 GB hard &ive 900044-004 XRT Color Pen Based Tablet $4,286.98 $4,072.40 $3,858.75 with Indoor Transmissive Display, 512 MB RAM, 40 GB hard drive 900050-001 XRT Color Touchscreen $3,982.44 $3,783.79 $3,584.20 Tablet with Indoor Transmissive Display, 256 M~ RAM, 20 GB Hard Disk Dl~ve 900050-002 XRTColorTouchscrean $4,169.85 $3,961.83 $3,752.86 Tablet with Indoor Transmissive Display, 256 MB RAM, 40 GB Hard Disk Drive 900050-003 XRT Color Touchscreen $4,099.57 $3,894.36 $3,690.08 Tablet with Indoor Tr~n~tissive Display, 512 MB RAM, 20 GB Hard Disk Drive 900050-004 XRT Color Touchscrean $4,286.98 $4,072.40 $3,858.75 Tablet with Indoor Transmissive Display, 512 MB RAM, 40 GB Hard Disk Drive Hammerhead pen-based Hi- Vis XGA XRT comes with 800 MHz Mobile Intel Pentiura Ill Pwcessor-M, Mierosofl Windows XP Tablet PC operating system, active pen with tether, 10.4" 1024x768 XGA 'ft~l color display with hi-vis t~eatment for both indoor and outdoor use, chemically strengthened glass, milled aircraft- ~lnmlnqm homing, shock- mounted hard drive, one USB po~ one Type I~ PCMCIA slot (accommodates 2 Type H PCMCIA cards), one hot- swappable LMon Battery (second battery is optional), one-year warranty. Dimensions: 10.62xS.25xl.56", MlL-STD- 810F and IP66/67 rated. Requires an AC power supply to charge batteries ff a docking station is not ordered. 900086-001 XRT Color Pen-based Tablet $4,169.85 $3,961.83 $3,752.86 with 1024x768 hi-vis XGA display, 256 MB RAM, 20 GB Hard Disk Drive 900086-002 XRT Color Pan-based Tablet $4,357.26 $4,139.86 $3,921.53 with 1024x768 hi-vis XGA display, 256 MB RAM, 40 https://www, gsaadvantage.gov/ref_textYGS35FOO57P/GS35FOO57P_onlin¢.htm 8/11/2004 WalkAbout Computers, Ine Page 23 of 27 GB Hasd Disk Drive 900086-003 XRT Color Pen-based Tablet $4,286.98 $4,072.40 $3,858.75 with 1024x768 hi-vh XGA display, 512 MB RAM, 20 GB Hard Disk Drive 900086-004 XRT Color Pen-b~sed Tablet $4,474.39 $4,250.00 $4,027.42 with 1024x768 hi-vis XGA display, 512 MB RAM, 40 GB Hard Disk Drive XRT Carrying Case 900027-001 XRT Shock Absorbing $67.64 $63.88 $61.06 Molded Carrying Case with Handle, and Elastic Arm SUaps Software and Software Loading Devices WLKACCES-0124 Floppy Disk Drive with USB $56.22 $55.29 $55.29 connector~ Bootable WLKACCES-0125 CD-ROM Drive with USB $187.41 $183.56 $183.56 connector~ Bootable Pens WLKY-0058 Ruggedized stylus pen for all $19.73 $18.79 $17.85 Hammerhead TOUCH For Cold Environments 900082-001 Hard thive beater for cold $140.91 $134.33 $126.82 environments, and LCD display heat~ lmckage (Not available for TOUCH SCP~ units) Dockin~ Stations Docking Stations offer mggedized, heavy duty, alnmin~m sopport; and quick The ~ad is powered, and its batteries are recharged while in the dock. ~ead tablets dock with all dock/nE stations identically using heavy guage guide pins, so docking stations may be used interchangeably. Power and PC con~cctors come with each dock. DESK2000AC Desktop Docking Station - $422.73 $402.06 $380A5 Hammerhead sits on desk at an angle for easy viewing. Aluminum and Steel A Frame Design, Heavy Gauge Guide Pins, Self Cleanln~ Docking Connector. Cosmectors: l P/S 2 kcyboanl, 3 R5232 Serial, 1 Parallel, l SVOA, 1 USB, Universal A/C Power Supply https://www.gsaadvantage.gov/ref_text/GS35FOO57P/GS35FOO57P_online.htm 8/11/2004 WaLkAbout Computers, Inc Page 24 of 27 DESK2000AC-UETH D~ktop Docking Station $484.73 $460.30 $435.88 with Ethernet - same as the DESK2000AC with the eddition of an RI4~ Ethernet Network Adapter that connects through the docks USB connector. WALL2000-ETH W~dl Docking System with $460.30 $437.76 $414.27 Ethernet - For Horizontal mounting on walls. Milled AJum!nllm alld 1/4# thick Steel CunsUuction, Compact Size for use in tight places, Spring Loaded Retention Latch, Push Bu~ton Keyed Lock. Includes: Built in A/C Power Supply and cord, 1 P/S 2 Keyboard Pon, Integrated USB RI45 Ethernet Adapter HAMDOCK USB Vehicle DoehinI System $515.73 $490.36 $464.06 (USB) - For mounting in vehiclcs. Rugged milled Aluminum and 1/4" thick Steel ConsUuction, Compact Size for use in tight places, adjustable Tilt Swivel, Spxing Loaded Retention Latch, Push Bution Keyed Lock, Keyboard Tray, built in power cunditioner boosts low input voltage to ideal charging levels, Surge Protection, Polarity Protection, Noise Reduction, Easy Inslallation. Connectors a~e connected to the dock Break-out Box containing: 1 keyboard, 3 RS232 Serial, 1 Perallel, 1 USB. Fused direct connect wring for a 12v system..4 portable cigarette lighter po~,~er adapter is available. HAMDOCK RF Vehicle Doehin~ System $703.61 $668.85 $633.15 with RF Switch - the HAMDOCK USB with the : ~[ditiun of an RF switch. (Requires RF option in Hammerhead.~ I HAMDOCK USWGPSANC Vehicle Docking System $892.42 $848.27 $803.18 with GPS and Disk Antenna - the HAMDOCK USB with the addition of an Integrated Ashtech GPS Receiver, WLKACCESS-00$1, GPS Disk Antenna, 16~ antenna cable with BNC connector, Note: GPS functions only https://www, gsaadvantage.gov/ref_text/GS35F0057P/GS35F0057P_online.hlm 8/11/2004 , WalkAbout Computers, Ine Page 25 of 27 when Hammerhead is in the vechicle dock WALKC-0038-20D GPS Vehicle Dock Antenna $52.61 $49.79 $46.97 Cable - 20 Ft. External Coaxial, Used with Adatech GPS Receiver, BNC Connector imtalled on One End Only, Second BNC Connector Installed by WLKKIT-0001 Vehicle Dock Shim Kit $27.01 $25.36 $24.42 (2/~et, incl. Hardware) - Allows for fufdaer movement of keyboard tray for vehicle WLKACCES-0126 Cigarette Lighter Power Cord $65.76 $64.82 $64.82 with 12v transformer surge protection WLKACCES-0049 In-Vehicle Charge Guard - $89.24 $84.55 $80.79 Battery Protection System Di~cennects Hammenhead from vehicle power when . vehicle is llot r~mnln~. Hi and Low Voltase protection. WLKI-I-0006 Ham~nerDock Spare Key Set $4.70 $4.70 $4.70 for Lock (includes 2 keys) WLKY-0036 Vehicle Dock Connector $69.52 $65.76 $62.94 Break-ant box assembly (l~placement). Connections include: 1 keyboard, 3 RS232 Serial, 1 Parallel, 1 USB. Order appropriate power cable. WALKC-0011 Cennector Breakout Box $13.15 $12.21 $12.21 Power Cable - 6 fL WALKC-0011-10 Connector Breakout Box $16.44 $15.97 $15.03 Power Cable - 10 Port Replleator$ Port Repllcators offer a way to add additional connectors to the Hammerhead. Connector~: two serial ports, one parallel port, one SVGA video port, one PS/2 : keyboard pott, and one power socket. PRANGLE Port Replicator - Allows $187.88 $178.48 $169.09 Hammerhe~ to stand at 45 ~ A~le PRFLAT Port Repllcator - Attaches flat $187.88 $178.48 $169.09 on the back of the Hammerhead Keyboards https://www.gsaadvantage.gov/ref_text/GS35FOO57P/GS35FOO57P_online.htm 8/11/2004 ~ WalkAbout Computers, Inc Page 26 of 27 WLKACCES-0054 Compact Microlite Keyboard $186.00 $182.24 $182.24 with "Nite Eyes" l~umlnatiOl~ Ulled with PS/2 Keyboard Connector in doclrln~ station $79~.8~ WLKACCES-0127 Compact Keyboard - USB $81.73 $79.85 Connector WLKACCESo0143 Protective Keyboard Skin (for $10.33 $10.33 $10.33 WLKACCESS-0127) PCMCIA Network Cards & Door Kits Door kit~ are required to vacuum seal Hammerhead after installation of PCMCIA cards and antennas. Cards and Door Kit~ ~re installed before df~pping. (Antennas are ordered separately) 900018-001 XIr¢om Modem/Ethernet $281.11 $271.74 $265.18 PCMCIA Door Kit; Phone Modem and Ethernet RJ45 c~rd. Includes: "Lump Style" PCMCIA Door (460133-001) with modem & R J45 ports. Rugged Milled Alnminum Cons~ucfion, O-Ring Weterfight Seal; Xireom 56K Credit Card Global Modem (WLKKIT-0011); Xireom Credit Card Ethernet Adapter (XIRETHT2), Card Pull tab, {No .~ntenna Required) 900020-001 Ciao 802.11b Wireless $238.95 $232.39 $229.58 LAN PCMCIA Door Kit; 128 bit Encryption, 2.4 GHz DSSS, 11 Mbps Throughput; Type H PCMCIA Card; Kit includes "Lum~ StyleM PCMCIA Door (460122-001) for antenna. Rugged Milled A~umlm. lm Consl~dctlul~ O- Ri~ Wete~tight San~ Ciseo Wirele~ LAN Card 350 Series w/128 bit enc~ofion; ~un tab (w~r~r-oo 18) (Requires .4ntenna 410022- 001 or 410023-001~ Glob~! l~ositluning and RF Internal Module~ 900016-001 Garmin GPS (model 15 L) $544.85 $520.42 $498.82 with WAAS differential; includes: Global Po~itinning bracket with right angle antenna mounL https://www.gsaadvantage.gov/ref_text/GS35FOO57P/GS35FOO57P_online.htm 8/11/2004 . WalkAbout Computers, Inc Page 27 of 27 900017-001 GPRS/GSM Packet $460.30 $441.51 $428.36 Wirelesa; includes: RF Switch, Tnlmud antenna with mount. Internal radio located inside Hammerhead. Internal Unit No Door Required (Customer must supply own SIM card) AC and Vehicle Power WLKKIT-0004 Universal A/C Power Supply $51.67 $48.85 $46.97 and cord for use in the U.S. 900030-001 Universal A/C Power Supply $58.24 $55.42 $52.61 and Cord for use in the U.K. 900031-001 Universal A/C Power Supply $52.61 $49.79 $46.97 and cord for use in non-U.K. Europe WLKACCES-0126 Cigarette Lighter Power Cord $65.76 $64.82 $64.82 WLKO-0129 Universal A/C Power Supply; $46.03 $44.15 $41.33 110/220 volt: Does not include Power Cord for use in UK & Europe. Order with either WLKACCES-0146 (power cord for UK), or WLKACCES-0145 (power cord for Europe). WLKACCES-0146 Power Cord for Universal $13.15 $13.15 $13.15 A/C Power Supply (for use in UK only) WLKACCES-0145 Power Cord for Universal $4.70 $4.70 $4.70 A/C Power Supply (for use in Batteries and Chargers WLKI2000-P3-210 Li-len Battery Pack, Long $119.94 $114.32 $108.03 Lusting, M~mory-ffee, 2100 mAh WLKACCES-0117 Battery Charger for Sealed $310.00 $294.97 $279.00 Li-len Batteries, Desktop Two Bay Sequential Charger for Li-Ion battery packs. Extended Warranty 1YRWARRX Warranty: Additional 1 year $234.85 $234.85 $234.85 of warranty coverage 2YRWARRX Warranty: Additional 2 years $446.21 $446.21 $446.21 of watrenty coverage 3YRWARRX Warranty: Additional 3 years $634.09 $634.09 $634.09 of warranty coverage 4YRWARRX Warranty: Additional 4 yeess $821.97 $821.97 $821.97 of warranty coverage https://www.gsaadvantage.gov/ref_texffGS35FOO57P/GS35FOO57P_online.htm 8/11/2004 AGENDA REQUEST Date: August 18, 2004 Requestto be placed on: X ConsentAgenda __SpecialAgenda __WorkshopAgenda When: September 7, 2004 Description ofagendai~m: Purchase of nine (9) Walkabout Hammerhead XRT Mobile ~ata Terminals, mounting brackets and docking stations from Taylor Data Systems in the amount of $69,914.34 with funding from Acct. No. 334-6111- 519-64.11 ORDINANCE/RESOLUTION REQUIRED: YES NO X Draft of Resolution Attached: YES NO Recommendation: Approve the recommended purchase. Department Head Signature: ¥ (~_.-.~ Determination of Consistency with Comprehensive Plan: City Attorney Review/Recommendation (if applicable): Budget Director Review (required on all Items in~lging e~penditure of funds): 7 Funding :available: ' Yes / No Funding alternatives (if applicable): Account Number: ~-~ ll J-51 ~ .{ d- I / Account Description: Account Balance: Ci~ Manager Review: Approved for Agenda: ~ ~ No Hold ~ntil: ~fl~nda ~oordlnator R~i~: Received: Action: Approved: Disapproved: P.O.~ [ITY DF DELARY BEI:I[H FIRE-RESCUE DEPARTMENT SERV,NG DELRAY BEACH GULF STREAM HIGHLAND BEACH DELRAY BEACH Ali-America City 1993 MEMORANDUM 2001 To: David T. Harden, City Manager From: Kerry B. Koen, Fire Chief Date: August 30, 2004 Subject: Recommended Purchase - Paramedic Rescue Vehicle The Fire-Rescue Department is recommending the purchase of one (1) heavy duty Paramedic Rescue vehicle from Hall-Mark Fire Apparatus of Ocala, Flor/da representing Horton Emergency Vehicles of Columbus, Ohio in the amount of $169,215. The price includes a deduction from the vendor for the trade in value of a 1993 rescue vehicle at $8,000; and a 1995 rescue vehicle at $11,000. The purchase will be made using a competitive bid from the City of Columbus, Ohio for a similar vehicle. The City of Columbus has verified with our purchasing Division that we are authorized to use this bid for the recommended purchase. Delivery is expected from Horton within 180 to 210 calendar days after receipt of our order at Hall-Mark Apparatus in Ocala, Flor/da. This is a scheduled purchase to continue to provide reliable and functional emergency response vehicles with enhanced technology for basic and advanced life support functions. Fire Chief KBK/cls Attachments: 3 FIRE-RESCUE DEPARTMENT HEADQUARTERS - 501 WEST ATLANTIC AVENUE · DELRAY BEACH, FLORIDA 33444-2555 (561) 243-7400 · FAX (561) 243-7461 Printed on Recycled Paper ,H, ,, , --' _'Horton AMBULANCE PROPOSAL DATE: August 30, 2004 This Proposal has been prepared for: Chief Kerry Koen Delray Beach Fire Rescue 501 West Atlantic Ave Delray Beach, FL 33444 We propose to furnish to you one (l) Horton Rescue-Transport vehicle on a 2005 International extended cab, Model 623, to be custom built and equipped per the fire department's request. Delivery will be made approximately 180-210 calendar days ai~r rceeipt of the order at Hall-Mark Fire Apparatus in Ocala, FL. Terms of payment shall be cash on delivery (C.O.D.). Total Price of Ambulance $193,715.00 Minus (2) trade-in units, ('93 & '95) 19,000.00 Minus ROM Roll-up Doors 5~500.00 Revised Proposal $169,215.00 FOB Delray Beach This proposal shall expire unless accepted within 30 days after the date first set above. This expiration date may be extended, in writing, providing chassis pricing and availability has not changed. Company: Purchaser: By: By: Typed/Printed: Glenn Dacev Typed/Printed: Title: _Special Vehicle Renresemative Title: Date: _August 27, 2004 Date: ~** o~' '~-~ ~. City of Columbus :, Purchasing Office * '~- ~ Mayor Michael B. Coleman ~, ,~ Barbara R. Johnson, Procurement Manager Finance Departmen! . 50 West Gay Street, lsl Floor ¢.t'~O),~, Joel S. Taylor, Director Columbus, Ohio 43215-9036 614/645-8315 Fax: 614/645-7051 September 18, 2003 HORTON EMERGENCY VEHICLES DAVID M. LAMON 3800 MCDOWELL ROAD GROVE CITY OH 43123 SUBJECT: Invitation for Bid SA000472GRW, Medium Duty Medics Dear Mr. Lamon: Please accept this letter as notification that the City of Columbus has selected your company to receive a contract award for the item(s)/service(s) indicated on the enclosed'contract pages in accordance with your bid on the subject Invitation for Bid. At this time, the award and subsequent contract are still pending the appr~)val of the Equal Business Opportunity Commission Office, the City Council, the City Attorney, and certification of funds by the City Auditor. While the award is pending, the enclosed contract pages and Delinquent Personal Property Tax Affidavit should be signed by l~vi~ M l,~mn,~ and returned to: City of Columbus Purchasing Office 50 West' Gay Street, 1st Floor Columbus, OH 43215 All three (3) contract pages must contain original signatures, preferably in a color other than black. The Tax Affidavit must be completed and notarized, regardless of your business location, in compliance with the Ohio Revised Code Section 5719.042. Thank you for your prompt attention to this matter. Until the contract is fully executed, a contract number will not be assigned. This Office will send you an original contract as soon as it is available. Questions regarding the status of the pending contract may be addressed to Cindy White at the above address or (614)/645-7651. Sincerely, -- -~ Joel S. Taylor, Finance Director Attachments c: Fiscal Officer, Buyer, File The City o~ Columbus is an Equal Opportuqity Employer AGENDAITEM NUMBER: AGENDA REQUEST Date: Aumust 30, 2004 Request to be placed on: x Consent Agenda __ SpecialAgenda __ Workshop Agenda When: September 7. 2004 Description ofagenda item: PuTchase of one (1~ Heavy-Duty Paramedic Unit from Hall-Mark Fire Aoparatus/Horton Emergency Veh~mle~ ~n the of $169.215 with funding from Central Garage Fundm. ($1~,000): and 501-3312-5ql-64.21' ($~.2] ~' ooo ORDINANC~RESOLUTION REQUIRED: YES NO x DraE of Resolution AEached: YES NO Recommendation: Approve the Te~ommended Department Head Signature: y~_._~ Determination of Consistency with Comprehensive Plan: City Attorney Review/Recommendation (if applicable): Budget Director Review (requir~l on all Items involving expenditure of funds): Fun~ng available: Yes No Funding alternatives (if applicable): Account Number: Account Description: Account Balance: Ci~ Manager Review: F~ o~/e~ -~ J ~ ' Approved for Agenda: ~ ~ No Hold Until: Agenda Coordinator Review: Received: Action: Approved: Disapproved: P.O. City Of Delray Beach Department of Environmental Services M E M 0 R A N D U M www.mydelraybeach.com TO: David Harden, ~~ FROM: Victor Majteny~, Construction Manager SUBJECT: DELRAY SWIM AND TENNIS STORAGE BUILDING (P/N 2002-012.1) Commission Agenda Item, Contract Award DATE: AUGUST 31, 2004 Attached is an Agenda Request for award of contract to Construction Quality Control, Inc. in the amount of $89,986.00 for the Delray Swim and Tennis Center Storage Building construction project, P/N 2002-012.1. The scope of work consists of constructing a 1,000 SF CBS building with fiberglass shingle roof. The project bid on Wednesday, August 11t~, 2004, with the lowest responsive bid from Construction Quality Control, Inc. in the amount of $89,986.00. The bid tabulation is attached for your review. Funding is form 117-4133-572-62.10, Recreation Impact Fee Fund/Buildings, after budget transfer. cc: Richard Hasko; Director of ESD Randal Krejcarek; City Engineer Rafael Ballestero; Dep. Dir. of Construction Carolanne Kucmerowski; City Clerk's Office Agenda File; 09/07/04 File 2002-012.1 (A) SSEngAdmin\Projects~2002~2002-012.1\CONSTRCTmgda memo CQC 09.07.04.doc ~,, '~ Date: August 31, 2004 ' AGENDA ITEM NUMBER:~ ~ AGENDA REQUEST Request to be placed on: Consent Agenda Regular Agenda Workshop Agenda Special Agenda When: September 7, 2004 Description of Agenda Item (who, what, where, how much): Award of contract to Construction Quality Control, Inc. in the amount of $89,986.00 for the construction of the Delray Swim and Tennis Center Storage Building project, P/N 2002-012.1. The scope of work consists of constructing a 1,000 SF CBS building with fiberglass shingle roof. Funding is available from 117-4133-572-62.10, Recreation Impact Fee Fund/Buildings. Staff Recommendation: Approve award of contract to Construction Quality Control, Inc. for the above referenced project. ~ ~ Department Head Signature:~ ~'-(~ ( -~ City Attorney Review/Recommendation (if applicable): Budget Director Review (re~quired on all items involving expenditure of funds): Funding Available: Yes / No Initials: Account Number See above Description See above Account Balance: See above Funding Alternatives: (if applicable) ~/j//,~ City Manager Review: ~-) Approved for Agenda:/qe~ No Initials: Hold Until: Agenda Coordinator Review: Received: SSEngAdminXProjectsX2002~2002-012.1\CONSTRCTXagnd req CQC 09,07.04,doc RESOLUTION NO. A A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, CONFIRMING A DECLARATION OF A STATE OF EMERGENCY, AND AUTHORIZING THE EVACUATION OF CERTAIN AREAS OF THE CITY OF DELRAY BEACH, FLORIDA. WHEREAS, a State of Emergency in the City of Delray Beach was proclaimed by City Manager, David Harden on September 2, 2004 due to Hurricane Frances; and WHEREAS, citizens must be moved from harm's way; and WHEREAS, Chapter 95 of the City of Delray Beach Code of Ordinances authorizes the activation of plans for evacuation during a state of emergency. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. A declaration of a State of Emergency proclaimed on September 2, 2004 is hereby confirmed. Section 2. Hurricane Frances seriously affects and threatens the lives and property of residents of the City of Delray Beach and requires the evacuation of citizens from the following area(s): Barrier Island and East of Federal Highway effective 2:00 p.m. Thursday, the 2rd day of September, 2004. Section 3. Such evacuation shall remain in effect until competent authority declares the state of emergency terminated. Section 4. This resolution shall take effect at the date and time specified in Section 2. CONFIRMED, APPROVED AND RATIFIED on this the __ day of , 20__. MAYOR ATTEST: David Harden, City Manager Date/Time RESOLUTION NO. B A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, CONFIRMING A DECLARATION OF A STATE OF EMERGENCY, AND AUTHORIZING THE SETTING OF A CURFEW AND DESIGNATING CERTAIN AREAS OFF LIMITS. WHEREAS, a State of Emergency in the City of Delray Beach was proclaimed by David Harden, City Manager on Thursday, September 2, 2004. WHEREAS, conditions arising from Hurricane Frances will seriously affect the safety and security of the lives and property of the citizens of the City of Delray Beach; and WHEREAS, Chapter 95 of the City of Delray Beach Code of Ordinances authorizes the declaration of a curfew and the designation of areas as off limits during a state of emergency. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. A declaration of a State of Emergency proclaimed on September 2, 2004 is hereby confirmed. Section 2. Hurricane Frances has seriously affected and created conditions which threaten the safety and security of the lives and property of the citizens of Delray Beach and thereby requires the establishment of a curfew throughout the City of Delray Beach, Florida between the hours of 8:00 p.m. and 6:00 a.m. daily except personnel authorized by the Police or Fire Departments effective 8:00 p.m., Friday, September 3, 2004. Section 3. This resolution shall take effect 8:00 p.m., Friday, September 3, 2004. Section 4. All violations of the provisions of this resolution shall be subject to prosecution under Section 95.99 of the Delray Beach Code of Ordinances. CONFIRMED, APPROVED AND RATIFIED on this the day of , MAYOR ATTEST: Citv Clerk David Harden, City Manager Date/Time RESOLUTION NO. D A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, CONFIRMING A DECLARATION OF A STATE OF EMERGENCY, AND PROHIBITING THE SALE OF MERCHANDISE, GOODS OR SERVICES AT MORE THAN THE AVERAGE RETAIL PRICE. WHEREAS, a State of Emergency in the City of Delray Beach was proclaimed by the City Manager, David Harden on Thursday, September 2, 2004 due to Hurricane Frances. WHEREAS, Hurricane Frances threatens the stability, economy and civil order of the City of Delray Beach and its citizens; and WHEREAS, charging more than the average retail price under existing conditions is an attempt to profit from the misfortune of others and can lead to civil strife, to inequities in the distribution of essential materials such as foodstuffs, ice, fuel, and other vital necessities, and to a greater loss of the sense of hope and well being so basic to a speedy recovery and restoration of the community; and WHEREAS, Chapter 95 of the City of Delray Beach Code of Ordinances authorizes this prohibition of the sale of merchandise, goods or services at more than the average retail price during a state of emergency. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. A declaration of a State of Emergency proclaimed on Thursday, September 2, 2004 is hereby confirmed. Section 2. Hurricane Frances has and conditions arising therefrom threaten to create shortages of essential goods and services which are needed to sustain the physical well being, economic stability and public order of the City of Delray Beach and its citizens. Section 3. No person or business entity offering goods or services for sale within the City of Delray Beach shale charge more than the average retail price as defined by Section 95.01(B), Chapter 95, Code of Ordinances, during the period of the declared emergency. Section 4. All violations of the provisions of this resolution shall be subject to prosecution under Section 95.99 of the Delray Beach Code of Ordinances. Section 5. The regulation and control of retail prices within the City of Delray Beach shall remain in effect until competent authority declares the state of emergency to be terminated. Section 6. This resolution shall take effect at 2:00 p.m. on Thursday, September 2, 2004. CONFIRMED, APPROVED AND RATIFIED on this __ day of ,2004. MAYOR ATTEST: /~ Crib/Clerk , David Harden, City Manager D 2 RES. NO. D RESOLUTION NO. E A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, CONFIRMING A DECLARATION OF A STATE OF EMERGENCY, AND PLACING CERTAIN RESTRICTIONS ON THE USE OF WATER WITHIN THE UTILITY SERVICE AREAS OF THE CITY OF DELRAY BEACH. WHEREAS, a State of Emergency in the City of Delray Beach was proclaimed by David Harden, City Manager on September 2, 2004 due to Hurricane Frances; and WHEREAS, Hurricane Frances threatens the water supply of the City of Delray Beach; and WHEREAS, extraordinary actions must be taken to assure adequate potable water supplies; and WHEREAS, Chapter 95 of the City of Delray Beach Code of Ordinances authorizes water use restrictions during a state of emergency. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. A declaration of a State of Emergency proclaimed on Thursday, September 2, 2004 is hereby confirmed. Section 2. Hurricane Frances, if the winds exceed 100 mph will seriously affect the water supply of the City of Delray Beach and requires the restriction of water to and use within the following area(s): Barrier Island and other areas where it is deemed unsafe to use the water. This restriction is effective 2:00 p.m. September 2, 2004. Section 3. Water use shall be restricted to the following conditions: Use as authorized by the City. Section 4. Such restrictions shall remain in effect until competent authority shall declare the state of emergency terminated. Section 5. This resolution shall take effect at the date and time specified in Section 2. CONFIRMED, APPROVED and RATIFIED on this the day of , 20--. MAYOR ATTEST: A ~,~ty Clerk~- David Harden, City Manager Date/Time RESOLUTION NO. H A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELP, AY BEACH, FLORIDA, RELATING TO EMEP,GENCY MANAGEMENT; CONFIRMING A DECLARATION OF A STATE OF EMERGENCY; AUTHORIZING EMERGENCY PURCHASING AND PROCUREMENT PROCEDURES AND SUSPENDING CERTAIN CITY CODES, RULES AND REGULATIONS RELATING TO PURCHASING AND PROCUREMENT; THIS RESOLUTION SHALL BE VALID FOR THIRTY (30) DAYS AND AUTOMATICALLY RENEWED EVERY THIRTY (30) DAYS UNTIL FURTHER ACTION BY THE CITY COMMISSION. WHEREAS, a State of Emergency in the City of Delray Beach was proclaimed by David Harden, City Manager on Tuesday, September 2, 2004 due to Hurricane Frances; and WHEREAS, it is expected that Hurricane Frances will cause extensive damage to public and private property within the City of Delray Beach; and WHEREAS, the procurement of emergency supplies, goods and services is necessary as is the expeditious restoration of property to pre-existing conditions is vital to enable the re-establishment of public activity; and WHEREAS, adherence to certain local ordinances, rules and regulations establishing purchasing and procurement procedures can delay the process handling the emergency of restoring public facilities to conditions existing prior to the emergency; and WHEREAS, Chapter 95 of the City of Delray Beach Code of Ordinances authorizes the enactment of emergency procurement procedures during a State of Emergency. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. The recitals and findings contained in the preamble to this resolution are hereby adopted by reference thereto and incorporated herein, as if fully set forth in this section. .Section 2.. A declaration of a State of Emergency proclaimed on Thursday, September 2, 2004 is hereby confirmed. Section 3. Hurricane Frances is expected to cause damage to numerous properties, rendering them unsafe or marginally habitable. Section 4. The emergency will cause disruption and damage to roads, streets and other public facilities and thoroughfares. Section 5. It is necessary to eliminate immediate threats to the life, health and safety of residents and employees, and eliminate immediate threats to undamaged property, as well as ensure economic recovery to the City and the community. Section 6. A valid public emergency exists justifying the waiver of formal competitive sealed bids and competitive selection procedures for the acquisition of such services, equipment, goods and/or materials, as may be required for burden relief and disaster assistance. Section 7. By an affirmative vote of 4/5ths of the members of the City Commission, formal competitive sealed bid procedures for the procurement of services, equipment, goods and/or materials for the purpose of eliminating immediate threats to the life, health and safety of residents and employees and to eliminate immediate threats to undamaged property, as well as ensure economic recovery to the City and the community, are hereby waived. Section 8. The City Manager is hereby authorized to utilize City forces to participate in the burden, relief and disaster assistance as may be required. Section 9. The City Manager is hereby authorized to: accept the most reasonable, responsive and responsible bid or quote (for necessary improvements, services, equipment, goods and/or materials associated with said burden relief and disaster assistance) and to execute the necessary purchase order(s), agreements, service authorizations, or change orders in a form acceptable to the City Attorney. Section 10. The City Commission hereby ratifies, approves and confirms the City Manager's previous expenditure of monies for contracts and awards in conjunction with the burden relief and disaster assistance. Section 11. The City Manager is hereby authorized to execute agreement(s), service authorization(s), change order(s) and/or purchase orders for acquisition of such services, equipment, goods and/or materials, as may be required for burden relief and disaster assistance. Section 12. The City Manager is hereby permitted to proceed without express City Commission approval, execution of such purchase orders, contracts, service authorizations, change orders, and agreements and in his expenditures of monies for the aforesaid, in conjunction with said burden relief and disaster assistance where such expenditure of monies for any contract and/or award in connection therewith, does not exceed $150,000.00. Section 13. The City Manager is instructed to submit to each City Commissioner a copy of each contract, agreement, purchase order, service authorization, or change order issued pursuant to this resolution on the same day said contract or purchase order is executed by him. Section 14. The emergency renders it necessary to suspend local ordinances, rules and regulations dealing with purchasing and procurement. 2 RES. NO. H Section 15. This resolution shall be valid for thirty (30) days and automatically renewed every thirty (30) days until further action by the City Commission. Section 16. That this resolution shall take effect immediately upon the declaration of the Emergency, CONFIRMED, APPROVED and RATIFIED on this the__ day of , 2004. MAYOR ATTEST: y Clerk . David Harden, City Manager Date/Time 3 RES. NO. H RESCISSION OF RESOLUTION NO. A A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, CONFIRMING A DECLARATION OF A STATE OF EMERGENCY, AND AUTHORIZING THE EVACUATION OF CERTAIN AREAS OF THE CITY OF DELRAY BEACH, FLORIDA. WHEREAS, a State of Emergency in the City of Delray Beach was proclaimed by City Manager, David Harden on September 2, 2004 due to Hurricane Frances; and WHEREAS, citizens must be moved from harm's way; and WHEREAS, Chapter 95 of the City of Delray Beach Code of Ordinances authorizes the activation of plans for evacuation during a state of emergency. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. A declaration of a State of Emergency was proclaimed on September 2, 2004. Section 2. Hurricane Frances seriously affected and threatened the lives and property of residents of the City of Delray Beach and required the evacuation of citizens from the following area(s): Barrier Island and East of Federal Highway effective 2:00 p.m. Thursday, the 2rd day of September, 2004. Section 3. Such evacuation is terminated. CONFIRMED, APPROVED AND RATIFIED on this the __ day of ., 20__. MAYOR ATTEST: Clerk David Harden, City Manager Date~ime REVISED RESOLUTION NO. B A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, CONFIRMING A DECLARATION OF A STATE OF EMERGENCY, AND AUTHORIZING THE SETTING OF A CURFEW AND DESIGNATING CERTAIN AREAS OFF LIMITS. WHEREAS, a State of Emergency in the City of Delray Beach was proclaimed by David Harden, City Manager on Thursday, September 2, 2004. WHEREAS, conditions arising from Hurricane Frances will seriously affect the safety and security of the lives and property of the citizens of the City of Delray Beach; and WHEREAS, Chapter 95 of the City of Delray Beach Code of Ordinances authorizes the declaration of a curfew and the designation of areas as off limits during a state of emergency. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. A declaration of a State of Emergency proclaimed on September 2, 2004. Section 2. Hurricane Frances has seriously affected and created conditions which threaten the safety and security of the lives and property of the citizens of Delray Beach and thereby requires the establishment of a curfew throughout the City of Delray Beach, Florida between the hours of 10:00 p.m. and 6:00 a.m. daily except personnel authorized by the Police or Fire Departments effective Tuesday, September 7, 2004. Section 3. This resolution shall take effect as set forth in Section 2. Section 4. All violations of the provisions of this resolution shall be subject to prosecution under Section 95.99 of the Delray Beach Code of Ordinances. CONFIRMED, APPROVED AND RATIFIED on this the __ day of , 20__. MAYOR ATTEST: · , 'ty Clerk TO: DAVID T. HARDE~C~ I..TY .~,~4G~.,EI~ . THRU: PAUL DORLING, 'DIRECTOR OF PI.~ING~.~~AND.~/~) FROM: ESTELIOBRETO, SENIOR PLANNER ~_~"~_~J~~, . SUBJECT: MEETING OF JULY 28, 2004. APPEAL OF THE SITE PLAN REVIEW AND APPEARANCE BOARD'S APPROVAL OF A CLASS IV SITE PLAN MODIFICATION, LANDSCAPE PLAN AND ELEVATIONS ASSOCIATED WITH THE CONSTRUCTION OF TWO {2) NEW APARTMENT BUILDINGS AT PALMS OF DELRAY. The action requested of the City Commission is that of consideration of an appeal of the Site Plan Review and Appearance Board's approval of a Class IV site plan modification, landscape plan, and architectural elevations for the construction of two (2) new apartment buildings at Palms of Delray. The subject property is located on the south side of Dotterel Road, approximately 100' feet east of Jaeger Drive. The Site Plan Review and Appearance Board's action was taken on July 28, 2004. The action was appealed on August 10, 2004 by Peter B. Scott, board member of Palms of Delray's Home Owner Association (Tract A). This appeal is being processed pursuant to LDR Section 2.4.7(E) Appeals. The 5.335 acre site consists of Tract B, Palms of Delray, and is zoned RM (Multiple Family Residential - Medium Density). The subject property contains 32 existing rental units within eight (8) 2-story rental apartment buildings with associated parking and landscaping. Palms of Delray was originally developed as two separate tracts (A & B). The City Commission approved the site plan for Tract "A" on August 14, 1978 and the site plan for Tract "B" on April 28, 1980. The two individual tracts were joined by unity-of-title as they were under the same ownership and shared a common recreation area. On April 10, 1984 the unity-of-title was released and the tracts are now under separate ownership. Today, the units in Tract A are under individual fee- simple ownership with an association, while Tract B is owned by a single owner and are utilized as rental units. Although, the two developments are no longer a unified development, they still share a common access road (Albatross Road) and walkways. At its meeting of September 11, 2002, the Site Plan Review and Appearance Board (SPRAB) reviewed and approved the Class IV site plan modification, and landscape plan to construct an additional fourteen (14) rental units within the existing thirty-two (32) unit Palms of Delray rental development. The Board approved the related architectural elevations on October 23, 2002. On March 26, 2004, the approved Class IV site plan modification expired. The applicant resubmitted the development proposal which was approved by SPRAB on July 28, 2004. A Board member from the adjacent development has filed an appeal of that decision. At its meeting of July 28, 2004 the Site Plan and Appearance Board approved the Class IV site plan modification, landscape plan, and architectural elevations. The Board followed the City Commission Documentation Meeting of September 7, 2004 Appeal of SPRAB Action - Palms of Delray Page 2 established quasi-judicial procedures in considering the project. City Staff and the applicant offered testimony, which supported the development proposal. There was public testimony in opposition to the request from residents of the adjacent development. The objections mainly related to the following issues: · The area proposed for additional units was originally designated for recreational uses. · If the site plan modification is allowed, a new building will be on top of the swimming pool and club house of the residents of Palms of Delray (Tract A). · Tract "A" has improvements that encroach over the property line and would be negatively impacted with any building that provides the minimum required setback of 15'. · The adjacent property uses the improvement area for erupting of their pool during the routine maintenance. On August 10, 2004, the Site Plan Review and Appearance Board's action was appealed by Peter B. Scott, board member of Palms of Delray's Home Owner Association (Tract A). The proposed basis of the appeal is that the action taken by the Site Plan Review and Appearance Board was inconsistent with the Comprehensive Plan and the Land Development Regulations (LDR). What follows is an excerpt of the letter of appeal presented by Peter B. Scoff; "We request a fair hearing, and ask the Commission to over rule the Site Plan Review and Appearance Board in the interest of both the homeowners of Palms of Delray and the City, and therefore to revoke or substantially amend the site plan modification thus far obtained by JMS Delray LIC. We ask you to restore the open space designated as a recreation area, which was designated in a plat when our acreage was joined with that of JMS Delray LIC." The relief being sought is that the approval of the Site Plan, Landscape Plan and Architectural Elevations be reversed and denied. The Board conducted its meeting pursuant to the approved quasi-judicial hearing process. The Board considered all public testimony and after deliberation approved the site plan modification by adopting the findings of fact and law contained in the staff report, and finding that the request and approval thereof is consistent with the Comprehensive Plan and meets criteria set forth in Sections 2.4.5(F) (5), 2.4.7(B) (5), 2.4.7(C) (5), 4.6.16, 4.6.18 (E) and Chapter 3 of the Land Development ReguLations. Given the above, arguments in the requested appeal are without merit and consequently should be denied. Deny the appeal based upon a finding that the Site Plan Review and Appearance Board, correctly considered the appropriate LDR sections and related Comprehensive Plan policies in their deliberations of the site plan modification request for Palms of Delray. Attachments: SPRAB Staff Report, Appeal Letter Au$us~ 10, 2004 Chevelle Nubia Actin city Cle City of~y B~C~ 161 ~ la Avenue ~ray B~k Fi~i~ 33~4 ~ 2~ Albatross R~d NoRh~~lf°fPajms of Dolra~ Hommwn~s ~c~fi~ofhom~o~ ~v~ly aff~ by~e mli~ of the city pining ~d r~ on 2~ of July, 2~. Tho ~ is t~en ~om a chss 4 ' ' · s~te plan ~fi~on ~t~ to ~S ~lray ~C ~ th~ - ~e. Your file ~mber for this m~tt~ is: 20~-313. ~e matt~ is ~bj~t Io r~iew by the city ~ncil to whom we ~w ~o~lly ~1 for reliefa~ of the city. The ~is of thc ~ is t~t the ~d ~ in ~ng ~e site plan modification in ~; a) it isnor~ the ~igi~ pl~ pl~ d~i~ation of the disputM ~, ~ thou~ the o~nal plat pl~ ~ nm r~rd~ it was ~ror~d ~t o~ as~ti~ i. the ~t~ ofr~d maint~ as r~ly as 1996, ~y rati~i~ ~ o~n~ plan or' 1980. ~e ~ in divine ~ des~ ~ r~o~ ~ this desi~i~ ~s n~er changed. c) [ft~ modifi~ion is ~low~, ~ n~ buildi~ w~l bg on top of our swimming p~l ~d clubbed, d~m~ng Rs ~v~y ~ ~ics. d) ~ant~ the modification ~11 ~ol~e pu~ng it ~ ~e ~ol~on. e) ~ ~st~lish~ ~ven y~ old ~unity ~mming P~L when ~pti~ ~or re.ne m~an~, ~11 fl~ t~ ~ ~ be buiR u~n, Tho buildin~ ~ahi~umlly, ~11 only ~te ~wd~ ~o~ ~uly, ~ th~ i~ the ~ ~ ~o~ o~r ~mes, but will al~ be o~ of c~r ~d in ~nfli~ with ~ ~at-r~f ~c~t~e both ~ ~ d~elopm~t ~d ~ ~tldlnSs ~ by g) M~bers often pl~ni~ ~d ~ t~ thoy mi~t well have de~i~ the ~ifi~tion w~ ~is a m~ oF6r~ imp~aia~ but b~ alon~ they w~e relu~ to do ~, ~ though they were ~mowh~ tmubl~ by the ~in~ t~ we ~. S~ t~ ~me ~low~ ~or buil~n~ ~om ~ time appli~ secured permission for the modification in September 2002, expired in march. 2004. conceptually this hearing for re-application wes once again a matter ut first impression. To consider this an existing or old matter with et hi,tory just being brought up to da~e specious and unsustalnable. The board sho,,ld have considered this on its merits as though k was a completely new matter. rs~=ao no~c m~z we Were not g/yen notice or ~Tved or not/fled of the first hear/n in S~tember of 2002 and acted ~tsonably and with al~'rity when the work began without formal permi~ion in June of 2004 (our real first notice that something was happening). We ar~ thc party that brought the unsanctioned, unauthorized construct/on activity to the attention ofth~ city, thus noc~asitatitlg the very hearin~ where they took this pos/tJon (enumerated in "g" abo~,e) - a contradict~on. i) Finally, repre~entative~ ofJM$ Delray LIC, were allowed to make mlsrepresentaUons and Improper characterirmtions at tho July 28m hearing, which our council was not allowed to rebut. Wu appeal for relief to the city commission. We r~qu~t n fair he~Lring, and ~ tho commission to over rule the planning bo/u'd in the interest of both the homcowncra of Palms of Delray, the welfare oftbe community at large and the city, and therefore to revoke or substantially amend the site plan modification thus far obt/dned by JMS D¢lray LIC. We ask you to remote the open apace designated as a reoreat/on we~, which was designate, d in a builder* ' _.~ plat p~an when our acrea~ was joined with that of .rMS Delray LIC, and which, while not recorded formally, has been relied ripen by all parties, including the homeowuera of Palina o{'D©lray who have changes their position substantially and rellatwo therein. SITE PLAN REVIEW AND APPEARANCE BOARD CITY OF DELRAY BEACH ---STAFF REPORT--- MEETING DATE: July 28, 2004 AGENDA ITEM: ~V.A, ITEM: Palms of Delray - Class IV site plan modification, landscape plan and architectural elevations associated with the construction of two (2) new apartment buildings housing fourteen (14) new units. GENERAL DATA: Owner/Applicant .......................... Steve Michael, JMS Delray, LLC Agent .......................................... Weiner & Aronson, P.A. Location ...................................... South side of Dotterel Road, approximately 100' east of Jaeger Drive. Property Size .............................. 5.335 Acres Future Land Use Map ................ MD (Medium Density Residential) Current Zoning ............................ RM (Multiple Family Residential - Medium Density) Adjacent Zoning ................ North: RM (Multiple Family Residential - Medium Density) East: RM (Multiple Family Residential - Medium Density) South: R-l-AA (Multiple Family Residential) West: R-l-AA (Multiple Family Residential) Existing Land Use ...................... Multifamily Residential Proposed Land Use .................... Construction of two (2) new apartment buildings housing fourteen (14) new units. Water Service ............................. Existing on site. Sewer Service ............................. Existing on site. IV. A. The action before the Board is approval of a Class IV site plan modification request for Palms of Delray, pursuant to LDR Section 2.4.5(F). The request involves the following: · Site Plan; · Landscape Plan; and, · Architectural Elevations. The subject property is located on the south side of Dotterel Road, approximately 100' east of Jaeger Drive. The 5.335 acre site consists of Tract B, Palms of Delray, and is zoned RM (Multiple Family Residential - Medium Density). The subject property contains 32 existing rental units within eight (8) 2-story quadraplex rental apartment buildings with associated parking and landscaping. The Palms of Delray was originally developed as two separate tracts (A & B). The City Commission approved the site plan for Tract A on August 14, 1978 and the site plan for Tract B on April 28, 1980. The two individual tracts were joined by unity-of-title as they were under the same ownership and shared a common recreation area. On April 10, 1984 the unity-of-title was released and the tracts are now under separate ownership. Today, the units in Tract A are under individual fee-simple ownership with an association, while one owner owns the entire portion of Tract B and the units are rented units. Although, the two developments are no longer one unified development, they still share a common access road (Albatross Road) and walkways. At its meeting of September 11, 2002, the Site Plan Review and Appearance Board (SPRAB) reviewed and approved the Class IV site plan modification, landscape plan, and tabled the architectural elevations associated with a proposal to construct an additional fourteen (14) rental units within the existing thirty-two (32) unit Palms of Delray rental development. The proposal involved construction of a two-story 4-unit building and a twb-story 10 unit building, construction of a playground area, 40 new parking spaces and associated landscaping and refuse container area. The Board tabled the architectural elevations associated with the proposal as they had concerns with the difference in architectural style/design from the proposed to the existing. At its meeting of September 25, 2002 the Board reviewed the elevations which were revised to include alternate roofing materials. The proposal was tabled again as the Board still had concerns with the elevations not being consistent with the existing structures. At its meeting of October 23, 2003 the Site Plan Review and Appearance Board (SPRAB) reviewed and approved the architectural elevations. The revised elevations included a concrete block structure with a smooth stucco finish with stucco banding around the middle of both buildings. The roofing material consisted of shake shingles. Site Plan Review and AppearanCe Board Staff Report Class IV Site Plan, Landscape Plan, and Architectural Elevations for Palms of Delray Page 2 with opposing hip roof features. The proposed windows are colonial in style with transoms and stucco banding. The first floors have been provided with fence enclosed porches (6' high wood) with the second floor balconies that extend over the patio areas, which satisfied the Board. On April 5, 2004, a Class I site plan modification was administratively approved for parking lot modifications to accommodate handicapped accessible parking spaces. On March 26, 2004, the approved Class IV site plan modification expired. The applicant has resubmitted the site plan, landscape plan and architectural elevations and is seeking approval from the Board. The development proposal consists of the following: · Construction of a ten (10) unit two-story rental apartment building with each unit containing two bedrooms, porches and balconies. · Construction of a four (4) unit two-story rental apartment building with each unit containing three bedrooms, porches and balconies. · Construction of a new playground; · Construction of forty (40) new parking spaces; and · Installation of associated landscaping, walkways and refuse container area. COMPLIANCE WITH THE LAND DEVELOPMENT REGULATIONS: Items identified in the Land Development Regulations (LDR) shall specifically be addressed by the body taking final action on the site and development application/request. LDR Section 4.3.4(K) Development Standards Matrix: The following table indicates that the proposal complies with LDR Section 4.3.4(K), as it pertains to the RM zoning district: Site Plan Review and AppearanCe Board Staff Report Class IV Site Plan, Landscape Plan, and Architectural Elevations for Palms of Delray Page 3 Standard Provided Provided lO-Unit 4-Unit Building Building Building He~qht (max.): 35' 23.5' 21.5' Building Setbacks (min.): - Front 25' 211.2' 259' Side (Interior) 15' 12'* 116.2' Side (Street) 25' N/A N/A Rear 25' 378.4' 360.3' *Buildin.q Setbacks: Pursuant to LDR Section 4.3.4(K), the required side interior setback is f'~teen (15) feet. The balconies with support columns encroach into the required 15' side interior setbabk on the east side of the ten (10) unit building by three (3) feet. While eaves and cantilevered balconies may extend 3' into the setback, supported balconies cannot. Thus, the plans must be revised to ensure the required fifteen (15) foot building setback is met. This item is attached as a condition of approval. Open Space: Pursuant to LDR Section 4.3.4(K), within the RM zoning district a minimum of 25% open space must be provided for the overall development. With the addition of fourteen (14) units 7.6% of the existing 66.1% of open space will be eliminated. Thus, the open space provided will be 58%, which greatly exceeds this requirement. LDR Section 4.4.6 Medium Density Residential (RM) Zonin.q District: Special Regulations: Pursuant to LDR Section 4.4.6(H)(1), a minimum density of six (6) units per acre is established for multiple-family housing projects within this district. Density may exceed the base of six (6) units per acre only after the approving body makes a finding that the project has substantially complied with the performance standards as listed in LDR Section 4.4.6(I)~ 'ln no event shall a development's total density exceed twelve (12) units per acre. The existing 32-unit apartment complex represents 5.99 units per acre. With the addition of 14 new units a total of 46 units will result in a density of 8.62 units per acre. Thus, the development proposal must meet the development standards as listed in LDR Section 4.4.6(I). The performance standards are as follows: (a) The traffic circulation system is designed to control speed and reduce volumes on the interior and exterior street network. This can be accomplished through the use of traffic calming devices; street networks consisting of loops and short segments; multiple entrances and exits into the development; and similar measures that are intended to minimize through traffic and keep speeds within the development at or below 20 m.p.h. Site Plan Review and Appearance Board Staff Report Class IV Site Plan, Landscape Plan, and Architectural Elevations for Palms of Delray Page 4 There is an existing street within the development known as Albatross Road. The street connects to Dotterel Road and loops through the development connecting to the existing development to the east (Palms of Delray - Tract A). All units have access from Albatross Road. Additionally, the street meanders through the development, thus controlling speed. However, traffic calming consisting of raised crosswalks and appropriate signage have been provided, adjacent to the tot lot and at the north end of the development adjacent to the north parking areas. Thus, this performance standard has been met. (b) Buildings are placed throughout the development in a manner that reduces the overall massing, and provides a feeling of open space. The proposal involves the installation of a ten (10) unit two-story buildingand a four (4) unit two story building on the site. The two (2) proposed buildings are placed within existing open areas in a manner which reduces the overall massing. Additionally, 58.5% of open space has been provided on-site which exceeds the minimum 25% open space requirement of the RM zoning district. The buildings have been designed to enhance and preserve existing mature trees and landscaping which provides a feeling of open space. Thus, this performance standard has been met. (c) Where immediately adjacent to residential zoning districts having a lower density, building setbacks and landscape materials along those adjacent property lines are increased beyond the required minimums in order to provide a meaningful buffer to those lower density areas. Building setbacks are increased by at least 25% of the required minimum; at least one tree per 30 linear feet (or fraction thereof) is provided; trees exceed the required height at time of planting by 25% or more; and a hedge, wall or fence is provided as a visual buffer between the properties. The proposed buildings are placed interior to and at the east side of the development, thus reducing the impact on the adjacent R-l-AA (Single Family Residential) zoned properties to the west and south. Existing mature trees and hedges buffer the north, south and west sides of the development. Therefore, this standard is not applicable, tt is noted, however, that an additional landscape buffer consisting of a 5' high hedge (65 Podocarpus Maki), four (4) Sabal Palmetto (16' - 18" height), and five (5) Green Buttonwoods trees (12' - 14' height) have been incorporated on the east side of the property (adjacent to the pool area of the adjacent townhouse development), to mitigate any potential impacts on the adjacent property. (d) The development offers a varied streetscape and building design. For example, setbacks are staggered and offset, with varying roof heights (for multi-family buildings, the planes of the facades are offset to add interest and distinguish individual units). Building elevations incorporate diversity in window and door shapes and locations; features such as balconies, arches, -; Site Plan Review and Appearance Board Staff Report Class IV Site Plan, Landscape Plan, and Architectural Elevations for Palms of Delray Page 5 porches, courtyards; and design elements such as shutters, window mullions, quoins, decorative tiles, etc. The building elevations have been designed to compliment and enhance the design of the existing quadraplex buildings. Additionally, the proposed ten (10) unit building has been designed to retain an existing grouping of mature Live Oak trees, thus giving additional architectural interest to the elevations. The building contains a number of different architectural features such as balconies, porches and varying window shapes/designs. The proposed structures are of concrete block construction with a smooth stucco finish. A stucco banding is proposed around the middle of both buildings. The roofing material will consist of shake shingles. The roof lines are broken up by opposing hip roof features thus, providing additional architectural interest to the elevations. The windows are colonial in style with transoms and stucco banding. The first floors have been provided' with fence enclosed porches/patios (6' high wood) and the second floor balconies extend over the patio areas. On the 10-unit structure, the balconies are covered by cedar shake pitched roofs and have decorative support columns and aluminum railings. Overall, the proposal offers a varied streetscape and diversity in the building design. (e) A number of different unit types, sizes and floor plans are available within the development in order to accommodate households of various ages and sizes, Multi-family housing will at a minimum have a mix of one, two and three bedroom units with varying floor plans. Single family housing (attached and detached) will at a minimum offer a mix of three and four bedroom units with varying floor plans. The development consists of fourteen (14) rental apartment units. Three different floor plans are offered with two (2) and three (3) bedrooms. The ground floor apartments have covered porches and the second floor units have covered balconies. The design of the units and their placement within the development will accommodate households of vadous ages and sizes. Based upon the above, this performance standard has been met. (f) The development is designed to preserve and enhance existing natural areas and/or water' bodies. Where no such areas exist, new areas, which provide open space and native habitat, are created and incorporated into the project. The site contains eight quadraplex buildings which were developed in the eady 1980's. The development was originally designed to preserve existing mature trees including Live Oak trees and new landscaping was installed. The existing landscaping is established and mature. The proposed structures are placed in a manner which will retain an existing grouping of Live Oak trees. These trees frame the internal roadway and give the development a feeling of establishment. Based upon the above, this performance standard has been met. (g) The project provides a convenient and extensive bicycle/pedestrian network, and access to available transit. Site Plan Review and Appearance Board Staff Report Class IV Site Plan, Landscape Plan, and Architectural Elevations for Palms of Delray Page 6 The surrounding residential neighborhoods are established and have existed for many years. Sidewalks exist along the south side Dotterel Road, and walkways exist within the Palms of Delray development. A sidewalk connection to Dotterel Road has been provided. However, this standard has only partially been met as the sidewalks intedor to the development are not continuous. Consideration should be given to extending the sidewalk along the loop road, provided it does not conflict with the mature trees. In conclusion, all of the above listed performance standards except for standard "c" are applicable to this development proposal. While standard "C' is not applicable, additional landscape material has been provided on the east side of the 10-unit apartment building adjacent to the pool area associated with the adjacent townhouse development. A finding of substantial compliance can be made with respect to these performance standards. In terms of the performance standard requirements for the RM zoning district, the proposed density of 8.62 units per acre can be supported. Article 4.6 Supplemental District Regulations: Lighting: Pursuant to LDR 4.6.8 (Lighting), site lighting must be provided. A site lighting and photometrics plan has been provided to ensure compliance with LDR Section 4.6.8. The proposed light poles are 25' in height with box fixtures mounted at the top and will be placed adjacent to the proposed parking areas. The proposed lighting poles will not be complimentary to the existing poles which are 15' in height with acorn style fixtures. An attached condition of approval is that the light poles be 15' in height and have fixtures similar to the existing poles. Parking: Pursuant to LDR Section 4.6.9(C)(2)(c), two or more bedroom dwelling units shall provide two (2) spaces per unit. Guest parking shall be calculated at 0.5 spaces per unit for the first twenty (20) units and units 0.3 spaces per unit for units 20-46. Thus, the forty-six (46) unit-development is required to provide one hundred and eleven (110) total parking spaces. There are seventy-two (72) parking spaces which exist on site and forty (40) new spaces proposed for a total of one hundred and twelve (112) parking spaces provided. Therefore, this requirement has been met. Site Plan Technical Items: While the revised site plan has accommodated most of the staff concerns the following item remains outstanding, and must be addressed prior to building permit submittal: 1. That a detail plan of the fenced area for garbage containers is provided; including height, screening materials and gating to be used for the enclosure. Site Plan Review and Appearance Board Staff Report Class IV Site Plan, Landscape Plan, and Architectural Elevations for Palms of Delray Page 7 The proposal includes retaining an extensive amount of landscaping on site. A landscape plan which addresses the landscaping adjacent to the new buildings has been submitted and evaluated by the City Horticulturalist. The landscape plans provide for interior common area landscaping. The landscaping incorporates existing native landscaping interior to the development in addition to the existing mature Live Oak trees located adjacent to Albatross Road. The buildings have been designed in a manner to preserve these trees as they give character to the overall development. Existing mature trees and hedging exists along the perimeter of the property providing adequate buffering. It is noted, that a landscape buffer consisting of a 5' high hedge (65 Podocarpus Maki), four (4) Sabal Palmetto (16' - 18" height), and five (5) Green Buttonwoods (12' - 14' height) has been incorporated on the east side of the property to mitigate any potential impacts on the adjacent property. It is noted that the landscape plan must indicate the patio areas and the fenced area for garbage containers with the appropriate screening material, which has been attached as a condition of approval. The proposed landscape plan will comply with Section 4.6.16 of the City's Land Development Regulations, once the condition of approval is addressed LDR Section 4.6.18{E) Criteria for Board Action: The following criteria shall be considered, by the Site Plan Review and Appearance Board (SPRAB), in the review of plans for building permits. If the following criteda are not met, the application shall be disapproved: (1) The plan or 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, or project, 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, or project, 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. The proposed structures are of concrete block construction with a smooth stucco finish. A stucco banding is proposed around the middle of beth buildings. The roofing material will consist of shake shingles. The roof lines are broken up by opposing hip roof features thus, providing additional architectural interest to the elevations. The windows are colonial in style with transoms and stucco banding. The first floors have been provided with fence enclosed porches (6' high wood) and the second floor balconies extend over the patio areas. Site Plan Review and Appearance Board Staff Report Class IV Site Plan, Landscape Plan, and Architectural Elevations for Palms of Delray Page 8 On the 10-unit structure, the balconies are covered by cedar shake pitched roofs and have decorative support columns and aluminum railings. Cedar shake is also proposed on the other portions of the building that project from the main structure such as the stair wells. The balconies of the proposed four-plax will be provided with wood trellises. Sliding glass patio doors are proposed to provide access to the porches and balconies. Exterior staircases are proposed on the east and west sides of the four (4) unit building while the staircases for the ten (10) unit building are housed within an interior corridor, which is attached as a condition of approval. It is noted that the roof eaves and projecting balconies cannot extend more than 3' into the building setback. The proposed balconies encroach more than 3' into the 15' side interior setback and are supported by columns. Thus, this elevation must be revised accordingly. The proposed color scheme will compliment the color scheme for the existing quadraplex units within the development by utilizing a two color palette, consisting of beige walls with dark khaki fascia, columns, doors and shutters. The windows and aluminum staidbalcony railings will be dark brown. The roofs will be cedar shake. Based on the above positive findings can be made with respect to /DR Section 4.6.18(E) provided the condition of approval is addressed. Pursuant to Section 3.1.1 (Required Findings), prior to the approval of development applications, certain findings must be made in a form which is part of the official record. This may be achieved through information on the application, written materials submitted by the applicant, the staff report, or minutes. Findings shall be made by the body which has the authority to approve or deny the development application. These findings relate to the following areas: Section 3.1.1 (A) - Future Land Use Map: The subject pro~erty has a Future Land Use Map designation of Medium Density Residential 5-12 d.u./acre (MD), and is zoned RM (Medium Density Residential). Pursuant to LDR Section 4.4.6(B)(3), within the RM zoning district multiple family structures of 6 -12 units per acre or less are allowed as a permitted use subject to compliance with the performance standards of LDR Section 4.4.6(I). The proposed density is approximately 8.62 units per acre. Based upon the above, it is appropriate to make a positive finding with respect to consistency with the Future Land Use Map designation. Section 3.1.1 {B) - Concurrency: As described in Appendix A, a positive finding of concurrency can be made as it relates to water, sewer, streets and traffic, drainage, parks and recreation, open space, schools, and solid waste. Site Plan Review and Appearance Board Staff Report Class IV Site Plan, Landscape Plan, and Architectural Elevations for Palms of Delray Page 9 Section 3.1.1 (C) - Consistency (Standards for Site Plan Actions): As described in Appendix B, a positive finding of consistency can be made as it relates to Standards for Site Plan Actions. Section 3.1.1 (D) - Compliance with the Land Development Re.qulations: As described under the Site Plan Modification Analysis of this report, a positive finding of compliance with the Land Development Regulations can he made, when all outstanding items attached as conditions of approval are addressed. Comprehensive Plan Policies: A review of the objectives and policies of the adopted Comprehensive Plan was conducted and the following applicable policies and objectives are noted: Future Land Use Element Obiective A-1 - Property shall be developed or redeveloped in a manner so that the future use and intensity is appropriate and complies in terms of soil, topographic, and other applicable physical considerations, is complimentary to adjacent land uses, and fulfills remaining land use needs. The subject property contains eight existing 2-story quadraplex apartment buildings with thirty-two (32) units total and associated parking and landscaping. The addition of fourteen (14) new units within two new buildings will have a minimal impact on the existing physical attributes of the development. There are twenty (20) mature Live Oak trees which exist on the site and the proposal is specifically designed to retain these trees. The Housing Element of the Comprehensive Plan calls for the provision of infill housing as well as the development of property to provide a variety of housing types. This development proposal fulfills these needs. Housin.q Element Policy A-12.3 - In evaluating proposals for new development or redevelopment,, the City shall consider the effect that the proposal will have on the stability of nearby neighborhoods. Factors such as noise, odors, dust, traffic volumes and circulation patterns shall be reviewed in terms of their potential to negatively impact the safety, habitability and stability of residential areas. If it is determined that a proposed development will result in a degradation of any neighborhood, the project shall be modified accordingly or denied. The subject property is located within a largely residential area of the City and surrounded by a mix of single and multi-family residential uses. The development will not increase noise, odor or dust. Traffic volumes generated will be increased by this development as fourteen (14) units (98 trips) are proposed and thirty-two (32) units generating 224 average daily trips currently exist on the property. However, as the development proposal will only generate 98 average daily trips the traffic will not have a negative impact on Dotterel Road. Site Plan Review and Appearance Board Staff Report Class IV Site Plan, Landscape Plan, and Architectural Elevations for Palms of Delray Page 10 Open Space and Recreation Element Policy A-3.1 - Tot lots and recreation areas serving children from toddlers to teens, shall be a feature of all new housing developments as part of the design to accommodate households having a range of ages. This requirement may be waived or modified for residential developments located in the downtown area, and for infill projects having fewer than 25 units. The existing thirty-two (32) unit development does not contain any recreation areas. However, with the addition of fourteen (14) new units a playground is proposed. Therefore, compliance with this policy has been met. Housing Element Obiective B-2 - Redevelopment and the development of new land shall result in the provision of a variety of housing types which shall continue to accommodate the diverse makeup of the City's demographic profile, and meet the housing needs identified in this Element. Policies, which will implement this objective, include: Housin.q Element Policy B-2.2 - The development of new adult oriented communities within the City is discouraged. New housing developments shall be designed to accommodate households having a range of ages, especially families with children, and shall be required to provide 3 and 4 bedroom units and activity areas for children ranging from toddlers to teens. This requirement may be waived or modified for residential development located in the downtown area, and for infill projects having fewer than 25 units. The fourteen (14) new units feature three floor plan options with a mix of two (2) and three (3) bedroom units, each unit has a covered porch or balcony. The development does not currently have a recreation area, however as previously indicated a new playground is proposed with the development of the new units. Therefore, compliance with this housing policy has been met. LDR Section 2.4.5 (F)(5) - Compatibility (Site Plan FindinRs). The approving body must make a finding that development of the property pursuant to the site plan will be compatible and harmonious with adjacent and nearby properties and the City as a whole, so as not to cause substantial depreciation of property values. The subject property is bordered on the south and west sides by R-l-AA (Single Family Residential) zoning; on the north and east by RM (Medium Density Residential) zoning. The surrounding land uses include the Town & Country Estate Condominiums to the north; Palms of Delray (Tract A) townhome development to the east; and Tropic Palms subdivision (single family homes) to the south and west. Compatibility is not a concern, as similar uses exist on the surrounding properties and the new buildings will be constructed amongst the existing multiple-family dwellings. However, in order to mitigate any potential impacts on the adjacent development to the east, additional landscaping is proposed along the east side of the 10-unit building. Therefore, this multiple family development will be compatible and harmonious with the adjacent and nearby properties and should enhance property values in the area. Site Plan Review and Appearance Board Staff Report Class IV Site Plan, Landscape Plan, and Architectural Elevations for Palms of Delray Page 11 The development proposal is not located in an area that requires review by the CRA (Community Redevelopment Agency) or DDA (Downtown Development Authority). Courtesy Notices: Courtesy notices have been sent to the following homeowner's, civic associations, and residents of the adjacent Palms of the Delray development (Tract A): · P.R.O.D. . George Kosloff · President's Council · Jim Morris · Palms of Delray Home Owner Association · Ray Shamis · Jay Ball ° Peter Scott A letter of objection to the Palms of Delray development has been filed by Mr. Raymond Schamis and will be presented at the Site Plan Review and Appearance Board (SPRAB) meeting. The development proposal is to construct an additional fourteen (14) rental units within the existing thirty-two (32) unit Palms of Delray rental development. The proposal is consistent with the policies of the Comprehensive Plan and consistency with Chapter 3 and Section 2.4.5(F)(5) of the Land Development Regulations has been met. Positive findings can also be made with respect to compliance with the performance standards of LDR Section 4.4.6(I). Compliance with the Land Development Regulations will be achieved when the conditions of approval have been addressed. Compliance with Section 4.6.18(E) of the Land Development Regulations will be achieved provided the condition of approval regarding the side interior setback for Building #1 (10 unit building) is addressed. ^. Continue with direction. B. Move approval of the Class IV site plan modification, landscape plan and architectural elevations for Palms of Delray, by adopting the findings of fact and law contained in the staff report, and finding that the request is consistent with the Comprehensive Plan and meets criteria set forth in Sections 2.4.5(F) (5), 4.4.6(I), 4.6.16, 4.6.18(E) and Chapter 3 of the Land Development Regulations, subject to the attached conditions of approval. C. Move denial of the Class IV site plan modification, landscape plan and architectural elevations for Palms of Delray, by adopting the findings of fact and law contained in the staff report, and finding that the request is inconsistent with the Comprehensive Site Plan Review and Appearance Board Staff Report Class IV Site Plan, Landscape Plan, and Architectural Elevations for Palms of Delray Page 12 Plan and do not meet criteria set forth in Sections 2.4.5(F) (5), 4.4.6(I), 4.6.16, 4.6.18(E) and Chapter 3 of the Land Development Regulations. By Separate Motions: Site Plan Modification: Move approval of the request for Class IV site plan modification for Palms of Delray, by adopting the findings of fact and law contained in the staff report, and finding that the request is consistent with the Comprehensive Plan and meets cdteda set forth in Section 2.4.5(F) (5), 4.4.6 (I) and Chapter 3 of the Land Development Regulations, subject to the following conditions: 1. That the required fifteen (15) foot building setback is provided along the east side of the property; 2. That the light poles be 15' in height and have fixtures similar to the existing poles. 3. That a detail plan of the fenced area for garbage containers is provided; including height, screening materials and gating to be used for the enclosure. 4. That a letter of approval from The Palm Beach County School District with respect to School Concurrency is provided. Landscape Plan: Move approval of the landscape plan for Palms of Delray, by adopting the findings of fact and law contained in the staff report, and finding that the request is consistent with the Comprehensive Plan and meets criteria set forth in LDR Section 4.6.16 and Chapter 3 of the Land Development Regulations, subject to the following condition: 1. That the landscape plan must indicate the a/c units proposed adjacent to the east property line,-the patio areas, and the fenced area for garbage containers with the appropriate screening matedal Architectural Elevations: Move approval of the for architectural elevation approval for Palms of Delray, by adopting the findings of fact and law contained in the staff report, and finding that the request is consistent with the Comprehensive Plan and meets criteria set forth in Section 4.6.18(E) of the Land Development Regulations, subject to the following condition: 1. That the proposed balconies do not encroach into the 15' side interior setback and that the elevation be revised accordingly, Site Plan Review and Appearanc~ Board Staff Report Class IV Site Plan, Landscape Plan, and Architectural ElevatiOns for Palms of Delray Page 13 Attachments: Appendix A · Appendix B Site Plan · Landscape Plan · Architectural Elevations · Floor Plans Letter of Mr. Raymond Sc~amis Report Prepared by: Estelio Breto. Senior Planner Pursuant to Section 3.1.1(B) Concurrency as defined pursuant to Objective B-2 of the Land Use Element of the Comprehensive Plan must be met and a determination made that the public facility needs of the requested land use and/or development application will not exceed the ability of the City to fund and provide, or to require the provision of, needed capital improvements for the following areas: Water and Sewer: · Water service will be provided via service lateral connections to an existing 6" water main located within the Albatross Road right-of-way. · Sewer service will be provided via service lateral connections to the existing 8" sewer main located within the Albatross Road right-of-way. · Adequate fire suppression is provided as three fire hydrants are located along Albatross Road interior to the development. Pursuant to the City's Comprehensive Plan, treatment capacity is available at the City's Water Treatment Plant and the South Central County Waste Water Treatment Plant for the City at build-out. Based upon the above, positive findings can be made with respect to these level of service standards. Streets and Traffic: Pursuant to LDR Section 2.4.3(E)(2), a traffic statement is required for land use applications, which generate 200 or less ADT (Average Daily Trips). A traffic statement has been submitted which indicates the fourteen (14) new rental apartments will generate 98 average daily trips onto the surrounding roadway network and complies with the Palm Beach County Traffic Performance Standards Ordinance. Based upon the above, a positive finding with respect to traffic concurrency can be made. Parks and Recreation Facilities: The proposed fourteen (14) residential units will not have a significant impact with respect to level of service standards for parks and recreation facilities. Pursuant to LDR Section 5.3.2, a park impact fee of $500.00 per dwelling unit will be collected prior to issuance of a building permit for each unit. A total fee of $7,000 will be required of this development for parks and recreation purposes. Solid Waste: The fourteen (14) units will generate 7.28 tons of solid waste annually (14 units x 0.52 tons of solid waste per year = 7.28 tons). The trash generated by this proposal can be accommodated by existing facilities; therefore, a positive finding with respect to this level of service standard can be made. Draina,cle: Drainage will be accommodated on site via existing swales and an exflltrafion trench system. There should be no impact on drainage as it relates to this level of service standard. Site Plan Review and Appearance Board Staff Report Class IV Site Plan, Landscape Plan, and Architectural ElevatiOns for Palms of Delray Page 15 Schools: A request for school concurrency approval has been submitted to The Palm Beach County School District. A letter of approval from the School District is attached as a condition of approval. Site Plan Review and Appearance Board Staff Report Class IV Site Plan, Landscape Plan, and Architectural Elevations for Palms of Delray Page 16 A. Building design, landscaping, and lighting (glare) shall be such that they do not create unwarranted distractions or blockage of visibility as it pertains to traffic circulation. Not applicable J Meets intent of standard ~ X ~ Does not meet intent B. Separation of different forms of transportation shall be encouraged. This includes pedestrians, bicyclists, and vehicles in a manner consistent with policies found under Objectives D-I and D-2 of the Transportation Element. Not applicable [ Meets intent of standard~ Does not meet intent C. Open space enhancements as described in Policies found under Objective B-1 of the Open Space and Recreation Element are appropriately addressed. Not applicable I Meets intent of standard I X I Does not meet intent D. The City shall evaluate the effect that any street widening or traffic circulation modification may have upon an existing neighborhood. If it is determined that the widening or modification will be detrimental and result in a degradation of the neighborhood, the project shall not be permitted. Not applicable I Meets intent of standard ~ Does not meet intent E. Development of vacant land which is zoned for residential purposes shall be planned in a manner ,which is consistent with adjacent development regardless of zoning designations. Not applicable l Meets intent of standard I X I Does not meet intent F. Vacant property shall be developed in a manner so that the future use and intensity are appropriate in terms of soil, topographic, and other applicable physical considerations; complementary to adjacent land uses; and fulfills remaining land use needs. Site Plan Review and Appearance Board Staff Report ' Class IV Site Plan, Landscape Plan, and Architectural Elevations for Palms of Delray Page 17 Not applicable [ Meets intent of standard ~ X ~ Does not meet intent G. Redevelopment and the development of new land shall result in the provision of a variety of housing types which shall continue to accommodate the diverse makeup of the City's demographic profile, and meet the housing needs identified in the Housing Element. This shall be accomplished through the implementation of policies under Objective B-2 of the Housing Element. Not applicable [ Meets intent of standard_.___~_~ Does not meet intent H, The City shall consider the effect that the proposal will have on the stability of nearby neighborhoods. Factors such as noise, odors, dust, traffic volumes and circulation patterns shall be reviewed in terms of their potential to negatively impact the safety, habitability and stability of residential areas. If it is determined that a proposed development will result in a degradation of any neighborhood, the project shall be modified accordingly or denied. Not applicable [ Meets intent of standard ~ Does not meet intent I. Development shall not be approved if traffic associated with such development would create a new high accident location, or exacerbate an existing situation causing it to become a high accident location, without such development taking actions to remedy the accident situation. Not applicable I Meets intent of standard I X I Does not meet intent J. Tot lots and recreational areas, serving children from toddler to teens, shall be a feature of all new housing developments as part of the design to accommodate households having a range of ages. This requirement may be waived or modified for residential developments located in the downtown area, and for infill projects having fewer than 25 units. Not applicable I Meets intent of standard ~ X ~ Does not meet intent DOTTEl?AL t?OAD L1 ,o I' ~" SITE PLAN MODIFICATION LANDSCAPE PLAN OF DELRAY BEACH, ELORI'DA PALMS OF [3El-RAY TRACT 'B' ~ PLEX - 2 BEDROOM UNITS II I I~ __Il , I Dill ~-~ Ull I m m Planning and Zoning Dept. Site Plan and Appearance Board Re: Meeting Wednesday July 28, 2004 Palms of Delray, Tract B Raymond Schamis 2590 Albatross Rd N. Unit D. Delmy Beach FL, 33444 Dear Board, .. Since I will be unable to attend the meet'rog I am sending you my comments in writing to be considered. The land in question for the 10 unit building was originally designated for a recreational area. A building was never intended to go there. This building will literally shadow our community pool, restricting our enjoyment. Original community documents state this area was supposed to be a tennis court but it was never built. If you approve it for a.building there should be some sort of physical separation of the two tracts, Palms of Delmy Tract A and Palms of Delray Tract B, including the shared roadway. The height of the building adjacent to the pool should be limited as to not overshadow the pool. The impact of 14 new units overall will add ? more people misusing our community pool and letting there dogs crap in our grass, creating even more expense and problems for Palms of Delray, Tract A. Plans for development of Tract B should include fencing and landscaping to completely separate land and roadway between the two tracts rna'retained by Tract B, and renaming of Tract B to clearly distinguish between the privately owned homes in Tract A and the rental community Tract B. I would prefer no development at all, but with your approval please take into account the affect on the bordering residents and how the enjoyment of our pool and clubhouse will be compromised. Thank you Raymond Schamis R F: C E I V ~ D Palms of Deiray Homeowner 2590D JUL ! PLANNING & ZONING THRU: PAUL I:~O~ DIRECT~ PLANNING AND ZONING FROM: ROBERT G. TEFFT, SENIOI~ PLANNER" 'i'~-:, ~:~?-'~___ SUBJECT: MEETING OF SEPTEMBER 7, 2004 CONDITIONAL USE REQUESTS TO ALLOW A DENSITY IN EXCESS OF 30 UNITS PER ACRE (38.2 DU/AC PROPOSED) AND TO ALLOW FOR A BUILDING HEIGHT UP TO 54'-3" IN THE CENTRAL BUSINESS DISTRICT. THE REQUESTS ARE IN CONJUNCTION WITH GROVE SQUARE, A PROPOSED MIXED-USE DEVELOPMENT LOCATED AT THE NORTHEAST CORNER OF SE 1sT STREET AND SE 2ND AVENUE. The conditional use requests are associated with the establishment of a mixed-use development, known as Grove Square. The development proposal consists of the demolition of the existing four-story office building and nightclub / bar (City Limits) along with its associated pavilion and outdoor bar, and the construction of a five-story mixed-use building. The building will consist of 800 square feet of retail floor area and a 61 space parking garage on the first level; a 62 space parking garage on the second level; and residential dwelling units on the third, fourth and fifth levels (55 dwelling units in total). The development will also include a raised swimming pool, deck, exercise facility and restrooms at the southwest comer of the site and a trash compactor at the northwest corner of the site. Conditional use approval has been requested to allow a density in excess of 30 units per acre (38.2 du/ac is proposed) and to allow for a building height of up to 60' (54'-3" is proposed). A detailed description and analysis of the proposal is contained within the attached Planning and Zoning Board staff report of August 16, 2004. At its meeting of August 16, 2004, the Planning and Zoning Board held a public hearing in conjunction with the conditional use requests. Presentations were made by staff and the applicant. There was no public testimony regarding the request. After deliberation, the Board moved a recommendation of approval for the conditional use request to allow for a building height of 54'-3" on a vote of 3-2 (Borchardt and Morris dissenting, Pike absent, Krall stepped down) and moved a recommendation of approval for the conditional use request to allow for a density of 38.2 du/ac on a vote of 4-1 (Borchardt dissenting, Pike absent, Krall stepped down), by adopting the findings of fact and law contained in the staff report, and finding that the request and approval thereof is consistent with the Comprehensive Plan and meets criteria set forth in Sections 2.4.5(E) (5), 4.3.4(J) (4) (b), 4.4.13(I), and Chapter 3 of the Land Development Regulations, subject to the conditions listed in the Planning and Zoning Board staff report. By Separate Motions: ~) Move a recommendation of approval of the conditional use request to allow for a building height in excess of 48' (54'-3") for Grove Square, by adopting the findings of fact and law contained in the staff report, and finding that the request and approval thereof is consistent with the Comprehensive Plan and meets criteria set forth in Sections 2.4.5(E) (5), 4.3.4(J) (4) (b), and Chapter 3 of the Land Development Regulations, subject to the conditions listed in the Planning and Zoning Board staff report; and [~ Move a recommendation of approval of the conditional use request to allow for a density in excess of 30 units per acre (38.2 du/ac) for Grove Square, by adopting the findings of fact and law contained in the staff report, and finding that the request and approval thereof is consistent with the Comprehensive Plan and meets criteria set forth in Sections 2.4.5(E) (5), 4.4.13(I), and Chapter 3 of the Land Development Regulations, subject to the conditions listed in the Planning and Zoning Board staff report. Attachments: P~anning and Zoning Board staff report of August 16, 2004 % (~) PLANNING AND ZONING BOARD CITY OF DELRAY BEACH ---STAFF REPORT--- MEETING DATE: August 16, 2004 AGENDA ITEM: ~v. A. ITEM: Conditional Use Requests to Allow a Mixed-Use Building Having a Height in Excess of 48' (54'-3" is Proposed) and to Allow a Density in Excess of 30 Units Per Acre (38.2 du/ac is Proposed) within the Central Business District (CBD), for the Grove Square Development (Quasi-Judicial Hearing). GENERAL DATA: Owner/Applicant ........................ Faison-Grove Square, LLC. Agent ......................................... Randall Stofft Architects Location ..................................... Northeast Corner of SE 1st Property Size ............................. 1.44 Acres Future Land Use Map ............... Commercial Core Current Zoning .......................... Central Business District ,.z, (CBD) I Adjacent Zoning ............... North: CBD South: Central Business District- Railroad Corridor (CBD-RC) A T L A N T I C A V E N U E East:Community Facilities (CF)IIIIIIIIIllllll // //TI West: CBD Existing Land Use ...................... Office and Nightclub / Bar Proposed Land Use ................... Mixed-Use (Residential and Retail) Water Service ............................ Available Via an 8" Water '" ~.E. ~, ~. 2nd Avenue Right-Of-Way - Sewer Service ........................... Available Via an 8" Sanitary Sewer Main Located within the SE 2nd Avenue Right- -- Of-Way The action before the Board is making a recommendation to the City Commission on the following requests for conditional use approval pursuant to Land Development Regulations (LDR) Section 2.4.5(E): I~l To allow an increase to a maximum height of 60' (54'-3" proposed) [LDR Section 4.3.4(J) (4) (b)]; and ~ To allow a density exceeding 30 dwelling units per acre (38.2 du/ac proposed) in the Central Business District (CBD) [LDR Section 4.4.13(D) (15)]. The requests are in conjunction with Grove Square, a proposed mixed-use development located at the northeast corner of SE 1st Street and SE 2nd Avenue (approximately 1.44 acres). The subject property consists of Lots 2 and 3, Block 85, Town of Delray, and Lots 1-18, Subdivision of Block 85. The property, which totals approximately 1.44 acres and has a zoning designation of CBD, has an extensive land use history. The following are the most recent land use actions for the subject property: At its meetings of August 23, 1995 and September 20, 1995, the Site Plan Review and Appearance Board (SPRAB) approved the site plan, landscape plan and architectural elevations for Grove Square (FKA Block 85 Redevelopment). The proposal was to occur in two phases with Phase I including the demolition of approximately 1,310 square feet of existing floor area, the conversion of 832 square feet of retail floor area to restaurant, the construction of 1,486 square feet of new restaurant floor area, the construction of 946 square feet of retail floor area, and installation of 29 parking spaces. Phase II was the construction of a four-story 12,328 square foot mixed-use building (office / residential) and the installation of 28 parking spaces. At its meeting of December 6, 1995, the SPRAB approved a site plan modification to enclose a 1,100 square foot outdoor dining area. In January of 1996, the City Commission approved a conditional use request to allow musical concerts and other events (coinciding with the operating hours of the restaurant) in the approved courtyard area. In 1997 and 1998, Class I site plan modifications were administratively approved for the installation of a floating bar in the courtyard and for seating surrounding the bar. At its meeting of August 25, 1999, the SPRAB approved a Class II site plan modification to modify Phase II of the original Grove Square development proposal to construct a four-story, 11,638 square foot office building and a 38 space parking lot. Subsequent to this approval several site plan modifications have been administratively approved. These approvals include modifications to install a trellis and fencing within the courtyard, to provide additional tables within the courtyard, and to add an awning to the office building, Phase I and Phase II along with the associated modifications have been completed. At its meeting of July 19, 2004, the Planning and Zoning Board heard proposals for conditional use approval to allow a building to exceed the maximum building height of 48' (56' was proposed) and to allow a density in excess of 30 dwelling units per acre (43.75 du/ac was proposed). The conditional use requests were associated with a development proposal for a five-story residential building consisting of 63 dwelling units. The Board had concerns with regard to granting conditional use approval for both height and density and the lack of Planning and Zoning Board Staff': 3ort Conditional Use Requests for Gro,,~ Square Page 2 commemial floor area along SE 2"d Avenue. However, the Board ultimately tabled the development proposal and gave direction to the applicant to further step back the building along SE 2na Avenue and to reduce the perceived bulk of the structure. The applicant has made modifications to the proposal resulting in reductions to the conditional use requests for building height (54'-3") and density (38.2 du/ac). The modifications have also resulted in the addition of 800 square feet of retail floor area at the northwest corner of the building as well as greater variations / step-backs in the building architecture. The development proposal currently incorporates the following: [] Demolition of a the existing four-story office building and nightclub / bar (City Limits) along with its associated pavilion and outdoor bar; [] Construction of a five-story mixed-use building with 800 square feet of retail floor area and a 61 space parking garage on the first level; a 62 space parking garage on the second level; and residential dwelling units on the third, fourth and fifth levels (55 dwelling units in total); [] Installation of a raised swimming pool, deck, exercise facility and restrooms at the southwest corner of the site; [] Installation of a trash compactor at the northeast corner of the proposed building for both the existing and proposed uses; and [] Installation of two (2) parking spaces and a loading area south of the existing commercial structures being retained. REQUIRED FINDINGS (Chapter 3): Pursuant to LDR Section 3.1.1 (Required Findings), prior to the approval of development applications, certain findings must be made in a form which is part of the official record. This may be achieved through information on the application, the staff report, or minutes. Findings shall be made by the body, which has the authority to approve or deny the development application. These findings relate to the following four areas. FUTURE LAND USE MAP: The use or structures must be allowed in the zone district and the zoning district must be consistent with the land use designation. The subject property has a Future Land Use Map (FLUM) designation of Commercial Core (CC) and a zoning designation of CBD, which are consistent with one another. Pursuant to LDR Section 4.4.13(D) (15), multiple-family dwelling units, excluding duplexes, are permitted through the conditional use approval process at a density greater than 30 units per acre on property located south of NE 2"d Street and north of SE 2nd Street, subject to the standards and limitations of LDR Section 4.4.13(I). As discussed later in this report, positive findings can be made with respect to the referenced performance standards; thus positive findings can be made with respect to FLUM consistency. CONCURRENCY: Facilities which are provided by, or through, the City shall be provided to new development concurrent with issuance of a Certificate of Occupancy. These facilities shall be provided pursuant to levels of service established within the Comprehensive Plan. Planning and Zoning Board Staff' ~ort Conditional Use Requests for Gro,,~ Square Page 3 Draina,qe: Preliminary drainage plans were submitted and indicate that drainage will be accommodated via floor drains on the second level of the parking garage the will drain to exfiltration trench on the ground level of the parking garage. There are no problems anticipated in accommodating on-site drainage; however, the Engineering Department does have technical comments regarding drainage that will need to be addressed at the time of site plan approval. Based upon the above, positive findings with respect to this level of service standard can be made. Parks and Open Space: The Open Space and Recreation Element of the City's Comprehensive Plan indicates in its' conclusion that "The City will have sufficient recreation facilities at build-out to meet the adopted standards". A park impact fee is collected to offset any impacts that the project may have on the City's recreational facilities. Pursuant to LDR Section 5.3.2, a park impact fee of $500.00 per dwelling unit will be collected prior to issuance of a building permit for each unit. A total fee of $27,500 will be required of this development for parks and recreation purposes. Solid Waste: The existing office building and nightclub / bar that are to be demolished generate 55.65 tons of solid waste per year. The proposed 55 dwelling units will generate 28.6 tons of solid waste per year (55 units x 0.52 tons = 28.6 tons) and the 800 square feet of retail floor area will generate 4.08 tons of solid waster per year (800 sq. ft. x 10.2 lbs. / 2,000 = 4.08 tons), a total of 32.68 tons. Thus, resulting in a decrease of 22.97 tons of solid waste generated per year. The Solid Waste Authority has indicated that its facilities have sufficient capacity to handle all development proposals till the year 2021, thus a positive finding with respect to this level of service standard can be made. Streets and Traffic: The subject property is located within the City's Transportation Concurrency Exception Area (TCEA), which encompasses the CBD, CBD-RC, OSSHAD, and West Atlantic Avenue Business Corridor. The TCEA exempts the above-described areas from complying with the Palm Beach County Traffic Performance Standards Ordinance. Therefore, a traffic study is not required for concurrency purposes; however a traffic statement is necessary to keep a record of trips approved in the TCEA and for calculation of traffic impact fees. A traffic statement was submitted and approved by the Palm Beach County Traffic Division for the generation of 28 new AM peak hour trips and 34 new PM peak hour trips. However, a revised traffic statement based upon the provision of retail floor area and the reduction in dwelling units must be provided and approved by the Palm Beach County Traffic Division. Water and Sewer: Water and sewer service is available to the site via an eight inch (8") water main and eight inch (8") sanitary sewer main located within the SE 2® Avenue right-of-way. Fire protection will be provided via an existing fire hydrant that is located south of the proposed parking garage entrance from SE 2nd Avenue. Another fire hydrant presently exists at the southwest corner of the property; however the preliminary engineering plans did not indicate this hydrant as being retained, In order for the property to maintain adequate fire protection it is attached as a condition of approval that this hydrant is either retained or a suitable replacement site is provided. Pursuant to the City's Comprehensive Plan, treatment capacity is available at the City's Water Treatment Plant and the South Central County Waste Water Treatment Plant for the City at build-out. Based upon the above, positive findings can be made with respect to these levels of service standards, subject to the outlined conditions. CONSISTENCY: Compliance with performance standards set forth in Chapter 3 and required findings in LDR Section 2.4.5(E) (5) for the Conditional Use request shall be the Planning and Zoning Board Staff 3crt Conditional Use Requests for Gro.~ Square Page 4 basis upon which a finding of overall consistency is to be made. Other objectives and policies found in the adopted Comprehensive Plan may be used in making a finding of overall consistency. A review of the objectives and policies of the adopted Comprehensive Plan was conducted and the following applicable objectives and policies that are relevant to the Conditional Use applications are noted: Future Land Use Element Obiective A-l: Property shall be developed or redeveloped in a manner so that the future use and intensity is appropriate and complies in terms of soil, topographic, and other applicable physical considerations, is complimentary to adjacent land uses, and fulfills remaining land use needs. The property is developed and contains approximately 11,638 square feet of office floor area, 9,538 square feet of nightclub / bar floor area, and 5,404 square feet of retail floor area as well as a 60 space surface parking lot. There are no special physical or environmental characteristics of the land that would be negatively impacted by the proposed residential development. The development will be complimentary with the surrounding commercial developments and provide a customer base for the businesses on a year-round basis, which will provide economic stability for the downtown area. In terms of fulfilling remaining land use needs, the Housing Element of the Comprehensive Plan states the following: "One of the most important objectives of the City's overall housing policy is the establishment of housing in the downtown area. In the years since adoption of the 1989 Comprehensive Plan the downtown has changed from a somewhat sleepy, seasonally oriented shopping district to a vibrant year-round retail, service, and entertainment area with an active nightlife. A critical missing element is a significant housing development. The City recognizes the importance of providing housing in close proximity to shopping, employment, and transportation, and the need to have a residential base to support the businesses in the downtown area". The proposed Grove Square development will help to fulfill this stated land use need by providing 55 additional dwelling units and is therefore consistent with this policy. Future Land Use Element Obiective C-4: The Central Business District (CBD) represents the essence of what is Delray Beach i.e. a "village like, community by the sea". The continued revitalization of the CBD is essential to achieving the overall theme of the City's Comprehensive Plan of "A City Set Apart In South Florida". The following policies and activities shall be pursued in the achievement of this obJective: Policy C-4.1: The CBD zoning district regulations shall facilitate and encourage rehabilitation and revitalization and shall, at a minimum, address the following: [3 Deletion of inappropriate uses; r-t Incentives for locating retail on the ground floor with office and residential use on upper floors; rq Accommodating parking needs through innovative actions; [3 Incentives for dinner theaters, playhouses, and other family oriented activities; C} Allowing and facilitating outdoor cafes; rq Incentives for mixed use development and rehabilitation; [3 Elimination of side yard setback requirements; and Planning and Zoning Board Staff' oort Conditional Use Requests for Gr(,. ~ Square Page 5 {3 Allow structural overhang encroachments into required yard areas. The development proposal will locate 55 residential dwelling units of various floor plans and sizes within the downtown area. The residents of these dwellings will be able to walk to shops, restaurants, cultural venues and parks. They will interact on a regular basis with the storekeepers and employees, and their neighbors. They will get to know the downtown much more intimately than the majority of Delray residents. They will become major participants in, and contributors to, the downtown community, The Grove Square development proposal is consistent with Future Land Use Element Policy C-4.1 as it will facilitate the continued rehabilitation and revitalization of the CBD zoning district. Transportation Element Policy A-1.3: The City endorses the continued operations of the Palm Tran Transit System and its operations in Delray Beach, and through policies of this Element related to the TCEA, will coordinate with Palm Tran to improve the system. Given the potential impacts the proposed residential development will have on the surrounding road network and the location of a Palm Tran bus stop at the southeast corner of SE 1st Avenue and SE 1st Street (one block to the west), it is appropriate that the development contribute toward the prevision of a bus shelter at this location. Thus, it is attached as a condition of approval that a contribution of $7,500 (approximately half the cost of a shelter) is paid prior to certification of the site plan for the development. Subject to this condition of approval being addressed, the development will comply with Transportation Element Policy A-1.3. Transportation Element Policy D-2.2: Bicycle parking and facilities shall be required on all new development and redevelopment. Particular emphasis is to be placed on development within the TCEA Area. The development proposal does not accommodate a typical bicycle parking facility (i.e. bike rack) on site; however individual storage areas are provided within the parking garage for each dwelling unit. These storage areas provide ideal locations for the residents to store their bicycles; however the existing retail/restaurant uses do not have access to any bicycle parking facilities. Therefore, a bike rack should be located adjacent to these uses and is attached as a condition of approval. Subject to this condition being addressed, the development will comply with Transportation Element Policy D-2.2. Open Space and Recreation Element Policy A-3.1: Tot lots and recreation areas serving children from toddlers to teens, shall be a feature of all new housing developments as part of the design to accommodate households having a range of ages. This requirement may be waived or modified for residential developments located in the downtown area and for infill projects having fewer than 25 units. This policy may be waived for projects in the downtown because the City recognizes that households located in the downtown are likely to have fewer children than those located in suburban settings. Further, land in the downtown is at a premium and it can be cost prohibitive to provide recreational features such as tennis courts, volleyball courts, etc. and there are other cultural and recreational opportunities located in the downtown that are not readily available to residents of suburban apartment complexes. However, the proposed development does provide some recreational facilities to its residents, such as a swimming pool and an exercise facility. Some of the recreational, cultural and open space opportunities located in proximity to the Grove Square development include: Veteran's Park, which includes a large playground and recreational area; the Municipal Beach, the City's Tennis Center, Old School Square Cultural Planning and Zoning Board Staff' ,3orr Conditional Use Requests for Gr(,.,~ Square Page 6 Center and the Milagro Center. As playground areas are located close by and other facilities that can be utilized by children, such as the pool, the intent of this policy will be met. Based on the above, it is appropriate to waive this requirement to provide these services entirely on site. Housinq Element Obiective B-2: Redevelopment and the development of new land shall result in the provision of a variety of housing types which shall continue to accommodate the diverse makeup of the City's demographic profile, and meet the housing needs identified in this Element. Policies, which will implement this objective, include: Housin,q Element Policy B-2.2: The development of new adult oriented communities within the City is discouraged. New housing developments shall be designed to accommodate households having a range of ages, especially families with children, and shall be required to provide three (3) and four (4) bedroom units and activity areas for children ranging from toddlers to teens. This requirement may be waived or modified for residential development located in the downtown area and for infill projects having fewer than 25 units. This project will not be restricted to occupancy by adults only. However, it is acknowledged that downtown dwellings are not typically occupied by households with children. This complex will primarily accommodate young and middle-age professionals. The development will provide a mix of one (1) and two (2) bedroom units. As allowed by this policy, it is appropriate that there not be a requirement to provide three (3) and four (4) bedroom units and specific activity areas for children. Housing Element Policy B-2.6: Housing in and near the downtown area, in close proximity to employment opportunities and services, is a critical need. In order to help stimulate demand for new housing in and around the Central Business District, the development of new rental housing projects outside of the TCEA and North Federal Highway area is discouraged. The development proposal is consistent with Housing Element Policy B-2.6 as it provides the desired type of residential development within the CBD. Housincl Obiective A-12: To assist residents of the City in maintaining and enhancing their neighborhood environment, the City shall take steps to ensure that modifications in and around the neighborhood do not lead to its decline, such as those described in the following policies. Housinq Policy A-12.3: In evaluating proposals for new development or redevelopment, the City shall consider the effect that the proposal will have on the stability of nearby neighborhoods. Factors such as noise, odors, dust, traffic volumes and circulation patterns shall be reviewed in terms of their potential to negatively impact the safety, habitability and stability of residential areas. If it is determined that a proposed development will result in a degradation of any neighborhood, the project shall be modified accordingly or denied. As noted previously, the residents of this development will aid in the economic stability of the downtown area. However, the introduction of additional residential dwelling units will also likely improve the safety of the area by introducing more nighttime activity and more "eyes" to observe what is happening in the area, which should be a deterrent to criminal activity. While the development proposal will result in additional AM and PM peak hour trips onto the surreunding roadway network, the number of daily trips generated will be substantially reduced by the Planning and Zoning Board Staff ')ort Conditional Use Requests for Grove Square Page 7 proposed residential development replacing the office building and nightclub / bar that presently occupy the site. Based upon the above, the development proposal will be consistent with Housing Policy A-12.3. REQUIRED FINDINGS RELATING TO INCREASE IN HEIGHT: Structures in the CBD may generally be no more than 48' high, unless conditional use approval is granted to exceed this standard to a maximum of 60'. Height is measured from the crown of the road to the top of a fiat roof, or to the midpoint of a pitched roof. The proposed mixed-use structure has a mixture of flat and pitched roofs with the maximum height measuring 54'-3". Pursuant to LDR Section 4.3.4(J) (4) (b), the City Commission may approve an increase in height to a maximum height of 60' pursuant to the processing of a conditional use request and based upon a finding of compliance with each of the enumerated criteria listed below. (i) That the structure is to be located in one of the following geographic areas: (9) Area "1" - all property within the CBD except for property lying east of the Intracoastal Waterway. The subject property is zoned CBD and is located west of the lntracoastal Waterway. (ii) That the increase in height will not provide for, nor accommodate, an increase in the floor area (within the structure) beyond that which could be accommodated by development which adheres to a height limitation of 48', except for the following situations: (1) An increase in intensity is allowed when the increase from 48' to 60' is for the purpose of accommodating residential use on the top floor of the structure; however, the increase in intensity is only for the added residential use area; The proposed structure consists of three (3) levels of residential dwelling units above a two (2) level parking garage with an 800 square foot retail bay. Thus, the requested increase in height is to accommodate residential uses on the top floor of the structure, which is consistent with this criterion. (iii)That the increase in height is based on or will result in one or more of the following: {1) A demonstrable need that, in order to accommodate the nature of a particular use or a particular matter or type of construction, a greater than normal space between floors or height of story is necessary; (2) That 75% or greater of an area of the ground floor is devoted to parking and vehicular traffic circulation; or {3) That for each foot in height above 48', an additional building setback of two feet (2') is provided from the building setback lines which would be established for a 48' tall structure. The additional setback is required from all setback lines. The development proposal meets criterion #2, above, as approximately 82% of the total ground floor area has been devoted to parking and/or vehicular traffic circulation. Planning and Zoning Board Staff 3ort Conditional Use Requests for Grovd Square Page 8 A finding of compliance with the enumerated criteria listed above can be made to support the request to allow the proposed residential structure to exceed the standard 48' height limitation to a maximum of 54'-3". LDR Section 4.4.13(I) - Performance Standards: These standards shall apply to all applications for new development and modification of existing developments which would result in a density greater than 30 dwelling units per acre. (t) The maximum permissible density of a particular project will be established through the conditional use process, based upon the degree to which the development complies with the performance standards of this section, the required findings of LDR Section 2.4.5(E) and other applicable standards of the Comprehensive Plan and Land Development Regulations. Notwithstanding the above, the approving body may deny an application for increased density where it is determined that the proposed project is not compatible in terms of building mass and intensity of use with surrounding development. The proposed development consists of 55 residential dwelling units on a 1.44 acre pamel of land, which results in a density of 38.2 dwelling units per acre. The development is located in the CBD zoning district, which allows the residential density to exceed 30 units per acre subject to conditional use approval. The analysis with respect to LDR Section 4.4.13(I) and other relevant section of the LDR is provided below. {2) The applicable performance standards for development under this section are as follows: (a) The development offers variation in design to add interest to the elevations and relief from the building mass. For example, the building setbacks or planes of the fa~:ade are offset and varied. In structures having more than two (2) stories, stepping back of the upper stories (third floor and above) is encouraged to decrease the perception of bulk. Building elevations incorporate several of the following elements: diversity in window and door shapes and locations; features such as balconies, arches, porches; and design elements such as shutters, window mullions, quoins, decorative tiles, or similar distinguishing features. The upper levels (third through fifth) of the proposed structure have been stepped back between four feet (4') and nine feet (9') from the lower levels (first and second) of the building on the SE 2'~ Avenue / west elevation. However, this is only a minor increase in step back based upon the previous submittal which provided a step back between four feet (4') and eight feet (8'). A more substantial step back can and should be provided. The development proposal already has projected portions of the first and second levels away from the core of the building and incorporated these projections as balconies for the third level dwelling units. In order to more fully comply with the direction of the Board to increase the step back between the upper and lower levels of the building, the lower levels should be further projected toward the west and the balconies for the third level dwelling units expanded to utilize this projected area. it is noted that these additional projections should still accommodate the provision of adequate sight visibility at the SE 2nd Avenue parking garage entrance. The east elevation of the building, which abuts the Florida East Coast (F.E.C.) Railroad right-of-way, will incorporate offsets between eight feet (8') and 23' in order to provide relief to the structure. In addition to the step backs and offsets provided, the architectural elevations of the structure also incorporate numerous balconies with aluminum railings and a varying Planning and Zoning Board Staff ')orr Conditional Use Requests for Gro.¢ Square Page 9 roofline including a standard parapet, a curved parapet, and a curved corrugated roof. Several window shapes and patterns will also be included in the architecture along with fluted parapet details, aluminum masts, and glass block and wire mesh set within an aluminum frame to screen the parking garage while providing the necessary ventilation and natural light. While the wire mesh accomplishes the task of providing ventilation and natural light for the parking garage, the manner in which the wire mesh has been incorporated into the design of the west elevation results in a rather heavy / bulky appearance. Thus, in order to provide relief to the building mass along the lower levels of the building, it is suggested that the commercial storefront architecture is extended along the facade of the lower levels to the garage access on SE 2"d Avenue and that the wire mesh screens south of said garage access are broken-up in a manner consistent with the east elevation of the building. Based upon the modifications made to the building design per the Boards previous direction and the incorporation of the above suggestions into the building design, the development proposal will be consistent with this performance standard. (b) If the building includes a parking garage as an associated structure or within the principal building, the garage elevation provides unified design elements with the main building through the use of similar building materials and color, vertical and horizontal elements, and architectural style. The garage is designed in a manner that obscures parked vehicles except in places where unavoidable, such as entrances and exits. Development of a portion of the ground floor perimeter adjacent to street rights of way is devoted to window displays or floor area for active uses such as retail stores, personal and business service establishments, entertainment, offices, etc., is encouraged. The development proposal does incorporate a parking garage on the first and second levels of the structure. The building materials utilized with the parking garage are architecturally consistent with materials utilized on the upper levels of the structure despite not being identical. Further, the architecture of the structure includes vertical lines that will emphasize a unified appearance. The parking garage elevations will consist of split-face masonry, wire mesh screens set in an aluminum frame, and decoratively utilized glass block. The wire mesh screens and glass block will permit ventilation and natural light to enter into the parking garage and louvers will be provided along the interior of the wire mesh to restrict lighting to within the parking garage. As with the previously discussed performance standard, it is again suggested that the commercial storefront architecture is extended along the fac,,ade of the lower levels to the garage access on SE 2"d Avenue and that the wire mesh screens south of said garage access are broken-up in a manner consistent with the east elevation of the building. These modifications will improve the compatibility between the two building sections (upper and lower) and allow the introduction of more similar building materials. Based upon the above, and subject to the attached conditions of approval being incorporated into the building design, the intent of this performance standard will be achieved. (c) A number of different unit types, sizes and floor plans are available within the development. Two and three bedroom units are encouraged, as are a combination of multi-level units and flats. In projects consisting of more than twelve (12) dwelling units, the proportion of efficiency or studio type units may not exceed 25% of the total units. There is no maximum percentage established for projects Planning and Zoning Board Staff 9orr Conditional Use Requests for Gro.¢ Square Page 10 having twelve (12) or fewer units, however, a mix of unit types and sizes is encouraged. The development proposal will provide a mix of one and two-bedroom dwelling units with twelve (12) different floor plans. There are 19 one-bedroom dwelling units ranging in size between 948 and 1,246 square feet, and 36 two-bedroom dwelling units ranging in size between 1,095 and 1,908 square feet. Based upon the above, the intent of this performance standard has been achieved. (d) The interiors of the dwelling units provide unique features and conveniences that distinguish them from standard multi-family projects and create an attractive living environment. Examples of some of the features that could be incorporated to meet this standard are: ceiling heights of nine feet (9') or greater; extensive use of natural lighting; panel doors throughout the interior; use of decorative molding for baseboard, door and window casings; wood or ceramic tile flooring in all or a portion of the units; built in cabinetry.and/or shelving; arched entryways or passageways; individual laundry facilities; special security features; or a combination of similar features and elements that meet the intent of this standard. Along with the development plans, the applicant has provided a statement that the units will have eleven foot (11') high ceilings, large amounts of natural light via extensive use of glass including floor to ceiling windows in some locations, built-in cabinetry, decorative moldings, granite counters, and individual laundry facilities as standard items. In addition, the applicant has indicated that security features will be provided (i.e. key pads and/or key cards); however the exact nature of the secudty feature has not yet been determined. Nonetheless, based upon the above, the intent of this performance standard has been achieved. (e) The development provides common areas and/or amenities for residents such as swimming pools, exercise rooms, storage rooms or lockers, covered parking, gardens, courtyards or similar areas and/or amenities. The development proposal provides for most of the above referenced amenities, such as a swimming pool, an exemise room, individual storage reoms, and covered parking. Based upon the above, the intent of this performance standard has been achieved. (f) The development promotes pedestrian movements by providing convenient access from the residential units to the public sidewalk system. Pedestrian areas adjacent to the building are enhanced by providing additional sidewalk area at the same level as the abutting public sidewalk. Accessways to parking areas are designed in a manner that minimizes conflicts between vehicles and pedestrians. The public street or streets immediately adjacent to the development are enhanced in a manner that is consistent with the streetscape in the downtown area (i.e., installation of landscape nodes, extension of existing paver block system, installation of approved street lighting, etc.). The development proposal provides a safe and efficient pedestrian connection between the buildings west entrance and the public sidewalk along SE 2"d Avenue. A second pedestrian connection between the buildings north entrance and the public sidewalk along East Atlantic Avenue via the breezeway between the existing retail uses also exists; however it is suggested and attached as a condition of approval that a crosswalk is striped-out across the drive aisle that bisects this crossing. While the public sidewalks along SE 2°d Avenue and SE 1st Street already exist, the sidewalk along SE 1st Street is Planning and Zoning Board Staff oort Conditional Use Requests for Gro.~ Square Page 11 not constructed with paver bricks and is therefore inconsistent with the balance of the sidewalk adjacent to the property. Thus, it is attached as a condition of approval that the concrete sidewalk along SE 1st Street is replaced with a paver bdck sidewalk consistent with the balance of the downtown sidewalks. Light poles and fixtures consistent with those along East Atlantic Avenue will be installed adjacent to the subject property along SE 1st Street and SE 2"~ Avenue where they do not presently exist and/or to replace inconsistent light poles and fixtures. While this has been noted on the proposed site plan it is also attached as a condition of approval. Based on the above and subject to the attached conditions of approval being addressed, this performance standard will be achieved. (g) The development provides opportunities to share parking, accessways, driveways, etc., with adjoining properties, or provides additional parking spaces that may be used by the public. The development proposal occupies virtually all of Block 85 and the Subdivision of Block 85 plats with the exception of the parcel (Lot 1, Block 85) at the southeast comer of East Atlantic Avenue and SE 2"~ Avenue, which consists of two buildings occupied by Atlantic Avenue Eye-Care and the V.F.W. Lodge. Thus, minimal opportunity exists to provide accessways or parking to adjacent properties. The development proposal will however provide twelve (12) new parallel public parking spaces along SE 2"d Avenue, which will achieve the intent of this performance standard. (h) Projects fronting on Atlantic Avenue, NE 1't Street or SE 1't Street contain nonresidential uses on the ground floor. The nonresidential ground floor space has ceilings not less than ten feet (10') in height. At least 50% of the surface area of the front street wall(s) at the ground floor of each such building is devoted to display windows and to entrances to commercial uses from outside the building. The principle frontage of the subject property is along East Atlantic Avenue and the development proposal will retain the existing commercial uses that front along this arterial right-of-way. The existing buildings have a ceiling height in excess of ten feet (10') and a surface area which is predominantly occupied by display windows and entrances. The subject property also has approximately 66' of frontage along SE Ist Street; however the potential development of this frontage would typically be limited to approximately 25' by the 40' sight visibility triangle required at the intersection of SE 2"d Avenue and SE Ist Street. Therefore, it is reasonable to base compliance with this performance standard only on the East Atlantic Avenue frontage, which exceeds the requirements of this performance standard. Of the eight (8) performance standards outlined in LDR Section 4.4.13(I), the subject development proposal complies with five (5) outright. Compliance with the remaining three (3) performance standards can be achieved subject to the attached conditions of approval being addressed. Given this level of achievement with the performance standards it is appropriate to grant the requested increase in density. LDR SECTION 2.4.5(E) - REQUIRED FINDINGS: Pursuant to LDR Section 2.4.5(E) (5), in addition to provisions of Chapter 3, the City Commission must make findings that establishing the conditional use will not: Planning and Zoning Board Staff oort Conditional Use Requests for Gr(,.o Square Page 12 (a) Have a significantly detrimental effect upon the stability of the neighborhood within which it will be located; (b) Hinder development or redevelopment of nearby properties. The following table identifies the zoning designations and uses that are adjacent to the subject property: Zoninq: Use: North CBD Vadous Retail Businesses South Central Business District-Railroad Milagro Center Corridor (CBD-RC) East CBD and Community Facilities (CF) Parking Lot and Vacant Land West CBD Vadous Retail Businesses The development proposal will significantly enhance the aesthetics of the subject property unifying the majority of the parcels under a single development. Further, the neighborhood and the downtown as a whole will benefit by the inclusion of new residential dwelling units. Increase in Height: The increase in building height over the standard 48' to 54'-3" will not be detrimental to the surrounding neighborhood. As discussed previously, the upper levels (third through fifth) of the structure are proposed to be stepped-back between four feet (4') and nine feet (9') from the lower levels (first and second) along the west elevation. It is suggested however, that this step back is increased by further projecting the lower levels of the building toward the west. Further relief will be provided to reduce the perceived building mass along the SE 2nd Avenue / west elevation via the utilization of offsets varying between four feet (4') and ten feet (10') within the vertical planes of the fa(;ade on the upper levels of the building. The east elevation of the building, which abuts the F.E.C. Railroad right-of-way, will incorporate offsets between eight feet (8') and 23' that will also provide relief to the structure. Increase in Density: The stability of the downtown area will be significantly enhanced by the addition of 55 residential dwellings that will patronize area businesses and contribute to the long term revitalization of the downtown. They will help to create and sustain a demand for goods and services within the downtown area, such as clothing stores and food markets, which will enhance commercial rents and property values. As discussed previously, the development proposal is located within the TCEA. Traffic in the downtown area has increased significantly since the mid-1990's when the revitalization began to take off and it has not at all deterred people from visiting the Central Business District. Stop and go traffic and congested sidewalks are indicative of successful, healthy downtowns, and tend to attract more people and greater investment in the area. Trips associated with this residential development will principally occur during the AM and PM peak hours, whereas the majority of the tdps generated by the previous uses on site primarily occurred following the PM peak hours and were substantially higher. Based upon the above, positive findings can be made with respect to LDR Section 2.4.5(E) (5) for the conditional requests pertaining to an increase in building height to a maximum of 60' Planning and Zoning Board Staff 9orr Conditional Use Requests for Gru,~ Square Page 13 (54'-3" is proposed) and to allow a density in excess of 30 units per acre (38.2 du/ac is proposed). COMPLIANCE WITH LAND DEVELOPMENT REGULATIONS: In conjunction with the conditional use requests, a sketch plan in substantial compliance with the submittal requirements for a site plan application was submitted and has been reviewed by staff. If the conditional uses are approved, a full site plan submittal complying with LDR Section 2.4.3 will be required. Based upon staff's review of the sketch plan, the following analysis is provided: Buildinq Setbacks: Pursuant to LDR Section 4.4.13(G) (2), within the area encompassed by the boundaries of the Downtown Development Authority (DDA) as originally established in LDR Section 8.2.2(B), there shall be no required front, side interior, side street, or rear building setbacks except where there'is no dedicated access to the rear of a building, a ten foot (10') side setback shall be provided. The subject property is located within the boundaries of the original DDA and has dedicated access to the rear of the existing and proposed structures; therefore no building setbacks are required. Parkin.q Requirements The development proposal consists of 55 residential dwelling units and 800 square feet of retail floor area. The parking requirements for a mixed-use project located in the CBD are calculated as follows: Step 1: The base parking requirements for each use in the project are determined individually and are depicted in the following table: Base Parking Requirements Us__.~e Parkioo Reouirement Parkino S~aces Required Residential Units One Bedroom (19) 1.25 spaces per unit 23,75 Two Bedrooms (36) 1,75 spaces per unit 63 Total 86.75 Guest Panning Units 1-20 0,5 per unit 10 Units 21 - 50 0.3 per unit 9 Units 50 - 90 0.2 per unit 1 Total 20 Retail Floor Area I per 300 sq. ft. 2.66 Existing Restaurant I Retai~ Floor Area I per 300 sq. ft. 5.3 (Vested) TOTAL 114.11 (115) Step 2: Pursuant to LDR Section 4.6.9(C) (8) (a), the minimum parking requirement for mixed-use buildings in the CBD shall be determined by the peak parking demand period. The peak demand period for the Grove Square project is the period from 6:00 P.M. to Midnight during weekdays. The following shared parking table has been modified to reflect the uses associated with the development proposal and to depict the resulting parking requirement within the timeframe: Planning and Zoning Board Staff 0orr Conditional Use Requests for Gro.~ Square Page 14 Mixed-Use Parking Requirements Use Base Parking Weekday- Evening Shared Parking Requirement 6 P.M. to Midnight Requirement Residential 31.75 90% 28.57 Commercial/Retail 2,6 90% 2,39 Other * 80.3 100% 80.3 Total Required Parking: 11 t,26 (112) · - This figure represents the vested parking requirement for the existing restaurant and retail floor area that is not being modified with this development proposal (5.3), and the resen/ation of 75 parking spaces for the residential dwelling units and guest parking on the second parking garage level. Based upon the above methodology, the total number of parking spaces required is 110. The project provides 125 parking spaces on-site, which includes the parking garage (123 spaces) and the surface spaces located to the south of the restaurant and retail buildings that are to remain (2 spaces). It is noted that the conversion of any commercial floor area to restaurant will require the processing of a site plan modification which must address the additional parking demand. Compact Parkinq: Pursuant to LDR Section 4.6.9(C) (1) (g), up to 30% of the required parking for any use may be designated for compact cars. The development proposal includes nine (9) compact parking spaces located within the parking garage. This represents approximately 7.2% of the total spaces, thus meeting the requirement. Handicapped Accessible Parkinq: Pursuant to LDR Section 4.6.9(C) (1) (b), special parking spaces designed for use by the handicapped shall be provided pursuant to the provisions of Florida Accessibility Code for Building Construction. Accessibility for residential structures is covered by the Federal Fair Housing Act. Pursuant to this act, two percent (2%) of the parking spaces serving the development must be handicapped accessible and accessible visitor spaces should be provided at a rate in accordance with the local cede. Based upon the 125 parking spaces provided, the development must provide a minimum of three (3) handicap accessible parking spaces and three (3) handicap accessible parking spaces have been provided. On-Street Parkinq: Although not counted toward meeting the parking requirements for the project, twelve (12) public parking spaces are being provided by the developer within the SE 2nd Avenue right-of- way. Although available to the general public, these spaces should help meet the shorter term parking requirements of residents and guests of the project. A maximum time limit of two (2) hours during the daytime should be imposed by the City to prevent long term parking. Li,qhtinq: A photometric plan has not been submitted for the development proposal. A photometric plan consistent with the requirements of LDR Section 4.6.8, that includes the lighting coverage for the parking garage, will need to be submitted during the site plan review process and is attached as a condition of approval. Also, as noted previously, it is attached as a condition of approval that light poles and fixtures consistent with those along East Atlantic Avenue are installed adjacent to the subject property Planning and Zoning Board Staff' 3orr Conditional Use Requests for Gro,,~ Square Page 15 along SE 1~t Street and SE 2nd Avenue where they do not presently exist and/or to replace inconsistent light poles and fixtures. Sidewalks: As noted previously, public sidewalks along SE 2"d Avenue and SE 1st Street already exist. However, the sidewalk along SE 1st Street is not constructed with paver bricks and is therefore inconsistent with the balance of the sidewalk adjacent to the property. Thus, it is attached as a condition of approval that the concrete sidewalk along SE 1st Street is replaced with a paver brick sidewalk consistent with the balance of the downtown sidewalks. Plat: As the development proposal will likely include the dedication and abandonment of various easements, a plat must be processed and recorded prior to issuance of a building permit and is attached as a condition of approval. Community Redevelopment Agency: The Community Redevelopment Agency (CRA) will review the development proposal at its meeting of August 12, 2004. The Boards recommendation will be presented at the Planning and Zoning Board meeting. Downtown Development Authority: The Downtown Development Authority (DDA) will review the development proposal at its meeting of August 13, 2004. The Boards recommendation will be presented at the Planning and Zoning Board meeting. Site Plan Review and Appearance Board (SPRAB): If the conditional use requests are granted, a site plan application addressing the outstanding technical comments would need to be approval by the SPRAB. Final action on the site plan will rest with the SPRAB. Courtesy Notice: Courtesy notices have been provided to the following homeowner's and/or civic associations which have requested notice of developments in their areas: El Delray Beach Chamber of Commerce El President's Council El Progressive Residents of Delray (P.R.O.D.) Public Notice: Formal public notice was provided to property owners within a 500' radius of the subject property prior to the Planning and Zoning Board meeting of July 19, 2004. As the proposal was not tabled to a time-certain date, a second formal public notice has subsequently been provided. Letters of support or objection, if any, will be presented at the Planning and Zoning Board meeting. Planning and Zoning Board Staff '~ort Conditional Use Requests for Gr(.,,,~ Square Page 16 The proposed conditional uses are to allow for a mixed-use structure having a height in excess of 48' (54'-3" is proposed) and to allow for a density in excess of 30 units per acre within the CBD (38.2 du/ac is proposed). As described in this staff report the request for additional height meets with the criteria established in LDR Section 4.3.4(J) (4) (b), and the increase in density above 30 units per acre is supportable as the project meets or exceeds the Performance Standards found in LDR Section 4.4.13(I). The provision of additional residential dwelling units within the downtown area will further the long term revitalization and stabilization of the CBD. The proposed use is consistent with the objectives and policies of the Comprehensive Plan and Chapter 3 of the LDR. Positive findings can be made with respect to LDR Section 2.4.5(E) (5) regarding compatibility of the proposed development with the surrounding properties regarding the requested increases in building height and density. It is noted that pursuant to LDR Section 4.4.13(I) (1), despite the fact that compliance with the performance standards is possible subject to the attached conditions, the Board may deny the application for increased density if the Board does not agree that the proposed changes are compatible in terms of building mass and intensity of use with surrounding development. A. Continue with direction. B. Move a recommendation of approval of the conditional use requests to allow for a building height in excess of 48' (54'-3") and a density in excess of 30 units per acre (38.2 alu/ac) for Grove Square, by adopting the findings of fact and law contained in the staff report, and finding that the request and approval thereof is consistent with the Comprehensive Plan and meets criteria set forth in Sections 2.4.5(E) (5), 4.3.4(J) (4) (b), 4.4.13(I), and Chapter 3 of the Land Development Regulations, subject to conditions. C. Move a recommendation of denial of the conditional use requests to allow for a building height in excess of 48' (54'-3") and a density in excess of 30 units per acre (38.2 du/ac) for Grove Square, by adopting the findings of fact and law contained in the staff report, and finding that the request is inconsistent with the Comprehensive Plan and does not meet criteria set forth in Sections 2.4.5(E) (5), 4.3.4(J) (4) (b), 4.4.13(I), and Chapter 3 of the Land Development Regulations. By Separate Motions: I~ Move a recommendation of approval of the conditional use request to allow for a building height in excess of 48' (54'-3") for Grove Square, by adopting the findings of fact and law contained in the staff report, and finding that the request and approval thereof is consistent with the Comprehensive Plan and meets cdteria set forth in Sections 2.4.5(E) (5), 4.3.4(J) (4) (b), and Chapter 3 of the Land Development Regulations; ~ Move a recommendation of approval of the conditional use request to allow for a density in excess of 30 units per acre (38.2 du/ac) for Grove Square, by adopting the findings of fact and law contained in the staff report, and finding that the request and approval thereof is consistent with the Comprehensive Plan and meets criteria set forth in Sections 2.4.5(E) (5), 4.4.13(I), and Chapter 3 of the Land Development Regulations; Planning and Zoning Board Staff 9orr Conditional Use Requests for Gr(,,,: Square Page 17 With said approvals to be subject to the following conditions: 1. That the outstanding technical comments listed in Appendix "A" are addressed prior to site plan approval; 2. That a contribution of $7,500 (approximately half the cost of a shelter) is paid prior to certification of the site plan for the development for the provision of a Palm Tran bus stop shelter at the corner of SE 1st Street and SE Ist Avenue; 3. That a bicycle rack is located adjacent to these existing commercial uses on the north end of the subject property; 4. That the lower levels of the building should be further projected toward the west and that the balconies for the third level dwelling units are expanded to utilize this projected area; 5. That the commercial storefront architecture is extended along the fac,,ade of the lower levels to the garage access on SE 2nd Avenue and that the wire mesh screens south of said garage access are broken-up in a manner consistent with the east elevation of the building. 6. That a crosswalk is striped-out across the drive aisle bisecting the crossing from the north entrance of the structure to the breezeway leading to East Atlantic Avenue; 7. That the concrete sidewalk within the SE 1st Street right-of-way is replaced with a paver brick sidewalk consistent with the balance of the downtown sidewalks; 8. That light poles and fixtures consistent with those along East Atlantic Avenue are installed adjacent to the subject property along SE 1st Street and SE 2"d Avenue where they do not presently exist and/or to replace inconsistent light poles and fixtures; 9. That a photometric plan consistent with the requirements of LDR Section 4.6.8, that includes the lighting coverage for the parking garage is submitted during the site plan review process; and 10. That a plat is processed and recorded prior to issuance of a building permit. Attachments: Appendix "A", Location Map, Site Plan, Floor Plans, Architectural Elevations, and Building Section Staff Report Prepared by: Robert G. Tefft, Senior Planner Planning and Zoning Board Staff' ')orr Conditional Use Requests for Gro,.~ Square Page 18 1. Pursuant to LDR Section 2.4.3(B) (8), depict the approximate locations of aboveground and underground utilities including water, sewer, drainage, power, gas, telephone, and cable television; poles and guy wires, transformer boxes, etc. The plan shall also identify the disposition of all such utilities. 2. Pursuant to LDR Section 2.4.3(B) (14), depict the manner in which all utility services are to be provided to the site and structures on site. 3. Pursuant to LDR Section 2.4.3(B) (15), provide a sketch/detail of the proposed aluminum fence, wall, balcony railings, and wire mesh screen. 4. Pursuant to LDR Section 2.4.3(B) (17), depict the locations of the proposed light fixtures both within the parking garage and on the site. Also, provide a detail of the light fixtures/poles along with a photometric plan. The photometric plan should include data regarding both the interior of the building and site. 5. Pursuant to LDR Section 2.4.3(B) (18), while a trash compactor has been included to serve the proposed building, provide facilities for the existing retail and restaurant uses. Also, provide a detail of the proposed facility and enclosure with notations for the type of gating and materials used for the 6. Pursuant to LDR Section 2.4.3(F) (4), provide a composite utility plan that shows the location of all existing and proposed utilities (water, sewer, power, telephone, gas, cable, drainage, etc.). The composite plan shall be signed by a representative of each utility provider attesting to the fact that services can be accommodated as shown on the composite utility plan. The composite plan shall address the responsibility for relocation of existing services and installation of new services. 7. Pursuant to LDR Section 4.6.9(D) (3) (c) (1), 50' of stacking distance is required between the SE 2nd Avenue right-of-way and the ddve aisle with the parking garage and only 35' has been provided. 8. Pursuant to LDR Section 4.6.16(H) (3) (j), each row of parking spaces shall be terminated by a landscape island. The parking tier at the north end of the property (outside of the parking garage) is not terminated by such a landscape island. 9. A raised concrete island should be constructed at the north end of the west parking tier of the garage levels. 10. The balconies for units "A15" and "C9" encroach into the F.E.C. Railroad right-of-way and must be reduced. 11. There is a concern with regard to the accessibility of the proposed trash compactor. The trash compactor may need to be installed at an angle in order to ensure accessibility. Provide the turning movements for trash compactor access on the site plan. 12. The area abutting the south side of the compactor should be striped as "no parking". 13. Provide a copy of the required SFWMD permit for this project. 14. Indicate proposed elevations on existing roadway. 15. Provide a typical cross section from building to adjacent right-of-way or adjacent property at all property lines. Pay particular attention to grade differential from proposed site to existing adjacent properties and show the existing grades on adjacent property. Planning and Zoning Board Staff ')od Conditional Use Requests for Gr(,.,~ Square Page 19 '16. Site is required to retain 5 year 1 hour storm (3.2") in addition to meeting water quality criteria (1"). Provide signed and sealed drainage calculations and indicate how storm water will be retained on site. 17. Provide certified exfiltration trench test results. 18. Show nearest existing drainage structures and indicate how proposed design will not create ponding water. 19. Indicate on plans how the roof drainage is accommodated. 20. Provide paving cross sections. 21. Clearly indicate on plans the limits of all curbing. 22. Indicate how handicap access is provided to structure in conformance with ADA standards and handicap spaces are to be provided in accordance with Florida Accessibility Code for Building Construction. 23. Parking layout and striping need to follow City of Delray Beach standards. Provide standard City of Delray Beach parking stall detail. Remove parking detail from site plan and only show on engineering plan. 24. Indicate stop bars and signs at egress drives as well as providing interior traffic control markings and signage. Clearly indicate onsite traffic control. 25. Show existing fire hydrant at intersection of SE 2"d Avenue and SE 1st Street. 26. Provide note that water meter sizes are to be determined by the City of Delray Beach Utility Department upon building permit application and remove the size indicated on the engineering plans. 27. Provide standard city RPZ backfiow preventor detail on plans. 28. A cleanout will be required on the sewer service at the right-of-way line and/or easement line. Renumber cleanouts. 29. Indicate typical configuration and location of proposed sewer services with cleanouts. 30. Indicate rim and invert of upstream and down stream manholes of proposed sewer laterals. 31. Engineer is to field verify location, size and depth of existing City of Delray Beach utilities prior to submitting Final Engineering Plans. 32. Indicate location of irrigation water meters. 33. Provide signed and sealed calculations indicating that existing lift station and force main which collects waste from proposed site has sufficient volumetric and pumping capacity. Also, confirm that downstream gravity sewer mains have sufficient capacity. 34. A certified engineer's estimate will be required for improvements within rights-of-way. A 110% surety and 2% engineering inspection fees will be required. A Financial Guarantee and Agreement for Completion of Required Improvements is required. For additional information see Section II of the City of Delray Beach Minimum Construction Standards. Prior to Certificate of Occupancy and the return of the 110% surety a 10% warranty surety will be required. N,W. 2ND ST. N.E. 2ND ST. N.W. 1ST ST. N.£. 1ST ~'L~Ji ST. STADIUM SQUARE AT ANTIC AVENUE S.W. 2ND ST. S.E. 2ND <~ ST. ~ GROVE SQUARE O0 0 0 0 0 rlT¥ DF DELRI3¥ BE;Ifil llI-AmericaCity 100 N.W. lot AVENUE · DELRAY BEACH, FLORIDA 33444 - 561/243-7000 David T. Harden, City Manager 1993 ~ 2001 FROM: obert A. Barcinski, Assistant City Manager DATE: August 30, 2004 SUBJECT: AGENDA ITEM CITY COMMISSION MEETING SEPTEMBER 7, 2004 SPECIAL EVENT REQUEST - ALL AMERICA DUCK DERBY h.~rI'ION City Commission is requested to consider approval of the 1st Annual All America Duck Derby sponsored by the Sunrise Rotary Club of Delray Beach proposed for October 15th and 16th from 10:00 a.m. to 6:00 p.m. at Veteran's Park. Commission is requested to grant a temporary use permit per LDR's Section 2.4.6(h) for the use of Veterans Park and the parking lot and to provide staff assistance for traffic control and security, EMS assistance, barricading, and trash removal and clean up assistance. The applicant is also requesting the standard event signs and directional signs. BACKflROUND Attached is a permit request for this event received from Hume M. Rennick along with a site plan, budget~ and certificate of insurance. Since receiving the permit my contact has been Dario Ayala. The original request included a request for use of the City stage as well as approval to bring on to the site a large crane which would be parked next to the finish line as well as authority to bring a 25,000 lb. ten wheel dump truck on the north side of the property to the edge of the Intracoastal Waterway. The City Engineer and I reviewed the request to bring a crane and large dump truck on site. We cannot get a large crane on the site to the location indicated and we have determined that we cannot allow the large dump truck to pull up to the Intracoastal on the north side of the property due to the weight. We have numerous underground utilities in this area and the City Engineer is concerned about damage. In my discussions with Mr. Ayala we have also determined that there is no need for the City stage; they can utilize the gazebo on site. The Fire Department also does not feel that there is a need for on-site EMS services. The estimated staff overtime for this event is $798.41 and the estimate for event signage is $250. Per event policies since the applicant is a 501(c) 3 organization there are no charges for City overtime and signage. We have been advised that the Coast Guard will not grant approval until one week prior to the event. ~ ~,,~ ,~, ,~,,~,,,,~ ~,,r THE EFFORT ALWAYS MATTERS ~__~__ RllCOMI~Fd~ll)ATION Staff recommends consideration of approval of the event, the temporary use permit for Veterans Park and the parking lot, staff assistance as requested except for EMS assistance, and approval of the event signage request to be installed no earlier than October 7th with the following conditions: 1. Receipt of Hold Harmless agreement. 2. Receipt of the Coast Guard approval one week before the event. 3. Stipulation that the dump truck cannot proceed any farther than the road barricade on NE 1st Street. Nor is a crane permitted on site. RAB/tas File:u:sweeney/events Doc: Agenda All America Duck Derby 2004 ~ - ~ DELRAY BEACH City of Delray Beach Special Event Pe~niit n~a.~=~ ,, Application ~ PLEASE PRINT 200, ~.~Event Date(s): '~<~;~Z~',~/~ . J3'~'~'~/~''~'~'' ~, EventSponsor/Produ~r: ' , Z Event ContacVCooffiinator: Address: "~~~ lelephone Number ~Cellular Num~~~ E-mail Address: ~~,~ ~~ Event Desgfiption~u~ose: _. ~. Sponsor Catego~ {pleaso check) Ci~on-ProfiVCharimble Co-Sponsor - Non-Pmfi~Pdvate (If Nomproffi affach pmof of ~0~(3) or (d)) Event Lomaon (Describe ama boundaries of even~location): v/'Si{e plan attacl?ed yes no (Site plan reqmred for entire event site) Event budget attached yes V/ no (Required for all events) Serving or selling alcoholic beverages yes no (If yes, copy of ficense and alcohol liability insurance required two (2) weeks prior to event) ] Event certificate of insurance attached yes no (Required two (Z) weeks prior to event naming the City as additiO~a-[-~s~J-red, also required for vendors) Playing of amplified music yes ~ no (Waiver required) Requesting Police assistance yes t// no (traffic control/security) Will supplement with private security yes no (If yes, need plan attached) Requesting Emergency Medical assistance yes v/ no Requesting barricade assistance yes V/' no Requesting trash removal/clean up assistance yes no. Requesting trash boxes and liners yes._~~ no Requesting stage use yes 1,/ no (If yes, check type) Large stage Govered [~ Large stage no cover r~ Small stage Half small stage D Requesting sig.nage ~ yes ~ no Type: Event $~gn t,"',. Directional signs.. ~/ Banner hanging. J Indicate dates required (Waiver required if more than one (t) week prfor to event) Food and beverage vendors yes. v/ no.. If yea, approximate number Health Department approval ~-~/~'~ yes no (If yes, tent permits and fire inspections maybe needed) Will the event include amusement rides yes no (If yes, type and Iocatfon and copy of liability insurance required) Will the event be gated yes. no (Show on.site map) VVill there be fireworks or other pyrotechnics yes no %"/ (If yes, contact Fire Marshall) Will thero be cooking with compressed gas yes no (If yes, contact Fire Marshall) Will you be providing port-a-lets for the event yes ~ no (If yes, locate on-site map. If no, indicate how you will handle rsatroom needs) Will thero be a charge for the event yes no (If yes, indicate ticket prices) Is reserved parking requested yes no (ff yes, indicate locations) Event Contrac, t~r/Coordinator...~ Please p ri n t:~,~,'~'/-~,A' Please enclose the appropriate non-refundable application fee payable to the City of Delray Beach, 100 N.W. 1`t Avenue, Defray Beach, Florida 33444. For Staff Use Otllv , . ~ Date Received(~l~ [1~'} ~.~pplication fee received ~/~' Site map ~' ~ ~ n Budget // ~[,<~J , . ~ Certificate of insurance ~./ Hold Harmless agreemerit Security plan Waiver alcoholic beverage Railroad approval Coast Guard approval 501c(3) or (d) certificate or letter Health Department approval Fire Inspector approval Police Department approval Public Works approval Parks and Recreation approval City Commission approval ~0~ ~I~ V ~I-~[ID 99g~gg~lg~ X'VH ~:2~ [0/~0/90 Jun.28 04 05:2§p Proc~in~ 5618280635 p.3 The First Ali-America Duck Derby To Benefit the Youth of South Palm Beach County Aimnt the Rotary Club of Delray Beach-Sunrise: We are an organiTation of business and professional men and women, living in the area, who are united worldwide and who provide b~!manitarian s~-vice, encourage high ethical standards in ali vocations and help build goodwill and peace in our community, our country) and our world. Our chapter has been in existence sinco 1986. Wc have been dedicated to helping the youth and others in need in the DeL-ay Beach area with life-changing and sometimes life-saving assistance. Since 1990 we have given over $30,000 in scholarship for continuing education to Atlantic High School. Another contribution to our commu~ty is the sponsorship of the Sand Sculpturing contest in Downtown Dclray Beach on the Fourth of July. The Duck Derby: The All-America Duck Derby is a promotional fundraiser designed to raise money for youth activities in south palm Beach County and scholarships for Atlantic High School. It is a full-scale promotion with media, business and ¢omm~Inity support. Over 10,000 yellow rubber ducks will be adopted this year in Delray Beach. These ducks will be plummet~l into thc Intracoastal Waterway just above Vettwans Park with a finish liae near Atlantic Avenue Bridge, October 16, 2004. They will race to the finish line hoping to win their "parents" one of numerous prizes. Media: We arc arranging for several publications, radio and television stations to provide approximately $150,000 in media support of this event. Tiffs will be instrumental in the tremendous success the derby achieves and bring great exposure to our gracious sponsors. Dado Ayala The Rotary Club of Delray Beach - Sum-ise P.O. Box 1271 Delray Beach, FL 33447-1271 561-620-0106 Phone 561 ~.~.1-6511 Mobile 561-276-4717 Facsimile l~m~i!: duckcentral~ho~m ~il.com 3ul 14 04 03:3~p Ppoces$inC 5618280635 p.~ The Rotary Club of Delray Beach - Sunrise P.O. Box 1271 Delray Beach, FL 33447-1271 Phone * 561-276-4717 *FAX Email: duck_central @ hotmail.com Mr. David Harden City Manager, Delray Beach City Hall, 100 NW 1~t Avenue Delray Beach, FL 32'1.44 2612 Dear Mr. Harden, The Rotary Club of Delray Beach will hold an outdoor family event on October 16t~. We will have an announcer during the festivities and wish to have a waiver of noise permit. Please let us know what we can do to accomplish this and thank you. Regards, Dario Ayala Secretary, Rotary Club of Delray Beach Service Above Self ~.rotant.om Adopt A Duck for a chance to win one million dollars! 561-620-0106 Duck Race Hotliue 561 441-6511 Mobile 866467-9415 Facsimile sovdav@vahoo.com 3ul 14 04 03:37p Ppocessin~ SS1828063S p.3 ~un~2B 04 05:25p Processin~ 5618280635 p.5 DELI:lAY BEACH SUNRISE DUCK DERBY OCTOBER 15-16, 2004 ProForrna REVENUES: Cash Sponsorships Feb $ 5,000.00 Mar $ 2,500.00 April $ 2,500.00, May $ 2,000.00 ;2XIK June $ 2,000.00 2 X 1K Duck Sa[es July $ 10,000.00 2000 August $ 12,500.00 2500 September $ 12,500.00 2500 October $ 15,000.00 3000 Co[lateral Sales July-Oct $ 6,000.00 ~lnKind Donations Feb $ 5,000.00 Mar-Oct $ 5,000.00 Total Revenues $10,000.00 $ 70,000.00 EXPENSES: Contract Binder 04-Feb $ 500.00 I Conference 04-Jan $ 150.00 DeJray Affair Booth 04-Apr $ 170.00 First Installment 04-Mar $ 4,334.00 Second Installment 04-Oct $ 4,333.00 I iF~na Installment 10/16/2004 $ 4,333.00 I _. Miscellaneous 04-Jul $ 1,180.00 Duck Sales Concess. JuL - Oct. $ 12,500.00 I Total Expense $ 27,500.00 = Net Revenue $10,000.00 $ 42,500.00 I InKind Cash ~ ,~ ~!~ ~ >~ DATE (MN/DD/YYYY) Aon Ri sk Servi ces, Inc. of Ill i noi s TItIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY 200 East Randolph AND CONFERS NO RIGItTS UPON TItE CERTIFICATE ItOLDER. TIfIS chicago IL 60601 USA CERTIFICATE DOES NOT AMEND, EXTENDORAL~RT~ COVE~GE AFFO~ED BY THE POLICIES BELOW. INSU~ AFFORDING COVE~GE NAIC ~oN~,~866~ 283-7~22 ~AX-~847) 953-5390 Attn: Elaine Marin ~560 Sherman ~venue Evanston ~L 6020t-3698 USA THE POLICIES OF INSURANCE LISTED BE~W HAVE BEEN ISSUED ~ ~E INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWI~STANDING ~ SZR $250,000 pERSONAL & ~V iN~Ry $750,000 GE~RAL A~REGA~ ~ OCCUR ~ CLAIMS MADE AGGRmATE RE: ~]] ~erica ~uck Additional Insured with respect to the General Liability policy, oelray Beach Sunrise Rotary club, District 6930. C~ty O~ D~ ~ u~y ~ach 3(i DAYSWRI~ENNOT[CETOTHECERTI~CATEHOLDERNAMEDTOT~LE~, Attn: Robin 3. Cox ~00 NW 1st Ave. OFANYKI~U~NTHEINSURER, ITSAGE~SORREPRESE~ATWES Delray Beach FL 33444 USA TO: DA~/~D T. HARDEN, CITY MANAGER THRU: x~c!~L D~ECTOR OF PLANNING & ZONING-- '~"~ SUBJECT: MEETING OF SEPTEMBER 8, 2004- REGULAR AGENDA REVIEW A REQUEST FROM JOE'S RESTAURANT FOR THE PURCHASE OF FOUR (4) IN-LIEU PARKING SPACES Joe's Restaurant, located at 19 -23 SE 5th Avenue (Southbound Federal Highway) has submitted a Class III site plan modification for the conversion of a 1,320 +/- square foot Barber Shop and retail bay to restaurant. Land Development Regulations (LDR) Section 4.4.13(G)(1) requires that parking be provided by calculating the difference between one (1) space per 300 sq. ft. and six (6) spaces per 1,000 sq. ft. This proposed conversion requires the provision of four (4) spaces (3.72 rounded up to 4). Staff is concerned that the site plan shows no storage or office space associated with the restaurant use on the first floor. The existing office space shown on the second floor requires no additional parking. However, if any of the existing office space on the second floor were to be used in association with the restaurant i.e. storage and or office, additional parking would be required under a similar formula. USE REQUIREMENT TOTAL SQ. FT. FORMULA TOTAL I Retail 1 per 300 sq. ft. 1,395 1,395 / 300 4.65 I Restaurant 6 per 1000 sq. ft. 1,395 1395 / 1000 x 6 8.37 Total new spaces required 3.72 LDR Section 4.6.9(E)(3) states "If it is impossible or inappropriate to provide the required on-site or off-site parking spaces, the City Commission may approve the payment of a fee in-lieu of providing such required parking...". Due to site constraints it is impossible to provide the required parking on-site. Consequently, the applicant is requesting to purchase four (4) in4ieu spaces at a cost of $12,000 per space totaling $48,000 to be paid in accordance with LDR Section 4.6.9(E)(3)(d) by entering into an In-Lieu of Parking Fee Agreement with the City. The subject property has a preexisting non-conformity (5 space shortage) with respect to parking and currently has no parking spaces. The approval of this request would result in the property having 100% of it's parking through a combination of a preexisting nonconformity credit and in-lieu of fees. Although the subject property has no parking it is adjacent to the Village Lot (municipal lot) with a 34 space capacity and across the street from the Chamber of Commerce Lot which contains 67 spaces. The Community Redevelopment Agency considered the request at their meeting of August 12, 2004. While there was concern regarding the in-lieu request the Board recommended approval of the proposed project. The Downtown Development Authority considered the request at their meeting of August 13, 2004, and while not having a quorum, provided a consensus approving the proposed project. The Parking Management Advisory Board, at their meeting of August 24, 2004, unanimously recommended approval of the applicant's request. Board Discretion. TO: DAVJ~ T..HARI~EN,~/~CITY MANAGER FROM: SCOTT ARONSON,IPARKING MANAGEMENT SPECIALIST SUBJECT: MEETING OF SEPTEMBER 7, 2004- REGULAR AGENDA REVIEW A REQUEST FROM COLD STONE CREAMERY FOR THE PURCHASE OF FIVE (5) IN-LIEU PARKING SPACES. Cold Stone Creamery, located at 110 East Atlantic Avenue, has submitted a Class III site plan modification for the conversion of 1,607 square feet of office space to restaurant. Land Development Regulations (LDR) Section 4.4.13(G)(1) requires that parking be provided by calculating the difference between one (1) space per 300 sq. ft. and six (6) spaces per 1,000 sq. ft. This conversion requires the provision of five (5) spaces (4.285 rounded up to 5). Retail 1 per 300 sq. ft. 1,607 1,607 / 300 5.357 Restaurant 6 per 1000 sq. ft. 1,607 1,607 / 1000 x 6 9.642 Total new spaces required 4.285 LDR Section 4.6.9(E)(3) states "If it is impossible or inappropriate to provide the required on-site or off-site parking spaces, the City Commission may approve the payment of a fee in-lieu of providing such required parking...". Due to site constraints it is impossible to provide the required parking on- site. Consequently, the applicant is requesting to purchase five (5) in-lieu spaces at a cost of $12,000 per space totaling $60,000 to be paid in full upon issuance of a building permit. Staff feels that rather than being a destination generating additional vehicular trips the Cold Stone Creamery will service customers already visiting the Downtown area. Therefore, staff recommends approval of the applicant's request. The Community Redevelopment Agency considered this request at their meeting of August 26, 2004. The Board recommended denial of the proposed project with a 2-3 vote based on a concern with the number of in-lieu spaces requested (Wheat, Montague and Lewis dissenting / Ellingsworth abstained). The Downtown Development Authority, at their meeting of August 13, 2004, while not having a quorum, provided a consensus approving the proposed project and the related in-lieu request. The Parking Management Advisory Board, at their meeting of August 24, 2004, recommended approval of the applicant's request by a 4-3 margin (Ramos, Montague and Lierle dissenting). Move approval of the request from Cold Stone Creamery for the purchase of five (5) in-lieu spaces by adopting the findings of fact and law contained in the staff report, and finding that the request is consistent with the Comprehensive Plan and meets the criteria set forth in Section 4.6.9(E) of the LDRs. TO: ~ID T. H~RDEN, C!TY MANAGER THRU: ~~RL~~CTOR OF PLANNING & ZONING~ FROM: SCOTT ~KvmouN, PARKING MANAGEMENT SPECIALIST SUBJECT: MEETING OF SEPTEMBER 7, 2004 - REGULAR AGENDA APPROVE A REQUEST FROM ATLANTIC COFFEE & TEA FOR THE PURCHASE OF TVVO (2) IN-LIEU PARKING SPACES Atlantic Antique Mall, located at 504 East Atlantic Avenue, received approval for three (3) in-lieu spaces at the City Commission meeting of March 19, 2002. Subsequent to paying the required $36,000 certain site plan modifications were submitted reducing the square footage of the proposed project resulting in a reduction of required in-lieu spaces to one (1) space. In February, 2004 the applicant received a $24,000 refund for the two (2) unused in-lieu of spaces approved. Atlantic Coffee & Tea has submitted a Class III site plan modification to convert a total of 750 square feet of retail space within the Atlantic Antique Mall to restaurant. The site plan proposes to convert 590 sq. ft. on the first level to a coffee shop and an additional 160 sq. ft. on the second level for an associated seating area. Pursuant to Land Development Regulations (LDR) Section 4.4.13(G)('1) this conversion requires the provision of two (2) additional parking spaces. LDR Section 4.6.9(E)(3) states if it is impossible or inappropriate to provide the required on-site or off-site parking spaces, the City Commission may approve the payment of a fee in-lieu of providing such required parking. Due to site constraints it is impossible to provide the required parking on-site. Consequently, the applicant is requesting to purchase two (2) in-lieu spaces at a cost of $12,000 per space ($24,000 total) to be paid in accordance with LDR Section 4.6.9(E)(3)(d). Staff feels that the Coffee Shop will not be a destination in itself and will be utilized primarily by customers already in the Downtown area. Therefore, staff recommends approval of the applicant's request. The Community Redevelopment Agency considered the request at their meeting of August 12, 2004, and unanimously recommended approval. The Downtown Development Authority considered the request at their meeting of August 13, 2004. They did not have a quorum, however they provided a consensus approving the proposed project. The Parking Management Advisory Board considered the request at their meeting of August 24, 2004, and unanimously recommended approval of the applicant's request. Move approval of the request from Atlantic Coffee & Tea for the purchase of two (2) in-lieu spaces by adopting the findings of fact and law contained in the staff report, and finding that the request is consistent with the Comprehensive Plan and meets the criteria set forth in Section 4.6.9(E) of the LDRs. TO: DAVID T. H~RDEN, CITY MANAGER THRU: PAUL DORLINGvD~ECTOR OF PLANNING & ZONING FROM: -~COTT ARONS~N, PARKING MANAGEMENT SPECIALIST SUBJECT: MEETING OF SEPTEMBER 7, 2004- REGULAR AGENDA APPROVE A REQUEST FROM MANO-A-MANO FOR THE PURCHASE OF ONE (1) IN-LIEU PARKING SPACE In September, 2003, Tapas Restaurant located at 8 East Atlantic Avenue got approval of a Class III site plan modification to conved a 2,850 square foot retail bay to restaurant. At the time of the conversion a non-conforming 346 square foot residential unit located on the 2® floor was assessed it's required parking (1 ¼ spaces). The conversion to restaurant use and the residential unit required a total of seven (7) new parking spaces. The ten (10) space parking area adjacent to the building was reconfigured to provide an additional three (3) spaces and the remaining four (4) spaces were purchased via the in-lieu program. The restaurant, renamed Mano-A-Mano, has submitted a Class III site plan modification for the conversion of the 346 square foot 2nd floor residential space to office space associated with the first floor restaurant. Land Development Regulations (LDR) Section 4.6.9(1::) states "If it is impossible or inappropriate to provide the required number of on-site or off-site parking spaces, the City Commission may approve the payment of a fee in-lieu of providing such required parking...". LDR Section 4.4.13(G)(1) requires one (1) additional parking space at a cost of six thousand dollars ($6,000) to be paid in full upon issuance of the building permit. Considering the proposed conversion is for office space and is unlikely to create additional vehicular trips to the subject property staff recommends approval of the applicant's request. The Community Redevelopment Agency considered the request at their meeting of August 12, 2004, and unanimously recommended approval of the proposed project. The Downtown Development Authority, considered the request at their meeting of August 13, 2004, and while not having a quorum, provided a consensus approving the proposed project. The Parking Management Advisory Board considered the request at their meeting of August 24, 2004, and unanimously recommended approval of the applicant's request. Move approval of the request from Mano-A-Mano for the purchase of one (1) in-lieu space by adopting the findings of fact and law contained in the staff report, and finding that the request is consistent with the Comprehensive Plan and meets the criteria set forth in Section 4.6.9(1::) of the LDRs. FROM: SCOTT ARONSON, PARKING MANAGEMENT SPECIALIST SUBJECT: MEETING OF SEPTEMBER 8, 2004- REGULAR AGENDA APPROVE A REQUEST FROM 329 PINEAPPLE GROVE WAY FOR THE PURCHASE OF ONE (1) IN-LIEU PARKING SPACE The mixed use building at 329 Pineapple Grove Way will contain 4,621 square feet of retail space on the ground floor and four (4) residential units on the second floor. Land Development Regulations (LDR) Section 4.6.9(C)(8)(a) allows developers to utilize the shared parking table to calculate required parking when a building(s) on a unified site is used for both residential and commercial uses. In accordance with the shared parking table the development requires 28 parking spaces (see attached). The site plan proposes the construction of a 23 space parking lot to the rear of the structure on the west side of the property and an additional four (4) parallel parking spaces adjacent to the alley for a total of 27 spaces. LDR Section 4.6.9(E)(3) states if it is impossible or inappropriate to provide the required on-site or off- site parking spaces, the City Commission may approve the payment of a fee in-lieu of providing such required parking. Consequently, the applicant is requesting to purchase one (1) in-lieu space at a cost of $6,000. LDR Section 4.6.9(E)(3)(e) requires developers to construct on-street parking spaces adjacent to a project where sufficient right-of-way exists. This requirement contradicts the adopted Pineapple Grove Master Plan in this area, which shows on-street parking in defined segments and provides for sidewalk widths at a minimum of ten feet (10') in others. The Community Redevelopment Agency considered the request at their meeting of September 11, 2003, and approved the development proposal. The Downtown Development Authority, considered the request at their meeting of September 19, 2003, and approved the development proposal. The Pineapple Grove Design Committee, considered the request at their meeting of October 6, 2003, and approved the development proposal. The Site Plan Review and Appearance Board, considered the request at their meeting of October 22, 2003, and approved the development proposal. Move approval of the request from 329 Pineapple Grove Way for the purchase of one (1) in-lieu space by adopting the findings of fact and law contained in the staff report, and finding that the request is consistent with the Comprehensive Plan and meets the criteria set forth in Section 4.6.9(E) of the LDRs. [IT¥ JIF DELIIR¥ BER[H DELRAY BEACH AII-Amefi;;C~ tOO N.W. 1st AVENUE DELRAY BEACH, FLORIDA 33444 · 561/243-7000 David T. Harden, City Manager 1993 2001 FROM: ~Robert A. Barcinski, Assistant City Manager DATE: August 30, 2004 SUBJECT: AGENDA ITEM CITY COMMISSION MEETING SEPTEMBER 7, 2004 - GOLF COURSES MANAGEMENT AGREEMENT RFP/RANKINGS ACTION City Commission is requested to consider approval of the Selection Committee's ranking of the RFP's for the Golf Courses Management Agreement and authorize staff to proceed with contract negotiations with the number one (1) ranked firm. BACKflROUND A request for proposals was advertised on July 18, 2004 for management services for the City's golf courses. A total of four (4) responses were received prior to the request closing at 2:00 p.m. on August 18, 2004. A seven member RFP selection and review committee consisting of Ward Northrup (Golf Course Architect), Joe Sciortino (Manager of Boynton Beach Municipal), Ted Curtis (Lynn University), Jay Alperin, David Schmidt, Becky O'Connor, and myself reviewed and evaluated the proposals based on the RFP criteria. A mandatory pre-proposal meeting and site tour was held on July 28, 2004. The selection committee met in a public forum on August 25, 2004 to review and discuss the proposals. The Committee ratings by rank and total points are as follows: Firm Rank Total Points JCD Sports Group 1 545 RDC Golf Group, Inc. 2 438 One Source 3 434 Evergreen Alliance Golf Limited 4 409 Attached are summaries of the selection committee's individual score by rank and points. THE EFFORT ALWAYS MATTERS RECOMMF.,NDATION Staff recommends City Commission consider the selection committee recommendations and authorize staff to proceed to contract negotiations with the number one (1) ranked firm JCD Sports Group. RAB/tas File:u:sweeney/agenda Doc: Golf Courses Management Agreements RFP Rankings [IT¥ I)F DELRR¥ BER[H DELRAY BEACH AII-AmedcaCity loo N.W, 1st AVENUE DELRAY BEACH, FLORIDA 33444 561/243-7000 ~TO: David T. Harden, City Manager 1993 2001 FROM: obert A. Barcinski, Assistant City Manager DATE: August 31, 2004 SUBJECT: AGENDA ITEM CITY COMMISSION MEETING SEPTEMBER 7, 2004 - TENNIS FACILITIES MANAGEMENT AGREEMENT RFP/RANKINGS ACTION City Commission is requested to consider approval of the Selection Committee's ranking of the RFP's for the Tennis Facilities Management Agreement and authorize staff to proceed with contract negotiations with the number one (1) ranked finn. BACK~tROUND A request for proposals was advertised on July 18, 2004 for management services for the City's tennis facilities. A total of five (5) responses were received prior to the request closing at 10:00 a.m. on August 20, 2004. A five member RFP selection and review committee consisting of Ken Rubin (tennis member), Arthur Brown (tennis member and patron), Ted Curtis (Lynn University), Becky O'Connor, and myself reviewed and evaluated the proposals based on the RFP criteria. A mandatory pre-proposal meeting and site tour was held on July 30, 2004. The selection committee met in a public forum on August 27, 2004 to review and discuss the proposals. The Committee's ratings by rank and total points are as follows: Firm Rank Total Points JCD Sports Group I 432 Baral, Inc. 2 385 Tennis Management Corp. Int'l 3 303 RDC Golf Group, Inc. 4 263 Verzaal Sports 5 193 Attached are summaries of the selection committee's individual score by rank and points. THE EFFORT ALWAYS MATTERS (~-~ RgCOglMFJII)&TIOI~I Staff recommends City Commission consider the selection committee's recommendations and authorize staff to proceed to contract negotiations with the number one (1) ranked firm JCD Sports Group. RAB/tas File: u:sween ey/agenda Doc: Tennis Facilities Management Agreements RFP Rankings MEMORANDUM To: City Commission From: David T. Harden, City Manager~ Subject: Proposed $14,000,000 General Obligation Bonds Date: September 1,2004 We have attached for Commission approval Resolution# 61-04 and 62-04 relative to the issuance of proposed General Obligation Bonds. A brief description of each resolution is as follows: Resolution# 61-04 authorizes the issuance of General Obligation Bonds not to exceed $14,000,000; providing for the allocation of proceeds consistent with Resolution #72-03 (authorizing certain projects and calling for a referendum), and providing for other matters deemed necessary and proper in connection with the issuance of the bonds. Resolution #62-04 authorizes the competitive sale of General Obligation Bonds not to exceed $24,000,000; establishes the maturity schedule, authorizes the Finance Director to publish a summary notice of sale and to receive bids pursuant to the responsive bidder offering the lowest true interest cost which shall not exceed 6%, appointing a paying agent and bond registrar, approving the form of a summary notice of sale, an official notice of bond sale and bid form, providing for a bond insurance policy, and authorizing the proper officers to do all other things necessary to effectuate the sale. The Finance Department recommends approval of this resolution. I concur with their recommendation. c: R.S. O'Connor, Treasurer File: commiss04res.doc RESOLUTION NO. 61-04 CITY OF DELRAY BEACH, FLORIDA General Obligation Bonds, Series 2004 (Recreational and Cultural Projects) General Obligation Bond Resolution Adopted September 7, 2004 WPB-FSIXS05506v09\I6787.011300 Resolution No. 61-04 TABLE OF CONTENTS SECTION 1. DEFINITIONS ................................................................................................... 3 SECTION 2. FINDINGS ......................................................................................................... 8 SECTION 3. AUTHORITY OF THIS RESOLUTION .......................................................... 8 SECTION 4. RESOLUTION CONSTITUTES CONTRACT ................................................ 8 SECTION 5. AUTHORIZATION AND DESCRIPTION OF BONDS ................................. 9 SECTION 6. REDEMPTION PROVISIONS ....................................................................... 11 SECTION 7. EXECUTION OF BONDS .............................................................................. 11 SECTION 8. NEGOTIABILITY, REGISTRATION AND CANCELLATION .................. 12 SECTION 9. BONDS MUTILATED, DESTROYED, STOLEN OR LOST ....................... 14 SECTION 10. FORM OF BONDS .......................................................................................... 14 SECTION 11. APPLICATION OF BOND PROCEEDS ................................................. '_....24 SECTION 12. SECURITY FOR THE BONDS ...................................................................... 26 SECTION 13. COVENANTS OF THE CITY ........................................................................ 26 SECTION 14. RULE 15c2-12 UNDERTAKING ................................................................... 31 SECTION 15. BOOK-ENTRY SYSTEM ............................................................................... 36 SECTION 16. MODIFICATION OR AMENDMENT ........................................................... 37 SECTION 17. SEVERABILITY OF INVALID PROVISIONS ............................................. 38 SECTION 18. SALE OF BONDS ........................................................................................... 39 SECTION 19. BOND ANTICIPATION NOTES ................................................................... 39 SECTION 20. PRELIMINARY OFFICIAL STATEMENT AND NOTICE OF SALE ........ 39 SECTION 21. REMEDlES ...................................................................................................... 40 SECTION 22. EFFECTIVE DATE ......................................................................................... 40 WPB-FSI~505506v09\I6787.011300 i Resolution No. 61-04 Resolution No. 61-04 A RESOLUTION OF THE CITY COMMISSION OF DELRAY BEACH, FLORIDA, AUTHORIZING THE ISSUANCE OF NOT EXCEEDING $24,000,000 IN THE INITIAL AGGREGATE PRINCIPAL AMOUNT OF CITY OF DELRAY BEACH, FLORIDA GENERAL OBLIGATION BONDS, SERIES 2004 (RECREATIONAL AND CULTURAL PROJECTS); PROVIDING FOR ALLOCATION OF THE PROCEEDS OF SUCH BONDS CONSISTENT WITH RESOLUTION NO. 72-03; PROVIDING THE FORM AND TERMS OF THE BONDS; PROVIDING FOR THE PAYMENT OF THE BONDS FROM A TAX ON ALL TAXABLE PROPERTY IN THE CITY OF DELRAY BEACH; PROVIDING FOR THE UNDERTAKING BY THE CITY REGARDING SECONDARY MARKET DISCLOSURE AS REQUIRED BY RULE 15c2-12 OF THE SECURITIES AND EXCHANGE COMMISSION; PROVIDING FOR THE RIGHTS, REMEDIES AND SECURITY OF THE HOLDERS OF THE BONDS; PROVIDING FOR CERTAIN OTHER MATTERS DEEMED NECESSARY AND PROPER IN CONNECTION WITH THE ISSUANCE OF THE BONDS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Commission of Delray Beach, Florida (the "Commission"), did, on October 21, 2003, adopt Resolution No. 72-03 entitled "A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, PROVIDING FOR THE ISSUANCE OF GENERAL OBLIGATION BONDS FOR THE PURPOSE OF FINANCING THE (A) ACQUISITION OF LAND, THE CONSTRUCTION AND EQUIPPING OF UP TO THREE NEW NEIGHBORHOOD PARKS, THE CONSTRUCTION AND EQUIPPING OF A SOCCER COMPLEX; THE CONSTRUCTION, RECONSTRUCTION AND EQUIPPING OF CERTAIN EXISTING PARKS THROUGHOUT THE CITY IN THE PRINCIPAL AMOUNT NOT EXCEEDING $9,000,000; (B) ACQUISITION OF LAND, THE CONSTRUCTION AND EQUIPPING OF A NEW RECREATION CENTER IN THE WESTERN AREA OF THE CITY, AND THE CONSTRUCTION AND/OR RECONSTRUCTION OF IMPROVEMENTS TO AND EQUIPPING OF CERTAIN EXISTING RECREATION CENTERS IN THE PRINCIPAL AMOUNT NOT EXCEEDING $7,000,000; (C) ACQUISITION OF LAND, CONSTRUCTION OF A PARKING GARAGE AND OTHER CAPITAL IMPROVEMENTS WPB-FSB505506v09\I6787.011300 Resolution No. 61-04 AS PART OF THE EXPANSION OF OLD SCHOOL SQUARE IN THE PRINCIPAL AMOUNT NOT EXCEEDING $7,000,000; AND (D) ACQUISITION OF FURNISHINGS AND FIXTURES FOR THE NEW LIBRARY IN THE PRINCIPAL AMOUNT NOT TO EXCEED $1,000,000; CALLING FOR A BOND REFERENDUM OF THE QUALIFIED VOTERS IN THE CITY OF DELRAY BEACH TO BE HELD JANUARY 20, 2004, AS TO WHETHER GENERAL OBLIGATION BONDS FOR SUCH PROJECTS SHOULD BE ISSUED; AND PROVIDING AN EFFECTIVE DATE" (the "Referendum Resolution"), and the qualified electors of the City of Delray Beach, Florida (the "City"), did, at an election held on January 20, 2004 (the "Referendum"), authorize by majority vote the issuance of $24,000,000 general obligation bonds to finance the cost of the acquisition and construction of the projects described above in the respective principal amounts set forth in the Referendum Resolution and as described below (the "Projects"). WHEREAS, the Commission hereby determines it to be in the best financial and economic interest of the City to issue its City of Delray Beach, Florida, General Obligation Bonds, Series 2004 (Recreational and Cultural Projects) (the "Bonds"), in the initial aggregate principal amount of not exceeding $24,000,000 to finance the acquisition and construction of the Projects in the manner provided herein; and WHEREAS, effective July 3, 1995, Rule 15c2-12 (the "Rule") of the Securities and Exchange Commission ("SEC"), provides that it is unlawful for a broker dealer or municipal securities dealer to purchase or sell municipal securities, which includes the Bonds, unless the issuer, which includes the City, has undertaken in a written agreement (herein, the "Undertaking") to provide to specified information repositories annual financial information and WPB-FSIkS05506v09\16787.011300 2 Resolution No. 61-04 operating data relevant to the municipal securities and notice of certain specified material events; and WHEREAS, the Commission hereby determines to provide its Undertaking with respect to the Bonds in this Resolution; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA: SECTION 1. DEFINITIONS. That, in addition to the terms defined above, as used in this Resolution, the following terms shall have the following meanings unless the text otherwise expressly requires: "Act" shall mean the Florida Constitution, Chapter 166, Florida Statutes, as amended and supplemented, the City Charter of Delray Beach, as amended and supplemented, and other applicable provisions of law. "Beneficial Owner" shall mean, except with respect to any secondary market disclosure requirements relating to the Bonds as described in Section 14 herein, during any period the Bonds are registered under the Book-Entry System, any purchaser of a Bond and others who acquire a beneficial ownership interest in a Bond held by the Securities Depository. In determining the Beneficial Owner of any Bond, the City, the Paying Agent and the Registrar may rely exclusively upon written representations made, and information given to the City, the Paying Agent or the Registrar by the Securities Depository or its Participants with respect to any Bond held by the Securities Depository in which a beneficial ownership interest is claimed. With respect to Replacement Bonds, the City, the Paying Agent and the Registrar shall consider the owner of any such Replacement Bond as registered on the registration books of the City maintained by the Registrar to be the Beneficial Owner thereof. w~B-~st~0ss06~o0u6787.m t30o 3 Resolution No. 61-04 "Bond Insurance Policy" shall mean an insurance policy issued for the benefit of the Holders of any Bonds, pursuant to which the Bond Insurer shall be obligated to pay when due the principal of and interest on such Bonds to the extent of any deficiency in the amounts in the funds and accounts held under this Resolution, in the manner and in accordance with the terms provided in such Bond Insurance Policy. "Bond Insurer" shall mean the issuer of a Bond Insurance Policy and its Successors. "Bondholder" or "Holder of Bonds" or "Owner" or any similar term, shall mean any person who shall be the registered owner of any Bond or Bonds Outstanding under the terms of this Resolution. "Bonds" shall mean the not exceeding in initial aggregate principal amount $24,000,000 General Obligation Bonds, Series 2004 (Recreational and Cultural Projects), authorized to be issued pursuant to this Resolution. "Book-Entry System" shall mean the system under which the City may issue the Bonds and maintain the registration for such Bonds in book-entry form only. "Code" shall mean the Internal Revenue Code of 1986, as amended, and all subsequent tax legislation duly enacted by the Congress of the United States. Each reference to a section of the Code herein shall be deemed to include, if applicable, final, temporary or proposed regulations, revenue rulings and proclamations issued or amended with respect thereto, and any final, temporary or proposed regulations and revenue rulings and procedures promulgated under the Internal Revenue Code of 1954, as amended, by the Treasury Department or Internal Revenue Service of the United States. WPB-FSBS05506v09\I6787.011300 4 Resolution No. 61-04 "Defeasance Obligations" shall mean to the extent permitted by law and the Bond Insurer: (a) U.S. Obligations; (b) Any bonds or other obligations of any state of the United States of America or of any agency, instrumentality or local governmental unit of any such state (i) which are not callable prior to maturity or as to which irrevocable instructions have been given to the trustee of such bonds or other obligations by the obligor to give due notice of redemption and to call such bonds for redemption on the date or dates specified in such instructions, (ii) which are secured as to principal and interest and redemption premium, if any, by a fund consisting only of cash or bonds or other obligations of the character described in clause (a) hereof which fund may be applied only to the payment of such principal of and interest and redemption premium, if any, on such bonds or other obligations on the maturity date or dates thereof or the redemption date or dates specified in the irrevocable instructions referred to in subelanse (i) of this clause (b), as appropriate, and (iii) as to which the principal of and interest on the bonds and obligations of the character described in clause (a) hereof which have been deposited in such fund along with any cash on deposit in such fund are sufficient to pay principal of and interest and redemption premium, if any, on the bonds or other obligations described in this clause (b) on the maturity date or dates thereof or on the redemption date or dates specified in the irrevocable instructions referred to in subclause (i) of this clause (b), as appropriate; (c) Evidences of indebtedness issued by the Federal Home Loan Banks, Federal Home Loan Mortgage Corporation (including participation certificates), Federal Financing Banks, or any other agency or instrumentality of the United States of America created WPB-FSBS05506v09\16787.011300 5 Resolution No. 61-04 by an act of Congress provided that the obligations of such agency or instrumentality are unconditionally guaranteed by the United States of America or any other agency or instrumentality of the United States of America or of any corporation wholly-owned by the United States of America; and (d) Evidences of ownership of proportionate interests in future interest and principal payments on obligations described in (a) held by a bank or trust company as custodian. "NRMSIR" shall mean any Nationally Recognized Municipal Securities Information Repository for purposes of the Rule. A list of the names and addresses of each of the current NRMSIR may be obtained by calling the United States Securities and Exchange Commission's Fax on Demand Service from a fax machine phone line at (202) 942-8088 and requesting document numbers 0206 and 0207, respectively, or by visiting its website at http://www.sec, gov/info/municipal/nrmsir.htm. "Outstanding" shall mean, when used with reference to the Bonds, as of any particular date, all Bonds theretofore, or thereupon being, authenticated and delivered by the Registrar under this Resolution, except (i) Bonds theretofore or thereupon cancelled by the Registrar or surrendered to the Registrar for cancellation; (ii) Bonds with respect to which all liability of the City shall have been discharged in accordance with Section 13.D of this Resolution; (iii) Bonds in lieu of or in substitution for which other Bonds shall have been authenticated and delivered by the Registrar pursuant to any provision of this Resolution; (iv) Bonds cancelled after purchase in the open market or because of payment at, or redemption prior to maturity; and (v) Bonds held by the City. WPB-FSl~505506v09\I6787.011300 6 Resolution No. 61-04 "Participants" shall mean brokers, dealers, banks and other financial institutions and other persons for whom, from time to time, the Securities Depository effects book-entry transfers and pledges of securities deposited with the Securities Depository. "Paying Agent" shall mean the Finance Director of the City or his designee or such bank or trust company and any successor bank or trust company appointed by the City to act as Paying Agent hereunder. "Permitted Investments" shall mean (i) U. S. Obligations, and (ii) all other investments permitted under the laws of Florida and acceptable to the Bond Insurer, if any. "Registrar" shall mean the Finance Director of the City or his designee or such bank or trust company and any successor bank or trust company appointed by the City to act as Registrar hereunder. "Replacement Bonds" shall mean certificated Bonds authenticated and delivered pursuant to Section 15 of this Resolution, when the City discontinues the Book-Entry System. "Securities Depository" shall mean, with respect to the Bonds to be issued in book entry form, The Depository Trust Company and its successors and assigns, or a successor clearing agency designated pursuant to Section 15 hereof and its successors and assigns. "Tax Certificate" shall mean the Arbitrage Certificate executed by the City on the date of initial issuance and delivery of the Bonds, as such Tax Certificate may be amended from time to time, a source of guidance for achieving compliance with the Code. "U. S. Obligations" shall mean the direct obligations of, or obligations the timely payment of principal of and interest on which are unconditionally guaranteed by, the United States of America, and, if determined by subsequent proceedings of the Commission, certificates WPB-FSB505506v09\I6787.011300 7 Resolution No. 61-04 which evidence ownership of the right to the payment of the principal of, or interest on, such obligations. Words of the masculine gender shall be deemed and construed to include correlative words of the feminine and neuter genders. Words importing the singular number shall include the plural number and vice versa unless the context shall otherwise indicate. The word "person" shall include corporations; associations, natural persons and public bodies unless the context shall otherwise indicate. Reference to a person other than a natural person shall include its successors. SECTION 2. FINDINGS. A. That it is necessary, advantageous, desirable and in the best interests of the City and its residents that the Bonds be issued to finance the acquisition and construction of the Projects in the respective principal amounts authorized under the Referendum Resolution. B. That the Bonds may be issued either all at one time or in part from time to time as the Commission may in its discretion hereafter determine by subsequent resolution. SECTION3. AUTHORITY OF THIS RESOLUTION. This Resolution is adopted pursuant to the Act. SECTION 4. RESOLUTION CONSTITUTES CONTRACT. In consideration of the acceptance of the Bonds, authorized to be issued hereunder by those who shall hold the same from time to time, the Resolution shall be deemed to be and shall constitute a contract between the City and such Bondholders, and the covenants and agreements herein set forth to be performed by the City shall be for the equal benefit, protection and security oftbe Holders of any and all of such Bonds, all of which shall be of equal rank and without preference, priority, or WPB-FSlX505506v09\I6787.011300 8 Resolution No. 61-04 distinction of any of the Bonds over any other thereof except as expressly provided therein and herein. SECTION 5. AUTHORIZATION AND DESCRIPTION OF BONDS. Subject and pursuant to the provisions of this Resolution, Bonds of the City to be known as "General Obligation Bonds, Series 2004 (Recreational and Cultural Projects)," are hereby authorized to be issued in the initial aggregate principal amount of not exceeding Twenty Four Million Dollars ($24,000,000) for the purpose of financing all or a portion of the costs of acquisition and construction and equipping of the Projects pursuant to the provisions of this Resolution in the principal amounts allocated pursuant to the terms and provisions of the Referendum Resolution and to pay the cost of issuance of the Bonds. The Bonds shall be issued in registered form, shall be in the denomination of $5,000 each, or any integral multiple thereof, and shall be numbered separately and consecutively upward. The Bonds shall be designated "General Obligation Bonds, Series 2004 (Recreational and Cultural Projects)," with such other designation deemed appropriate and determined by subsequent proceeding of the Commission, shall bear interest at not exceeding the maximum rate or rates permitted by law, payable by check or draft made payable to the Holder of Bonds and mailed to the address of such Holder of Bonds as such name and address shall appear on the registration books of the City maintained by the Registrar at the close of business on the fifteenth day of the calendar month preceding each interest payment date (which unless determined otherwise by subsequent proceedings of the Commission, shall be the first day of February and August) or on the date the principal sum of any Bond is paid (herein, the "Record Date"); provided, however, that payment of interest on the Bonds may, at the option of any Holder of Bonds in an aggregate principal amount of at least $1,000,000, be transmitted by wire transfer to the designated account number of such Holder of any Bonds within the WPB-FS 1~505506v09\16787.011300 9 Resolution No. 61-04 continental United States on file with the Paying Agent as of the Record Date. The Bonds may be issued as either serial Bonds or term Bonds or any combination thereof. The Bonds authenticated prior to the first interest payment date shall be dated and bear interest from the date determined by subsequent proceedings of the Commission. Bonds authenticated on or subsequent to the first interest payment date shall be dated as of the date of their registration and shall bear interest as of the interest payment date immediately preceding the date of registration, unless such date of registration shall be an interest payment date, in which case, such Bonds shall bear interest from such date of registration, or if registered during the period from a Record Date preceding an interest payment date to such interest payment date, then from such interest payment date if interest is then paid, as the case may be; provided, however, that if and to the extent there is a default in the payment of the interest due on such interest payment date, such defaulted interest shall be paid to the persons in whose name Bonds are registered on the registration books of the City maintained by the Registrar at the close of business on the fifteenth day prior to a subsequent interest payment date established by notice mailed by the Registrar to the registered owner not less than the tenth day preceding such subsequent interest payment date, such interest shall be payable semiannually of each year, and shall mature in such years and amounts, all as shall be determined by subsequent proceedings of the Commission. In the event any payment of interest or of interest and principal on the Bonds shall not be paid when due, the amount so in default shall continue to bear interest to the extent permitted by law from the date such payment became due until payment thereof at the rate set forth on the face of each Bond. Such Bonds shall mature in such amounts and at such times not exceeding twenty (20) years from the date of issuance of the Bonds, and shall be payable and registrable at such place or WPB-FSBS05506v09~16787.011300 10 Resolution No. 61-04 places within or out of the State of Florida as shall hereafter be determined by subsequent proceedings of the Commission. SECTION 6. REDEMPTION PROVISIONS. The Bonds may be subject to redemption prior to maturity at such times, at such redemption prices and upon such terms as shall be determined by subsequent proceedings of the Commission. SECTION 7. EXECUTION OF BONDS. That the Bonds shall be executed in the name of the City by the Mayor, and the official seal of the City shall be affixed thereto or lithographed, impressed, imprinted or otherwise reproduced thereon and attested by the City Clerk, or in such manner as may be permitted by law. The signatures of the Mayor or the City Clerk on the Bonds may be manual or facsimile signature. In case any one or more of the officers who shall have signed or sealed any of the Bonds shall cease to be such officer before the Bonds so signed and sealed have been actually sold and delivered, such Bonds may nevertheless be sold and delivered as herein provided and may be issued as if the person who signed or sealed such Bonds had not ceased to hold such office. Any of the Bonds may be signed and sealed on behalf of the City by such person as at the actual time of execution of such Bonds shall hold the proper office, although at the date of such Bonds such person may not have held such office or may not have been so authorized. The Bonds shall bear thereon a certificate of registration and authentication, in the form set forth in Section 10 hereof, executed manually by the Registrar. Only such Bonds as shall bear thereon such certificate of registration and authentication shall be entitled to any right or benefit under this Resolution and no Bond shall be valid or obligatory for any purpose until such certificate of registration and authentication shall have been duly executed by the Registrar. Such certificate of the Registrar upon any Bond executed on behalf of the City shall be conclusive WPB-rsI~505506v09\I6787.011300 l 1 Resolution No. 61-04 evidence that the Bond so authenticated has been duly registered and authenticated and delivered under this Resolution and that the holder thereof is entitled to the benefits of this Resolution. SECTION 8. NEGOTIABILITY, REGISTRATION AND CANCELLATION. Subject to the provisions of Section 15 hereof, at the option of the registered holder of any Bond and upon surrender thereof at the designated corporate trust office of the Registrar, with a written instrument of transfer satisfactory to the Registrar duly executed by the registered holder of a Bond or his duly authorized attorney and upon payment by such holder of any charges which the Registrar or the City may make as provided in this Section, the Bonds may be exchanged for Bonds of the same series and maturity of any other authorized denominations. The Registrar shall keep books for the registration of Bonds and for the registration of transfers of Bonds. The Bonds shall be transferable by the registered holder thereof in person or by his attorney duly authorized in writing only upon the books of the City kept by the Registrar and only upon surrender thereof together with a written instrument of transfer satisfactory to the Registrar duly executed by the registered holder or his duly authorized attorney. Upon the transfer of any such Bond, the City shall issue in the name of the transferee a new Bond or Bonds. The City, the Registrar and the Paying Agent shall deem and treat the person in whose name any Bond shall be registered upon the books kept by the Registrar as the absolute holder of such Bond, whether such Bond shall be overdue or not, for the purpose of receiving payment of, or on account of, the principal of, premium, if any, and interest on such Bond as the same become due and for all other purposes. All such payments so made to any such holder or upon his order shall be valid and effectual to satisfy and discharge the liability upon such Bond to the WPB-FSlXS05506v09\16787.011300 12 Resolution No. 61-04 extent of the sum or sums so paid, and neither the City, the Registrar nor the Paying Agent shall be affected by any notice to the contrary. Subject to the provisions of Section 15 hereof, in all cases in which the privilege of exchanging Bonds or transferring Bonds is exercised, the City shall execute and the Registrar shall authenticate and deliver Bonds in accordance with the provisions of this Resolution. All Bonds surrendered in any such exchanges or transfers shall forthwith be delivered to the Registrar and cancelled by the Registrar in the manner provided in this Section. There shall be no charge for any such exchange or transfer of Bonds, but the City or the Registrar may require the payment of a sum sufficient to pay any tax, fee or other governmental charge required to be paid with respect to such exchange or transfer. Neither the City nor the Registrar shall be required (a) to transfer or exchange Bonds for a period commencing on the Record Date and ending on the next ensuing interest payment date for such Bonds or 15 days next preceding any selection of Bonds to be redeemed or thereafter until after the mailing of any notice of redemption; or (b) to transfer or exchange any Bonds called for redemption. However, if less than all of a Bond is redeemed or defeased, the City shall execute and the Registrar shall authenticate and deliver, upon the surrender of such Bond, without charge to the Bondholder, for the unpaid balance of the principal amount of such Bond so surrendered, a registered Bond in the appropriate denomination. All Bonds paid or redeemed, either at or before maturity shall be delivered to the Registrar when such payment or redemption is made, and such Bonds, together with all Bonds that may be purchased by the City, shall thereupon be promptly cancelled. Bonds so cancelled may at any time be destroyed by the Registrar, who shall execute a certificate of destruction in duplicate by the signature of one of its authorized officers describing the Bonds so destroyed, WPB-FS BS05506v09\16787.011300 1 3 Resolution No. 61-04 and one executed certificate shall be filed with the City and the other executed certificate shall be retained by the Registrar. SECTION 9. BONDS MUTILATED, DESTROYED, STOLEN OR LOST. In case any Bond shall become mutilated, destroyed, stolen or lost, the City may execute and the Registrar shall authenticate and deliver a new Bond of like date, maturity, denomination and interest rate as the Bond so mutilated, destroyed, stolen or lost; provided that, in the case of any mutilated Bond, such mutilated Bond shall first be surrendered to the City and, in the case of any lost, stolen or destroyed Bond, there shall first be furnished to the City and the Registrar evidence of such loss, theft, or destruction satisfactory to the City and the Registrar, together with indemnity satisfactory to them. In the event any such Bond shall be about to mature or have matured or have been called for redemption, instead of issuing a duplicate Bond, the City may pay the same without surrender thereof. The City and the Registrar may charge the holder of such Bond their reasonable fees and expenses in connection with this transaction. Any Bond surrendered for replacement shall be cancelled in the same manner as provided in Section 8 of this Resolution. Any such duplicate Bonds issued pursuant to this Section shall constitute additional contractual obligations on the part of the City, whether or not the lost, stolen or destroyed Bonds be at any time found by anyone, and such duplicate Bonds shall be entitled to equal and proportionate benefits and rights as to lien on and source and security for payment with all other Bonds issued hereunder. SECTION 10. FORM OF BONDS. The text of the Bonds shall be of substantially the following tenor, with such omissions, insertions and variations as may be necessary and desirable: WPB-FSI~505506v09\I6787.011300 14 Resolution No. 61-04 WPB-FSILS05S06v09\I6787.011300 15 Resolution No. 61-04 (Face of Bond) No. $ ,000 UNITED STATES OF AMERICA STATE OF FLORIDA PALM BEACH COUNTY CITY OF DELRAY BEACH GENERAL OBLIGATION BOND SERIES 2004 (Recreational and Cultural Projects) Interest Rate Maturity Date Dated Date CUSIP Registered Owner: Principal Amount: KNOW ALL MEN BY THESE PRESENTS, that City of Delray Beach, Florida, a municipal corporation created and existing under and by virtue of the laws of the State of Florida (the "City"), hereby acknowledges itself to be indebted, and for value received, hereby promises to pay the Registered Owner or registered assigns on the Maturity Date specified above, from the sources hereinafter mentioned, upon the presentation and surrender hereof at the designated corporate trust office of as paying agent (said and any other bank or trust company becoming successor paying agent being herein called the "Paying Agent"), the Principal Amount stated above together with interest thereon at the Interest Rate payable on the first day of and of each year commencing Interest on this Bond (except for Holders of at least $1,000,000 in aggregate principal amount of bonds, who may receive payment of interest by WPB-FSB505506v09\I6787.011300 16 Resolution No. 61-04 wire transfer in the manner provided in the herein referred to Resolution) is payable by check or draft of the Paying Agent made payable to the Registered Owner and mailed to the address of the Registered Owner as such name and address shall appear on the registration books of the City initially maintained by , as registrar (said and any other bank or trust company becoming successor registrar being herein called the "Registrar") at the close of business on the fifteenth day of the calendar month preceding each interest payment date or the date on which the principal of a Bond is to paid (the "Record Date"); provided, however, that if and to the extent there is a default in the payment of the interest due on such interest payment date, such defaulted interest shall be paid to the persons in whose name Bonds are registered on the registration books of the City maintained by the Registrar at the close of business on the fifteenth day prior to a subsequent interest payment date established by notice mailed by the Registrar to the registered owner not less than the tenth day preceding such subsequent interest payment date. Such, interest shall be payable from the most recent interest payment date next preceding the date of registration to which interest has been paid, unless the date of registration is an 1 or 1 to which interest has been paid, in which case from the date of registration, or unless the date of registration is prior to · 200_, in which case from ,200_, or unless the date of registration is between a Record Date and the next succeeding interest payment date, in which case from such interest payment date. The Principal Amount and accrued interest thereon is payable in any coin or currency of the United States of America, which, on the date of payment thereof, shall be legal tender for the payment of public and private debts. This bond is one of an issue of bonds in the aggregate principal amount of not exceeding $ , of like date, tenor and amount, except as to the number, date of maturity and w~B-~stxs055oa,~09xtaTaT.m t300 17 Resolution No. 61-04 interest rate, issued by the City, for the purpose of financing the costs of all or a portion of certain recreational and cultural projects within the City under the authority of and in full compliance with the Constitution and statutes of the State of Florida, including Chapter 166, Florida Statutes, as amended and supplemented, the City Charter of Delray Beach, as amended and supplemented, and other applicable provisions of law and pursuant to a resolution (the "Resolution") duly adopted by the City Commission of Delray Beach, Florida, authorizing the issuance of the bonds. It is hereby certified and recited that all acts, conditions and things required to exist, to happen and to be performed precedent to and in the issuance of this bond, exist, have happened and have been performed in regular and due form and time as required by the laws and Constitution of the State of Florida applicable thereto, and that the issuance of this bond and of the bonds of the issue of which this bond is one does not violate any constitutional or statutory debt limitation or provision; that due provision has been made for the levy and collection of a direct annual tax in addition to all other taxes, upon all the taxable property within the City sufficient to pay the principal of and interest on said bonds as the same shall mature and become due, and that the full faith and credit of Delmy Beach, Florida, are hereby irrevocably pledged for the punctual payment of the principal of and interest on this bond, as the same shall become due and payable. WPB-FSBS05506v09\I6787.011300 18 Resolution No. 61-04 IN WITNESS WHEREOF, Delray Beach, a municipal corporation of the State of Florida, has caused this bond to be signed by its Mayor either manually or with his facsimile signature, and the seal of said City or a facsimile thereof, to be affixed hereto, or lithographed, impressed, imprinted or otherwise reproduced hereon, attested by the City Clerk of said City~ either manually or with her facsimile signature, all as of the Dated Date. (SEAL) CITY OF DELRAY BEACH, FLORIDA Mayor ATTEST: City Clerk WPB-FSI~505506v09~16787.011300 19 Resolution No. 61-04 (FORM OF CERTIFICATE OF REGISTRATION AND AUTHENTICATION) This bond is one of the bonds delivered pursuant to the within mentioned Resolution of the City Commission of Delray Beach, Florida. Date of Authentication: as Registrar By: Authorized Officer WPB-FSBS05506v09\I6787.011300 20 Resolution No. 61-04 (Back of Bond) (Insert Applicable Redemption Provisions) The original registered owner, and each successive registered owner of this bond shall be conclusively deemed to have agreed and consented to the following terms and conditions: (1) The Registrar shall keep books for the registration of bonds and for the registration of transfers of bonds as provided in the Resolution. The bonds shall be transferable by the registered owner thereof in person or by his attorney duly authorized in writing only upon the books of the City kept by the Registrar and only upon surrender hereof together with a written instrument of transfer satisfactory to the Registrar duly executed by the registered owner or his duly authorized attorney. Upon the transfer of any such bond, the City shall issue in the name of the transferee a new bond or bonds. (2) The City, the Paying Agent and the Registrar shall deem and treat the person in whose name any bond shall be registered upon the books kept by the Registrar as the absolute owner of such bond, whether such bond shall be overdue or not, for the purpose of receiving payment of, or on account of, the principal of and interest on such bond as the same becomes due, and for all other purposes. All such payments so made to any such registered owner or upon his order shall be valid and effectual to satisfy and discharge the liability upon such bond to the extent of the sum or sums so paid, and neither the City, the Paying Agent, nor the Registrar shall be affected by any notice to the contrary. (3) At the option of the registered owner thereof and upon surrender hereof at the designated corporate trust office of the Registrar with a written instrument of transfer satisfactory to the Registrar duly executed by the registered owner or his duly authorized attorney and upon payment by such registered owner of any charges which the Registrar or the City may make as WPB-FSB505506v09~I6787.011300 21 Resolution No. 61-04 provided in the Resolution, the bonds may be exchanged for bonds of the same series and maturity of any other authorized denominations. (4) In all cases in which the privilege of exchanging bonds or transferring bonds is exercised, the City shall execute and the Registrar shall authenticate and deliver bonds in accordance with the provisions of the Resolution. There shall be no charge for any such exchange or transfer of bonds, but the City or the Registrar may require payment of a sum sufficient to pay any tax, fee or other governmental charge required to be paid with respect to such exchange or transfer. Neither the City nor the Registrar shall be required (a) to transfer or exchange bonds for a period commencing on a Record Date and ending on the next ensuing interest payment date for such bonds or 15 days next preceding any selection of bonds to be redeemed or thereafter until after the mailing of any notice of redemption; or (b) to transfer or exchange any bonds called for redemption. However, if less than all of a Bond is redeemed or defeased, the City shall execute and the Registrar shall authenticate and deliver, upon the surrender of such Bond, without charge to the Bondholder, for the unpaid balance of the principal amount of such Bond so surrendered, a registered Bond in the appropriate denomination. This Bond shall not be valid or become obligatory for any purpose or be entitled to any security or benefit under the Resolution until the certificate of registration and authentication hereon shall have been signed by an authorized officer of the Registrar. WPB-FSi~505506v09\16787.011300 22 Resolution No. 61-04 ASSIGNMENT AND TRANSFER FOR VALUE RECEIVED the undersigned sells, assigns and transfers unto (please print or typewrite name and address of transferee) the within bond and all rights thereunder, and hereby irrevocably constitutes and appoints Attorney to transfer the within' bond on the books kept for registration thereof, with full power of substitution in the premises. Dated: In the presence of: [STATEMENT OF INSURANCE, IF ANY] WPB-FSB505506v09\I6787.011300 23 Resolution No. 61-04 SECTION 11. APPLICATION OF BOND PROCEEDS. The accrued interest derived from the sale of the Bonds, if any, shall be deposited in the Interest Account, hereinafter created and established and used for the purpose of paying the interest on the Bonds as the same becomes due and payable. The remaining proceeds of such sale shall be deposited in the Capital Projects Fund hereby created and established and used for the purpose of financing all or a portion of the costs of the Projects including all costs and expenses relating and incidental thereto and all costs and expenses as may be necessary or incidental and incurred by the City in connection with the issuance of the Bonds. There is also hereby created and established a Costs of Issuance Account within the Capital Projects Fund which will be held by the City and funded with a portion of the moneys on deposit in the Capital Projects Fund in the amount determined by the City's Finance Director. Moneys on deposit in the Cost of Issuance Account shall be used to pay any legal expenses, expenses for fiscal agents or financial services, and such other expenses as may be necessary or incidental and incurred by the City in connection with the issuance of the Bonds. During the period the moneys on deposit in the Capital Projects Fund have not been applied as contemplated above, any earnings from moneys held in the Capital Projects Fund invested pursuant to the requirements of this Resolution shall be retained in the Capital Projects Fund. Amounts on deposit in the Capital Projects Fund shall be invested by the City in Permitted Investments maturing not later than the dates such moneys will be needed for its intended purpose. Each of the Projects shall consist of various components (herein referred to as a "Component" or "Components'). The Components comprising each of the Projects, with the WPB-FSBS05506v09\16787.011300 24 Resolution No. 6 1-04 estimated costs for each are more fully described in an exhibit attached to the Referendum Resolution and by this reference incorporated herein. Notwithstanding the principal amounts assigned to each Component, the actual cost of a particular Component may be greater or less than the estimated cost allocated to such Component. If the actual cost of a Component is greater than the amount allocated to the Referendum Resolution, the City may provide for such deficiency from other available funds or from surplus funds that had been allocated to another Component of the same Project. If the actual Cost of a Component is less than that allocated in the Referendum Resolution, the City may use such surplus for other Components of the same Project If, after application of the foregoing, there remain insufficient funds to complete a Component due to unforeseen cost escalations or failure to receive anticipated governmental grants or private contributions, or other unexpected circumstances, the City may delete a part of such Component or modify such Component so that such Component may be completed. The City will not delete any Component to generate surplus moneys for other Components, nor will it expend Bond proceeds in excess of the amounts allocated to each of the Projects set forth in the exhibit attached to the Referendum Resolution. Upon certification in writing by the City Manager that the Projects have been completed, any money remaining in the Capital Projects Fund, in the discretion of the City, may be used in any manner which, in the opinion of Bond Counsel to the City, will not adversely affect the exclusion of interest on the Bonds from gross income for federal income tax purposes. If not otherwise used or said opinion is not delivered, said money remaining in the Capital Projects Fund shall be deposited into the Principal Account and Interest Account in the Sinking Fund and used solely for purposes thereof. WPB-FSBS05506v09\I6787.011300 25 Resolution No. 61-04 The proceeds of the sale of the Bonds shall be and constitute trust funds for the purposes hereinabove provided and there is hereby created a lien upon such moneys, until so applied, in favor of the Holders of said Bonds. SECTION 12. SECURITY FOR TIlE BONDS. That in each year while any of the Bonds are outstanding and unpaid, there shall be levied and collected a tax on all the taxable property within the City sufficient in an amount to pay the interest on the Bonds as it becomes due, and to provide for the payment of the principal of said Bonds at their maturity or earlier redemption, and the City is, and shall be irrevocably and unconditionally obligated to levy and collect such ad valorem taxes without limitation as to rate or amount on all the taxable property within the City, sufficient in amount to pay all principal of and interest on said Bonds, as the same shall become due. SECTION 13. COVENANTS OF TFIE CITY. As long as any of the principal of or interest on any of the Bonds shall be Outstanding and unpaid, or until there shall have been set apart in the Sinking Fund, consisting of the Interest Account and Principal Account, herein created and established, a sum sufficient to pay, when due, the entire principal of the Bonds remaining unpaid, together with interest accrued and to accrue thereon, or until the provisions of Section 13.D of this Resolution have been complied with, the City covenants with the Holders of any and all of the Bonds issued pursuant to the Resolution as follows: A. TAX COVENANT. 1. The City covenants to comply with each requirement of the Code, and any successor provisions thereto, necessary to maintain the exclusion of the interest on the Bonds from gross income for federal income tax purposes pursuant to Section 103(a) of the WPB-FSB505506v09\16787.011300 26 Resolution No. 61-04 Code. In furtherance of the covenant contained in the preceding sentence, the City agrees to comply with the provisions of the Tax Certificate. 2. The City shall make any and all payments required to be made to the United States Department of the Treasury in connection with the Bonds pursuant to Section 148(I3 of the Code from amounts on deposit in the fund and accounts established under this Resolution and available therefor. 3. Notwithstanding any other provision of this Resolution to the contrary, as long as necessary in order to maintain the exclusion of interest on the Bonds from gross income for federal income tax purposes, the covenants contained in this Section shall survive the payment of the Bonds, including any payment or defeasance thereof pursuant to Section 13.D of this Resolution. B. AD VALOREM TAX. In each year, while any of the Bonds are outstanding and unpaid, the City covenants that there shall be levied and collected a tax on all the taxable property within the City sufficient to pay the interest on the Bonds as it becomes due, and to provide for the payment of the principal of said Bonds and redemption premium, if any, when due and payable, and the City is, and shall be irrevocably and unconditionally obligated to levy and collect such ad valorem taxes without limitation as to rate or amount on all the taxable property within the City, sufficient in amount to pay all principal of and redemption premium, if any, and interest on said Bonds as the same shall become due and payable. C. CREATION AND ESTABLISHMENT OF A SINKING FUND AND VARIOUS ACCOUNTS AND THE DISPOSITION OF MONEYS. There are hereby created and established the following fund and accounts: WPB-FSBS05506v09\16787.011300 27 Resolution No. 61-04 THE "SINKING FUND" All of the moneys raised by the City from the ad valorem taxes on the taxable property within the City for the propose of paying the principal of and redemption premium, if any, and interest on the Bonds herein authorized shall be deposited by the City in a special fund to be known as the "Sinking Fund" which is hereby created and established. The moneys in said Sinking Fund shall be used solely for the payment of the principal of and redemption premium, if any, and interest on said Bonds as the same become due and payable and the registered owners of said Bonds shall have a first lien on all such moneys in the Sinking Fund until paid and applied in the manner permitted in this Resolution. There are also hereby created and established two (2) separate accounts in the Sinking Fund to be known as the "Interest Account" and the "Principal Account." The moneys at any time on deposit in the Sinking Fund disposed of only in the following manner: 1. Moneys shall first be used; to the full extent necessary, for deposit into the Interest Account in the Sinking Fund to pay interest becoming due on the Bonds on the next semiannual interest payment date; provided, however, that deposits for interest shall not be required to be made into the Interest Account to the extent that money on deposit therein is sufficient for such purpose. 2. Moneys shall next be used, to the full extent necessary, for deposit into the Principal Account in the Sinking Fund to provide for the required principal amount maturing and becoming due on the next principal payment date; provided, however, that deposits for principal shall not be required to be made into the Principal Account to the extent that money on deposit therein is sufficient for such purpose. WPB-FSB505506v09\16787.011300 28 Resolution No. 61-04 3. The City shall, to the extent of any moneys in any term Bond subaccount within the Principal Account, be mandatorily obligated to use such moneys for the redemption prior to maturity of term Bonds, if any, in such manner and at such times as shall hereafter be determined by subsequent proceedings of the Commission. 4. The Sinking Fund and the accounts therein shall constitute a trust fund of the City. The amounts required to be accounted for in the Sinking Fund and each of the accounts designated herein, may be deposited in a single bank account maintained by the City provided that adequate accounting procedures are maintained to reflect and control the restricted allocations of the amounts on deposit therein for the various purposes of such fund and accounts as herein provided. The designation and establishment of a fund and accounts in and by this Resolution shall not be construed to require the establishment of any completely independent fund and accounts but rather is intended solely to constitute an allocation of moneys collected by the imposition of ad valorem taxes. 5. Moneys on deposit in the Sinking Fund may be invested in U. S. Obligations or any other Permitted Investments (provided that Permitted Investments other than U. S. Obligations shall be fully collateralized with U.S. Obligations) maturing not later than such date or dates as the City shall determine. 6. All income and earnings received from the investment and reinvestment of moneys on deposit in the Principal Account and Interest Account in the Sinking Fund shall be retained therein and shall be a credit against deposits required by this Resolution. D. DISCHARGE AND SATISFACTION OF BONDS. The covenants, liens and pledges entered into, created or imposed pursuant to this Resolution may be fully discharged and satisfied with respect to the Bonds in any one or more of the following ways: WPB-FSl~505506v09\I6787.011300 29 Resolution No. 61-04 1. by paying the principal of and interest on Bonds when the same shall become due and payable; or 2. by depositing in the Interest Account and Principal Account, or in such other accounts which are irrevocably pledged to the payment of the Bonds, as the City may hereafter create and establish by resolution, certain moneys, which together with other moneys lawfully available therefor, shall be sufficient at the time of such deposit to pay the Bonds, the interest thereon and the redemption premium, if any, as the same become due on said Bonds on the maturity or earlier redemption date thereof; or 3. by depositing in the Interest Account and Principal Account or such other accounts which are irrevocably pledged to the payment of the Bonds as the City may hereafter create and establish by resolution, moneys which together with other moneys lawfully available therefor when invested in Defeasance Obligations will provide moneys which shall be sufficient to pay the Bonds, the interest thereon and the redemption premium, if any, as the same shall become due on said Bonds on or prior to the maturity or earlier redemption date thereof. 4. Notwithstanding the foregoing all references to the discharge and satisfaction of Bonds shall include the discharge and satisfaction of any issue of Bonds, any portion of an issue of Bonds, any maturity or maturities of an issue of Bonds, any portion of a maturity of an issue of Bonds or any combination thereof. 5. If any portion of the moneys deposited for the payment of the principal of and redemption premium, if any, and interest on any portion of Bonds is not required for such purpose, the City may use the amount of such excess free and clear of any tmst, lien, security interest, pledge or assignment securing said Bonds or otherwise existing under this Resolution. WPB-FSI~505506v09\16787.011300 30 Resolution No. 61-04 Upon such payment or deposit in the amount and manner provided in this Section 13.D, the Bonds shall no longer be deemed to be Outstanding for the purposes of the Resolution, and all liability of the City with respect to the Bonds shall cease, terminate and be completely discharged and extinguished, and the Holders thereof shall be entitled for payment solely out of the moneys or securities so deposited. Notwithstanding the foregoing, in the event that the payment or deposit in the amount and manner provided in this Resolution has been made by the Bond Insurer, if any, under the terms of a Bond Insurance Policy, the Bond Insurer shall be subrogated to the rights of the Holders of the Bonds, and the liability of the City, with respect thereto, shall not be discharged or extinguished. Notwithstanding any provisions contained in this Section 13.D to the contrary, the City may, with an opinion of nationally recognized bond counsel, purchase such Bonds that have been deemed discharged and satisfied within the meaning of this Section 13.D and thereby be permitted to use such excess moneys, resulting from such purchase, free and clear of any trust, lien, security interest, pledge or assignment securing said Bonds. SECTION 14. RULE 15c2-12 UNDERTAKING. That in order to assist the initial purchasers of the Bonds with respect to compliance with the Rule, the City undertakes and agrees to provide the information described below to the persons so indicated. The City's Undertaking set forth in this Section 14 shall be for the benefit of the registered owners and beneficial owners (as such term is described below) of the Bonds. A. The City undertakes and agrees to provide to each NRMSIR and to the State of Florida information depository (herein, the "SID") if and when such a SID is created, the City's general purpose financial statements generally consistent with the financial statements WPB-FSlXS05506v09\16787.011300 3 1 Resolution No. 61-04 presented as an appendix to the official statement relating to the Bonds (herein the "Official Statement"). The information referred to above is herein referred to as the "Annual Information." B. The Annual Information described in paragraph A above in audited form (for as long as the City provides such financial information in audited form) is expected to be available on or before March 31 of each year for the Fiscal Year ending on the preceding September 30, commencing March 31, 2005 for the Fiscal Year ending on the preceding September 30, 2004. The Annual Information referred to in paragraph A above in unaudited form (if the audited financial statements are not available or if the City no longer provides such financial information in audited form) will be available on or before March 31 for the Fiscal Year ending on the preceding September 30. The City also agrees to provide the Annual Information to each registered owner and Beneficial Owner of the Bonds who request such information and pays to the City its costs of reproduction and transmission of such Annual Information. The City agrees to provide to each NRMSIR and the SID, if any, timely notice of its failure to provide the Annual Information. Such notice shall also indicate the reason for such failure and when the City reasonably expects such Annual Information will be available. C. The Annual Information referred to in paragraph A above and presented as an appendix to the Official Statement has been prepared in accordance with governmental accounting standards promulgated by the Government Accounting Standards Board, as in effect from time to time, as such principles are modified by generally accepted accounting principles, promulgated by the Financial Accounting Standards Board, as in effect from time to time, and such other State mandated accounting principles as in effect from time to time. WPB-FSnS05506v09\I6787.011300 32 Resolution No. 61-04 D. If, as authorized by paragraph F below, the City's Undertaking with respect to paragraph C above requires amending, the City undertakes and agrees that the Annual Information described in paragraph A above for the Fiscal Year in which the amendment is made will, to the extent possible, present a comparison between the Annual Information prepared on the basis of the new accounting principles and the Annual Information prepared on the basis of the accounting principles described in paragraph C above. The City agrees that such a comparison will, to the extent possible, include a qualitative discussion of the differences in the accounting principles and the impact of the change on the presentation of the Annual Information. E. The City undertakes and agrees to provide, in a timely manner, to each NRMSIR or to the Municipal Securities Rulemaking Board and to the SID, if any, notice of the occurrence of any of the following events with respect to the Bonds, if material: 1. principal and interest payment delinquencies; 2. non-payment related defaults; 3. unscheduled draws on any reserve account reflecting financial difficulties; 4. unscheduled draws on credit enhancements reflecting financial difficulties; 5. substitution of credit or liquidity providers, or their failure to perform; 6. adverse tax opinions or events affecting the tax-exempt status of the Bonds; 7. modifications to rights of Bondholders; WPB-rsBS05506v09\I6787.011300 33 Resolution No. 61-04 8. Bond calls (other than scheduled mandatory sinking fund redemptions); 9. defeasance of the Bonds; 10. release, substitution, or sale of property securing repayment of the Bonds; 1 1. rating changes; and 12. any failure to comply with the provisions of this Section 14, which in all cases, such failure will be deemed material. Notwithstanding the foregoing, notice of the events described in clauses (8) and (9) above need not be given any earlier than the time notice is required to be given to the registered owners of the Bonds. F. Notwithstanding any other provision of this Resolution to the contrary regarding amendments or supplements, the City undertakes and agrees to amend and/or supplement this Section 14 (including the amendments referred to in paragraph D above) only if: 1. The amendment or supplement is made only in connection with a change in circumstances existing at the time the Bonds were originally issued that arises from (i) a change in law, (ii) SEC pronouncements or interpretations, (iii) a judicial decision affecting the Rule or (iv) a change in the nature of the City's financial condition. 2. The City's Undertaking, as amended, would have complied with the requirements of the Rule at the time the Bonds were originally WPB-FSIkS05506v09\I6787.011300 34 Resolution No. 61-04 issued after taking into account any amendments or interpretations of the Rule, as well as any change in circumstances; and 3. The amendment or supplement does not materially impair the interests of the registered owners and Beneficial Owners of the Bonds as determined by Bond Counsel or by a majority of the registered owners of the Bonds. In the event of an amendment or supplement under this Section 14, the City shall describe the same in the next report of Annual Information and shall include, as applicable, a narrative explanation of the reason for the amendment or supplement and its impact, if any, on the financial information and operating data being presented in the Annual Information. G. The City's Undertaking as set forth in this Section 14 shall terminate if and when the Bonds are paid or deemed paid within the meaning of this Resolution. H. The City acknowledges that its Undertaking pursuant to the Rule set forth in this Section 14 is intended to be for the benefit of the registered holders and Beneficial Owners of the Bonds and shall be enforceable by such holders and Beneficial Owners; provided that, the holder's and Beneficial Owners' fight to enforce the provisions of this Undertaking shall be limited to a right to obtain specific enforcement of the City's obligations hereunder, and any failure by the City to comply with the provisions of this Undertaking shall not be or constitute a covenant or monetary default with respect to the Bonds under this Resolution. For purposes of this Section 14 only, Beneficial Owner shall mean any person which (i) has the power, directly or indirectly, to vote or consent with respect to, or to dispose of ownership of, any Bonds (including persons holding Bonds through nominees, depositories or other intermediaries) or (ii) is treated as the owner of any Bonds for federal income tax purposes. WPB-FSIXS05506v09\I6787.011300 35 Resolution No. 61-04 I. The City reserves the right to satisfy its obligations under this Section 14 through agents; and the City may appoint such agents without the necessity of amending this Resolution. The City may also appoint one or more employees of the City to monitor and be responsible for the City's Undertaking hereunder. SECTION 15. BOOK-ENTRY SYSTEM A. As long as the Bonds are registered under the Book-Entry System, the City and the Registrar, as the case may be, shall comply with the terms of the agreements with the Securities Depository (collectively, the "Book-Entry Agreement"). However, the Book-Entry System through the Securities Depository may be terminated upon the happening of any of the following: 1. The Securities Depository or the City, based upon advice from the Securities Depository, advise the Registrar that the Securities Depository is no longer willing or able to properly discharge its responsibilities under the Book-Entry Agreement and the Registrar and the City are unable to locate a qualified successor clearing agency satisfactory to the Registrar and the City; or 2. The City, in accordance with the procedures and requirements of the Securities Depository, elects to terminate the Book-Entry System by notice to the Securities Depository and the Registrar. B. Upon the occurrence of any event described above, (i) the City and the Registrar shall, if necessary, enter into a resolution supplemental to this Resolution to add to the provisions of this Resolution any provisions deemed reasonably necessary or required by the Registrar with respect to Replacement Bonds (including, but not limited to, the provision for the WPB~FSB505506v09\I6787.011300 36 Resolution No. 61-04 cost and expenses for the printing thereof) and to account for the fact that, thereafter, the Bonds will no longer be registered under the Book-Entry System, and (ii) the Registrar shall notify the Securities Depository of the occurrence of such event and of the availability of definitive or temporary Replacement Bonds to Beneficial Owners requesting the same, in an aggregate Outstanding amount representing the interest of each such Beneficial Owner, making such adjustments and allowances as it may find necessary or appropriate as to accrued interest and previous payments of principal. Definitive Replacement Bonds shall be issued only upon surrender to the Registrar of the Bond of each maturity by the Securities Depository, accompanied by registration instructions for the definitive Replacement Bonds for such maturity from the Securities Depository. Neither the City nor the Registrar shall be liable for any delay in delivery of such instructions and conclusively may rely on, and shall be protected in relying on, such instructions. C. Whenever the Bonds are registered under the Book-Entry System and notice or other communication to the Bondholders is required under this Resolution, unless and until definitive Replacement Bonds shall have been issued with respect to the Bonds, the City or the Registrar, as the case may be, shall give to the Securities Depository one copy of each such notice and communication specified herein or required by this Resolution to be given to the Beneficial Owners of the Bonds. SECTION16. MODIFICATION OR AMENDMENT. Except as otherwise provided in the second paragraph hereof, no material modification or amendment of this Resolution, or of any resolution amendatory thereof or supplemental thereto, may be made without the written consent of the Bond Insurer and the consent in writing of the Holders of two- thirds or more in principal amount of the Bonds then Outstanding; provided, however, that no WPB-FSI~505506v09\I6787.011300 37 Resolution No. 61-04 modification or amendment shall permit a change in the maturity of such Bonds or a reduction in the rate of interest thereon, or affecting the unconditional promise of the City to levy, assess and collect an ad valorem tax without limitation as to rate or amount upon all taxable property in the City or to pay the interest of and principal on the Bonds, as the same mature or become due, from said ad valorem tax, or reduce the percentage of Holders of Bonds required above for such modification or amendments, without the consent of the Holders of all the Bonds. This Resolution may be amended, changed, modified and altered without the consent of the Holders of Bonds, but with written notice to the Bond Insurer, (i) to cure any ambiguity, correct or supplement any provision contained herein which may be defective or inconsistent with any other provisions contained herein, (ii) to implement a book-entry system of registration, (iii) to provide other changes which will not adversely affect the interest of such Holders of Bonds, or (iv) to amended the Undertaking pursuant to Section 14 hereof. Copies of all amendments, modifications or changes to this Resolution shall be provided to Standard & Poor's. For purposes of this Section 16, to the extent the Bonds are insured by a Bond Insurance Policy and such Bonds are then rated in as high a rating category in which such Bonds were rated at the time of initial issuance and delivery thereof, by both Standard & Poor's and Moody's Investors Service, Inc., then the consent of the Bond Insurer may constitute the consent of the Holders of the Bonds, provided such Bond Insurer agrees to give consent under such cimumstances and is not in default under the Bond Insurance Policy. SECTION 17. SEVERABILITY OF INVALID PROVISIONS. If any one or mom of the covenants, agreements or provisions of this Resolution should be held contrary to any express provision of law or contrary to the policy of express law, though not expressly WPB-FSIXS05506v09\I6787.011300 38 Resolution No. 61-04 prohibited, or against public policy, or shall for any reason whatsoever be held invalid, then such covenants, agreements or provisions shall be null and void and shall be deemed separate from the remaining covenants, agreements or provisions, and shall in no way affect the validity of any of the other provisions of the Resolution or of the Bonds or coupons issued hereunder. SECTION 18. SALE OF BONDS. The Bonds shall be issued and sold at one time or from time to time, in such manner and at such price or prices consistent with the provisions of the Act and the requirements of the Commission as shall hereafter be determined by subsequent proceedings. SECTION 19. BOND ANTICIPATION NOTES. The City may, if it determines it to be in its best financial interest, issue its bond anticipation notes in order to temporarily finance the cost of the Projects. The City shall by proper proceedings authorize the issuance and establish the details of such bond anticipation notes pursuant to the provisions of Section 215.431, Florida Statutes, as amended. In connection with such bond anticipation notes, the City is hereby authorized to enter into line of credit agreements, loan agreements or similar arrangements (collectively referred to as "Financing Agreement") with banks or similar financial institutions for the purpose of financing the costs of the Projects. The City is authorized to issue one or more bond anticipation notes to such banks or financial institutions to evidence its obligation to repay loans made under such Financing Agreements. SECTION 20. PRELIMINARY OFFICIAL STATEMENT AND NOTICE OF SALE. The City is hereby authorized to distribute (both in paper form or electronically) a preliminary official statement relating to marketing of the Bonds and publish a notice of sale as required under applicable law. Such distribution and publication may be accomplished using the world-wide web. The Mayor, the Vice Mayor, the City Manager, the Finance Director or the WPB-FSD505506v09\16787.011300 39 Resolution No. 61-04 Treasurer are each authorized to deem the preliminary official statement relating to the Bonds "final" within the meaning of Rule 15c2-12 of the Securities Exchange Act of 1934. SECTION 21. REMEDIES. Any Bondholder, to the full extent permitted by the laws of the State of Florida or the United States of America, may sue to protect and enforce any and all legal rights; to seek the appointment of a receiver, and to enforce and compel the performance of all duties required by this Resolution. SECTION 22. EFFECTIVE DATE. This Resolution shall take effect upon the passage in the manner provided by law. Passed and adopted in regular session this 7th day of September, 2004. CITY OF DELRAY BEACH, FLORIDA (SEAL) By: ATTEST: City Clerk The foregoing Resolution and bond form is hereby approved by me as to form, language and execution, this 7th day of September, 2004. By: City Attorney WPB-FSI\505506v09\I6787.011300 40 Resolution No. 61-04 AGENDA ITEM NUMBER: AGENDA REQUEST Date: September 1,2004 Request to be placed on: Consent Agenda __ Special Agenda __ Workshop Agenda When: September 7, 2004 Description of agenda Item: Approve Resolution #61-04 and ~62-04 authorizing the compe- tire sale of General Obligation Bonds not to exceed $14,000,000, providing for the allocation of proceeds consistent with Resolution# 72-03 (relative to the January 2004 bond referendum), and providing for other matters deemed necessary and proper in connection with the bonds. ORDINANCE/RESOLUTION REQUIRED: YES NO Draft of Resolution Attached: X YES NO Recommendation: Recommend approval of the above. Department Head Signature: Determination of Consistency with Comprehensive Plan: City Attorney Review/Recommendation (if applicable): Budget Director Review (required on all items Involving expenditure of funds): Funding available: Yes No Funding alternatives (if applicable): n/a Account Number: Account Description: Account Balance: City Manager Review: Approved for Agenda: ~ ~ No Hold Until: . Agenda Coordinator Review: Received: Action: Approved: Disapproved: P.O. # MEMORANDUM To: David T. Harden, City Manager Frem,,,;~ Rebecca S. O'Connor, Treasurer Thru: (~ Joseph M. Safford, Director of Finance Subject: Proposed $14,000,000 General Obligation Bonds Date: September 1, 2004 We have attached for Commission approval Resolution# 61-04 and 62-04 relative to the issuance of proposed General Obligation Bonds. A brief description of each resolution is as follows: Resolution# 61-04 authorizes the issuance of General Obligation Bonds not to exceed $14,000,000; providing for the allocation of proceeds consistent with Resolution #72-03 (authorizing certain projects and calling for a referendum), and providing for other matters deemed necessary and proper in connection with the issuance of the bonds. Resolution #62-04 authorizes the competitive sale of General Obligation Bonds not to exceed $24,000,000; establishes the maturity schedule, authorizes the Finance Director to publish a summary notice of sale and to receive bids pursuant to the responsive bidder offering the lowest true interest cost which shall not exceed 6%, appointing a paying agent and bond registrar, approving the form of a summary notice of sale, an official notice of bond sale and bid form, providing for a bond insurance policy, and authorizing the proper officers to do all other things necessary to effectuate the sale. The Finance Department recommends approval of this resolution. c: R.S. O'Connor, Treasurer File: commiss04res.doc RESOLUTION NO. 62-04 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING THE COMPETITIVE SALE OF CITY OF DELRAY BEACH, FLORIDA, GENERAL OBLIGATION BONDS, SERIES 2004 (RECREATIONAL AND CULTURAL PROJECTS), IN THE INITIAL AGGREGATE PRINCIPAL AMOUNT OF NOT EXCEEDING $24,000,000; ESTABLISHING THE MATURITY SCHEDULE AND REDEMPTION TERMS IN CONNECTION WITH THE BONDS, AUTHORIZING THE CITY MANAGER OR FINANCE DIRECTOR TO PUBLISH A SUMMARY NOTICE OF SALE AND TO RECEIVE BIDS PURSUANT TO A COMPETITIVE SALE OF SAID BONDS TO THE RESPONSIVE BIDDER OFFERING THE LOWEST TRUE INTEREST COST TO THE CITY WHICH SHALL NOT EXCEED SIX PERCENT; APPOINTING A PAYING AGENT AND BOND REGISTRAR; AUTHORIZING THE REGISTRATION OF THE BONDS UNDER A BOOK-ENTRY SYSTEM; APPROVING THE FORM OF A SUMMARY NOTICE OF SALE, AN OFFICIAL NOTICE OF BOND SALE AND BID FORM, PRELIMINARY OFFICIAL STATEMENT AND AUTHORIZING THE EXECUTION AND DELIVERY OF AN OFFICIAL STATEMENT RELATING TO THE BONDS; AUTHORIZING THE USE BY THE SUCCESSFUL BIDDER OF THE OFFICIAL STATEMENT RELATING TO THE BONDS; APPROVING THE FORM OF AND AUTHORIZING THE EXECUTION AND DELIVERY OF A PAYING AGENT AND REGISTRAR AGREEMENT RELATING TO THE BONDS; PROVIDING FOR A BOND INSURANCE POLICY FOR THE BONDS PROVIDED BY MBIA INSURANCE CORPORATION; AUTHORIZING THE PROPER OFFICERS OF THE CITY TO DO ALL OTHER THINGS DEEMED NECESSARY OR ADVISABLE AS TO THE SALE AND DELIVERY OF THE BONDS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Commission of Delray Beach, Florida (the "Commission") did, on this date, adopt Resolution No. 61-04 (the "Authorizing Resolution") authorizing the issuance of not exceeding $24,000,000 in initial aggregate principal amount of General Obligation Bonds, Series 2004 (Recreational and Cultural Projects) (the "Bonds"), for the purpose of financing all or a portion of the costs of certain capital projects particularly described in Resolution No. 72-03 (the "Projects"), adopted by the Commission on October 21, 2003; and WHEREAS, any term not otherwise defined in this Resolution shall have the meaning ascribed to such term in the Authorizing Resolution; and Resolution No. 62-04 WHEREAS, the City deems it to be in the best economic interest of the City that the Bonds be sold at a public sale in order to accomplish the stated purposes of the Bonds; and WHEREAS, it is necessary: (i) to fix the date, denominations, amount and maturities of the Bonds, (ii) to authorize the publication (including publication on the Intemet) of a summary notice of sale, (iii) to approve the form and the use (including use over the Internet) of an Official Notice of Bond Sale and Official Bid Form, Preliminary Official Statement and a final Official Statement, (iv) to authorize the City Manager or the Finance Director of the City to award the Bonds to the best bidder upon the terms and conditions and subject to the limitations set forth herein and the Official Notice of Bond Sale, (v) to appoint a Bond Registrar and Paying Agent and (vi) to select bond insurance to guarantee the payment of scheduled debt service on the Bonds; and WHEREAS, the City's financial advisor has recon'unended in a letter, attached hereto as Exhibit D, that the principal and interest on the Bonds be insured by a municipal bond insurance policy (the "Bond Insurance Policy") to be issued by MBIA Insurance Corporation (the "Bond Insurer") pursuant to the terms and provisions of the commitment of such Bond Insurer to provide the Bond Insurance Policy attached hereto as Exhibit E (herein, the "Commitment"); and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: SECTION 1. DEFINITIONS. That all capitalized terms used in this Resolution not otherwise defined shall have the meanings ascribed to such terms in the Authorizing Resolution unless the context clearly indicates otherwise. SECTION 2. AUTHORIZATION OF THE BONDS AND PURPOSE. Subject and pursuant to the provisions of the Act, this Resolution and the Authorizing Resolution, the Resolution No. 62-04 City hereby authorizes the Bonds to be known as "General Obligation Bonds, Series 2004 (Recreational and Cultural Projects)," to be issued pursuant to the terms and provisions of the Authorizing Resolution and this Resolution in the aggregate principal amount of not exceeding Twenty-Four Million Dollars ($24,000,000) (herein referred to as the "Bonds"), for the purpose of (i) financing the Projects and all incidental costs relating thereto and (ii) paying the costs of issuing the Bonds, including the premium for the Bond Insurance Policy. SECTION 3. FORM OF BONDS. The text of the Bonds shall be in substantially the form set forth in the Authorizing Resolution. SECTION 4. TERMS AND DETAILS OF THE BONDS. The Bonds shall be dated the date of issuance, shall be issued in the denomination of $5,000 each or integral multiples thereof, shall bear interest payable February 1, 2005 and semi-annually thereafter on August 1 and February 1 in each year and shall mature or be subject to mandatory sinking fund redemption at the election of the successful bidder on February 1 in the years 2005 through 2024. The Bonds maturing on February 1, 2015 and thereafter are subject to redemption at the option of the City prior to maturity on or after February 1, 2014, in whole at any time or in part from time to time on the first day of any month in such manner as shall be determined by the City, at a redemption price equal to the principal amount of the Bonds to be redeemed, together with accrued interest to the date fixed for redemption. Notwithstanding the foregoing, if the City's financial advisor, upon consultation with the Finance Director, determines that market conditions require different or no optional redemption provisions for the Bonds or for certain maturities of the Bonds, such different optional redemption provisions or the exclusion of certain or all maturities of the Bonds from such optional redemption provisions will be deemed approved by the Commission without the need of Resolution No. 62-04 further proceedings so long as the maximum redemption premium does not exceed 1% and the first optional redemption period is not more than twelve (12) years from the date of issuance of the Bonds. If less than all of the Bonds are called for redemption, the Bonds to be redeemed shall be selected in such manner as the City, in its discretion, shall determine, and if less than all of a maturity shall be called for redemption, the Bonds to be redeemed shall be selected by lot within such maturity. Notice of redemption of the Bonds shall be mailed, postage prepaid, by the Bond Registrar (herein defined) at least thirty (30) and not more than sixty (60) days before the date fixed for redemption to the registered owners of any of the Bonds or portions of the Bonds which are to be redeemed, at their addresses as they appear fifteen (15) days prior to the date such notice is mailed on the registration books of the City kept by the Bond Registrar. The Bond Registrar also shall mall (by certified mail, return receipt requested) a copy of such notice for receipt not less than the second business day prior to the date notice of redemption is mailed to the Bondholders to the following (or the most current address): The Depository Trust Company, 711 Stewart Avenue, Garden City, New York 11530; Midwest Securities Trust Company, Capital Structures - Call Notification, 440 South LaSalle Street, Chicago, Illinois 60605; Philadelphia Depository Trust Company, Reorganization Division, 1900 Market Street, Philadelphia, Pennsylvania 19103; Attention: Bond Department; provided, however, that such mailing shall not be a condition precedent to such redemption and failure to mall any such notice shall not affect the validity of any proceedings for the redemption of the Bonds. The Bond Registrar shall also provide notice, at the same time notice of redemption is given to the Bondholders, to Kenny Information Systems Notification Service, 65 Broadway, Resolution No. 62-04 16th Floor, New York, New York 10006, and Standard & Poor's Called Bond Record, 25 Broadway, New York, New York 10004 (or the most current address); provided, however, that such mailing shall not be a condition precedent to such redemption and failure to mail any such notice shall not affect the validity of any proceedings for the redemption of the Bonds. A second notice of redemption shall be given sixty (60) days after the redemption date in the manner required above to the registered owners of redeemed Bonds which have not been presented for payment within thirty (30) days after the redemption date. Such notice of redemption shall set forth (i) the date fixed for redemption, (ii) the redemption price to be paid, (iii) the name and address of the Bond Registrar, (iv) if less than all of the Bonds shall be called for redemption, the distinctive numbers, letters and CUSIP identification numbers, if any, of such Bonds to be redeemed, (v) in the case of Bonds to be redeemed in part only, the portion of the principal amount thereof to be redeemed, and (vi) any other information the City or the Bond Registrar deems relevant. Subject to the roles of the Securities Depository, in case any Bond is to be redeemed in part only, the notice of redemption that relates to such Bond shall state also that on or after the redemption date, upon surrender of the Bond, a new Bond or Bonds of the same maturity, bearing interest at the same rate and in aggregate principal amount equal to the unredeemed portion of such Bond, will be issued. Failure of the registered owner of any Bonds which are to be redeemed to receive any such notice shall not affect the validity of the proceedings for the redemption of Bonds for which proper notice has been given. Interest shall cease to accrue on any of the Bonds duly called for prior redemption if payment of the redemption price has been duly made or provided for. 5 Resolution No. 62-04 Notwithstanding any of the foregoing, no notice of redemption that relates to the Bonds shall be given unless there are sufficient moneys for such redemption on deposit in the Sinking Fund or unless such redemption shall be paid for with the proceeds of refunding bonds. SECTION 5. SALE OF BONDS. The Finance Director is hereby authorized and directed to sell the Bonds at public sale by competitive bid and to publish the Summary Notice of Sale attached hereto as Exhibit A in The Bond Buyer and on the World Wide Web at least ten (10) days prior to the date of sale, which date of sale shall be determined by the Finance Director, in consultation with the City's financial advisor, in an effort to achieve the lowest interest rate cost for the City. The Official Notice of Bond Sale and Official Bid Form attached hereto as Exhibit B and the Preliminary Official Statement attached hereto as Exhibit C are each hereby approved and authorized to be used in connection with the sale of the Bonds. The Preliminary Official Statement, upon advice of the Finance Director, is hereby deemed final for purposes of the Rule. The Preliminary Official Statement, as amended on the date of sale of the Bonds to delete the preliminary language and as further amended to reflect the actual interest rates and reoffering terms and any changes of maturities or amounts and with such additional correcting and conforming changes as shall be approved by the Finance Director, is hereinafter referred to as the "Official Statement" and as promptly as possible following the sale and within seven (7) business days of the date of sale of the Bonds, the City agrees to make available to the purchaser of the Bonds a sufficient number of copies of the Official Statement as necessary to enable such purchaser to comply with the Rule. The Mayor (or in his absence, the Vice Mayor) is authorized to execute the Official Statement on behalf of the City with such changes, completions and amendments as they shall determine are necessary or desirable. The purchaser of the Bonds is Resolution No. 62-04 hereby authorized to use the Official Statement in connection with confirming the sale of the Bonds. The Finance Director is hereby delegated the authority to award the Bonds to the responsive bidder offering to purchase the Bonds at the lowest annual interest cost to the City computed on a true interest cost basis, which in no event shall exceed six pement (6.00%) per annum. True interest cost shall be calculated as provided in the Official Notice of Bond Sale. As a further condition for the Finance Director to award the Bonds, the reoffering price for the Bonds may not be less than 99% of the principal amount of the Bonds for any single maturity thereof, and the aggregate purchase price as certified by the City's financial advisor, may not be less than 100% of the aggregate principal amount of the Bonds. SECTION 6. BOND REGISTRAR; PAYING AGENT. Wells Fargo Bank, National Association is hereby appointed the Bond Registrar and Paying Agent for the Bonds. SECTION 7. BOOK ENTRY BONDS. That the City hereby determines that the registration of the Bonds be by the book entry system of registration provided by the Securities Depository. SECTION 8. BOND INSURANCE POLICY AND PROVISIONS RELATING THERETO. That, based on the recommendations of the City's financial advisor, set forth in a letter attached hereto as Exhibit D with respect to the Bonds, the Commission finds that obtaining the Bond Insurance Policy provided by the Bond Insurer is in the best interests of the City, and the Commission hereby directs that the premium due on the Bond Insurance Policy be paid in accordance with the terms thereof. To the extent not reflected in the Authorizing Resolution and this Resolution, the terms and provisions of the Commitment from MBIA Insurance Corporation to provide the Bond Insurance Policy attached hereto as Exhibit E are Resolution No. 62-04 accepted and incorporated herein as though such terms and provisions were set forth herein (herein, the "Commitment"). A. In the event that, on the second Business Day, and again on the Business Day, prior to the payment date on the Bonds, the Paying Agent has not received sufficient moneys to pay all principal of and interest on the Bonds due on the second following or following, as the case may be, Business Day, the Paying Agent shall immediately notify the Bond Insurer or its designee on the same Business Day by telephone or telegraph, conf~rmed in writing by registered or certified mail, of the amount of the deficiency. B. If the deficiency made up in whole or in part prior to or on the payment date, the Paying Agent shall so notify the Bond Insurer or its designee. C. In addition, if the Paying Agent has notice that any Bondholder has been required to disgorge payments of principal or interest on the Bonds to a trustee in bankruptcy or creditors or others pursuant to a final judgment by a court of competent jurisdiction that such payment constitutes an avoidable preference to such Bondholder within the meaning of any applicable bankruptcy laws, then the Paying Agent shall notify the Bond Insurer or its designee of such fact by telephone or telegraphic notice, confirmed in writing by registered or certified mail. D. The Paying Agent is hereby irrevocably designated, appointed, directed and authorized to act as attorney-in-fact for Holders of the Bonds as follows: 1. If and to the extent there is a deficiency in amounts required to pay interest on the Bonds, the Paying Agent shall (a) execute and deliver to U.S. Bank Trust National Association, or its successors under the Bond Insurance Policy (the "Insurance Paying Agent"), in form satisfactory to the Insurance Paying Agent, an inslna-nent appointing the Bond Insurer as agent for such Holders in any legal proceeding related to the payment of Resolution No. 62-04 such interest and an assignment to the Bond Insurer of the claims for interest to which such deficiency relates and which are paid by the Bond Insurer, (b) receive as designee of the respective Holders (and not as Paying Agen0 in accordance with the tenor of the Bond Insurance Policy payment from the Insurance Paying Agent with respect to the claims for interest so assigned, and (c) disburse the same to such respective Holders; and 2. If and to the extent of a deficiency in amounts required to pay principal of the Bonds, the Paying Agent shall (a) execute and deliver to the Insurance Paying Agent in form satisfactory to the Insurance Paying Agent an instrument appointing the Bond Insurer as agent for such Holder in any legal proce~ling relating to the payment of such principal and an assignment to the Bond Insurer of any of the Bonds surrendered to the Insurance Paying Agent of so much of the principal amount thereof as has not previously been paid or for which moneys are not held by the Paying Agent and available for such payment (but such assignment shall be delivered only if payment from the Insurance Paying Agent is received), (b) receive as designee of the respective Holders (and not as Paying Agent) in accordance with the tenor of the Bond Insurance Policy payment therefor from the Insurance Paying Agent, and (c) disburse the same to such Holders. E. Payments with respect to claims for interest on and principal of Bonds disbursed by the Paying Agent from proceeds of the Bond Insurance Policy shall not be considered to discharge the obligation of the City with respect to such Bonds, and the Bond Insurer shall become the owner of such unpaid Bonds and claims for the interest in accordance with the tenor of the assignment made to it under the provisions of this subsection or otherwise. F. Irrespective of whether any such assignment is executed and delivered, the City and the Paying Agent hereby agree for the benefit of the Bond Insurer that: Resolution No. 62-04 1. They recognize that to the extent the Bond Insurer makes payments, directly or indirectly (as by paying through the Paying Agent), on account of principal of or interest on the Bonds, the Bond Insurer will be subrogated to the rights of such Holders to receive the amount of such principal and interest from the City, with interest thereon as provided and solely from the sources stated in this Indenture and the Bonds; and 2. They will accordingly pay to the Bond Insurer the amount of such principal and interest (including principal and interest recovered under subparagraph (ii) of the first paragraph of the Bond Insurance Policy, which principal and interest shall be deemed past due and not to have been paid), with interest thereon as provided in this Resolution and the Bonds, but only from the sources and in the manner provided herein for the payment of principal of and interest on the Bonds to Holders, and will otherwise treat the Bond Insurer as the owner of such rights to the amount of such principal and interest. G. Copies of any amendments made to the documents executed in connection with the issuance of the Bonds which are consented to by the Bond Insurer shall be sent to Standard & Poor's. H. The Bond Insurer shall receive notice of the resignation or removal of the Paying Agent and the appointment of a successor thereto. I. The Bond Insurer shall receive copies of all notices required to be delivered to Bondholders and, on an annual basis, copies of the City's audited financial statements and Annual Budget. Resolution No. 62-04 J. Any notice that is required to be given to a holder of the Bonds or to the Paying Agent pursuant to the Authorizing Resolution or this Resolution shall also be provided to the Bond Insurer. All notices required to be given to the Bond Insurer under the Authorizing Resolution or this Resolution shall be in writing and shall be sent by registered or certified mail addressed to MBIA Insurance Corporation, 113 King Street, Armonk, New York 10504, Attention: Surveillance. K. The City agrees to reimburse the Bond Insurer immediately and unconditionally upon demand, to the extent permitted bylaw, for all reasonable expenses, including attorneys' fees and expenses, incurred by the Bond Insurer in connection with (1) the enforcement by the Bond Insurer of the Bonds, or the preservation or defense of any rights of the Bond Insurer, under the Authorizing Resolution or this Resolution and any other document executed in connection with the issuance of the Bonds, and (ii) any consent, amendment, waiver or other action with respect to the Authorizing Resolution or this Resolution, whether or not granted or approved, together with interest on all such expenses from and including the date incurred to the date of payment at Citibank's Prime Rate plus 3% or the maximum interest rate permitted bylaw, whichever is less. In addition, the Bond Insurer reserves the right to charge a fee in connection with its review of any such consent, amendment or waiver, whether or not granted or approved. L. The City agrees not to use the Bond Insurer's name in any public document including, without limitation, a press release or presentation, announcement or forum without the Bond Insurer's prior consent provided however, such prohibition on the use of the Bond Insurer's name shall not relate to the use of the Bond Insurer's standard approved form of disclosure in public documents issued in connection with the current Bonds to be issued in accordance with the terms of the Commitment and provided further such prohibition shall not Resolution No. 62-04 apply to the use of the Bond Insurer's name in order to comply with public notice, public meeting or public reporting requirements. M. The City shall not enter into any agreement nor shall it consent to or participate in any arrangement pursuant to which Bonds are tendered or purchased for any purpose other than the redemption and cancellation or legal defeasance of such Bonds without the prior written consent of the Bond Insurer. SECTION 9. FURTHER AUTHORIZATIONS; RATIFICATION OF PRIOR ACTS. That the Mayor, the Vice Mayor, the City Manager, the Finance Director, the Treasurer, the City Attorney, and any other proper official of the City, be and each of them is hereby authorized and directed to execute and deliver any and all documents and inslxuments, including, but not limited to, any paying agent and registrar agreement, and to do and cause to be done any and all acts and things necessary or proper for carrying out the transactions contemplated by this Resolution, including, but not limited to, complying with any conditions to obtain the Bond Insurance Policy. All actions heretofore taken and documents prepared or executed by or on behalf of the City by any of its authorized officers in connection with the transactions contemplated hereby are hereby ratified, confirmed, approved and adopted. SECTION 10. SEVERABILITY OF INVALID PROVISIONS. If any one or more of the covenants, agreements or provisions of this Resolution should be held contrary to any express provision of law or contrary to the policy of express law, though not expressly prohibited, or against public policy, or shall for any reason whatsoever be held invalid, then such covenants, agreements or provisions shall be null and void and shall be deemed separate from the remaining covenants, agreements or provisions, and shall in no way affect the validity of any of the other provisions of this Resolution or of the Bonds. Resolution No. 62-04 SECTION 11. REPEALER. That all resolutions or proceedings, or parts thereof, in conflict with the provisions of this Resolution are to the extent of such conflict hereby repealed. SECTION 12. EFFECTIVE DATE. That this Resolution shall take effect immediately upon its passage. PASSED AND ADOPTED in regular session on this the 7th day of September, 2004. CITY OF DELRAY BEACH, FLORIDA By: Mayor Attest: City Clerk The foregoing Resolution is hereby approved by me as to form, language and execution this 7th day of September, 2004. By: City Attorney Resolution No. 62-04 City of Delray Beach, Florida General Obligation Bonds, Series 2004 (Recreational and Cultural Projects) LIST OF EXHIBITS TO RESOLUTION NO. 62-04 EXHIBIT A Summary Notice of Sale EXHIBIT B Official Notice of Bond Sale and Official Bid Form EXHIBIT C Draft Preliminary Official Statement EXHIBIT D City's financial advisor's letter of recommendation for bond insurance EXHIBIT E Commitment for Bond Insurance Policy from MBIA Insurance Corporation Resolution No. 62-04 SUMMARY NOTICE OF $14,000,000' City of Delray Beach, Florida General Obligation Bonds Series 2004 (Recreational and Cultural Projects) Bids for the above captioned bonds will be received by the City of Delray Beach, Florida, (the "City") via Parity until 11:00 a.m. (the "Submittal Deadline"), local Delray Beach time, on Tuesday, September 21, 2004 or on such other date as may be established by the Finance Director of the City or his designee no less than ten (10) days after the date of publication of this notice and communicated by Thomson Municipal Market Monitor not less than twenty (20) hours prior to the time bids are received (the "Bid Date"). Such bids are to be opened in public as soon as practical after the Submittal Deadline on said day for the purchase of the City of Delray Beach, Florida, General Obligation Bonds, Series 2004 (Recreational and Cultural Projects) (the "Series 2004 Bonds"). The Series 2004 Bonds will mature as specified in the Official Notice of Bond Sale. Proceeds of the Series 2004 Bonds will be used by the City to (i) finance all or a portion of the costs of acquisition and construction, reconstruction and equipping of certain new and existing parks, new and existing recreation centers, a parking garage and capital improvements as part of the expansion of Old School Square and the furnishings and fixtures for the new library and (ii) pay the costs of issuance of the Series 2004 Bonds. The approving opinion of Greenberg Traurig, P.A., West Palm Beach, Florida, Bond Counsel, will be furnished to the successful bidder at the expense of the City. Electronic copies of the Preliminary Official Statement, the Official Notice of Bond Sale and the Official Bid Form relating to the Series 2004 Bonds may be obtained at the website address www.idealprospectus.com. Printed, bound copies of the Preliminary Official Statement will be available from the City's financial advisor, Public Financial Management, 300 South Orange Avenue, Suite 1170, Orlando, FL 32801, telephone 407-648-2208. City of Delray Beach, Florida Joseph M. Safford Finance Director Dated: ,2004 *Preliminary, subject to change. $14,000,000' CITY OF DELRAY BEACH, FLORIDA GENERAL OBLIGATION BONDS SERIES 20O4 (Recreational and Cultural Projects) OFFICIAL NOTICE OF BOND SALE AND OFFICIAL BID FORM The General Obligation Bonds, Series 2004 (Recreational and Cultural Projects) (the "Series 2004 Bonds") are being offered for sale in accordance with this Official Notice of Bond Sale. Notice is hereby given that bids will be received by the City of Delray Beach, Florida (the "City" or the "Issuer") for the purchase of the Series 2004 Bonds via the Parity Bidding System ("Parity") until 11:00 a.n~ local Delray Beach time, on Tuesday, September 21, 2004 or on such other date as will be established by the Finance Director or his designee and communicated by Thomson Municipal Market Monitor not less than 20 hours prior to the time the bids are to be received. To the extent any instructions or directions set forth in Parity conflict with this Official Notice of Bond Sale, the terms of this Official Notice of Bond Sale shall control. For further information about Parity, and to subscribe in advance of the bid, potential bidders may contact Parity at (212) 404-8102. The use of Parity shall be at the bidder's risk and expense, and the City shall have no liability with respect thereto. 2004 OFFICIAL NOTICE OF BOND SALE $14,000,000' CITY OF DELRAY BEACH, FLORIDA GENERAL OBLIGATION BONDS SERIES 2004 (Recreational and Cultural Projects) BIDS The City of Delray Beach, Florida General Obligation Bonds, Series 2004 (Recreational and Cultural Projects) (the "Series 2004 Bonds") am being offered for sale in accordance with this Official Notice of Bond Sale. Notice is hereby given that bids will be received by the City of Delray Beach, Florida (the "City" or the "Issuer") for the pumhase of the Series 2004 Bonds via Parity until 11:00 a.m. local Delray Beach time, on Tuesday, September 21, 2004, or on such other date as will be established by the Finance Director or his designee and communicated by Thomson Municipal Market Monitor not less than 20 hours prior to the time the bids am to be received. To the extent any instructions or directions set forth in Parity conflict with this Official Notice of Bond Sale, the terms of this Official Notice of Bond Sale shall control. For further information about Parity, and to subscribe in advance of the bid, potential bidders may contact Parity at (212) 404~8102. The use of Parity shall be at the bidder's risk and expense, and the City shall have no liability with respect thereto. Only bids submitted through Parity will be considered. No telephone, telefax, telegraph, mail, courier delivery or personal delivery bids will be accepted. BOND DETAILS The Series 2004 Bonds will be issued initially as fully registered bonds, and when executed and delivered, will be registered in the name of Cede & Co., as registered owner and nominee for The Depository Trust Company, New York, New York CDTC"), which will act as securities depository for the Series 2004 Bonds. Individual pumhases of the Series 2004 Bonds may be made only in book-entry form in denominations of $5,000 or integral multiples thereofi Pumhasers of Series 2004 Bonds (the "Beneficial Owners") will not receive physical delivery of bond certificates. As long as Cede & Co. is the registered owner of the Series 2004 Bonds, as nominee for DTC, payments of principal and interest with respect to the Series 2004 Bonds will be made to such registered owner who will in mm remit such principal and interest payments to DTC participants for subsequent disbursement to the Beneficial Owners. The Series 2004 Bonds will be dated their date of delivery (which is expected to be September 30, 2004) or such other date as may be communicated by Thomson Municipal Market Monitor not less than 20 hours prior to the time bids are to be received, and shall bear interest from such date and shall be payable semiannually commencing on February 1, 2005, and on each August 1 and February I thereafter until maturity at the rate or rates specified in such proposals as may be accepted. The proposed schedule of maturities and amounts are as follows: MATURITY SCHEDULE FOR THE SERIES 2004 BONDS Princitnal Principal Year Amount* Year Amount* 2005 2015 2006 2016 2007 2017 2008 2018 2009 2019 2010 202O 2011 2021 2012 2022 2013 2023 2014 2024 *Preliminary; Subject to Change (NOTE: The City reserves the right u3 modify the maturity schedule shown above. Any such modification will be communicated through the Thomson Municipal Market Monitor (See, "Adjustment of Principal Amount" below.) Ad,[ustment of Principal Amount - The schedule of maturities set forth on the previous page (the "Initial Maturity Schedule") represents an estimate of the principal amount and maturities of the Series 2004 Bonds that will be sold. The City reserves the right to change the Initial Maturity Schedule by announcing any such change not later than 2:00 p.m., local Delray Beach time, on the date immediately preceding the date set for receipt of bids, through Thomson Municipal Market Monitor. If no such change is announced, the Initial Maturity Schedule will be deemed the schedule of maturities for the Official Bid Form. Furthermore, if after final computation of the bids, the City determines in its sole discretion that the funds necessary to accomplish the purpose of the Series 2004 Bonds is more or less than the proceeds of the sale of all of the Series 2004 Bonds, the City reserves the right to increase or decrease the principal amount, by no more than 10% of the principal amount of the Series 2004 Bonds and by no more than 15% within a given maturity of the Series 2004 Bonds (to be rounded to the nearest $5,000). In the event of any such adjustment, no rebidding or recalculation of the bids submitted will be required or permitted; and the Series 2004 Bonds of each maturity, as adjusted, will bear interest at the same rate and must have the same initial reoffering yield as specified immediately after award of the Series 2004 Bonds of that maturity. However, the award will be made to the bidder whose bid produces the lowest true interest cost rate, calculated as specified below, solely on the basis of the Series 2004 Bonds offered, without taking into account any adjustment in the amount of Series 2004 Bonds pursuant to this paragraph. Optional Redemption - The Series 2004 Bonds maturing on February 1, 2015, and thereafter are subject to redemption, from any legally available source, at the option of the City prior to maturity on or after February 1, 2014, in whole, or in part at any time, in such manner as shall be determined by the City, at a redemption price equal to the principal amount of the Series 2004 Bonds to be redeemed together with accrued interest to the date fixed for redemption. AUTHORIZATION The Series 2004 Bonds are being issued under the authority of and in full compliance with the Constitution and laws of the State of Florida, including Chapter 166, Florida Statutes, as amended and supplemented, the City Charter, as amended and supplemented, and other applicable provisions of law. The Series 2004 Bonds are being issued more specifically pursuant to Resolution No. 72-03 (the "Referendum Resolution"), adopted by the City Commission of the City (the "Commission") on October 21, 2003 and Resolution No. 61-04, adopted by the Commission on September 7, 2004 as supplemented by Resolution No. 62-04, adopted by the Commission on September 7, 2004, which authorized the issuance by the City of up to $24,000,000 in General Obligation Bonds in one or more series and sets forth the details of the Series 2004 Bonds (the "Series 2004 Resolution" and together with the Referendum Resolution, the "Resolution"). On January 20, 2004, a majority of the qualified electors of the City approved the issuance of the Series 2004 Bonds by the City to finance the Projects in the principal amounts prescribed in the Referendum Resolution. PURPOSE The Series 2004 Bonds will be issued by the City to (i) finance all or a portion of the costs of acquisition and construction, reconstruction and equipping of certain new and existing parks, new and existing recreation centers, a parking garage and capital improvements as part of the expansion of Old School Square and the furnishings and fixtures for the new library (collectively, the "Projects"); and (ii) pay the costs of issuance of the Series 2004 Bonds. SECURITY FOR THE BONDS The Series 2004 Bonds will be general obligations of the City, payable from unlimited ad valorem taxes levied on all taxable property in the City. The full faith, credit and taxing power of the City are pledged for the payment of the principal and interest on the Series 2004 Bonds. RATINGS AND BOND INSURANCE It is expected that Moody's Investors Service ("Moody's") and Standard and Poor's ("S&P") will give the Series 2004 Bonds ratings of "Aaa" and "AAA"; respectively based on the understanding that the standard policy of municipal bond insurance insuring thc total payment of principal and interest on the Series 2004 Bonds will be issued by MBIA Insurance Corporation. Moody's and S&P have assigned the Series 2004 Bonds underlying ratings of "Al" and "AA-", respectively. 2 CONTINUING DISCLOSURE The City has committed to provide certain annual information and notices of material events as required by Rule 15c2-12 promulgated by the Securities and Exchange Commission (the "Rule") and as described in the Preliminary Official Statement. PURCHASER'S CERTIFICATION REGARDING INITIAL OFFERING PRICE In order to provide the City with information required to enable it to comply with certain requirements of the Internal Revenue Code of 1986, as amended, relating to the exclusion of interest on the Series 2004 Bonds from the gross income of the holders thereof for federal income tax purposes, the successful bidder will be required to complete, execute and deliver to the City (on the date of delivery of the Series 2004 Bonds) a certificate relating to the manner in which the Series 2004 Bonds were offered for sale and the offering price for such Series 2004 Bonds, substantially in the form included in the Official Bid Form. In the event the successful bidder will not reoffer the Series 2004 Bonds for sale or is unable to sell a substantial amount of the Series 2004 Bonds by the date of delivery, such certificate may be modified in a manner approved by the City and Greenberg Traurig, P.A., Bond Counsel. It will be the responsibility of the successful bidder to institute such syndicate or selling group reporting requirements, to make such investigation, or otherwise to ascertain the facts necessary to enable it to make such certification with reasonable certainty. LEGAL OPINION AND CLOSING CERTIFICATE At the time of delivery of the Series 2004 Bonds, the City will deliver to the successful bidder, at the expense of the City, the approving opinion of Greenberg Traurig, P.A., Bond Counsel, in substantially the form appearing in the Preliminary Official Statement, a no-litigation certificate and other customary closing certificates relating to the issuance of the Series 2004 Bonds. GOOD FAITH DEPOSIT Each bid must be accompanied by a certified or cashier's check drawn upon an incorporated bank or trust company dated on or before the date of the bid in the amount of 1% of the aggregate principal amount of the Series 2004 Bonds ($140,000), which check (the "Good Faith Check"), must be payable unconditionally to the order of the "City of Delmy Beach, Florida". Award or rejection of bids will be made on the date above stated for receipt of bids and the Good Faith Check of unsuccessful bidders will be promptly returned after the award. The Good Faith Check of the successful bidder will be cashed as security for the performance of the bid, and, in the event such successful bidder should fail to comply with the terms of its bid, the proceeds will be retained by the City. The retention of such good faith deposit (the "Deposit") will constitute full-liquidated damages for such failure. If the City shall fail to issue and deliver the Series 2004 Bonds, the City will deliver the Deposit to the successful bidder and the return of such Deposit will constitute a full release of all claims the bidder might have against the City. Upon delivery of the Series 2004 Bonds, the Deposit will be credited (without interest) against the net purchase price to be paid by the successful bidder. No interest on the Deposit will accrue to the successful bidder. Alternatively, each bidder may submit a financial surety bond (the "Financial Surety Bond") naming the City as the obligee in the event of default by the bidder pursuant to the terms and conditions of the Financial Surety Bond. If a Financial Surety Bond is used, it must be from an insurance company licensed to issue such a bond in the State of Florida and approved by the City (as of the date of this Official Notice of Bond Sale, only Financial Security Assurance Inc. is qualified for this purpose). The Financial Surety Bond must identify each bidder whose Deposit is guaranteed by such Financial Surety Bond. If the Series 2004 Bonds are awarded to a bidder utilizing a Financial Surety Bond, that bidder is required to submit its Deposit in the form of a wire transfer as instructed by the City. Such Deposit shall be considered due on the day the Series 2004 Bonds are awarded, and shall be considered delinquent if not received by 3:00 p.m., local Delray Beach time, on the next business day following such award. If such Deposit is not received by that time, the Financial Surety Bond may be drawn down by the City to satisfy the Deposit requirement. TERMS OF BID AND BASIS OF AWARD Proposals must be unconditional and for the purchase of all of the Series 2004 Bonds. The reoffering price for the Series 2004 Bonds may not be less 99% of the principal amount of the Series 2004 Bonds for any single maturity thereof. The aggregate purchase price, inclusive of original issue discount ("OID"), original issue premium and underwriter's discount, may not be less than 100% of the principal amount of the Series 2004 Bonds. The Series 2004 Bonds shall bear interest expressed in multiples of one-eighth (1/8) or one-twentieth (1/20) of one (1) per centum. The use of split or supplemental interest coupons will not be considered and a zero rate or blank rote will not be permitted. All Series 2004 Bonds maturing on the same date shall bear the same rate of interest. 3 The Series 2004 Bonds will be awarded to the bidder offering to purchase the Series 2004 Bonds at the lowest annual interest cost computed on a true interest cost basis (the "TIC"). The annual TIC will be determined by doubling the semi-annual interest rate necessary to discount the semi-annual debt service payments on the Series 2004 Bonds back to the Net Bond Proceeds (defined as the par amount of the Series 2004 Bonds plus original issue premium, less any OlD and underwriter's discount on the Series 2004 Bonds calculated on a 360 day year to the Dated Date, as defined below). The TIC must be calculated to four (4) decimal places. THE CITY RESERVES THE RIGHT TO REJECT ALL BIDS OR ANY BID NOT CONFORMING TO THIS OFFICIAL NOTICE OF BOND SALE OR NOT IN THE FORM OF THE OFFICIAL BID FORM. THE CITY ALSO RESERVES THE RIGHT TO WAIVE, IF PERMITTED BY LAW, ANY IRREGULARITY OR INFORMALITY IN ANY PROPOSAL. THE CITY SHALL NOT REIECT ANY CONFORMING BID, UNLESS ALL CONFORMING BIDS ARE REJECTED. SE'FI'LEMENT OF BONDS It is expected that closing for the Series 2004 Bonds will occur in Delray Beach, Florida on September 30, 2004, or such other date as determined by the City (the "Closing Date"). On such date, the Series 2004 Bonds will be delivered to DTC as securities depository registered in the name of CEDE & CO., as nominee of DTC through the DTC FAST system of registration. The successful bidder shall advise the underwriting department of DTC, not less than 7 business days prior to the closing date, the interest rates borne by the Series 2004 Bonds, the CUSIP identification numbers and the closing date. The successful bidder shall also timely obtain CUSIP identification numbers and pay CUSIP Service Bureau charges for assignment of the numbers. Any delay, error or omission with respect to the CUSIP numbers shall not constitute cause for failure or refusal by the successful bidder to accept delivery of and pay for the Series 2004 Bonds in accordance with the terms of this Official Notice of Bond Sale. FULL PAYMENT OF THE PURCHASE PRICE (DEFINED AS THE BID PRICE, AS MAY BE ADJUSTED, LESS THE GOOD FAITH DEPOSIT) MUST BE MADE TO THE CITY ON THE CLOSING-DATE BY THE SUCCESSFUL BIDDER IN FEDERAL FUNDS OR IMMEDIATELY AVAILABLE FUNDS WITHOUT COST TO THE CITY. BLUE SKY LAWS The successful bidder(s) will be responsible for the clearance or exemption with respect to the status of the Series 2004 Bonds for sale under the securities or "Blue Sky" laws of the several states and the preparation of any surveys or memoranda in connection with such sale. OFFICIAL STATEMENT The City's Preliminary Official Statement ("POS"), Official Notice of Bond Sale and Official Bid Form are available for viewing in electronic format at www.idealoros~ectus.com or by calling the City's financial advisor, Public Financial Management (the "Financial Advisor" or "PFM"), 300 South Orange Avenue, Suite 1170, Orlando, Florida 32801, (407) 648-2208. The Preliminary Official Statement shall be deemed by the Issuer to be final as of its date, for purposes of SEC Rule 15C2-12(b)(1) under the Securities Exchange Act of 1934, except for the omission of information concerning the offering price(s), interest rate(s), and any other terms or provisions to be determined from the successful bid or depending on such matters, and the identity of the underwriter(s). The Preliminary Official Statement is, however, subject to such further revisions, amendments and completion in a final Official Statement as may be necessary. The City shall provide the successful bidder with 150 conformed copies of the final Official Statement within seven (7) business days following the date of acceptance of the bid. CHOICE OF LAW Any litigation or claim arising out of any bid submitted (mgardlass of the means of submission) pursuant to this Official Notice of Bond Sale shall be governed by and construed in accordance with the laws of the State of Florida. The venue situs for any such action shall be the state courts of the Fifteenth Judicial Circuit in and for Palm Beach County, Florida. MANDATORY STATE FILING Section 218.38(1)(b)1, Florida Statutes, as amended, requires that the City file, within 120 days after the delivery of the Series 2004 Bonds, an information statement with the Division of Bond Finance of the Board of Administration of the State containing the following information: (a) the name and address of the managing underwriter, if any, connected with the bond issue; (b) the name and address of any attorney or financial consultant who advised the City with respect to the bond issue; (c) any fee, bonus, or gratuity paid by any underwriter or financial consultant, in connection with the bond issue, to any person not regularly employed or engaged by such underwriter or consultant; and (d) any other fee paid by the City with respect to the bond issue, including any fee paid to attorneys or financial consultants. The successful bidder is expected to provide to the City the information mentioned in (a) and (c) above when the Series 2004 Bonds are delivered, but in no event later than ninety (90) days as required by Section 218.38(1)(b)2. Such information provided pursuant to the cited statute shall be maintained by the Division of Bond Finance and by the City as a public record. Additionally, Section 218.386, Florida Statutes, as amended, requires the Official Statement for the Series 2004 Bonds to include disclosure of any finder's fees paid in connection with the sale of the Series 2004 Bonds. CITY OF DELRAY BEACH, FLORIDA /s/Jeff Peflman Jeff Perlman Mayor /s/DavidT. Harden David T. Harden City Manager OFFICIAL BID FORM $14,000,000' CITY OF DELRAY BEACH, FLORIDA GENERAL OBLIGATION BONDS, SERIES 2004 (Recreational and Cultural Projects) City of Delray Beach ,2004 100 NW 1st Avenue Delray Beach, Florida 37.~.~. Ladies and Gentlemen: On behalf of the undersigned and any underwriting syndicate which we have formed and lead, and in accordance with the terms and conditions of the attached Official Notice of Bond Sale, dated ,2004, which is hereby made a part of this proposal, we offer to purchase all of $14,000,000' City of Deh'ay Beach, Florida, General Obligation Bonds, Series 2004 (the "Series 2004 Bonds"). We will pay as the purchase price thereof, the aggregate sum of Dollars ($ .) o) in immediately available Federal Funds. The Series 2004 Bonds will be dated as of ,2004, and shall bear interest from such date and shall be payable semiannually commencing on February l, 2005, and on each August 1 and February 1 thereafter until maturity or prior redemption. The Series 2004 Bonds shall mature in the years and bear interest at the respective interest rates per annum, all as stated in the following schedule: Principal Interest Price or Principal Interest Pdce or Year Amount* Rate Yield Year Amount* Rate Yield 2005 2015 2006 2016 2007 2017 2008 2018 2009 2019 2010 2020 2011 2021 2012 2022 2013 2023 2014 2024 Subject to your acceptance of our Official Bid, we agree to make a bona fide public offering of all the Series 2004 Bonds at yields not lower than those set forth in the above Schedule of Maturities, Principal Amounts, Interest Rates and Prices or Yields. Our calculation, made as provided in the Official Notice of Bond Sale, of the true interest cost to the City is %. This estimate is for information purposes only and is not binding on the City or the undersigned. Preliminary, subject to change. Subject to adjustment as provided in the Official Notice of Bond Sale. In accordance with the Official Notice of Bond Sale (check one of the following): We enclose herewith a Cashier's or Certified Check payable to the order of City of Delray Beach, Florida. We are an authorized principal of a Financial Surety Bond with respect to this Bid as described in the attached Notice of Bond Sale and, if this bid is accepted, we will submit our Good Faith Deposit in the form of a wire transfer as instructed by the Issuer no later than 3:00 p.m. local Delray Beach time on the next business day following said bid acceptance. The Good Faith Deposit will be applied or returned in accordance with the provisions of the Official Notice of Bond Sale. It shall be a condition of our obligation as the successful bidder to accept delivery of, and pay for, the Series 2004 Bonds that, contemporaneously with, or before accepting, the Series 2004 Bonds and paying for them, we shall receive the Closing Documents specified in the Official Notice of Bond Sale. We hereby acknowledge receipt of the Prelimina~ Official Statement for the Series 20~4 Bonds "deemed final" (except for permitted omissions) by the City of Delray Beach, Florida. We hereby request that 150 copies of the Official Statement (and any supplement thereto) be furnished to us in accordance with the Official Notice of Bond Sale. We agree to provide a list of all syndicate members by facsimile transmission upon notification of our successful bid. Receipt of such list shall be a condition to award the Series 2004 Bonds. It is understood and agreed that an award will be made for all or none of the Series 2004 Bonds and that the principal amount of the Series 2004 Bonds and our purchase price as bid may be adjusted as provided in the Official Notice of Bond Sale, the terms of which are incorporated herein by reference. If the foregoing is acceptable to you, please signify by signing and returning a copy of this Official Bid Form to the undersigned bidder whereupon it will become a binding agreement between us. Respectfully submitted, Accepted and agreed to Bidder City of Delray Beach, Florida By: Title: (No addition or alteration, except as provided above, is to be made to this Official Bid Form and it must not be detached from the attached Official Notice of Bond Sale) TRUTH-IN-BONDING STATEMENT In compliance with Section 218.385, Florida Statutes, as amended, the bidder submits the following Tmth-ln- Bonding Statement with respect to the Series 2004 Bonds (NOTE: For state law purposes only and not a part of the bid): The City is proposing to issue $14,000,000' of debt or obligation for the purpose of financing a portion of the costs of the Projects as more fully described in the Official Notice of Bond Sale. At a forecasted interest rate of ___%, total interest paid over the life of the debt or obligation will be $ The Series 2004 Bonds will be general obligations of the City, payable from unlimited ad valorem taxes levied on all taxable property in the City and therefore since the Series 2004 Bonds are voter approved debt, the issuance thereof will not result in any less ad valorem taxes the City will be able to levy and collect. Preliminary, subject to change. CERTIFICATE WITH RESPECT TO "ISSUE PRICE" , acting on behalf of itself and the syndicate selling group, if any, created by it as purchaser (the "Purchaser") of the $14,000,000' General Obligation Bonds, Series 2004 (the "Series 2004 Bonds") of Delray Beach, Florida (the "City"), in order to establish the initial offering price(s) of the Series 2004 Bonds for the purpose of determining the "issue price" of the Series 2004 Bonds within the meaning of Section 148 of the Internal Revenue Code of 1986, as amended, DOES HEREBY CERTIFY, as follows: 1. The Purchaser, as of the date the Series 2004 Bonds were awarded to the Purchaser, (a) made a bona fide public offering of the Series 2004 Bonds to the general public at a price equal to % of the principal amount thereof (the "Public Offering Price"), and (b) sold a substantial amount of such Series 2004 Bonds for cash or to the extent not so sold, reasonably expected, as of the date the Series 2004 Bonds were awarded to the Purchaser, to sell such Series 2004 Bonds for cash to the general public at the Public Offering Price. 2. The Purchaser retained and did not reoffer $. principal amount of the Series 2004 Bonds. 3. The Public Offering Price (with respect to any principal amount of the Series 2004 Bonds that was not reoffered, the price bid by the Purchaser to the City) does not exceed the fair market value of the Series 2004 Bonds as of the date the Series 2004 Bonds were awarded to the Purchaser. 4. For the purpose of this certificate, "General Public" means the general public excluding bond houses, brokers or similar persons or organizations acting in the capacity of underwriters or wholesalers. Dated: By: Title: * Preliminary, subject to change. Preliminary Official Statement Dated August __, 2004 RATINGS: S&P: "AAA" Moodys: "Aaa" NEW ISSUE: FULL BOOK ENTRY RATINGS: (See "Ratings" herein) In the opinion of Bond Counsel under existing law, and assuming compliance with the tax covenant described herein, interest on the Series 2004 Bonds (as defined below) is excluded from gross income for federal income tax purposes, and is not a specific preference item for purposes of the federal alternative minimum tax. See however, "TAX EXEMPTION" herein for a description of certain other taxes imposed on corporations. Bond Counsel is also of the opinion that interest on the Series 2004 Bonds is exempt from taxation under existing laws of the State of Florida, except as to estate taxes and taxes imposed by Chapter 220, Florida Statutes, on interest, income or profits on debt obligations owned by corporations, banks and savings associations. CITY OF DELRAY BEACH, FLORIDA $ ' General Obligation Bonds, Series 2004 (Recreational and Cultural Projects) Dated: _, 2004 Due: Februar3' 1, as shown on the Inside Cover The City of Delray Beach, Florida General Obligation Bonds, Series 2004 (Recreational and Cultural Projects) (the "Series 2004 Bonds") will be issued as fully registered bonds without coupons in the principal denomination of $5,000 or any integral multiples thereof. The Series 2004 Bonds will be registered in the name of Cede & Co., as nominee for the Depository Trust Company, New York, New York ("DTC"), and DTC will act as securities depository for the Series 2004 Bonds. So long as Cede & Co. is the registered owner of the Series 2004 Bonds, principal of and interest on the Series 2004 Bonds will be paid directly to Cede & Co., as nominee for DTC, by Wells Fargo Bank, National Association, having a designated corporate trust office in Minneapolis, Minnesota, as Paying Agent for the Series 2004 Bonds (the "Paying Agent"). Interest on the Series 2004 Bonds is payable semi-annually, commencing February 1, 2005 and each August 1 and February 1 thereafter. The Series 2004 Bonds are subject to redemption prior to maturity as described herein. See "Description of the Series 2004 Bonds - Redemption Provisions," herein. The proceeds of the Series 2004 Bonds will be used by the City of Delray Beach, Florida (the "City") to (i) finance all or a portion of the costs of acquisition and equipping of the Projects (as herein defined) and (ii) pay the cost of issuing the Series 2004 Bonds, including the premium for the municipal bond insurance policy (the "Bond Insurance Policy"). The Series 2004 Bonds and the interest on such Series 2004 Bonds are general obligations of the City. In each year while any of the Series 2004 Bonds are outstanding and unpaid, the City is irrevocably and unconditionally obligated to levy and collect ad valorem taxes without limitation as to the rate or amount on all the taxable property within the City, sufficient to pay the interest on the Series 2004 Bonds as it becomes due, and to provide for the payment of the principal of the Series 2004 Bonds at maturity. The scheduled payment of principal of and interest on the Series 2004 Bonds when due will be guaranteed under the Bond Insurance Policy to be issued concurrently with the delivery of the Series 2004 Bonds by: For a discussion of the terms and provisions of such the Bond Insurance Policy, including the limitations, see "BOND INSURANCE," herein. This cover page contains certain information for quick reference only. It is not a summary of the issue. Investors must read the entire Official Statement to obtain information essential to the making of an informed investment decision. The Series 2004 Bonds are offered subject to prior sale when, as and if issued by the City and accepted by the Underwriter, and subject to approval as to legality by Greenburg Traurig, P.A., West Palm Beach, Florida, Bond Counsel to the City, and certain other conditions. Certain legal matters will be passed on for the City by its City Attorney, Susan A. Ruby, Esq. Public Financial Management, Inc. Orlando, Florida, served as financial advisor to the City in connection with the issuance of the Series 2004 Bonds. It is expected that the Series 2004 Bonds in definitive form will be available for delivery through the facilities of DTC in New York, New York, on or about __, 2004. * Preliminary, subject to change. Sealed bids for the Series 2004 Bonds will be received by the City of Delray Beach, Florida, via Parity as set forth in the Official Notice of Sale until 11:00 A.M. Eastern Time, on , 2004 or such other date and time as will be established by the Finance Director or his designee and communicated by Thomson Municipal Market Monitor not less than 20 hours prior to the time bids are to be received. This Preliminary Official Statement is "deemed final" by the City as of its date for purposes of, and except for certain omissions permitted by, SEC Rule 15-c-12(B)(2). Dated: __, 2004 MATURITIES, AMOUNTS,* INTEREST RATES, PRICES OR YIELDS AND INITIAL CUSIP NUMBERS INITIAL Principal Interest CUSIP Maturity Amount* Rate PAce or Yield NUMBERS** 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 Preliminary, subject to change. City is not responsible for the use of CUSIP numbers, nor is any representation made as to their correctness. They are included solely for the convenience of the readers of this Official Statement. CITY OF DELRAY BEACH, FLORIDA CITY COMMISSION Jeff Perlman, Mayor Alberta Perry McCarthy, Vice Mayor Jon R. Levinson, Deputy Vice Mayor Patricia Archer, Commissioner Bob Costin, Commissioner CITY OFFICIALS David T. Harden, City Manager Joseph M. Safford, Finance Director Rebecca S. O'Connor, Treasurer Richard C. Hasko, Director of Environmental Services Randall Krejcarek, City Engineer Chevelle Nubin, Acting City Clerk CITY ATTORNEY Susan A. Ruby, Esquire BOND COUNSEL Greenberg Traurig, P.A. West Palm Beach, Florida FINANCIAL ADVISOR Public Financial Management, Inc. Orlando, Florida No dealer, broker, salesperson or other person has been authorized by the City or the Underwriter to give any information or to make any representations with respect to the Series 2004 Bonds other than those contained in this Official Statement and, if given or made, such information or representations must not be relied upon as having been authorized by any of the foregoing. This Official Statement is not to be construed as a contract or agreement between the City or the Underwriter and the purchasers or owners, from time to time, of any of the Series 2004 Bonds. This Official Statement does not constitute an offer to sell or the solicitation of an offer to buy, nor shall them be any sale of the Series 2004 Bonds by any person in any jurisdiction in which it is unlawful for such person to make such offer, solicitation or sale. The information set forth herein has been obtained from public documents, records and other sources which are believed to be reliable but it is not guaranteed as to accuracy or completeness. The City makes no representation as to any information from soumes other than the information provided by the City. The information and expressions of opinion herein are subject to change without notice, and, neither the delivery of this Official Statement nor any sale of Series 2004 Bonds, under any circumstances, create any implication that there has been no change in any information set forth herein since the date hereof or the date as of which particular information is given, if earlier. IN CONNECTION WITH THIS OFFERING, THE UNDERWRITER MAY OVERALLOT OR EFFECT TRANSACTIONS WHICH STABILIZE OR MAINTAIN THE MARKET PRICE OF THE SERIES 2004 BONDS AT LEVELS ABOVE THAT WHICH MIGHT OTHERWISE PREVAIL IN THE OPEN MARKET. SUCH STABILIZING, IF COMMENCED, MAY BE DISCONTINUED AT ANY TIME. The following Official Statement contains a general description of the Series 2004 Bonds and sets forth certain information about the City. All summaries and descriptions herein of documents, instruments and agreements, including the Series 2004 Bonds, are qualified in their entirety by reference to the complete, definitive forms of the Series 2004 Bonds and such documents, instruments and agreements, copies of which are on file at the office of the Paying Agent. THE SERIES 2004 BONDS HAVE NOT BEEN REGISTERED WITH THE SECURITIES AND EXCHANGE COMMISSION UNDER THE SECURITIES ACT OF 1933, AS AMENDED, tN RELIANCE UPON EXEMPTIONS CONTAINED IN SUCH ACT. THE REGISTRATION OR QUALIFICATION OF THE SERIES 2004 BONDS IN ACCORDANCE WITH APPLICABLE PROVISIONS OF THE SECURITIES LAWS OF CERTAIN STATES, IF ANY, IN WHICH THE SERIES 2004 BONDS HAVE BEEN REGISTERED OR QUALIFIED AND THE EXEMPTION FROM REGISTRATION OR QUALIFICATION IN CERTAIN OTHER STATES CANNOT BE REGARDED AS A RECOMMENDATION THEREOF. NEITHER THESE STATES NOR ANY OF THEIR AGENCIES HAVE PASSED UPON THE MERITS OF THE SERIES 2004 BONDS OR THE ACCURACY OR COMPLETENESS OF THIS OFFICIAL STATEMENT. ANY REPRESENTATION TO THE CONTRARY MAY BE A CRIMINAL OFFENSE. Other than with respect to information concerning MBIA Insurance Corporation contained under the caption "BOND INSURANCE" and Appendix D "Specimen Municipal Bond Insurance Policy" herein, none of the information in this Official Statement has been supplied or verified by MBIA Insurance Corporation and MBIA Insurance Corporation makes no representation or warranty, express or implied, as to (i) the accuracy or completeness of such information; (ii) the validity of the Series 2004 Bonds; or (iii) the tax-exempt status of the interest on the Series 2004 Bonds. TABLE OF CONTENTS Page INTRODUCTION .......................................................................................................................... 1 PURPOSE OF SERIES 2004 BONDS ......................................................................................... 1 SOURCES AND USES OF FUNDS ............................................................................................. 2 Sources of Funds ................................................................................................................ 2 Uses of Funds ...................................................................................................................... 2 DESCRIPTION OF THE SERIES 2004 BONDS ....................................................................... 3 General ................................................................................................................................ 3 Book-Entry Only System ................................................................................................... 3 Negotiability, Registration and Cancellation .................................................................. Transfer and Exchange ..................................................................................................... 7 Redemption Provisions ...................................................................................................... 7 SECURITY FOR THE SERIES 2004 BONDS ........................................................................... 8 Pledge of Ad Valorem Taxes ............................................................................................. Assessments ........................................................................................................................ 8 Collections ........................................................................................................................... 9 Delinquent Taxes ................................................................................................................ 9 BOND INSURANCE ................................................................................................................... 13 Bond Insurance Policy ..................................................................................................... 13 The MBIA Insurance Corporation Insurance Policy ................................................... 13 MBIA ................................................................................................................................. 14 MBIA Information ........................................................................................................... Financial Strength Ratings of MBIA ............................................................................. THE CITY .................................................................................................................................... Location and Size ............................................................................................................. Brief Description .............................................................................................................. Budgeting, Accounting and Auditing ............................................................................. Operating Budget for Fiscal Year Ended September 30, 2003 .................................... 17 State Assessment Cap ...................................................................................................... 17 LEGAL DEBT LIMITATIONS ................................................................................................. 18 The Florida Constitution ................................................................................................. 18 DEBT SUMMARY ...................................................................................................................... 18 Selected Debt Data ........................................................................................................... 19 RATINGS ..................................................................................................................................... 21 LEGALITY .................................................................................................................................. 21 TAX EXEMPTION ..................................................................................................................... 21 UNDERWRITING ....................................................................................................................... 23 CONTINUING DISCLOSURE UNDERTAKING ................................................................... 23 ENFORCEABILITY OF REMEDIES ...................................................................................... 26 LITIGATION ............................................................................................................................... 26 GENERAL PURPOSE FINANCIAL STATEMENTS ............................................................ 27 FINANCIAL ADVISOR ............................................................................................................. 27 MISCELLANEOUS .................................................................................................................... 27 AUTHORIZATION OF AND CERTIFICATION CONCERNING OFFICIAL STATEMENT .............................................................................................................................. 28 APPENDIX A GENERAL INFORMATION CONCERNING THE CITY OF DELRAY BEACH, FLORIDA AND PALM BEACH COUNTY APPENDIX B CITY OF DELRAY BEACH, FLORIDA GENERAL PURPOSE FINANCIAL STATEMENTS AND OTHER INFORMATION FOR THE FISCAL YEAR ENDED SEPTEMBER 30, 2003 APPENDIX C FORM OF APPROVING OPINION OF BOND COUNSEL APPENDIX D SPECIMEN MUNICIPAL BOND INSURANCE POLICY ii OFFICIAL STATEMENT $ The City of Delray Beach, Florida General Obligation Bonds, Series 2004 (Recreational and Cultural Projects) INTRODUCTION The purpose of this Official Statement, which includes its cover page and certain enclosed Appendices, is to furnish information with respect to the issuance by the City of Delray Beach, Florida (the "City") of its General Obligation Bonds, Series 2004 (Recreational and Cultural Projects) (the "Series 2004 Bonds") in the aggregate principal amount ors The Series 2004 Bonds are being issued under the authority of and in full compliance with the Constitution and laws of the State of Florida, including Chapter 166, Florida Statutes, as amended and supplemented, the City Charter, as amended and supplemented, and other applicable provisions of law. The Series 2004 Bonds are being issued more specifically pursuant to Resolution No. 72-03 (the "Referendum Resolution"), adopted by the City Commission of the City (the "Commission") on October 21, 2003 and Resolution No. 61-04, adopted by the Commission on September 7, 2004 as supplemented by Resolution No. 62-04, adopted by the Commission on September 7, 2004, which authorized the issuance by the City of up to $24,000,000 in General Obligation Bonds in one or more series and sets forth the details of the Series 2004 Bonds (the "Series 2004 Resolution" and together with the Referendum Resolution, the "Resolution"). On January 20, 2004, a majority of the qualified electors of the City approved the issuance of the Series 2004 Bonds by thc City to finance the Projects (as defined below) in the principal amounts prescribed in the Referendum Resolution. Capitalized terms not otherwise defined in this Official Statement shall have the same meanings assigned to such terms in the Series 2004 Resolution. The description of the Series 2004 Bonds, the Resolution, the description of certain statutory provisions and the information from various reports and statements contained in this Official Statement are not comprehensive or definitive. All references to such documents, reports and statements are qualified by the actual content of such documents, reports and statements, copies of which may be obtained by contacting the Director of Finance, City of Delray Beach, Florida, 100 NW First Avenue, Delray Beach, FL 33444, (561) 243-7116 or during the offering period of the Series 2004 Bonds from Public Financial Management, Inc., financial advisor to the City, (407) 648-2208. PURPOSE OF SERIES 2004 BONDS The Series 2004 Bonds will be issued by the City to (i) finance all or a portion of the costs of acquisition and construction, reconstruction and equipping of new and certain existing parks (in the principal amount not exceeding $9,000,000), new and existing recreation centers (in the principal amount not exceeding $7,000,000), a parking garage and capital improvements as part of the expansion of Old School Square (in the principal amount not exceeding $7,000,000) and the furnishings and fixtures for the new library (in the principal amount not exceeding Preliminary, subject to change. $1,000,000) (collectively, the "Projects"); and (ii) pay the costs of issuance of the Series 2004 Bonds, including the premium fee for the Bond Insurance Policy. SOURCES AND USES OF FUNDS The proceeds to be received from the sale of the Series 2004 Bonds are expected to be applied as follows: Sources of Funds Principal Amount of Series 2004 Bonds ................................................... $ [Original Issue Premium] ......................................................................... Total Sources of Funds .......................................... $ Uses of Funds Deposit to Capital Projects Fund .............................................................. $ Underwriter's Discount ............................................................................. Costs of Issuance (~) ................................................................................... Total Uses of Funds ............................................... $ Includes the premium for the Bond Insurance Policy. [Remainder of page intentionally left blank]. 2 DESCRIPTION OF THE SERIES 2004 BONDS General The Series 2004 Bonds will be dated the date of delivery and will mature on February 1 of the years and in the principal amounts set forth on the inside cover page hereof. The Series 2004 Bonds will be initially issued only in the form of fully registered bonds in denominations of $5,000 or any integral multiple thereof. Interest on the Series 2004 Bonds is payable semiannually commencing February 1, 2005, and each August 1 and February 1 thereafter at the rates per annum set forth on the inside cover page hereof. Wells Fargo Bank, National Association, having a designated corporate trust office in Minneapolis, Minnesota, will serve as bond registrar (the "Bond Registrar") and paying agent (the "Paying Agent") for the Series 2004 Bonds. The Series 2004 Bonds will be issued as fully registered Bonds and, when issued, will be registered in the name of Cede & Co., as nominee of the Depository Trust Company, New York, New York ("DTC"). So long as the Series 2004 Bonds shall be in book-enVy form, the principal of and interest on such Series 2004 Bonds is payable by check or draft mailed or wire transfer to Cede & Co., as nominee of DTC and registered owners thereof for redistribution by DTC to the DTC Participants (as herein de£med) and in turn to Beneficial Owners (as herein defined) as described below under "Book-Entry Only System." Book-Entry Only System The Depository Trust Company ("DTC"), New York, New York, will act as securities depository for the Series 2004 Bonds under a book-entry system with no physical distribution of the Series 2004 Bonds made to the public. The Series 2004 Bonds will initially be issued as fully-registered securities, registered in the name of Cede & Co. (DTC's partnership nominee), or such other name as may be requested by an authorized representative of DTC. One fully- registered Series 2004 Bond certificate will be issued for the aggregate principal amount of each maturity of the Series 2004 Bonds and will be deposited with DTC. DTC, the world's largest depository, is a limited-purpose trust company organized under the New York Banking Law, a "banking organization" within the meaning of the New York Banking Law, a member of the Federal Reserve System, a "clearing corporation" within the meaning of the New York Uniform Commercial Code, and a "clearing agency" registered pursuant to the provisions of Section 17A of the Securities Exchange Act of 1934, as amended. DTC holds and provides asset servicing for over 2 million issues of U.S. and non-U.S, equity issues, corporate and municipal debt issues, and money market instruments from over 85 countries that DTC's participants ("Direct Participants") deposit with DTC. DTC also facilitates the post-trade settlement among Direct Participants of securities transactions, such as transfers and pledges, in deposited securities through electronic computerized book-entry changes in Direct Participants' accounts, thereby eliminating the need for physical movement of securities certificates. Direct Participants include both U.S. and non-U.S, securities brokers and dealers, banks, trust companies, clearing corporations, and certain other organizations. DTC is a wholly- owned subsidiary of The Depository Trust & Clearing Corporation ("DTCC"). DTCC, in turn, is owned by a number of its Direct Participants and members of the National Securities Clearing Corporation, Government Securities Clearing Corporation, MBS Clearing Corporation and 3 Emerging Markets Clearing Corporation (NSCC, GSCC, MBSCC and EMCC, also subsidiaries of DTCC), as well as by the New York Stock Exchange, Inc., the American Stock Exchange, LLC and the National Association of Securities Dealers, Inc. Access to the DTC system is also available to others such as both U.S. and non-U.S, securities brokers and dealers, banks and trust companies that clear through or maintain a custodial relationship with a Direct Participant, either directly or indirectly ("Indirect Participants"). The rules applicable to DTC and its Direct and Indirect Participants are on file with the Securities and Exchange Commission. More information about DTC can be found at www.dtcc.com. Purchases of the Series 2004 Bonds under the DTC system must be made by or through Direct Participants, which will receive a credit for the Series 2004 Bonds on DTC's records. The ownership interest of each actual purchaser of each Series 2004 Bond ("Beneficial Owner") is in turn to be recorded on the Direct and Indirect Participants' records. Beneficial Owners will not receive written confirmation from DTC of their purchase, but Beneficial Owners are expected to receive written confirmations providing details of the transaction, as well as periodic statements of their holdings, from the Direct or Indirect Participant through which the Beneficial Owner entered into the transaction. Transfers of ownership interests in the Series 2004 Bonds are to be accomplished by entries made on the books of Direct and Indirect Participants acting on behalf of Beneficial Owners. Beneficial Owners will not receive certificates representing their ownership interests in the Bonds, except in the event that use of the book-entry system for the Series 2004 Bonds is discontinued. To facilitate subsequent transfers, all Series 2004 Bonds deposited by Direct Participants with DTC are registered in the name of DTC's partnership nominee, Cede & Co., or such other name as may be requested by an authorized representative of DTC. The deposit of Series 2004 Bonds with DTC and their registration in the name of Cede & Co., or such other DTC nominee, does not effect any change in beneficial ownership. DTC has no knowledge of the actual Beneficial Owners of the Series 2004 Bonds; DTC's records reflect only the identity of the Direct Participants to whose accounts such Bonds are credited, which may or may not be the Beneficial Owners. The Direct and Indirect Participants will remain responsible for keeping account of their holdings on behalf of their customers. Conveyance of notices and other communications by DTC to Direct Participants, by Direct Participants to Indirect Participants, and by Direct Participants and Indirect Participants to Beneficial Owners will be governed by arrangements among them, subject to any statutory or regulatory requirements as may be in effect from time to time. Beneficial Owners of Series 2004 Bonds may wish to take certain steps to augment transmission to them of notices of significant events with respect to the Series 2004 Bonds, such as redemptions, tenders, defaults and proposed amendments to the Series 2004 Bond documents. For example, Beneficial Owners of Series 2004 Bonds may wish to ascertain that the nominee holding the Series 2004 Bonds for their benefit has agreed to obtain and transmit notices to Beneficial Owners, or in the alternative, Beneficial Owners may wish to provide their names and addresses to the Paying Agent and request that copies of the notices be provided directly to them. Redemption notices shall be sent to DTC. If less than all of the Series 2004 Bonds within an issue are being redeemed, DTC's practice is to determine by lot the amount of the interest of each Direct Participant in such issue to be redeemed. 4 Neither DTC nor Cede & Co. (nor such other DTC nominee) will consent or vote with respect to the Series 2004 Bonds unless authorized by a Direct Participant in accordance with DTC's procedures. Under its usual procedures, DTC mails an Omnibus Proxy to the Paying Agent as soon as possible after the record date. The Omnibus Proxy assigns Cede & Co.'s consenting or voting rights to those Direct Participants to whose accounts the Series 2004 Bonds are credited on the record date (identified in a listing attached to the Omnibus Proxy). Principal and interest payments on the Series 2004 Bonds will be made to Cede & Co., or such other nominee as may be requested by an authorized representative of DTC. DTC's practice is to credit Direct Participants' accounts upon DTC's receipt of funds and corresponding detail information from the City or Paying Agent, on the payable date in accordance with their respective holdings shown on DTC's records. Payments by Direct and Indirect Participants to Beneficial Owners will be governed by standing instructions and customary practices, as is the case with securities held for the accounts of customers in bearer form or registered in "street name," and will be the responsibility of such Direct and Indirect Participants and not of DTC (or its nominee), the City or the Paying Agent subject to any statutory or regulatory requirements as may be in effect from time to time. Payment of principal, premium, if any, and interest to Cede & Co. (or such other nominee as may be requested by an authorized representative of DTC) is the responsibility of the Paying Agent, disbursement of such payments to Direct Participants shall be the responsibility of DTC, and disbursement of such payments to the Beneficial Owners shall be the responsibility of Direct and Indirect Participants. DTC may discontinue providing its services as securities depository with respect to the Series 2004 Bonds at any time by giving reasonable notice to the City or the Paying Agent. Under such circumstances, in the event that a successor securities depository is not obtained, Series 2004 Bond certificates are required to be prepared, executed and delivered. Pursuant to the procedures of DTC, the City may decide to discontinue use of the system of book-entry transfers through DTC (or a successor securities depository). In that event, either a successor securities depository will be selected by the City or Series 2004 Bond certificates will be prepared, executed and delivered. In the event of insolvency of DTC, if DTC has insufficient securities in its custody (e.g., due to theft or loss) to satisfy the claims of its Direct Participants with respect to deposited securities and is unable by application of (i) cash deposits and securities pledged to DTC to protect DTC against losses and liabilities, (ii) the proceeds of insurance maintained by DTC and/or its Direct Participants or Indirect Participants or (iii) other resources, to obtain securities necessary to eliminate the insufficiency, no assurances can be given that Direct Participants will be able to obtain all of their deposited securities. THE CITY, THE BOND REGISTRAR AND THE PAYING AGENT WILL NOT HAVE ANY RESPONSIBILITY OR OBLIGATION TO DTC PARTICIPANTS, BENEFICIAL OWNERS OR OTHER NOMINEES OF SUCH BENEFICIAL OWNERS FOR (A) SENDING TRANSACTION STATEMENTS; (B) MAINTAINING, SUPERVISING OR REVIEWING THE ACCURACY OF ANY RECORDS MAINTAINED BY DTC OR ANY DTC PARTICIPANT OR OTHER NOMINEES OF SUCH BENEFICIAL OWNERS; (C) PAYMENT OR THE TIMELINESS OF PAYMENT BY DTC TO ANY DTC PARTICIPANT, OR BY ANY DTC PARTICIPANT OR OTHER NOMINEES OF BENEFICIAL OWNERS TO ANY BENEFICIAL OWNER, OF ANY 5 AMOUNT DUE IN RESPECT OF THE PRINCIPAL OF OR REDEMPTION PREMIUM, IF ANY, OR INTEREST ON BOOK-ENTRY SERIES 2004 BONDS; (D) DELIVERY OR TIMELY DELIVERY BY DTC TO ANY DTC PARTICIPANT, OR BY ANY DTC PARTICIPANT OR OTHER NOMINEES OF BENEFICIAL OWNERS TO ANY BENEFICIAL OWNERS, OF ANY NOTICE (INCLUDING NOTICE OF REDEMPTION) OR OTHER COMMUNICATION WHICH IS REQUIRED OR PERMITTED UNDER THE TERMS OF THE SERIES 2004 RESOLUTION TO BE GIVEN TO HOLDERS OR OWNERS OF BOOK-ENTRY SERIES 2004 BONDS; (E) THE SELECTION OF THE BENEFICIAL OWNERS TO RECEIVE PAYMENT IN THE EVENT OF ANY PARTIAL REDEMPTION OF BOOK-ENTRY SERIES 2004 BONDS, OR (F) ANY ACTION TAKEN BY DTC OR ITS NOMINEE AS THE REGISTERED OWNER OF THE BOOK-ENTRY SERIES 2004 BONDS. The information in this section concerning DTC and DTC's book-entry system has been obtained from DTC and other sources that the City believes to be reliable, but the City takes no responsibility for the accuracy thereof. Negotiability, Registration and Cancellation Subject to the provisions of the Series 2004 Resolution, at the option of any registered owner of the Series 2004 Bonds and upon surrender at the designated corporate trust office of the Bond Registrar, with a written instrument of transfer satisfactory to the Bond Registrar duly executed by the registered holder of a Series 2004 Bond or his duly authorized attorney, and upon payment by such holder of any charges which the Bond Registrar or the City may make as provided in this Section, the Series 2004 Bonds may be exchanged for Series 2004 Bonds of the same series and maturity of any other authorized denominations. The Bond Registrar shall keep books for the registration of Series 2004 Bonds and for the registration of transfers of Series 2004 Bonds as provided in the Series 2004 Resolution. The Series 2004 Bonds shall be transferable by the registered owner thereof in person or by his attorney duly authorized in writing only upon the books of the City kept by the Bond Registrar and only upon surrender thereof together with a written instrument of transfer satisfactory to the Bond Registrar duly executed by the registered holder or his authorized attorney. Upon the transfer of any such Series 2004 Bond, the City shall issue in the name of the tnmsferee a new Series 2004 Bond or Series 2004 Bonds. The City, the Paying Agent and the Bond Registrar shall deem and treat the person in whose name any Series 2004 Bond shall be registered upon the books kept by the Bond Registrar as the absolute holder of such Series 2004 Bond, whether such Series 2004 Bond shall be overdue or not, for the purpose of receiving payment of, or on account of, the principal of, premium, if any, and interest on such Series 2004 Bond as the same become due and for all other purposes. All such payments so made to any such holder or upon his order shall be valid and effectual to satisfy and discharge the liability upon such Series 2004 Bond to the extent of the sum or sums so paid, and neither the City, the Paying Agent, nor the Bond Registrar shall be affected by any notice to the contrary. [Remainder of page intentionally left blank]. 6 Transfer and Exchange Subject to the provisions of the Series 2004 Resolution, in all cases in which the privilege of exchanging Series 2004 Bonds or transferring Series 2004 Bonds is exercised, the City shall execute and the Bond Registrar shall authenticate and deliver Series 2004 Bonds in accordance with the provisions of the Series 2004 Resolution. All Series 2004 Bonds surrendered in any such exchanges or transfers shall forthwith be delivered to the Bond Registrar and cancelled by the Bond Registrar in the manner provided by the Series 2004 Resolution. There shall be no charge for any such exchange or transfer of Series 2004 Bonds, but the City or the Bond Registrar may require payment of a sum sufficient to pay taxes, fees or other governmental charges required to be paid with respect to such exchange or transfer. Neither the City nor the Bond Registrar shall be required to (a) transfer or exchange Series 2004 Bonds for a period from the Record Date to the next ensuing interest payment date on such Series 2004 Bonds, or fifteen (15) days next preceding any selection of Series 2004 Bonds to be redeemed or thereafter until the mailing of any notice of redemption; or (b) to transfer or exchange any Series 2004 Bonds called for redemption. Redemption Provisions Optional Redemption. The Series 2004 Bonds maturing on February 1, 2015 and thereafter are subject to redemption, at the option of the City prior to maturity on or after February 1, 2014, in whole at any time or in part from time to time on the first day of any month in such manner as shall be determined by the City, at a redemption price equal to the principal amount of the Series 2004 Bonds to be redeemed together with accrued interest to the date fixed for redemption. If less than all of the Series 2004 Bonds are called for redemption, the Series 2004 Bonds to be redeemed shall be selected in such manner as the City, in its discretion, shall determine, and if less than all of a maturity shall be called for redemption, the Series 2004 Bonds to be redeemed shall be selected by lot within such maturity. Mandatory Redemption. The Series 2004 Bonds shall be subject to mandatory sinking fund redemption, at the election of the successful bidder, on February 1 in the years 200_ through 20__. Notice of Redemption. Notice of redemption of the Series 2004 Bonds shall be mailed, postage prepaid, by the Bond Registrar at least thirty (30) and not more than sixty (60) days before the date fixed for redemption to the registered owners of any of the Series 2004 Bonds or portions of the Series 2004 Bonds which are to be redeemed, at their addresses as they appear fifteen (15) days prior to the date such notice is mailed on the registration books of the City kept by the Bond Registrar. Such notice of redemption shall set forth (i) the date fixed for redemption, (ii) the redemption price to be paid, (iii) the name and address of the Bond Registrar, (iv) if less than all of the Series 2004 Bonds shall be called for redemption, the distinctive numbers, letters and CUSIP identification numbers, if any, of such Series 2004 Bonds to be redeemed, (v) in the case of Series 2004 Bonds to be redeemed in part only, the portion of the principal amount thereof to be redeemed, and (vi) any other information the City or the Bond Registrar deems relevant. Subject to the rules of the Securities Depository, in case any Series 2004 Bond is to be redeemed 7 in part only, the notice of redemption that relates to such Series 2004 Bond shall state also that on or after the redemption date, upon surrender of the Series 2004 Bond, a new Series 2004 Bond or Series 2004 Bonds of the same maturity, bearing interest at the same rate and in aggregate principal amount equal to the unredeemed portion of such Series 2004 Bond, will be issued. Failure of the registered owner of any Series 2004 Bonds which are to be redeemed to receive any such notice shall not affect the validity of the proceedings for the redemption of Series 2004 Bonds for which proper notice has been given. Interest shall cease to accrue on any of the Series 2004 Bonds duly called for prior redemption if payment of the redemption price has been duly made or provided for. SECURITY FOR THE SERIES 2004 BONDS Pledge of Ad Valorem Taxes The Series 2004 Bonds are general obligations of the City for which its full faith and credit have been irrevocably pledged. The Series 2004 Bonds are payable from unlimited ad valorem taxes levied on all taxable property located in the City (excluding homestead exemptions) as required by applicable law. The taxes assessed, levied and collected for the security and payment of the Series 2004 Bonds are required, pursuant to the terms of the Series 2004 Resolution, to be assessed, levied and collected and the proceeds of said taxes, except as described above and in the Series 2004 Resolution, are to be applied solely to the payment of the principal of and interest on the Series 2004 Bonds. All ad valorem taxes collected for the Series 2004 Bonds shall be deposited in a special fund known as the "Sinking Fund" which was created and established by the Series 2004 Resolution. Moneys on deposit in the Sinking Fund will be used solely for the payment of principal and redemption premium, if any, of and interest due on the Series 2004 Bonds. Assessments Under Florida law, all taxable real property and personal property must be assessed at fair market value, with some exceptions. Real and personal property valuations arc determined each year as of January 1 by the Palm Beach County Property Appraiser's office. Thc assessment roll for real property is prepared between January and July 1, and each taxpayer is given notice by mail of its proposed assessed property value. Thc property owner has the fight to file an appeal with the Value Adjustment Board, which considers petitions relating to assessments and exemptions. A property owner who objects to a determination by the Value Adjustment Board may file an appeal in Circuit Court. The Value Adjustment Board certifies the assessment roll upon completion of the hearing of all appeals, other than those to the Circuit Court. Millage rates are then computed by the various taxing authorities and certified to the Property Appraiser, who applies the millage rates to the assessment roll to create the tax roll. The tax roll is then turned over to the Tax Collector for collection. The Florida Constitution entitles each real property owner who is a permanent resident of the State as of January I to a $25,000 homestead exemption on his or her primary residential property. In addition, the following uses of real property are generally exempt from ad valorem taxation: religious, educational, charitable, scientific, literary and governmental. There are also special exemptions for widows, aged persons and disabled veterans. The tax on personal 8 property covers only tangible personal property and exempts, among other things, household goods and personal effects and inventory. Collections All real and personal property taxes are due and payable on November 1 of each year, or as soon thereafter as the tax roll is certified and delivered to the Tax Collector. A notice is mailed to each property owner on the tax roll for taxes levied by the County, school board and other taxing authorities. Taxes may be paid upon receipt of such notice, with discounts at the rate of 4% if paid in the month of November; 3% if paid in the month of December, 2% if paid in the month of January; and 1% if paid in the month of February. Taxes paid during the month of March are without discount. All unpaid real and personal property taxes become delinquent on April 1 of the year following the year in which the taxes are levied. Delinquent Taxes In the event of a delinquency in the payment of taxes on real property, the County Tax Collector is required to sell tax certificates on such property to the person who pays the delinquent taxes and interest and certain costs and charges relating thereto, and who accepts the lowest interest rate per annum to be borne by the certificates (which shall in no event be more than eighteen percent (18 %) per annum). Delinquent taxes may be paid by a taxpayer prior to the date of sale of a tax certificate by the payment of such taxes, together with interest and all costs and charges relating thereto. Tax certificates are sold by public bid, and in case there are no bidders, the certificate is issued to the County without payment of the delinquent taxes in which the assessed lands are located. Proceeds from the sale of tax certificates are required to be used to pay taxes, interest, costs and charges on the land described in the certificate. County-held tax certificates may be purchased, and any tax certificate may be redeemed, in whole or in part, by any person at any time before a tax deed is issued or the property is placed on the list of lands available for sale, at a price equal to the face amount of the certificate or portion thereof, together with all interest, costs, and charges due. The proceeds of such a redemption are paid to the County Tax Collector who transmits to the holder of the certificate such proceeds less service charges, and the certificate is cancelled. Any holder, other than the County, of a tax certificate which has not been redeemed has seven (7) years from the date of issuance of the tax certificate during which to act against the land that is the subject of the tax certificate. After an initial period ending two (2) years from April 1 of the year of issuance of a tax certificate, during which period actions against the land are held in abeyance (except with respect to County-held certificates) to allow for sales and redemptions of tax certificates, the holder of a certificate may apply for a tax deed to the subject land. The applicant, other than the County, is required to pay to the County Tax Collector all amounts required to redeem or purchase all outstanding tax certificates not held by the applicant covering the land, any omitted taxes or delinquent taxes, current taxes, and interest if due, covering the land. If the County holds a tax certificate and has not succeeded in selling it, the County must apply for a tax deed within two (2) years after April 1 of the year of issuance. The County pays costs and fees to the County Tax Collector but not any amount to redeem any other outstanding certificates covering the land. Thereafter, the property is advertised for public sale. 9 In any such public sale, the private holder of the tax certificate who is seeking a tax deed for non-homestead property is deemed to submit a minimum bid equal to the amount required to redeem the tax certificate, charges for the cost of sale, redemption of other tax certificates on the land, and the amount paid by such holder in applying for the tax deed, plus interest thereon. In the case of homestead property, the bid is also deemed to include an amount equal to one-half (1/2) of the latest assessed value of the homestead. If there are no higher bidders, the holder receives title to the land and the amounts paid for the certificate and in applying for a tax deed are credited towards the purchase price. If there are higher bidders, the holder may enter the bidding. The highest bidder is awarded title to the land. The portion of the proceeds of such sale needed to redeem the tax certificate (and all other amounts paid by such holder in applying for a tax deed), plus interest, are forwarded to the holder thereof or credited to such holder if such holder is the successful bidder. Excess proceeds are distributed first to satisfy governmental liens against the land and then to the former title holder of the property (less service charges), lienholders of record, mortgagees of record, vendees of recorded contracts for deeds, and other lienholders and any other person to whom the land was assessed on the tax roll for the year in which the land was assessed, all as their interests may appear. If there are no bidders at the public sale, the County may at any time within ninety (90) days from the date of offering for public sale purchase the land for a statutorily prescribed minimum bid. After ninety (90) days have passed, any person, or governmental unit may purchase the land by paying the amount of the minimum bid. Seven (7) years from the date of offering for public sale, unsold lands escheat to the County. For a discussion of the constitutional limitation on the annual increase in assessed valuation of homestead (primary residence) property, see "THE CITY-State Assessment Cap" herein. [Remainder of page intentionally left blank.] 10 PRINCIPAL TAXPAYERS (UNAUDITED) Percentage 2003 of Total Taxpayer Taxes Levied Taxes Levied(i) Linton Delray LLC $ 856,346 2.67% Citation Club 825 074 2.57% Office Depot, Inc. 728 366 2.27% Delray Intracoastal 594 689 1.85% Realty Associates Fund V 560 007 1.74% Ocean Property LTD 523 327 1.63% Depot Realty 479 365 1.49% Summit Properties Partnership LP 461 226 1.44% 125 Via Deste Aprtmts Invstrs LLC 457 515 1.43% Palm Beach County Health Facilities 419,714 J.31% $5,905,629 18.39% Source: Comprehensive Annual Financial Report of the City dated September 30, 2003. O) Total taxes levied for fiscal year 2003 are $32,069,034. CITY OF DELRAY BEACH, FLORIDA ASSESSED VALUE OF TAXABLE PROPERTY (UNAUDITED) LAST TEN FISCAL YEARS Personal Fiscal Real Property Property Centrally Total Year Ended Assessed Value Assessed Value Assessed Value Assessed Value 1994 $2,273,414,571 $161,191,710 $ 874,344 $2,435,480,625 1995 2,285,093,258 182,359,842 1,080,285 2,468,533,385 1996 2,345,831,009 194,562,246 1,190,016 2,541,583,271 1997 2,415,411,016 214,958,684 1,180,501 2,631,550,201 1998 2,526,205,305 231,129,006 1,602,085 2,758,936,396 1999 2,726,830,716 235,458,142 1,538,111 2,963,826,969 2000 2,908,069,980 260,128,321 1,625,553 3,169,823,854 2001 3,108,896,577 283,054,206 1,622,853 3,393,573,636 2002 3,468,430,111 289,581,133 1,589,665 3,759,600,909 2003 3,866,677,077 283,162,580 1,623,001 4,151,462,658 2004 4,438,122,578 265,666,772 2,013,779 4,705,803,129 Source: Palm Beach County Property Appraiser's Office. 11 CITY OF DELRAY BEACH, FLORIDA PROPERTY TAX LEVIES AND COLLECTIONS (UNAUDITED) Fiscal Total Total Outstanding Year Current Percent Delinquent Property Collections Outstanding Delinquent Ended Net Tax Tax Of Levy Tax Tax as a % of Delinquent Taxes of % of 9/30 Levy(O Collections Collected Collections Collections Current Levy Taxes Current Levv 1994 $18,888,080 $18,712,867 99.07% $ 61,001 $18,773.868 99.40% $708,344 3.75% 1995 18,994,194 18,837,457 99.17% 113,520 18,950,977 99.77% 727.734 3.83% 1996 19,422,203 19,297,375 99.36% 76,933 19,374,308 99.75% 770,330 3.97% 1997 20.004,670 19,910,114 99.53% 36,456 19,946,570 99.71% 824,842 4.12% 1998 20,821,315 20,731,763 99.57% 323,954 21,055,717 101.12% 590,440 2.83% 1999 22,099,064 21,996,762 99.54% 35,853 22.032,615 99.70% 652,726 2.95% 2000 23,465,518 23,345,095 99.49% 84,164 23,429,259 99.85% 678,916 2.89% 2001 26,105,220 25,968,855 99.48% 74,076 26,042,931 99.76% 729,262 2.79% 2002 29,084,111 28,938,206 99.50% 73,040 29,011.246 99.75% 792,294 2.72% 2003 32,099,240 31,953,508 99.55% 115.526 32,069,034 99.91% 822,259 2.56% Source: Comprehensive Annual Financial Report of Delray Beach, September 30, 2003. Note: All property taxes are assessed and collected by Palm Beach County without charge to the City, and collections are distributed in full as collected. O) Tax Levy net of allowable discounts. CITY OF DELRAY BEACH, FLORIDA PROPERTY TAX RATES OF ALL OVERLAPPING GOVERNMENTS (UNAUDITED) Last Ten Fiscal Years (Per $1,000 of Assessed Value) Palm Fiscal Beach South Florida Year Palm Health Water Ended General Debt City School Beach Care Management Sept. 30 Fund Service Total District County District District Total 1994 6.8600 1.1400 8.0000 10.0630 4.5499 1.4750 0.5970 24.6849 1995 6.8800 1.0700 7.9500 10.1850 4.5193 1.4500 0.5970 24.7013 1996 6.8700 1.0300 7.9000 9.8170 4.5191 1.4500 0.6470 24.3331 1997 6.9500 0.9000 7.8500 9.7880 4.5191 1.2000 0.6720 24.0291 1998 6.9500 0.8500 7.8000 9.5570 4.6000 1.1600 0.6970 23.8140 1999 6.9100 0.7900 7.7000 9.6820 4.6000 1.0500 0.6970 23.7290 2000 6.9100 0.7400 7.6500 9.0430 4.6000 0.9750 0.6970 22.9650 2001 7.2600 0.6900 7.9500 8.9180 4.6000 1.0250 0.6970 23.1900 2002 7.3700 0.6300 8.0000 8.9480 4.5500 1.1500 0.6970 23.3450 2003 7.4400 0.5600 8.0000 8.7790 4.5000 1.1300 0.6930 23.1020 Tax rate limits: Ten mills per Florida Statute 200.081 (one mill is $1 per $1,000 assessed value). Scope of tax rate limit No municipality shall levy ad valorem taxes for real and tangible personal property in excess of ten mills of the assessed value, except for special benefits and debt service on obligations issued with' the approval of those taxpayers subject 12 to ad valorem taxes. Taxes due: March 31 Taxes delinquent: April 1 Discount Allowed: 4% November, 3% December, 2% January, 1% March Penalties for delinquency: 3% plus advertising costs after April 1 Tax Collector: Palm Beach County Tax Collector's Commission: None Source: Comprehensive Annual Financial Report of Delray Beach, September 30, 2003, and Finance Department of the City. BOND INSURANCE Bond Insurance Policy Concurrently with the issuance of the Series 2004 Bonds, MBIA Insurance Corporation ("MBIA') will issue its Municipal Bond Insurance Policy for the Series 2004 Bonds (the "Policy"). The Policy guarantees the scheduled payment of principal of and interest on the Series 2004 Bonds when due as set forth in the form of thc Policy included as in Appendix D to this Official Statement. The Policy is not covered by any insurance security or guaranty fund established under New York, California, Connecticut or Florida insurance law. The MBIA Insurance Corporation Insurance Policy The following information has been furnished by MBIA for use in this Official Statement. Reference is made to Appendix D for a specimen of MBIA's policy. MBIA's policy unconditionally and irrevocably guarantees the full and complete payment required to be made by or on behalf of the City to the Paying Agent or its successor of an amount equal to (i) the principal of (either at the stated maturity or by an advancement of maturity pursuant to a mandatory sinking fund payment) and interest on, the Series 2004 Bonds as such payments shall become due but shall not be so paid (except that in the event of any acceleration of the due date of such principal by reason of mandatory or optional redemption or acceleration resulting from default or otherwise, other than any advancement of maturity pursuant to a mandatory sinking fund payment, the payments guaranteed by MBIA's policy shall be made in such amounts and at such times as such payments of principal would have been due had there not been any such acceleration); and (ii) the reimbursement of any such payment which is subsequently recovered from any owner of the Series 2004 Bonds pursuant to a final judgment by a court of competent jurisdiction that such payment constitutes an avoidable preference to such owner within the meaning of any applicable bankruptcy law (a "Preference"). MBIA's policy does not insure against loss of any prepayment premium which may at any time be payable with respect to any Series 2004 Bond. MBIA's policy does not, under any circumstance, insure against loss relating to: (i) optional or mandatory redemptions (other than 13 mandatory sinking fund redemptions); (ii) any payments to be made on an accelerated basis; (iii) payments of the purchase price of Series 2004 Bonds upon tender by an owner thereof; or (iv) any Preference relating to (i) through (iii) above. MBIA's policy also does not insure against nonpayment of principal of or interest on the Series 2004 Bonds resulting from the insolvency, negligence or any other act or omission of the Paying Agent or any other paying agent for the Series 2004 Bonds. Upon receipt of telephonic or telegraphic notice, such notice subsequently confirmed in writing by registered or certified mail, or upon receipt of written notice by registered or certified mall, by MBIA from the Paying Agent or any owner of a Series 2004 Bond the payment of an insured amount for which is then due, that such required payment has not been made, MBIA on the due date of such payment or within one business day after receipt of notice of such nonpayment, whichever is later, will make a deposit of funds, in an account with U.S. Bank Trust National Association, in New York, New York, or its successor, sufficient for the payment of any such insured amounts which are then due. Upon presentment and surrender of such Series 2004 Bonds or presentment of such other proof of ownership of the Series 2004 Bonds, together with any appropriate instruments of assignment to evidence the assignment of the insured amounts due on the Series 2004 Bonds as are paid by MBIA, and appropriate instruments to effect the appointment of MBIA as agent for such owners of the Series 2004 Bonds in any legal proceeding related to payment of insured amounts on the Series 2004 Bonds, such instruments being in a form satisfactory to U.S. Bank Trust National Association, U.S. Bank Trust National Association shall disburse to such owners or the Paying Agent payment of the insured amounts due on such Series 2004 Bonds, less any amount held by the Paying Agent for the payment of such insured amounts and legally available therefor. MBIA MBIA is the principal operating subsidiary of MBIA Inc., a New York Stock Exchange listed company (the "Company"). The Company is not obligated to pay the debts of or claims against MBIA. MBIA is domiciled in the State of New York and licensed to do business in and subject to regulation under the laws of all 50 states, the District of Columbia, the Commonwealth of Puerto Rico, the Commonwealth of the Northern Madana Islands, the Virgin Islands of the United States and the Territory of Guam. MBIA has three branches, one in the Republic of France, one in the Republic of Singapore and one in the Kingdom of Spain. New York has laws prescribing minimum capital requirements, limiting classes and concentrations of investments and requiring the approval of policy rates and forms. State laws also regulate the amount of both the aggregate and individual risks that may be insured, the payment of dividends by MBIA, changes in control and transactions among affiliates. Additionally, MBIA is required to maintain contingency reserves on its liabilities in certain amounts and for certain periods of time. MBIA does not accept any responsibility for the accuracy or completeness of this Official Statement or any information or disclosure contained herein, or omitted herefrom, other than with respect to the accuracy of the information regarding the policy and MBIA set forth under the heading "BOND INSURANCE." Additionally, MBIA makes no representation regarding the Series 2004 Bonds or the advisability of investing in the Series 2004 Bonds. 14 MBIA Information Thc following documents filed by the Company with the Securities and Exchange Commission (the "SEC") are incorporated herein by reference: (1) The Company's Annual Report on Form 10-K for the year ended December 31, 2003; and (2) The Company's Quarterly Report on Form 10-Q for the quarter ended June 30, 2004. Any documents filed by the Company pursuant to Sections 13(a), 13(c), 14 or 15(d) of the Exchange Act of 1934, as amended, after the date of this Official Statement and prior to the termination of the offering of the Series 2004 Bonds offered hereby shall be deemed to be incorporated by reference in this Official Statement and to be a part hereof. Any statement contained in a document incorporated or deemed to be incorporated by reference herein, or contained in this Official Statement, shall be deemed to be modified or superseded for purposes of this Official Statement to the extent that a statement contained herein or in any other subsequently filed document which also is or is deemed to be incorporated by reference herein modifies or supersedes such statement. Any such statement so modified or superseded shall not be deemed, except as so modified or superseded, to constitute a part of this Official Statement. The Company files annual, quarterly and special reports, information statements and other information with the SEC under File No. 1-9583. Copies of the SEC filings (including (1) the Company's Annual Report on Form 10-K for the year ended December 31, 2003, and (2) the Company's Quarterly Reports on Form 10-Q for the quarters ended March 31, 2004 and June 30, 2004) are available (i) over the Intemet at the SEC's web site at http://www.sec.gov; (ii) at the SEC's public reference room in Washington D.C.; (iii) over the Internet at the Company's web site at http://www.mbia.com; and (iv) at no cost, upon request to MBIA Insurance Corporation, 113 King Street, Armonk, New York 10504. The telephone number of MBIA is (914) 273- 4545. As of December 31, 2003, MBIA had admitted assets of $9.9 billion (audited), total liabilities of $6.2 billion (audited), and total capital and surplus of $3.7 billion (audited) determined in accordance with statutory accounting practices prescribed or permitted by insurance regulatory authorities. As of June 30, 2004 MBIA had admitted assets of $10.5 billion (unaudited), total liabilities of $6.7 billion (unaudited), and total capital and surplus of $3.8 billion (unaudited) determined in accordance with statutory accounting practices prescribed or permitted by insurance regulatory authorities. Financial Strength Ratings of MBIA Moody's Investors Service, Inc. rates the financial strength of MBIA "Aaa." Standard & Poor's, a division of The McGraw-Hill Companies, Inc. rates the financial strength of MBIA "AAA." Fitch Ratings rates the financial strength of MBIA "AAA." 15 Each rating of MBIA should be evaluated independently. The ratings reflect the respective rating agency's current assessment of the creditworthiness of MBIA and its ability to pay claims on its policies of insurance. Any further explanation as to the significance of the above ratings may be obtained only from the applicable rating agency. The above ratings are not recommendations to buy, sell or hold the Series 2004 Bonds, and such ratings may be subject to revision or withdrawal at any time by the rating agencies. Any downward revision or withdrawal of any of the above ratings may have an adverse effect on the market price of the Series 2004 Bonds. MBIA does not guaranty the market price of the Series 2004 Bonds nor does it guaranty that the ratings on the Series 2004 Bonds will not be revised or withdrawn. The insurance provided by this policy is not covered by the Florida Insurance Guaranty Association created under chapter 631, Florida Statutes. THE CITY Location and Size The City, located on Florida's Gold Coast in Palm Beach County with an estimated population of 62,578 (as of 2003) and sixteen square miles within its municipal boundaries. Lying 18 miles south of West Palm Beach and 50 miles north of Miami along the Atlantic Ocean, the City has been able to participate in the growth of South Florida and benefit from the economic growth of this area in general. Brief Description The City is primarily a resort and residential community of well-kept homes and recent developments of condominium apartments. The City has many recreational facilities including tennis, golf, boating, fishing, water sports, and lawn bowling. During the winter months, the hotels, motels, and restaurants fill to capacity with visiting tourists and winter residents. The City's famous mile-long beach is an attraction for residents and tourists. The Intracoastal Waterway provides boat dockage, and the Boynton Inlet gives access to the Atlantic Ocean for salt water drift fishing. Lake Ida, adjacent to the City, also provides fishing and water skiing. Further information on the City is contained in Appendix A - "General Information Concerning the City of Delray Beach, Florida and Palm Beach County." Budgeting, Accounting and Auditing The City follows these procedures in establishing the budgetary data reflected in its general purpose financial statements: 1. No later than the first regular Commission meeting in August, the City Manager submits to the City Commission a proposed operating budget for the fiscal year commencing the following October 1. The operating budget includes proposed expenditures and the means of financing them. 2. Public hearings are conducted at City Hall to obtain taxpayer comments. 16 3. The City advises the County Property Appraiser of the proposed millage rate and the day, time and place of the public hearing for budget acceptance. 4. The public hearing is held to obtain final taxpayer input and to adopt the final budget. 5. The budget and related millage rates are legally enacted through passage of separate resolutions. 6. Changes or amendments to the total budgeted expenditures of the City or a department must be approved by the City Commission; however, changes within a department which do not affect the total departmental expenditures may be approved at the administrative level. Accordingly, the legal level of control is at the department level. All unencumbered balances lapse at year end. The City reports major governmental funds consisting of a General Fund and a Capital Improvements Fund, a major Proprietary Fund consisting of a Water and Sewer Fund; as well as Internal Service Funds and Pension Trust Funds. Non-appropriated budgets, which are not legally adopted or legally required to be adopted are prepared for the Law Enforcement Trust Fund, Community Development Fund, Beautification Fund, Tennis Stadium Fund, Water and Sewer Fund, Delray Beach Municipal Golf Course Fund, Lakeview Golf Course Fund, City Marina Fund, Sanitation Fund, Stormwater Utility Fund, Central Garage Fund and the Insurance Fund. The Finance Department monitors the expenditures of these funds through the use of budgets prepared by management. Operating Budget for Fiscal Year Ended September 30, 2003 Total budgeted operating revenues and other financing sources for the General Fund for fiscal year ending September 30, 2003 are $85,360,817. See Appendix B - "City of Delray Beach, Florida General Purpose Financial Statements and other Information for the Fiscal Year ended September 30, 2003." Each month of the current fiscal year, actual revenues and expenditures of the General Fund are compared with budgeted amounts by line item. Variations of actual revenues and expenditures compared to budgeted amounts which are unfavorable are referred to the respective department heads for explanations and possible amendment. A summary report of the status of the budget is submitted to the City Manager for review and action. At the close of the 2003 fiscal year (September 30, 2003), total revenues were 110% of the annual budget amount and total expenditures were 108% of the annual budget amount. State Assessment Cap On November 3, 1992, the voters of the State of Florida passed an amendment to Article VII, Section 4 of the Florida constitution establishing a limitation of the lesser of 3% or the increase in the Consumer Price Index during the relevant year, on the annual increase in assessed valuation of homestead (primary residence) property, except in the event of a sale thereof during such year, and except as to improvements thereto during such year. The amendment did not alter any caps on millage rates otherwise set forth in the Florida Constitution. 17 Odando, FL www.pfm.com 32801-3470 Financial Management Financial and Investment Advisors September 7, 2004 The City Commission of The City of Delray Beach, Florida 100 N.W. 1~ Avenue Delray Beach, Florida 3344 ~ Dear Ladies and Gendeman: In our capacity as financial advisor to the City of Delray Beach, Florida (the "City") on the City's General Obligation Bonds, Series 2004 (the "Series 2004 Bonds"), Public Financial Management, Inc., recommends that the principal and interest on the Series 2004 Bonds be insured by a municipal bond insurance policy (the "Policy") to be issued by MBIA Insurance Corporation (the "Bond Insurer") pursuant to the terms and provisions of the commitment of such Bond Insurer to provide the Policy. This recommendation is based on the economic benefit that the City will realize on the Series 2004 Bonds as a result of procuring the Policy. Sincerely, James w. Glover Public Financial Management, Inc. Settlor Managing Consultant [ITY OF DELRrlY BEACH CITY ATTORNEY'S OFFII E TELEPHONE 561/243~7090 · FACSIMILE 561/278-4755 DELRAY BEACH Writer's Direct Line: 561/243-7091 ~ DATE: August 31, 2004 TO: City Commission David Harden, City Mana~_er FROM: Brian Shutt, Assistant City Attorney SUBJECT: Approval to Commence Legal Action against Carolina Cabana The City entered into an agreement with Carolina Cabana Company on October 3, 2000 to allow Carolina Cabana to be the exclusive provider of beach umbrellas, chairs and cabanas on the municipal beach. In exchange, Carolina Cabana was to pay the City a monthly fee. On July 2, 2002 the Commission voted to terminate the agreement with Carolina Cabana due to their failure to pay the required monthly fee. Carolina Cabana was in arrears in the amount of $11,353.00 at the time of termination. The Commission approved a reduced amount to be paid by Carolina Cabana to settle the breach of the agreement by Carolina Cabana in the amount of $8,904.00. To date no amounts have been paid by Carolina Cabana. The City has attempted to contact and collect the amount due from Carolina Cabana, however, we have not been able to do so. At this time our office is requesting the authority to commence legal action against Carolina Cabana Company. Our office is requesting that this matter be placed on the September 7, 2004 City Commission agenda. Please call if you have any questions. cc: Chevelle Nubin, Acting City Clerk Joe Safford, Finance Director Joe VVeldon, Director of Parks and Recreation Menlo To: David Harden, City Manager ~/) From: Lula Butler, Director, Community Improvement L, Date: September 1,2004 Re: Request for Lien Reduction/Community Redevelopment Agency ITEM BEFORE THE COMMISSION: Consideration of a request from the Community Redevelopment Agency (CRA) to release a portion of the liens assessed for abating certain nuisances in the form of accrued interest and administrative fees to property addressed at 17 NW 5~ Avenue. The total amount of the accrued interest and administrative fees assessed requested as the amount by which the liens are to be reduced is $3,846.59. BACKGROUND: The City Commission approved a policy goveming requests for release and/or reduction of liens at it's regular meeting of October 21,2003. The policy states that the Commission may consider reducing liens up to 100% when coming from the CRA in support of providing first- time homeownership opportunities under the Renaissance Affordable Housing Partnership program. This property was acquired through eminent domain from Mr. Leonard Davis in December 1996. Prior to that, the City had been involved in a foreclosure lawsuit with Mr. Davis and it was recommended that the CRA take the property rather than have the City pursue the lawsuit. This request is consistent with the direction and policy approved by the Commission. The total amount of the lien assessed to the subject property is $5,745.01. The CRA application to reduce the lien in the amount of the accrued interest and administrative fees is attached for your reference. They are willing to pay the City's actual out-of-pocket costs for this property. RECOMMENDATION: Staff is recommending approval of the request from the CRA to reduce the liens associated with the subject property in the amount of $3,846.59 with the prevision that the balance of the liens will be paid within 30 days of City Commission action. LB:DQ Attachment 1 Charge Breakdown Customer # 97 Name CRA Address '17 NW 5th Avenue (~ode Enforcement Unsafe Recording Fees * ~ 29.53 Administrative Costs I 635.00 69.00 Vendor Payments * 1,178.89 690.00 1,843.42 759.00 Total LedgerAugust 17, 2004 4,333.97 1,4~.04 '- Interest 2,490.55 652.04 · Hard Costs Total: 1 89.8.42 ~ __ DELRAY BEACH COMMUNITY REDEVELOPMENT AGENCY August 10, 2004 Ms. Lula Butler Director of Community Improvement City of Delray Beach 100 NW 1st Avenue Delray Beach, FL 33444 Re: 17 NW 5th Avenue Liens Request For Reduction in Municipal Liens Dear Lula: Enclosed please find a Request For Reduction of Municipal Liens Form for the property located at 17 NW 5th Avenue, formerly owned by Leonard Davis. This property was acquired through eminent domain from Mr. Leonard Davis by the CRA in December 1996. Prior to that the City had been involved in a foreclosure lawsuit with Mr. Davis and it had been recommended that the CRA take the property rather than have the City pursue the law suit. These open liens should have been taken care of following the taking, but the account is still open. The CRA would like to settle thjs~_~oen account and is requesting that the City waive the interest and fees totalin§'~5 (as of June 30, 2004) and that the CRA will pay the hard costs of $1,898.42. This is the last of these old open accounts. I would like to thank you and especially Norma for her hard work in helping me gather the facts on these old accounts so they could be resolved. Thank you for your consideration of this request. Sincerely, ontroller Cc: Diane Colonna, Executive Director RECEIVED AI~ 1 1 200/, COMM. IMP. ADMI~. 20 Norfh ~win{'on Avenue ,,. Delray 8each, Florida 33444 · Phone: 561/276-8640 · Fax: 561/276-8558 · www. delraycra.org City of Delray Beach Department of Community Improvement REQUEST FOR REDUCTION OF MUNICIPAL LIENS FORM 1. Please complete the information listed below as the requester for lien reduction. · Requester's Name (if business, please list company name and contact person): Delra¥ Beach Community Redevelopment A.qenc¥ · Address: 20 North Swinton Avenue, Delra¥ Beach, FL 33~.~,~. · Contact Telephone Number: 561-276-8640 · Fax Number: 561-276-8558 · Email Address: steele('~ci.delra¥-beach.us.fl 2. Please indicate if the company listed in 1, above (if applicable), is: [] For Profit ~ Non-Profit 3. Property information - Describe the property for which this request is being made: · Address: ori.qinalt¥ 17 NW 5th Avenue, Delra¥ Beach, FL 33444 · Property Control Number (PCN): Originally 12 - 43 - 46 -16 - 01 - 028 - 0061 · Legal Description: Ori.qinall¥ South 30 Feet of Lot 6, Block 28 4. Property acquisition information: · Date of Purchase: December 1996 · Method of Purchase - Warranty Deed, Tax Certificate, etc.: eminent domain · Purchase Pdce $ $29,200.00 5. Briefly describe exactly what you are requesting from the City: The CRA is requestin,q the City waive the administrative fees and interest for this property in the amount of $3,816,05 and allow the CRA to settle the existin,q lien by payin,q the hard costs of vendor payments and recordin,q fees totalin,q $1,898.42. 6. Briefly describe the purpose for which the subject property will be utilized and your proposed timetable for implementing such use: This property was transferred to New Urban Properties in FY 2003 and is now part of the Atlantic Grove development. Ten residential units in this development were desi,qnated and sold under the Affordable Housin,q Pro,qram. 7. Have you requested lien reductions at any other time from the City of Delray Beach? Is so, when and on what property: May 2003 -40 NW 12th Avenue November 2003 - 222 SW 34 Avenue July 2004 - 34 NW 3r~ Avenue r owner's agent) Signature Date Submitted Agent's Title Date: 9/1/2004 Agenda Item No.(~ ~ AGENDA REQUEST Agenda request to be placed on: X . Regular __ Special Workshop Consent When: September 7, 2004 Description of Agenda Item: Request to Reduce Lien from the Community Redevelopment Agency for 17 NW 5th Avenue Ordinance/Resolution Required: Yes ~) Draft Attached: Yes / No Recommendation: Approval Department Head Signature: ~::::::~ City Attorney Review/Recommendation (if applicable) Budget Director Review (required on all items involving expenditure of funds): Funding Available: Yes / No Funding Altematives: (if applicable) Account # & Description: City Manager Review: HoldAppr°veduntil:f°r agenda: &/No ~ Agenda Coordinator Review: Received: Action: Approved / Disapproved To: David Harden, City Manager \ ~[,.~ From: Lula Buffer, Director, Community Improveme Date: September 1, 2004 Re: Memorandum of Agreement Between the City of Delray Beach and Children's Services Council and Subcontracts with the Community Child Care Center and Children's Case Management Organization for FY 04/05 ITEM BEFORE THE COMMISSION: Approval of the revised Memorandum of Agreement between the City of Delray Beach and Children's Services Council (CSC) of Palm Beach County, in an amount not to exceed $766,676, in support of the Beacon Center Services at the Village Academy Elementa~ School for the period of October 1, 2004 through September 30, 2005. The approval of the subcontracts is for services being carried out by the non-profit partnem for the same period between the City and the Community Child Care Center (CCCC) and Children Case Management Organization (CCMO) for services to children and families at the Beacon Center. BACKGROUND: The Commission approved the initial Memorandum of Agreement between the City and CSC and its two non-profit partnem for the period of August 1,2004 through September 30, 2004 at the regular meeting of August 3, 2004. Staff is now submitting the agreements and budgets for Fiscal Year 2004/05 for approval. There am three (3) separate agreements submitted with this agenda item of: · Memorandum of Agreement between the City of Delray Beach and Children's Service Council awarding $766,676 for Beacon Center Services. · Agreement between the City of Delray Beach and the Community Child Care Center and subcontracting the Beacon Center Services in the amount of $603,276. · Agreement between the City of Delray Beach and the Children's Case Management Organization for Case Management Services at the Beacon Center in the amount of $163,400. RECOMMENDATION: Staff is recommending approval of all three agreements as proposed in support of services provided through the Beacon Center at Village Academy. 1 MEMORANDUM OF AGREEMENT October 1, 2004 The Children's Services Council o£ Palm Beach County ("CSC") has agreed to provide funding to the City of Delray Beach ("Central Agency") up to an amount not to exceed $766,676.00 in support of the Beacon Center at Village Academy, as described in the at~ached Exhibit "A" (Description o£ Partnership), Exhibit "B" (Budget), Exhibit "C" (Fiscal Guidelines for Central Agency & Service Provider Agencies) and Exhibit "D" (Conditions of Award), for the period October 1, 2004 through September 30, 2005. CSC agrees to trans£er funds to the Central Agency, acting as the fiscal agent for the Community Child Care Center of Delray ("Services Provider") Beacon Center at Village Academy program, for expenditures made prior to September 30, 2005 in accordance with the following schedule and terms: 1. Transfers from the Central Agency to Service Provider will be made in accordance with the following procedures: a) Upon execution of this Agreement, CSC will transfer $95,835.00 which equals 45 days of the $766,676.00 total funding allocation to the Central Agency for the period October 1, 2004 to September 30, 2005 as advance funds for the Service Provider/Beacon Center at Village Academy program; b) A subsequent transfer will be released to the Central Agency for payment of requests for reimbursement received from the Central Agency for the period effective October 1, 2004 to September 30, 2005 and as outlined on the attached Exhibit "B" (Budget) and Exhibit "C" (Fiscal Guidelines for Central Agency & Service Provider Agencies); and c) Central Agency agrees to submit for request for reimbursement by the 15th day of each month following the month in which the services were provided. CSC will not reimburse Central Agency for any expenditure under this Agreement made after September 30, 2005. 2. No transfers will be made by CSC pursuant to this Memorandum of Agreement after September 30, 2005, and the Central Agency agrees to refund any of CSC's money advanced but not expended by September 30, 2005 within 31 days. 3. Central Agency agrees to require that the Service Provider comply with all CSC certification documentation requirements including, but not limited to: · CSC Nepotism Policy Certification; · Personnel Policies and Procedures; · Job Descriptions of all funded staff positions; · Certificates of insurance (liability, and theft and auto if capital equipment or vehicle was purchased with Contractor funds); · License(s) to operate agency/program, if applicable; · Current list of Subcontractor's board members; · Sales Tax Exemption Certificate; · Service site(s) Fire Inspection Certificate(s), if applicable; · Service site(s) Health Inspection Certificate(s), if applicable Said documentation will be retained on file with the Central Agency for inspection during CSC programmatic and/or fiscal monitoring. 4. The Central Agency, through its Service Provider, agrees to provide program data on a quarterly basis, and in a format as requested by CSC's research department, as well as fiscal reports as requested by CSC. 5. Neither party will be liable for, or have any obligation to defend the other party 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. CSC and the Central Agency agree to comply with the terms of this Memorandum of Agreement. CHILDREN'S SERVICES COUNCIL OF PALM BEACH COUNTY BY: DATE: Gaetana D. Ebbole, Chief Executive Officer Children's Services Council of Palm County CITY OF DELRAY BEACH BY: DATE: Print Name Print Title AGREEMENT THIS AGREEMENT, made this day of ,2004, by and between the CITY OF DELRAY BEACH, a municipal corporation, (City), 100 NW 1st Avenue, Delray Beach, FL 33444 and Community Child Care Center of Delray Beach, 555 NW 4th Street, Delray Beach, FL 33444. WITNESSETH: WHEREAS, the City received a grant in the amount not to exceed $766,676 from the Children's Service Council (CSC) of Palm Beach County, in support of the Beacon Center at Village Academy Elementary School, located at 400 SW 12th Avenue, Defray Beach, FL, 33444. WHEREAS, the City desires to subcontract with the Community Child Care Center a local not-for profit organization, to carry out the Service and activities associated with the Beacon Center at Village Academy Elementary School. NOW THEREFORE, for good and valuable consideration, the receipt and sufficiency which are hereby acknowledged, the parties hereby agree as follows: 1. Incorporation of Recitals. The parties hereby represent and warrant that the above recitals are accurate and correct and hereby incorporate them as if fully set forth in this Agreement. 2. Term: This agreement shall commence on October 1, 2004 and terminate on September 30, 2005 with an option to renew annually. This Agreement shall be contingent upon the City's receipt of grant money from the Children's Service Council of Palm Beach County for the Beacon Center at Village Academy Elementary School. 3. Payment: Subject to Paragraph 2 above, transfers from the City to CCCC will be made in accordance with the following procedures: a) The City agrees to reimburse to CCCC for provision of services described in Exhibit "A" (consisting of the Program Compliance Items) attached hereto and made a part hereof; composite Exhibit "B" (consisting of the City's Budget, attached hereto and made a part hereof; and Exhibit "C" (consisting of the Beacon Center Activities) attached hereto and made a part hereof to the extent provided in subparagraph c) below. It is expressly understood and agreed, by and between the parties, that the services to be rendered hereunder by CCCC shall be provided in compliance with all terms and conditions set forth in the Exhibits "A", "B" and "C" as well as the terms and conditions of this formal Agreement between the City and CCCC. b) The total Payment for services rendered pursuant to this Agreement shall be up to $603,276 for October 1, 2004 through September 30, 2005 and made to CCCC monthly on a reimbursement basis. CCCC shall submit an invoice to the City by the 10th day of each month following the month in which the services were provided. The invoice will include documentation reflecting all expenditures made by CCCC under this Agreement, in whatever form reasonably required by City. Subject to the availability of funds, the City will provide reimbursement to CCCC within 30 days after receipt of the invoice. CCCC shall submit a final invoice to the City no later than September 30, 2005 (with appropriate documentation). The City will not reimburse CCCC for any expenditure made by CCCC under this Agreement that is submitted after September 30, 2005. The City has the discretion to decrease CCCC's allocation based upon the program's inability to meet the parameters outlined in the program model and/or the inability to maintain program capacity based upon quarterly reviews. 4. Reduction in Payment: Notwithstanding anything herein to the contrary, the parties agree that the dollar amount set forth in paragraph 3 above may be reduced in the event that the City determines that CCCC will not spend the entire amount allocated by September 30th fiscal year end. This determination may be made (a) during the course of reviewing a budget revision submitted by CCCC pursuant to the City's procedures or (b) based upon the City's monitoring of CCCC's program and its expenditure history. Before any such reduction becomes final, CCCC will be notified in writing of the proposed action and shall have the opportunity to address the City's Board regarding the proposed reduction. The decision of the City's Board on this issue shall be final, If the City reduces the dollar amount, CCCC may terminate this Agreement upon five (5) days notice in writing to the City. The City shall reimburse CCCC for all monies expended up to and including the effective date of the termination. 5. Overpayment: CCCC agrees to return to the City any overpayments made through inadvertence or miscalculation or because payment is disallowed as not having been properly earned under this Agreement. Such funds shall be refunded in full by CCCC to the City as follows: a. Within twenty (20) days from the date of written notification by the City to CCCC of overpayment or disallowance; or b. Within thirty (30) days following the end of this Agreement. c. The City shall have the right to deduct from any subsequent payment request submitted by CCCC, the amount of any overpayments or disallowed funds. 6. Suspension of Payment of Funds: The City may, for reasonable cause, suspend the payment of funds pending corrective action by CCCC or pending a decision by the City to terminate this Agreement. The City may, for reasonable cause, prohibit CCCC from incurring additional obligation of any funds received from the City, pending corrective action by CCCC or a decision to terminate this Agreement. Said suspension of payment of funds or obligation thereof may apply to all or part of CCCC's operations funded by the City. 7. CCCC agrees to comply with all CSC certification documentation requirements including, but not limited to: · CSC Nepotism Policy Certification; · Personnel Policies and Procedures; · Job Descriptions of all funded staff positions; · Certificates of insurance (liability, and theft and auto if capital equipment or vehicle was pumhased with Contractor funds); · License(s) to operate agency/program, if applicable; · Current list of Subcontractor's board members; · Sales Tax Exemption Certificate; · Service site(s) Fire Inspection Certificate(s), if applicable; · Service site(s) Health Inspection Certificate(s), if applicable Said documentation will be retained on file with the City. 8. The CCCC agrees to provide program data on a quarterly basis, and in a format as requested by the City, as well as fiscal reports as requested by City. 9. Indemnification: CCCC shall defend, indemnify, save harmless and exempt the City, its officers, agents, servants, and employees from and against any and all suits, actions, legal proceedings, claims, demands, damages, costs, expenses, and attorneys fees resulting from injury to or death of persons or damage to property arising out of or resulting from the Contract or from work done by CCCC or its subcontractors in the performance of the Contract except to the extent caused by the sole negligence of or breach of contract by the City. In connection with any legal proceedings arising hereunder, the City reserves the right to retain counsel of its choice and at its own expense, or in the alternative, to approve counsel obtained by CCCC. 10. Independent Contractor: CCCC is performing the services and duties required hereunder as an independent contractor and not as an employee, agent, partner of, or joint venture with the City. CCCC shall assume sole and exclusive responsibility for the payment of wages to all employees for services performed by them under this Agreement. CCCC shall, with respect to said employees, be responsible for withholding federal income taxes, paying federal social security taxes, maintaining unemployment insurance and maintaining worker's compensation coverage in amounts required by applicable federal and state law. 11. Insurance: CCCC shall provide the City with Comprehensive General Liability Insurance in the amount of $1,000,000.00 per occurrence naming the City as an additional insured, with a thirty (30) days notice of cancellation provision. CCCC shall provide Worker's Compensation Insurance as required by law and Automobile Insurance in the amount of $500,000.00, naming the City as an additional insured. 12. Notices: All notices required hereunder shall be in writing and shall be addressed to the following representative of the part parties: For the City: David Harden, City Manager City of Delray Beach 100 NW 1st Avenue Delray Beach, FL 33444 For CCCC: Nancy Hurd Executive Director 555 NW 4th Street Delray Beach, FL 33444 13. Termination: In the event funds to finance this Agreement become unavailable to the City, the City may terminate this Agreement upon no less than five (5) days written notice to CCCC. The City shall be the final authority as to the availability of funds. Notwithstanding any other provision of this Agreement, the City may terminate this Agreement for any breach by CCCC. If the City intends to terminate this Agreement, notice shall be provided in writing to CCCC no less than twenty-four (24) hours prior to the effective date of the termination. The City's failure to terminate or suspend a CCCC for past breaches of this Agreement shall be construed as a waiver of its right to demand strict compliance with the terms of the Agreement or to terminate for said breaches or similar breaches, and shall not be construed to be a modification of the terms of the Agreement. In addition, CCCC and the City may each terminate this contract with or without cause provided that CCCC or City shall give sixty (60) days notice in writing to City or CCCC. The City shall reimburse CCCC for all monies CCCC has expended up to and including the effective date of the termination and CCCC shall do the same. 14. Venue/Laws. This Agreement shall be governed by the Laws of the State of Florida and venue shall be in Palm Beach County, forsaking any other jurisdiction which either party may claim by virtue of residency. 15. Entire Agreement. This Agreement along with Exhibits "A", "B" and "C" attached hereto shall constitute the entire Agreement of the parties with respect to the subject matter of it. All prior understanding and agreements between the parties with respect to such maters are merged into this Agreement, which alone fully and completely expresses their understanding. Modifications to this Agreement must be made in writing and mutually agreed to by the parties. 16. Assignment or Transfer. This Agreement may not be assigned or transferred by CCCC in whole or part without the written consent of the City. 4 IN WITNESS WHEREOF, the parties have entered into this Agreement on the day and year first above written. ATTEST: CITY OF DELRAY BEACH, FLORIDA By: City Clerk David Harden, City Manager Approved as to Legal Form: City Attorney WITNESS: COMMUNITY CHILD CARE CENTER By: Signature Nancy Hurd, Executive Director Print Name Signature Print Name EXHIBIT "A" Program Compliance Items 1. CCMO agrees to comply with all applicable federal, state and local laws. 2. CCMO agrees to comply with the following requirements: a. To provide Critical Social Service Intervention. b. To maintain books, records and documents in accordance with normally accepted accounting procedures and practices, which sufficiently and properly reflect all expenditures of funds provided by the City under the Agreement. c. To assure that these records shall be available upon reasonable notice, for inspection, review or audit by the City and personnel duly authorized by the City to make such inspection, review or audit. d. To submit, upon completion of this Agreement, A GAO Standard Financial and Compliance Audit ("the Audit"), complete with management letter, within 180 days of CCMO's fiscal year end. In the event that CCMO's fiscal year end occurs prior to the completion of the term of this Agreement. CCMO will supply the Audit and accompanying management letter for each of CCMO's fiscal years occurring during the term of this Agreement, each such audit and management letter to be provided within 180 days of CCMO's fiscal year end. e. To maintain and file with the City such progress, fiscal, inventory, and other reports as the City may require during the terms of the Agreement. f. To include these aforementioned audit and record keeping requirements in all approved subcontracts and assignments. g. To acknowledge, to the extent feasible and appropriate, City and Children Service Council funding of the program identified in Exhibit "A" in publications, bulletins, public relations activity and stationery of CCMO. 3. CCMO agrees: a. To retain all financial records, supporting documents, statistical records and any other documents pertinent to this Agreement for a period of five (5) years following termination of this Agreement or, if an audit has been initiated and audit findings have not been resolved at the end of the five year period, the records shall be retained tmtil resolution of all audit findings. CCMO further agrees that all records, papers, letters, or other documents made or received in conjunction with this Agreement and the provision of services hereunder shall be subject to public access pursuant to the provisions of Chapter 119, Florida Statutes. The provisions of this paragraph shall survive termination of this Agreement, except that public records, which are confidential by or otherwise restricted from disclosure by laws, including as required pursuant to the Health Insurance Portability and Accountability Act, 45 CFR, Parts 160 and 164, must be protected from disclosure. b. Persons duly authorized by the City shall have full access to and the right to examine any of said materials during said period. c. To permit access by persons duly authorized by the City upon reasonable notice, to the program(s) funded by the City hereunder for purposes of monitoring said program(s). d. To report to the City during the term of this Agreement any threatened or pending litigation brought against CCMO, including a description of the nature of the claims involved, and, upon request, to furnish information regarding the status of such litigation and copies of pleadings filed therein. e. To accurately report to the city, in a format deemed acceptable by the City, all revenues received by or for the program funded pursuant to this Agreement, regardless of source. Revenues include, but are not limited to, Medicaid or insurance reimbursement, donations, grants, and program income; i.e., fees paid for services. In the event CCMO fails to properly report all program revenues and the City subsequently leams that such income was not properly disclosed, the City reserves the right to reduce the amount to be paid to CCMO by the City by the amount not disclosed (or, if payment has already been made, to recover said amount), or to terminate this Agreement. f. That those capital items which are to be acquired by CCMO and reimbursed by the City, shall be subject to the requirements (i) that said items may not be mortgaged, pledged, or hypothecated without the prior written approval of the City, (ii) that upon termination or earlier cancellation of this Agreement, at the City's request, unless there is specific notification that this requirement is waived by the City, the said items(s) shall be (a) returned (with title being transferred) to the City or the City's designee, or (b) reimbursed to the City at book value (determined by the City); (iii) that said item(s) shall be maintained in operable condition; and (iv) that said item(s) will be insured in case of loss or theft. g. To obtain City approval for any proposed changes in the program prior to implementation. h. To submit and maintain a current copy of the following on file with the City: o Certificates of insurance (liability and theft, and auto if capital equipment or vehicle was purchased with City/CSC funds); o License(s) to operate agency/program, if applicable; o Service site(s) Fire Inspection Certificate(s), if applicable; o Service site(s) Health Inspection Certificate(s), if applicable i. To obtain written approval from the City for any proposed changes in the program budget hereunder prior to implementation. j. The fiscal administration of this Agreement will be pursuant to the City's "Fiscal Guidelines," a copy of which CCMO acknowledges receiving. k. That the following issues or information shall be furnished or resolved within 60 days of execution of this Agreement: o Completion of program evaluation forms/test instruments; o Submission of copy of sales tax exemption certificate or application; o CCMO will not begin operation of the program funded hereunder prior to obtaining a binder for provision of general liability insurance coverage. ~ Submission of copies of all personnel or service provision subcontracts, contracts and/or agreements related to the operation of the program funded hereunder. 4. CCMO agrees that, as between the parties to this Agreement, it is solely responsible for operation and management of the program(s) funded hereunder and that the City has not and will not be involved in any way in such operation and management. To the extent permitted by Florida law, CCMO agrees to indemnify and hold harmless the City from liability on account of any injuries, damages, omissions, commissions, actions, causes of actions, claims, suits, judgments and damages accruing, including court costs and attorneys' fees (at the trial appellate, post-judgment or bankruptcy procedure level), as a result of services performed or not performed, or any negligent act by CCMO or arising form funding granted or not granted by the City or any action arising out of the operation of this Agreement. 5. CCMO shall not use or disclose any information concerning a client served under the Agreement for any purpose not in conformity with federal and state laws and regulations except on written consent of the client, or his responsible parent or guardian when authorized by law. a. CCMO agrees to establish and maintain procedures and controls acceptable to the City for safeguarding records, so that no information contained in CCMO's records, or obtained from others carrying out the terms of the Agreement, shall be used by or disclosed by CCMO, its agents, officers or employees except as provided by law. b. It shall be the responsibility of CCMO to take all reasonable steps necessary to implement promptly such procedures and controls in order to protect the privacy of a client receiving services hereunder and in order to assure the maintenance of confidentiality of any medical or other information pertaining to any such client. 6. CCMO shall submit to the City program data, including client identifiable data and status of program capacity (staff to client/child/family ratio) as deemed essential by the City. 7. CCMO shall furnish the City with reports of the effectiveness of the program and include statistics and data on the number of persons served and such other reports and information that the City may required. Said reports shall be made as requested from the effective data of this Agreement and in a format provided by the City. 8. The services provided by CCMO hereunder are provided on a non-exclusive basis, and the City specifically reserves the right to subcontract with others for similar services. This Agreement shall give no rights to any person or entity who is not a party hereto. 4 Exhibit "C" BEACON CENTER ACTIVITIES Extended Day (After school) Component Serves 300 elementary school students Licensed by PBC Health Dept maintaining 1 to 20 ratio at all times Hours of Operation: 2:30pm - 7:00pm Monday - Friday 9:00am - 1:00pm Saturdays Release - 7:00pm Early Release Days 7:00am - 7:00pm Teacher Work Days, Holidays and Nine weeks during the summer Daily breakfast included CSC provides major overlays to the component at no cost to the CBO, which includes CHAMPS, a Foundations, Inc., curriculum, head teacher and instructor stipends for 1 hour of instruction per day, four days a week. Includes Center for Creative Education (CADRE) programming, which includes artists who provide arts and culture experiences for the students tied to the CHAMPS curriculum and other overlays for arts and culture. ~ Grade level academic extension of the school day: tutoring assistance homework preparation recreation (a variety of sports and teams and cheerleading) cultural and social clubs community service variety of field trips ~ The Brotherhood is special programming utilizing a certified teacher for male students in grades 3, 4 and 5 identified as behavior and/or academic challenges Teen Component for Grades 6 through 12 Serves 20 to 30 youth daily Location: Delray Full Service Center Hours: 3:00pm - 9:00pm, Monday through Thursday Includes Center for Creative Education (CCE) CADRE for middle school students Other components include: homework assistance sports and recreation including athletic teams 5 academic cultural and social clubs college and career prep, life, leadership relationship and healthy choices skill training community service Sports Teams in both the extended day Flag football and basketball teams for 13 and under Sports for 17 and under provided Palm Beach Literacy Coalition > Village Readers Family Literacy Program - Americorps staff assist students interactive literacy activities Adult Education Computer Training: Monday- Thursday Classes for Beginner, Intermediate and Advanced ESOL GED Child sitting provided Children's Case Management Organization (CCMO) This is a subcontract with the Beacon Center, which will continue with the new CBO for services to children and families. The agency facilitates workshops and provides short time counseling for families with challenges. They also support the Kin Support Project, which meets monthly and has speakers on topics relating to family needs. FAU Haitian Family Services This activity is held on Wednesday evenings with parents and children meeting in separate groups, facilitated by FAU School of Social Work staffand/or interns to discuss topics which strengthen the family unit and allow youth to operate more effectively and independently. Parent Training Provided through CSC Parent Center child sitting provided participation in these classes meetings DCF requirements conducted in both English and Creole Tips for Parents is a six-week series of parenting classes offered by the Parenting Center through a certified parent educator 6 Creating Lasting Family Connections Currently provided by a Substance Abuse and Mental Health (SAMH) grant through the City of Delray Beach. Interactive session for adults, children and adults and children together, on building family cohesiveness and strength. Parent Resource Center Staffed by Parent Resource Coordinator Special Events for Parents Coordinated by Family Involvement Specialist Report Card Night, where parents are encouraged to meet their children's teachers for parent/teacher conference and to pick up reports cards. The Academic Breakfast- where parents are invited to see those students who are recognized for being on the Principal's and Village Academy Honor Rolls. Intergenerational Choir Funded by a grant from the Cultural Council Provides weekly practice on Mondays at Village Academy; includes gospel, spiritual and traditional hymns in their performances. Community Advisory Council (CAC) Mandatory for all Beacon Centers ME4 provides tax filing assistance to families through the Beacon Center. The program is funded and run through a grant from United Way in partnership with the Beacon Center. Street Patrol is funded through the City of Delray Beach. It provides security in the neighborhood and at special events. o o o° AGREEMENT THIS AGREEMENT, made this day of ,2004, by and between the CITY OF DELRAY BEACH, a municipal corporation, (City), 100 NW 1st Avenue, Delray Beach, FL 33444 and CHILDREN CASE MANAGEMENT ORGANIZATION, (CCMO) of Delray Beach, 555 NW 4th Street, Delray Beach, FL 33444. WITNESSETH: WHEREAS, the City received a grant in the amount not to exceed $163,400 from the Children's Service Council (CSC) of Palm Beach County, in support of the Beacon Center at Village Academy Elementary School, located at 400 SW 12th Avenue, Delray Beach, FL, 33444. WHEREAS, the City desires to subcontract with the CHILDREN CASE MANAGEMENT ORGANIZATION, (CCMO) a loeal not-for profit organization, to carry out the Social Service activities associated with the Beacon Center at Village Academy Elementary School. NOW THEREFORE, for good and valuable consideration, the receipt and sufficiency which are hereby acknowledged, the parties hereby agree as follows: 1. Incorporation of Recitals. The parties hereby represent and warrant that the above recitals are accurate and correct and hereby incorporate them as if fully set forth in this Agreement. 2. Term: This agreement shall commence on October 1, 2004 and terminate on September 30, 2005 with an option to renew annually. This Agreement shall be contingent upon the City's receipt of grant money from the Children's Service Council of Palm Beach County for the Beacon Center at Village Academy Elementary School. 3. Payment: Subject to Paragraph 2 above, transfers from the City to CCMO will be made in accordance with the following procedures: a) The City agrees to reimburse to CCMO for provision of services described in Exhibit "A" (consisting of the Program Compliance Items) attached hereto and made a part hereof; composite Exhibit "B" (consisting of the City's Budget, attached hereto and made a part hereof; and Exhibit "C" (consisting of the Beacon Center Activities) attached hereto and made a part hereof to the extent provided in subparagraph c) below. It is expressly understood and agreed, by and between the parties, that the services to be rendered hereunder by CCMO shall be provided in compliance with all terms and conditions set forth in the Exhibits "A", "B" and "C" as well as the terms and conditions of this formal Agreement between the City and CCMO. b) The total Payment for services rendered pursuant to this Agreement shall be up to $163,400 for October 1, 2004 through September 30, 2005 and made to CCMO monthly on a reimbursement basis. CCMO shall submit an invoice to the City by the 10th day of each month following the month in which the services were provided. The invoice will include documentation reflecting all expenditures made by CCMO under this Agreement, in whatever form reasonably required by City. Subject to the availability of funds, the City will provide reimbursement to CCMO within 30 days after receipt of the invoice. CCMO shall submit a final invoice to the City no later than September 30, 2005 (with appropriate documentation). The City will not reimburse CCMO for any expenditure made by CCMO under this Agreement that is submitted after September 30, 2005. The City has the discretion to decrease CCMO's allocation based upon the program's inability to meet the parameters outlined in the program model and/or the inability to maintain program capacity based upon quarterly reviews. 4. Reduction in Payment: Notwithstanding anything herein to the contrary, the parties agree that the dollar amount set forth in paragraph 3 above may be reduced in the event that the City determines that CCMO will not spend the entire amount allocated by September 30th fiscal year end. This determination may be made (a) during the course of reviewing a budget revision submitted by CCMO pursuant to the City's procedures or (b) based upon the City's monitoring of CCMO's program and its expenditure history. Before any such reduction becomes final, CCMO will be notified in writing of the proposed action and shall have the opportunity to address the City's Board regarding the proposed reduction. The decision of the City's Board on this issue shall be final. If the City reduces the dollar amount, CCMO may terminate this Agreement upon five (5) days notice in writing to the City. The City shall reimburse CCMO for all monies expended up to and including the effective date of the termination. 5. Overpayment: CCMO agrees to return to the City any overpayments made through inadvertence or miscalculation or because payment is disallowed as not having been properly earned under this Agreement. Such funds shall be refunded in full by CCMO to the City as follows: a. Within twenty (20) days from the date of written notification by the City to CCMO of overpayment or disallowance; or b. Within thirty (30) days following the end of this Agreement. c. The City shall have the right to deduct from any subsequent payment request submitted by CCMO, the amount of any overpayments or disallowed funds. 6. Suspension of Payment of Funds: The City may, for reasonable cause, suspend the payment of funds pending corrective action by CCMO or pending a decision by the City to terminate this Agreement. The City may, for reasonable cause, prohibit CCMO from incurring additional obligation of any funds received from the City, pending corrective action by CCMO or a decision to terminate this Agreement. Said suspension of payment of ftmds or obligation thereof may apply to all or part of CCMO's operations funded by the City. 7. CCMO agrees to comply with all CSC certification documentation requirements including, but not limited to: · CSC Nepotism Policy Certification; · Personnel Policies and Procedures; · Job Descriptions of all funded staffpositions; · Certificates of insurance (liability, and thef~ and auto if capital equipment or vehicle was purchased with Contractor funds); · License(s) to operate agency/program, if applicable; · Current list of Subcontractor's board members; · Sales Tax Exemption Certificate; · Service site(s) Fire Inspection Certificate(s), if applicable; · Service site(s) Health Inspection Certificate(s), if applicable Said documentation will be retained on file with the City. 8. The CCMO agrees to provide program data on a quarterly basis, and in a format as requested by the City, as well as fiscal reports as requested by City. 9. Indemnification: CCMO shall defend, indemnify, save harmless and exempt the City, its officers, agents, servants, and employees from and against any and all suits, actions, legal proceedings, claims, demands, damages, costs, expenses, and attorneys fees resulting from injury to or death of persons or damage to property arising out of or resulting from the Contract or from work done by CCMO or its subcontractors in the performance of the Contract except to the extent caused by the sole negligence of or breach of contract by the City. In connection with any legal proceedings arising hereunder, the City reserves the right to retain counsel of its choice and at its own expense, or in the alternative, to approve counsel obtained by CCMO. 10. Independent Contractor: CCMO is performing the services and duties required hereunder as an independent contractor and not as an employee, agent, parmer of, or joint venture with the City. CCMO shall assume sole and exclusive responsibility for the payment of wages to all employees for services performed by them under this Agreement. CCMO shall, with respect to said employees, be responsible for withholding federal income taxes, paying federal social security taxes, maintaining unemployment insurance and maintaining worker's compensation coverage in amounts required by applicable federal and state law. I 1. Insurance: CCMO shall provide the City with Comprehensive General Liability Insurance in the amount of $1,000,000.00 per occurrence naming the City as an additional insured, with a thirty (30) days notice of cancellation provision. CCMO shall provide Worker's Compensation Insurance as required by law and Automobile Insurance in the amount of $500,000.00, naming the City as an additional insured. 12. Notices: All notices required hereunder shall be in writing and shall be addressed to the following representative of the part parties: For the City: David Harden, City Manager City of Delray Beach 100 NW 1tt Avenue Delray Beach, FL 33444 For CCMO: Julie Swindler, Executive Director 1720 East Tiffany Dr. Suite 101 West Palm Beach, FL 33407 Delray Beach, FL 33444 13. Termination: In the event funds to finance this Agreement become unavailable to the City, the City may terminate this Agreement upon no less than five (5) days written notice to CCMO. The City shall be the final authority as to the availability of funds. Notwithstanding any other provision of this Agreement, the City may terminate this Agreement for any breach by CCMO. If the City intends to terminate this Agreement, notice shall be provided in writing to CCMO no less than twenty-four (24) hours prior to the effective date of the termination. The City's failure to terminate or suspend a CCMO for past breaches of this Agreement shall be construed as a waiver of its right to demand strict compliance with the terms of the Agreement or to terminate for said breaches or similar breaches, and shall not be construed to be a modification of the terms of the Agreement. In addition, CCMO and the City may each terminate this contract with or without cause provided that CCMO or City shall give sixty (60) days notice in writing to City or CCMO. The City shall reimburse CCMO for all monies CCMO has expended up to and including the effective date of the termination and CCMO shall do the same. 14. Venue/Laws. This Agreement shall be governed by the Laws of the State of Florida and venue shall be in Palm Beach County, forsaking any other jurisdiction which either party may claim by virtue of residency. 15. Entire Agreement. This Agreement along with Exhibits "A", "B" and "C" attached hereto shall constitute the entire Agreement of the parties with respect to the subject matter of it. All prior understanding and agreements between the parties with respect to such maters are merged into this Agreement, which alone fully and completely expresses their understanding. Modifications to this Agreement must be made in writing and mutually agreed to by the parties. 16. Assignment or Transfer. This Agreement may not be assigned or transferred by CCMO in whole or part without the written consent of the City. 1N WITNESS WHEREOF, the parties have entered into this Agreement on the day and year first above written. ATTEST: CITY OF DELRAY BEACH, FLORIDA By: City Clerk David Harden, City Manager Approved as to Legal Form: City Attorney WITNESS: CHILDREN CASE MANAGEMENT ORGANIZATION By: Signature PfintName Signature Print Name 5 EXHIBIT "A" Program Compliance Items 1. CCMO agrees to comply with all applicable federal, state and local laws, 2. CCMO agrees to comply with the following requirements: a. To provide Critical Social Service Intervention. b. To maintain books, records and documents in accordance with normally accepted accounting procedures and practices, which sufficiently and properly reflect all expenditures of funds provided by the City under the Agreement. c. To assure that these records shall be available upon reasonable notice, for inspection, review or audit by the City and personnel duly authorized by the City to make such inspection, review or audit. d. To submit, upon completion of this Agreement, A GAO Standard Financial and Compliance Audit ("the Audit"), complete with management letter, within 180 days of CCMO's fiscal year end. In the event that CCMO's fiscal year end occurs prior to the completion of the term of this Agreement. CCMO will supply the Audit and accompanying management letter for each of CCMO's fiscal years occurring during the term of this Agreement, each such audit and management letter to be provided within 180 days of CCMO's fiscal year end. e. To maintain and file with the City such progress, fiscal, inventory, and other reports as the City may require during the terms of the Agreement. f. To include these aforementioned audit and record keeping requirements in all approved subcontracts and assignments. g. To acknowledge, to the extent feasible and appropriate, City and Children Service Council funding of the program identified in Exhibit "A" in publications, bulletins, public relations activity and stationery of CCMO. 3. CCMO agrees: a. To retain all financial records, supporting documents, statistical records and any other documents pertinent to this Agreement for a period of five (5) years following termination of this Agreement or, if an audit has been initiated and audit findings have not been resolved at the end of the five year period, the records shall be retained until resolution of all audit findings. CCMO further agrees that all records, papers, letters, or other documents made or received in conjunction with this Agreement and the provision of services hereunder shall be subject to public access pursuant to the provisions of Chapter 119, Florida Statutes. The provisions of this paragraph shall survive termination of this Agreement, except that public records, which are confidential by or otherwise restricted from disclosure by laws, including as required pursuant to the Health Insurance Portability and Accountability Act, 45 CFR, Parts 160 and 164, must be protected from disclosure. b. Persons duly authorized by the City shall have full access to and the right to examine any of said materials during said period. c. To permit access by persons duly authorized by the City upon reasonable notice, to the program(s) funded by the City hereunder for purposes of monitoring said program(s). d. To report to the City during the term of this Agreement any threatened or pending litigation brought against CCMO, including a description of the nature of the claims involved, and, upon request, to furnish information regarding the status of such litigation and copies of pleadings filed therein. e. To accurately report to the city, in a format deemed acceptable by the City, all revenues received by or for the program funded pursuant to this Agreement, regardless of source. Revenues include, but are not limited to, Medicaid or insurance reimbursement, donations, grants, and program income; i.e., fees paid for services. In the event CCMO fails to properly report all program revenues and the City subsequently learns that such income was not properly disclosed, the City reserves the right to reduce the amount to be paid to CCMO by the City by the amount not disclosed (or, if payment has already been made, to recover said amount), or to terminate this Agreement. f. That those capital items which are to be acquired by CCMO and reimbursed by the City, shall be subject to the requirements (i) that said items may not be mortgaged, pledged, or hypothecated without the prior written approval of the City, (ii) that upon termination or earlier cancellation of this Agreement, at the City's request, unless there is specific notification that this requirement is waived by the City, the said items(s) shall be (a) returned (with title being transferred) to the City or the City's designee, or (b) reimbursed to the City at book value (determined by the City); (iii) that said item(s) shall be maintained in operable condition; and (iv) that said item(s) will be insured in case of loss or theft. g. To obtain City approval for any proposed changes in the program prior to implementation. h. To submit and maintain a current copy of the following on file with the City: o Certificates of insurance (liability and theft, and auto if capital equipment or vehicle was purchased with City/CSC funds); o License(s) to operate agency/program, if applicable; (> Service site(s) Fire Inspection Certificate(s), if applicable; o Service site(s) Health Inspection Certificate(s), if applicable 2 i. To obtain written approval from the City for any proposed changes in the program budget hereunder prior to implementation. j. The fiscal administration of this Agreement will be pursuant to the City's "Fiscal Guidelines," a copy of which CCMO acknowledges receiving. k. That the following issues or information shall be furnished or resolved within 60 days of execution of this Agreement: o Completion of program evaluation forms/test instruments; c~ Submission of copy of sales tax exemption certificate or application; o CCMO will not begin operation of the program funded hereunder prior to obtaining a binder for provision of general liability insurance coverage. c) Submission of copies of all personnel or service provision subcontracts, contracts and/or agreements related to the operation of the program funded hereunder. 4. CCMO agrees that, as between the parties to this Agreement, it is solely responsible for operation and management of the program(s) funded hereunder and that the City has not and will not be involved in any way in such operation and management. To the extent permitted by Florida law, CCMO agrees to indemnify and hold harmless the City from liability on account of any injuries, damages, omissions, commissions, actions, causes of actions, claims, suits, judgments and damages accruing, including court costs and attorneys' fees (at the trial appellate, post-judgment or bankruptcy procedure level), as a result of services performed or not performed, or any negligent act by CCMO or arising form funding granted or not granted by the City or any action arising out of the operation of this Agreement. 5. CCMO shall not use or disclose any information concerning a client served under the Agreement for any purpose not in conformity with federal and state laws and regulations except on written consent of the client, or his responsible parent or guardian when authorized by law. a. CCMO agrees to establish and maintain procedures and controls acceptable to the City for safeguarding records, so that no information contained in CCMO's records, or obtained fi.om others carrying out the terms of the Agreement, shall be used by or disclosed by CCMO, its agents, officers or employees except as provided by law. b. It shall be the responsibility of CCMO to take all reasonable steps necessary to implement promptly such procedures and controls in order to protect the privacy of a client receiving services hereunder and in order to assure the maintenance of confidentiality of any medical or other information pertaining to any such client. 6. CCMO shall submit to the City program data, including client identifiable data and status of program capacity (staff to client/child/family ratio) as deemed essential by the City. 7. CCMO shall furnish the City with reports of the effectiveness of the program and include statistics and data on the number of persons served and such other reports and 3 information that the City may required. Said reports shall be made as requested from the effective data of this Agreement and in a format provided by the City. 8. The services provided by CCMO hereunder are provided on a non-exclusive basis, and the City specifically reserves the right to subcontract with others for similar services. This Agreement shall give no rights to any person or entity who is not a party hereto. 4 .Exhibit "C" BEACON CENTER ACTIVITIES Extended Day (After school) Component Serves 300 elementary school students Licensed by PBC Health Dept maintaining 1 to 20 ratio at all times Hours of Operation: 2:30pm - 7:00pm Monday-Friday 9:00am- l:00pm Saturdays Release - 7:00pm Early Release Days 7:00am - 7:00pm Teacher Work Days, Holidays and Nine weeks during the summer Daily breakfast included CSC provides major overlays to the component at no cost to the CBO, which includes CHAMPS, a Foundations, Inc., curriculum, head teacher and instructor stipends for l hour of instruction per day, four days a week. Includes Center for Creative Education (CADRE) programming, which includes artists who provide arts and culture experiences for the students tied to the CHAMPS curriculum and other overlays for arts and culture. ~ Grade level academic extension of the school day: tutoring assistance homework preparation recreation (a variety of sports and teams and cheerleading) cultural and social clubs community service variety of field trips The Brotherhood is special programming utilizing a certified teacher for male students in grades 3, 4 and 5 identified as behavior and/or academic challenges Teen Component for Grades 6 through 12 Serves 20 to 30 youth daily Location: Delray Full Service Center Hours: 3:00pm - 9:00pm, Monday through Thursday Includes Center for Creative Education (CCE) CADRE for middle school students Other components include: homework assistance sports and recreation including athletic teams 5 academic cultural and social clubs college and career prep, life, leadership relationship and healthy choices skill training community service Sports Teams in both the extended day Flag football and basketball teams for 13 and under Sports for 17 and under provided Palm Beach Literacy Coalition ~ Village Readers Family Literacy Program - Americo~ps staff assist students interactive literacy activities Adult Education Computer Training: Monday- Thursday Classes for Beginner, Intermediate and Advanced ESOL GED Child sitting provided Children's Case Management Organization (CCMO) This is a subcontract with the Beacon Center, which will continue with the new CBO for services to children and families. The agency facilitates workshops and provides short time counseling for families with challenges. They also support the Kin Support Project, which meets monthly and has speakers on topics relating to family needs. FAU Haitian Family Services This activity is held on Wednesday evenings with parents and children meeting in separate groups, facilitated by FAU School of Social Work staff and/or interns to discuss topics which strengthen the family unit and allow youth to operate more effectively and independently. Parent Training Provided through CSC Parent Center child sitting provided participation in these classes meetings DCF requirements conducted in both English and Creole Tips f~r Parents is a six-week series ~f parenting c~asses ~ffered by the Parenting Center thr~ugh a certified parent educator 6 Date: 9/1/2004 Agenda Item No. AGENDA REQUEST Agenda request to be placed on: X Regular __ Special Workshop Consent When: September 7, 2004 Description of Agenda Item: Memorandum of Agreement Between the City of Delray Beach and Children's Services Council and Subcontracts with the Community Child Care Center and Children's Case Management Organization for FY 04/05. Ordinance/Resolution Required: Yes / No Draft Attached: Yes / No Recommendation: Approval Department Head Signature: ~~ City Attorney Review/Recommendation (if applicable) Budget Director Review (required on all items involving expenditure of funds): Funding Available: Yes / No Funding Alternatives: (if applicable) Account # & Description: City Manager Review: HAPo~°l~ne~l~°r agenda:~/~s)/N° ~ Agenda Coordinator Review: Received: Action: Approved / Disapproved MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER~ SUBJECT: AGENDA ITEM # ~) - REGULAR MEETING OF SEPTEMBER 7, 2004 APPOINTMENTS TO THE BOARD OF ADJUSTMENT DATE: SEPTEMBER 3, 2004 At the City comrmssion meeting of August 3rd Mr. Harvey Starin was appointed as a regular member to the Board of Adjustment creating a vacancy for an alternate member. Mr. David Redelheim has verbally given his resignation creating a vacancy for an alternate member. Both alternate members would fulfdl an unexpired term ending August 31, 2005. To qualify for appointment, a person shall be either a resident of or own property in the city, and/or own a business within the city. The following have submitted applications for consideration: John Bennett Sara Coen Sigurdur Hardester Pearl Bunny Markfield Elrod (also applying for Board of Construction Appeals and Code Enforcement) Clifton Miller (currently on Board of Construction Appeals) A check for code violations and/or municipal liens was conducted. Voter registration verification was completed and all are registered with the exception of Sara Coen. Ms. Coen has advised me she is in the process of receiving her U.S. Citizenship and then will proceed with her voter registration. Based on the rotation system, the appointments will be made by Commissioner McCarthy (Seat #4) and Mayor Perlman (Seat #5). Recommend appointment of two (2) alternate members to the Board of Adjustment for unexpired terms ending August 31, 2005. Jom~ C. W. BEh'h~Tr 137 SEABR~.v.~. AVEh~E I)ELRAY BEAC,, FL 33483-7017 COMMUNITY ACTIVITIES: Beach Property Owners' Association (Trustee 1999-present; Vice President 2001,2002) Progressive Residents of Delray (PROD)(Director 1999-present; Vice President 2000; President 2001-02 E.P.O.C.H. (Director since 2002) Chamber of Commerce (Member, Local Government Issues Committee) School Advisory Committee, Atlantic Community High School (member 1999-2003; Bylaws Committee Chair 2002-03) PROFESSIONAL EXPERIENCE: 1995-present, retired attorney (U.S. Navy Judge Advocate) 1974-1995, naval officer with a variety of assignments involving law and policy 1973-1974, law clerk to the Honorable Paul H. Roney, then of the U.S. Court of Appeals for the Fifth (now Eleventh) Circuit in St. Petersburg, FL EDUCATION: Fox,ual: LL.M., Law & Marine Affairs: University of Washington 1981 J.D.: Georgetown University Law Center (Editor, Law Journal), 1973 B.A. Economics (with High Honors): Swarthmore College, 1970 Continuing: Leadership Delray Beach 2002 PROFESSIONAL AFFILIATIONS: District of Columbia Bar (Inactive) American Bar Association American Society of International Law SPECIAL QUALIFICATIONS FOR SPECIFIC ,BOARDS NEIGHBORHOOD ADVISORY COUNCIL: · Active for past several years in the affairs of my neighborhood association (Beach Property Owners' Association) · Active for past several years in broader issues of concern to neighborhoods throughout the City through membership on Board of Progressive Residents of Delray (PROD) · Aware of concerns of business community through service on Local Government Issues Committee of the Greater Delray Beach Chamber of Commerce BOARD OF AD. FLISTMENT & NUISANCE ABATEMENT BOARD: · Extensive experience during my Navy career with applying regulations to specific cases. · Thorough familiarity with due process requirements for imposition of criminal and civil sanctions: developed while representing criminal accuseds and administrative respondents, prosecuting on behalf of the Government, and advising adjudicatory authorities. · Adjudicated innocence or guilt and determined appropriate penalties in a number of minor criminal cases. DELRAY B F. ACH BOARD MEMBER APPLICATION 1993 2001 Please ~e or p~t ~e fo~o~g ~fo~fion: 1. ~st N~e:~ Nme~ ~ I. 2. Home Ad.ess: Ci~ S~te Zip Code 4. P~cip~ Bus'ess Ad.ess: Ci~ State ~p Code 5. Home Phone: Business Phone: I E-Mall Address: Cell Phone: Fax: 6. Are you a registered voter? If so, where are you registered? 7. What Board(s) are you interested in sereing? Please list in order of preference: List all City Boards on which you are currently serving or have previously served: (Please include dates) 9. Educational qualifications: ~v~'~ ~oc~,~¢_ '¢~',4.~-e~ ~ ~./~._ 10. List any related profe$5~ona] ter~fitations and licenses which you hold: 11. Give your present, o~ most recent emp]oye~, and poskiom ~,.vr~'~- ~-,~ o~ Xa~,~'~ Cq~. C~-~.)ov~,- ~/,~ ~._(f.~,~, ,o~) _ 12. Describe experiences, skills or knowledge which qualify you to serve on this board: (Please attach a brief resume) I hereby certify that all the above statements are tree, ~nd I a~ee and ~nderstand that any misstatement of matedal £ac~s contained in this application may cause £or£eitu~e upon my part of any appointment I may receive. RECEIVED Note: This application will remain on file in the Ci~ Clerk's Office for a period of 2 years from the date itwas submitted. It will be the applicant's responsib~o~e~at a current application is on file. OITY GLERK Sara Co n 1203 hie 9t~ Ave. Dclray Beach, FL 33483 (561) 278-8013 saracoen(&hotmail.cem Objectives and Strengths ~ am an attomoy with a Master's in Trade and Banking, and European Law, carnmtly-~omploting an LL,M on Taxation. I ~ be sitting for thc Florida Bar on July '04. [ am a Certified Country Court Mediator fluent in five languages. My interests include urban zoning and planning, real estate and property law. I have experience in mediation and arbitration, commercial law, conflict mitigation, judicial reform, and immigration. I have also worked with thc World Bank and the United Nations Group. My strengths include: · Fluollt in ~n~lish, Spanish, French, Italian and Portuguese (written and spoken). · Excellent writing skills, good communicator and careful listener. · Comfortable WOrJdng with divcrso mulficultural perspectives, and presenting alternatives for conflict resolution. · Doctoral Degree in Common Law and Civil Code System with professional experience in the U.S., Europe, Latin America and Brazil. Education St. Thomas University, Miami, Florida. Master ar Lm~ (LL.M) in T~tion, Candidate (May '05). ~1~' ~ Univ_c.rsity,. Miarai, Fl. orida. Juris Doctor Degree. American Universay, Washington DC. Master ar Law (LL.M) in Intemotio~l-~Trade and B~a~ag. Universit~ dc la Sorbonne. Paris, France. Studies of A4aster in Commercial l~:~ a~l Eu~'opeaa Comm~atiy. ~onal Court of J. ustice. The Hague., Thc Netherlands. Pra~te Inter~tio~l ~ Cer~fica~o~ ~m. vers.~. ,d~ Ib. eroamcncana. Santo Dom?go~ Dominican R~public. &ris Docto~ $~C~ l~mde. t~mvers~te Pans X Nanterre. Nanterre, France. Bachelor in Arts in Busiaess Ad~ials~ratlon Of Tourism Enterprises. Legal Experience DISTRICT COURT OF APPEAL. West Palm Beach, Florida.(Aug. '04). L4~¢ Clerk for Judge B~rry Stone. ~ FLORIDA BAR. Cypress Creek, Florida. (6/01 - 10/02). : r~ Clerk ~nll¢¢med Pm¢~¢e of Lm~ D~$~an. · ~enducted legal research, wrote memoranda and affidavits. Practical litigation experience ~ subpoenas, preparing pleadings and interrogatories, participated in depositions and interviews. IN'I'I~g-AM~RICAN DEVELOPMENT BANK. WORLD BANK GROUrp. Wasbin~on DC. (6/93; 5/96). Legal & $~mmer Intera ar Bm~get ami E~lm~tion Office. ?rojeet Cans,,ltant ar Pg6ject A~ly~is Dep~rtme~. Wrote ~ publications regarding ex-post evaluations of judicial and social ~fo~n~and ~ender issue projects in Latin America. Worked with judicial reform projects, alternate dispute resolution, conflict mitigation and trade harriers. OROAHIZATION OF AMERICAN STATES. Washington DC. (10/92 - 5/93). Legal Inter~t Legal Deporiment. Performed research in the Library of Congress and wrote comparative anabysis for the harmonization of regional legislation in intellectual property. SIsI'I~RIE LUIGI BULC_nttERONI. Lake Como, Italy. (7/90 - 12/92). Legal Consultant. Silk manufacturing corporatior~ Prepared and negotiated liecosing agreements. Worked with copyright registration. Other Professional Experience YUPI INT~RNET INC. (Currently YupilVlSb0. Miami Beach, Florida. (6/97 - 6/00). Content Edltor and Business Developer. Form.ding team member of company purchased by The Microsoft Network in 2002. Responsible for content Drafted and negotiated strat~i¢ alliances. Prepared pwsentaflon for investors. CARDS FOR WOIvIEN. Washington DC and Delray Beach, Florida. (6/95 - 12/99). Founder and Marketing Director. Specialized in reproduction Of ariworlc ~ company on tho list of top 10ft US HisPanic Busifiess. Client list included Walt Disney, Coca-Cola, Exxon and ,itibank. Participated in White Hous¢ presentation for Hillary Clinton. CONSULATE OF THE DOMINICAN REPUBLIC. Paris, France. (1/88 - 5/90). Assistant to the General Consul Handled commorcial receipts and visa documentation. Served as liaison and translator for investors and diplomats. ~ BOARD MEMBER .APPLICATION CITY ~OF 'DELRAY rBEA,CH ' Pleuse type o~ print the folio?lng information 2. Hom~ Address: City FL 3. I~gal Residence:. City State Zip Code 4: Principal'Business Address: City State Zip Code 5. Hom~ Phone: : BUSiness Phone: E-MailAddress: ~ Cell Phone: .Fax, 6. Are you a re~i~stsred voter? If so ~ehere are you registereck~ 7. What Board(s) are you interested i~ serving? Please list in order of prefertmce: 8. List all City Boards on which you are currently serving or have pre~4ously sen, ed: (Please include dates) 9. Educational qualifications: t0; List an~r related p~ofes~ionat.certifications and licenses which you hold: t 1. Give your presem, or-most recent employer;and position: 12. Describe experiences, $1fillg or knowledge which qualify you to serve on this board: (Please attach a brief resume) I hereby certify tha~ all the above statements are true, and I agree and understand that any misstatement of material facts contained i~n this appGcati~n may cause forfeiture upon my part of any appointment I may receive. Note'. This application will remain on file in the City Clerk's Office for a period of 2 years f~om the date it was submitted. It will be the applicant's responsibility to ensure d~at a current apl~ic, agi~ ~Q0 ~ ~ AUG i Q 2003 CITY CLERK ® BOARD MEMBER APPLICATION 1993 2001 2- J:~om~Addr~c.~s: 3. z,.gzl Resideace: Ci~ ' 4. ~dp~u~ess Address: State 5. Home P~ne: B~ess Phon~ ~ ~ss:--t ~ Phon~ F~: 8. ~s~ ~ ~' Bo~ds on w~ch ~u ~ ~, ~ or 10. ~st ~y zcbtcd pmfcsgo~ c~ns ~d h~scs ~ you hdd: Il. Give you~,p~$~N or moBt,rccer~ ~]o~, ~d~dom sia~ JUL 2 sub'ned. It ~ ~ ~e app~t s ~~ ~ ~t s ~t ~p~.~oa is on ge. RESUME. FOR PEARL BUNNY MARKFIELD ELROD DIRECTOR RESEARCH DEPT:NATIONAL ENQUIRER NEWSPAPER 04 Yrs) REALTOR: COLDWELL BANKER REAL ESTATE (22 YRS) (multimillion dollar producer) PRESIDENT: MERRIT1~ PARK HOME OWNER'S ASSOCIATION (4 yrs) BOARD MEMBER PROGRESSIVE RESIDENTS OF DELRAY (2 YEARS) MEMBER SWfNW REDEVELOPMENT TASK FORCE (FROM INCEPTION) PRESIDENT BEAUTIFICATION COMMITTEE FOR THE NW/SW REDEVELOPMENT TASK FORCE) MEMBER DELRAY LOOP a-CO-MANAGED TROLLEYS FOR OPENING DAY EVENT b.WORKED ON CLEAN-UP COMMITTEE DAY BEFORE OPENING OF LOOP-PICKING UP GARBAGE IN SW/NW SECTIONS c. WORKED AT DELRak¥ FRESH MARKET WEEK PRIOR TO LOOP OPENING DISTRIBUTING ANNOUNCEMENTS OF THE FOLLOW lNG WEEKS OPENING CEREMONIES MEMBER FUND RAISIN(} COMMITI'EE FOR THE MILAGRO CENTER. BOARD MEMBER APPLICATION 1993 2001 infonnation: 2. Home. Ad~es~: , ] ' ~ Ci 3. Legal Residence: City State Zip Code 41 P~incipal Business Address: City State Zip Code 5. Home Phone: Business Phone: E-Mail Address: Cell Phone: Fax: 6. Are you a registered voter? V~ i'~ If so, wh%e axe you r~i[Setr~d? 7. t3X~hat Board(s) are ypu it~erest%d in serving? rleas,~ list in order/of Preference: ,~, 8, List all City Boards on which you are currendy serving or have previously served' ~(Please~ndude dates) 9. Educational qualifications: ,-x ,/1 10. List an)~ [ela~d pro~f~si~)nal certifications and licenses which yo~o)d/ < - -- 11. Giv~3'ou~ prqsent, or most recent emplOyer, aad p&ition: he~ ~t ~ ~e abo~e s~tem~ ~e ~e, ~d I ~ee ~d ~d~s~d ~at ~y ~ss~tment ofm~te~ f~ co~ ~ ~, ~ ~,don ~y cau~ roffd~e upon my p~ of ~y ,p~ent I ~y ~dve. ITY CLERK MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER~ SUBJECT: AGENDA ITEM # C~ {~ _ REGULAR MEETING OF SEPTEMBER 7, 2004 APPOINTMENTS TO THE CODE ENFORCEMENT BOARD DATE: SEPTEMBER 3, 2004 Mr. Andrew Youngross has verbally given his resignation from the Code Enforcement Board due to his busy business schedule creating a vacancy for a regular member for an unexpired term ending January 14, 2006. The City Clerk's Office and Code Enforcement have not been successful in contacting Ms. ~flda Fernandez dither by phone or mail. Ms. Fernandez is an alternate member with a term ending January 14, 2007. Mr. Mark Behar is an alternate member and would like to be considered for a regular member. All members of the Code Enforcement Board must be residents of the City. Appointments to both regular and alternate member positions shall be on the basis of experience or interest in the fields of zoning and building control. The regular and alternate membership of the Board shall, whenever possible, include an architect, a business person, an engineer, a general contractor, a subcontractor and a realtor. The following have submitted applications and would like to be considered: Carol Aharonovic Appraiser (also applying for Board of Construction Appeals) Mark Behar Property Management (alternate member) Pearl Mark field Elrod Realtor Bernard Federgreen Retired Director of Operations (currently on Nuisance Abatement Board) Gerry Franciosa Retired Law Enforcement Jayne King Educator Samuel Resnick Code Admin/Engineer (currently on Board of Adjustment) Stanley Watsky Insurance/Realtor 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 Mayor Perlman (Seat #5) for a regular member and Commissioner Cosfin (Seat #1) for an alternate member. Recommend appointment of one (1) regular member for an unexpired term ending January 14, 2006 and one (1) alternate member for an unexpired term ending January 14, 2007. CODE ENFORCEMENT BOARD 07/04 TERM REGULAR MEMBERS OCCUPATION POSITION TELEPHONE EXPIRES FILLING 01 / 14/2007 Glenn Schuster Fire Chemical Layperson Work: Unexp Regular Appt 4585 A Northwest 3rd St. Speciahst Home: 499-0561 08/19/03 Unexp Alt05/06/03 Dekay Beach, FL 33445 Cell: 706-0553 Reappt 01/06/04 01/14/2007 Leonard Epstien Business Owner Real Estate Work: Alt appt 05/06/03 3120Northwest 15m St. Home: 272-0330 Unexp Regulax appt 07/22/03 Delray Beach, F1 33445 Fax: 272-0329 Reappt 01/06/04 01/14/2007 David Hawke Arckitect Arckitect Work: 740-4440 UnexpAppt01/07/03 121 Heather Lane Home: 278-3414 Unexp Regular Appt 04/15/03 Delray Beach, FL 33444 Fax: 921-0444 Reappt 01/06/04 01/14/2005 Beril Kruger Planner Business Person Work: 265-4983 UnexpAppt07/24/01 9 NE 16~ St. Home: 265-2019 Dekay Beach, FL 33444 Cell: 870-4701 01/14/2006 Robert Marks Construction General Contractor Work: Unexp Alt Appt 01/07/03 371 Coral Trace Lane Home: 266-8494 Unexp Regular Appt 04/lS/03 Delray Beach, FL 33445 Fax: 01/14/2006 Anthony Veltri, Vice Chair Layperson Sub Contractor Home: 272-0252 AltApptO1/02/O1 2915C NW 12th St. Unexp Regulax Appt 02/02/01 Dekay Beach, FL 33445 Reappt 01/07/03 01/14/2006 Andrew Youngross, Chair Engineer Engineer Work: 276-0274 Unexp Appt 05/21/02 636 West Drive Home: 276-4403 Reappt 01/07/03 Dekay Beach, FL 33445 Fax: 272-7950 Cell: 212-2604 ALTERNATES 01/14/2007 Gilda Fernandez Property Layperson Work: 243-6800 Unexp Appt 08/19/03 1301 Southwest Tenth Ave Management Home: 276-9794 Reappt 01/06/O4 #N-103 Fax: 265-4935 Delray Beach, FL 33444 01/14/2005 Mark Behar Property Mgmt Layperson Home: 279-2335 ApptOg/09/03 1700 S Ocean Blve #21 Work 254-9605 Delxay Beach, FL 33483 Fax: 279-9192 Contact: Norma Smith 243-7213 S/City Clerk/Board 03/Code Enforcement Board ~"'~""~"~ CITY OF DELRAY BEACH 'III1! MEMBERAPPLICATION 200'1 Please type or print_ the following information: 1. Last Name: M. L 2. Home Address:tE _ State Zip Code 3. Legal Residence: City ~ State Zip Code 4. Principal Business Address: City State Zip Code 5, Home Phone; Business Phone: E-Mail Addtcss: ~ Cell Phone: Fax: 6. Arc you a registered voter? If so, where are y~.u registered? 7. What Board(s5 are you interested in serving? Please list in order of preference: $. List all City Boards on which you ate currently serving or h~e previousl~y setw~ (Please include dates) 9. Educational qualifications: . 10. List ~my r~t~ted, vr°fession~l certifications ~md I~censes which you hold: 11. Give your present, or most recent employer, and position: 12. Describe cx~_~ences, skills or l~ow!~ Which q,,-l;C7 yo~ to.rye on this hoard: (Ple~e attach a brief Ih~ttify tha~..ll ~e .hove st~temen~ ~ tree, .nd I ~ .nd ~mderst~d t~t ~m¥ mi~t~tement of m~t~d,1 f~ts ~.~6o~ m~¥ c~os¢ foff~itore opo~ m~ part of ~¥ ~ppointmen~ I may rec~i~e. SIGNATURE DATE Note: This application will remain on file in the City Clerk's Office for a peniod of 2 years fxom the date it was submitted. It will be the applicant's responsibility to ensure ihq[.a ~~don is on file. 1 ? 2OO GITY CLERK ~q0 S. Federal Hwy., Suite 202 oynton Beach, FL 33435 154) 520-1469 (CELL) (561) 735-9512 (OFFICE) ~praisals(~yahoo.com ~USZNESS EXPERTENCE II Family Appraisal ~tate Certified Real Estate Appraiser/President) 08/04-Present ~erforms all types residential real estate appraisals, reviews, and consulting. II Family Realty, [nc. (Formally Avron Realty, inc.) ~.EALTOR Associate/Office Manager) :[995- Present [esidential and commercial real estate sales, acquisition, development, leasing and management. .H. & A Management (Subsidiary of Avron Realty, [nc.) )roperty and Asset Manager) :[997 - Present lanages multiple portfolios of real estate, lease held estates and other assets. Responsible for all spects of management, maintenance, acquisition and sale of properties and assets held. hired Appraisal Associates ~eg. Appraiser/Residential Appraisal Department Manager) :[0/02-08/04 erformed residential appraisals under a State Certified Appraiser. Manages all aspects of the .~sidential appraisal department directly under the supervision of the State Certified Appraiser/ resident. ush Appraisal Service Registered Appraiser) 4/02-:[0/02 erformed residential appraisals under a State Certified Appraiser. .t Your Service! rocess Serving and Background Checks sole Proprietor 1999 - 2001 Corked as a process server, serving and filing process. Performed background and credit checks, and. ,ther legal research. :DUCATION iaccalaureate Degree in Business and Public Management with a major in Real Estate, lorida Atlantic University ~ppraiser Post-Licensing Courses (ABHa & ABIIb), Institute of Real Estate Studies ~ppraiser Pre-Licensing Courses (USAP, Florida Law), Appraiser Institute itle Agent Pre-Licensing Course, Palm Beach Community College oan Origination Pre-Licensing Course, Palm Beach Community College Salesman's Pre-licensing Course, Gold Coast School of Real Estate Salesman's Post-Licensing Course, Gold Coast School of Real Estate "'~ON REALTY, INC. Salespersons Training Course/Internship ;~dnish River High School, Boca Raton, FL - Alumna .~AROL2-1HARON OV lC (eonr~nuea) TATE L~[CENSES HELD ate Certified Residential Real Estate Appraiser License #RD4663 -' % a State Certified Real Estate Salesman's License # SL0626648 ,TRENGTHS ~: communicates well in speaking and writing; able to act as liaison between different ~rsonality types; comfortable and effective communicating with superiors, staff and customers. =_adership: wide range of interpersonal skills to encourage and instruct others. ~: accustomed to being in positions of responsibility; self-motivated and willing to set oals and work to achieve them. ~: uses time and resources effectively; considers efficiency, planning, and accountability xtremely important. :om uter Ex ertise: experienced and profident in Windows, Aldus, Quickbooks, Microsoft Office, Pc ,ccess, Stellveiw, Wintotal, ISC, Internet programs, and can easily master any new system and ,rograms. inancial Knowledqe: experienced in the preparation of budgets and income statements. Understands :redit reports, all types of mortgages, qualification standards, .costs, and financial leverage. ~_ rketin Ex ertise: Understands consumer behaviors and buying patterns, economic and )ographic patterns, market trends and business strategy. Experienced in the creation and rnplementation of marketing plans, programs and promotions. I a~rtise: experienced in all aspects of commercial and residential real estate. Experienced n: property appraisal, management, maintenance, acquisition, development, sales and leasing. )ther: analytical problem solving skills, quick learner, solid work ethic and finds satisfaction and )leasure in achieving goals. I~WARD$/HONOR$ t999 Young Entrepreneurs "Young Entrepreneur of the Year" t996 Realtor Association of South Palm .Beach County "Rookie of the Year" ~,ealtors Educational Foundation Academic Scholarship MEMBERSHTP REALTORS Association of South Palm Beach County Boynton Beach Chamber of Commerce Delta Sigma Pi -zf 67:[ Rotary ~ident of Florida since :[978 FlUent in English, Spanish, and Romanian f~,..d.~? CITY OF DELRAY BEACH IIL ,o,. MEMBERAPPLICATION 1993 2OO1 Please type., or print, the following,, information: 1. Last Name: 2. Home Address:/''~4~/~6~. ~ r~,4a~x/~' _,,~ ,_ .d¢~./ City ~x~"//~..~C~/'/t2~-~-~/~ z~ State ~ Code 4.~Pfindpal, Bus~ess~~Address: ~//~ ~*Ci~ /[ ~ State Zip Code 5. Home Phone: Business Phone: E-M~ Address: ~' C~ Phone: F~: 6. Are you a re~stered voter? 7. ~at Board(s) are you lRterested ~ se~. Please ~st ~ order of preference: ~ Ust ~i~'~oard~'o~fiich you are cu~enfly ~n~ or have pre~ously se~d: ¢lease include dates) 10. ~st ~y ~elated profession~ ceffifica6ons md ~censes W~ch you hold: ~o ~.z' ~ ~ ~ ~, _~/ 11. Give your presen~most rec~nt e~er,'~ posifion:~ ~o ~ ~ . ~ ~ . ' ~efie~ , ' ' ge w~ch qu~ you m s~ o~s b°~d: ~l~ase amch a brief res~ I h~reby ce~, ~ar N~,-. ~;, appl;-~ subdued. It ~ be ~e app~cmt's responhb~ to ensure ~at a cu~~e. ~AR 2 6 2003 ® BOARD MEMBER APPLICATION 1993 2001 Pl~se type or print thc following infom~tion: 4. ~dp~ Bu~ess Ad&ess: ~ - 5. Home Phone: B'u~ess Phon~ ~ ~ss: ~ Phone: F~: 6. ~c you a roistered vo~?~ l~so, ~ ~ you 7. ~a~ ~d(s) ~e you ~t~ted ~ s~? Pl~se ~st ~ ;~er ofp~c~ ~ 8. ~st ~ ~9' Bo~ds on w~ch you ~e ~=dy s~ ~vc v~ s~ ~l~sc ~dude &rcs) 9..~u~o~ ~fic~ons: ~ 10. ~st ~y z~ted p~fcs~o~ cc~fiofls ~d ~cmses w~ you hold: l l~we your prcscng or most ~t~ploy~, ~uon~ _ ~ x, .... ~: .... ,:-_ =__ _' ............... DA~ / sppS~gon ~ ~ on ~e ~ ~e ~ ~'s O~ce for s ~ of 2 FK't~q : t3E~-~;dl ~ I10. : 5612660746 fun. 18 ~--'It~3 09:44M'1 P! 06,'10.'0~ 'llJE 1!:0~ F.*L~ 55~ 243 377~ CITY CLEK~ *. CITY OF DELRAY BEACH BOARD MEMBER APPLICATION 6. ~ ~u · r*~stead v~ ~ If*o, ~e ~ ~u ~> lO. ~st ~y ~zcd p~{~ ~s ~ Uc~ses ~ch ~ hol~ ~EGEIVED dUN ~-1 2003 ~I~V ~l ~ '~ CiTY OF DELRAY BEACH BOARD MEMBER APPLICATION 1993 2001 DELI)AY BEACH BOARD MEMBER APPLICATION - 1993 2001 1. I.~st N3mc: :,,. 1) -- ,~ 3. ~ Rc~d~ce: O~ ' S~ ~? ~c 5, Home P~nc: B.~css Pho~ ~'~ss:--~ ~ ~ phonc F~: 8. ~st ~ Gq' Bouds on ~'~ch )~u m ~, ~ or hi~ p~ou~ 10. ~st ~)' re,ccd pm(csdo~ c~s ~d ~c~s ~ you H. G~c ~o,~,grcscnk or most r~c~lov~. ~ sia~ JUL 2 ~ 2003 RESUME FOR PEARL BUNNY MARKFIELD ELROD DIRECTOR RESEARCH DEPT:NATIONAL ENQUIRER NEWSPAPER (14 Yrs) REALTOR: COLDWELL BANKER REAL ESTATE (22 YRS) (multimillion dollar producer) PRESIDENT: MERRITT PARK HOME OWNER'S ASSOCIATION (4 yr~) BOARD MEMBER PROGRESSIVE RESIDENTS OF DELRAY (2 YEARS) MEMBER SW/NW REDEVELOPMENT TASK FORCE (FROM INCEPTION) PRESIDENT BEAUT]I:ICATION COMMITTF~ FOR THE NW/SW REDEVELOPMENT TASK FORCE) MEMBER DELRAY LOOP a_CO-MANAGED TROLLEYS FOR OPENING DAY EVENT b.WORKED ON CLEAN-UP COMMITTEE DAY BEFORE OPENING OF LOOP-PICKING UP GARBAGE IN SW/NW SECTIONS c. WORKED AT DELKAY FRESH MARKET WEEK PRIOR TO LOOP OPENING DISTRIBUTING ANNOUNCEMENTS OF THE FOLLOW ING WEEKS OPENING CEREMONIES MEMBER FUND RAISING COMNiITTEE FOR THE IVIILAGRO CENTER. CITY OF DELRAY BEACH ~ ~:"/£~ BOARD MEMBER APPLICATION 'Y-;~-'~/~ Pleas e in for/nation: 1. Last Name: Name M.I. 2. Home Address: State Zip Code 3. Legal Residence: City State Zip Code 4. Prindpal Business AddresS: Cit~ State Zip Code 5. Home Phone: Business Phone: F~Mail Address: Cell Phone: Fax: 6. ~reyoua,. Ifso ' tered? 8..L~s_ t all City Boards o, which you ate cu~entl¥ serving ~[ h~e preViOusly serve& (Please fadud¢ dates) 9, AdUC~tio.~t qualifications: . 10. Li~t any related professlon,l certifications and licenses which you hol~: 11. Gtve your pres~t~ or ~ost recent employer, ~ad po~ifiom 12. Describe expefieaces, skills oe l~owle~lge which ClU.~ you to se~e 0~ this board: (Please attach a brief msome) "' I hereby certi~ th;t ~I1 the above statements axe tm% an<i I agree and understand that any misstatement of contahed in this application may cause forfeiture upon my part of~ appointment I may ~eceive. Note: '%~ a~fi.l~catio~ ~i-, ~ on £ne re'me ¢it3 c~er~'s O~ce ~or ~ ~od o~ 2 ~rs ~om me a~te it'w~s submitted. It will be the applicant's responsibilit~ to ensure that a current application i~ on Samuel Resnick 2835 SW 13th Street Delray Beach, Fl. 33445 Ph# 561.330.8419 Resume of Samuel Resnick 1. Education a) Graduated fiom City College of New York in Aug. 1949 with a Bachelor of Civil Enginering Degree. b) Completed various courses in Building Code Administration and code analysis. Theses courses were given by Building Officials and Code Administrators, International. (BOCA) 2. Licensing a) Retired professional engineering licenses- Florida, Connecticut, New York, New Jersey, and Vermont. b) Retired registered architectural licenses- Florida, Connecticut, New York, Mass., Vermont, Delaware, Pennsylvania, and the National Council Architectural Review Board. c) Certified as Chief Building Official by State of Connecticut in 1979. 3. Organizations a) Was member of State of Connecticut Codes and Standards Committee fiom 1982 to June 1987. b) Adjunct Assistant Professor in Civil Engineering Technology at Norwalk State Technical College. c) Member of the construction panel of The American Arbitration Association. d) Member of the Palm Beach County Board of Education oversight committee on school construction fxom 1995 to 1996. 4. Experience a) Oct. 1991 to Mar. 1995- Consultant to the Mayor oflqorwalk, Ct. See attached letter. b) August 1986 to Oct. 1991- Private practice as Architect-EnQneer. c) March 1978 to August 1986- Director of Code Enforcement and Chief Building Official. d) June 1957 to March 1978- Private practice as Architect-Engineer. e) From 1939 to 1957- (exceot for two years in U.S. lqavy and three y~ars in en~nering school) worked for various architectural and engineerin~ firm~ BOARD MEMBER APPLICATION 1993 2001 ~ Home Ad'ess: / S~te 3. ~ ~d~nc~ 4. ~ap~ Bu~ess Address: 5. Home Phone: Bu~css Phone: ~ ~&css: ~ Pho~: F~ 6. ~e you a g~stered vote. %/~ ~ If so, ~e m you ~s~? ~ 7. ~at Bo~(s) m you ~3~g~ed ~ s~? P~se ~t ~ ~cr of ~f~ce' O. ~St ~y r~ted p~fe~io~ c~ficafi~v~ ~d ~c~ses ~ you hold: 11. Give your presen~ or ~ ~,- ._ ~n~m ~s sp~fion ~y ~ f~d~ ~n my ~ of~y ~mt I ~y ~e. subbed. It ~ ~ ~e ' ' ..... ' ~ ~ ~. · JUN 3 0 2003 - - -' OITY CLERK MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER SUBJECT: AGENDA ITEM # C~,~._ REGULAR MEETING OF SEPTEMBER 7, 2004 APPOINTMENTS TO THE BOARD OF CONSTRUCTION APPEALS DATE: SEPTEMBER 3, 2004 The term for Chris Ryan expired on August 31, 2004. Mr. Ryan has fulfilled two full terms and is not eligible for reappointment. The term would be for two years ending August 31, 2006. At the City Commission meeting of August 3rd, Mr. Reginald Cox and Ms. Lesley Deutch were appointed to other Boards creating vacancies for an unexpired term ending August 31, 2005. To qualify for appointment, a person shall have actual previous experience in their respective trade or profession deemed sufficient by the Commission. Residency is not required. A person need not own/operate a business in Delray Beach. Membership is composed of the following: An air-conditioning contractor, an architect, two general contractors, a master electrician, a professional engineer, a master plumber, a realtor or insurance agent, and a sign contractor. Attached is a listing of the current Board members and their occupations. The following applicants would like to be considered for appointment. Please see Exhibit A A check for code violations and/or municipal liens was conducted. None were found. Voter's registration verification was completed and all are registered with the exception of Anthony Spirelli. Mr. Spirelli has recently completed the Voter's registration form and mailed it for processing. Based on the rotation system, the appointments will be made by Commissioner Levinson (Seat #3) for a two year term, and Mayor Perlman (Seat #5) and Commissioner Costin (Seat #1) for an unexpired term ending August 31, 2005. Recommend appointment of one (1) member to the Board of Construction Appeals for a two year term ending August 31, 2006 and two (2) members for unexpired terms ending August 31, 2005. BOARD OF CONSTRUCTION APPEALS EXHIBIT A A/C Contractor Architect Jose Aguila General Contractor Patricia Neyra Electrician Engineer Plumber Anthony Spirelli Real Estate/Insurance Agent Pearl Bunny Markfield Eh-od (also applying for Board of Adjustment and Code Enforcement) Sign Contractor Miscellaneous Carol Aharonovic (Appraiser) (also applying for Code Enforcement) Jeremy Office (Financial Advisor) (also applying for P & Z) Norman Rosenblatt (Environmental Supervisor) Patricia Westall (Consultant) UL-15-PB~4 ~8:19 FROM:CURRIE so~q~Ds A~JIL 561-24~-8184 TO:2~dd~4 P.1 CITY OF DELRAY BEACH BOARD MEMBER APPLICATION 1993 2001 Please type or p.int thc fo~n~ ~o~W~' M. L ~. 2. Home Ad~: - State ~ Code 3. ~ R~de~: ~ ~ ' State ~p Code 5. H~ Pbgc: Bu~s Ph~ I ~ Add.s: ]~ Phoae: F~: 10. ~ ~y ~ted prof~on~ c~s ~ ~ ~ ~u ~: 11, .C_&re your present, or most zecexllr employer, md poem 1Z Des~bc ~m~, s~ ~ ~ w~ch q~ y~ to s~e on ~s ~.& ~l~e ltt~h ~ h6~ reset) l heaehy certify that fll the above st~ r~-nts ge true, and ! agte~e and uttderstauacl that a~y missmr~racut of m~t,,4,1 f~cts contained in this ~p~ation may cause foffelmre ~po~ u~y p~-x of my :tppolntment I may receive. v, Note: This appllcado, will remu!n on file in thc City Clerk's Office for a period of 2~fx~x~, ~tr_~r~. k was submit~c~ lc xvilI be the zpptic~nfs zespong;hilig'y to ct~urc that a cuxxcnt a.plJ]-ilr:~.~ ~.8x~lC~' I.) JUL 1 5 2004 CITY CLERK JOS~: N. AGUILA, A.I.A, NCARB AR 0015349 Home Office 800 SW First Court 134 NE 1st Avenue Boynton Beach, Florida 33426 Delray Beach, Florida 33444 (561) 737-8894 (561) 276-4951 QUAUFICATIONS Registered architect with over twenty years of architectural and construction related experience ranging from residential to large scale commercial and governmental projects, with proven abilities in production, project management and construction administration in both public and private sector. EDUCATION Bachelor of Architecture Florida A&M University, 1988 Bachelor of Science in Architectural Studies Florida A&M University, 1981 CERTIFICATIONS Florida Registered Architect MEMBERSHIPS Member American Institute of Architects National Council of Architectural Registration Boards · WORK June '99 - Present, Project Manager/Architect, Robert G. Currie EXPERIENCE Partnership, Inc. March '98 - June '99, Senior Construction Manager, O'Connor & Taylor, Inc., General Contractors. September '93 - March '98, Construction Manager/Architect, City of Delray Beach. March '83 -September '93 Currie Schneider Associates AIA, PA. Delray Beach, Florida. Associate, Project Manager. PAST BOARD BoYnton Beach Building ·Board of Adjustment and Appeals MEMBERSHIP Boynton Beach Planning and Zoning Board Boynton Beach Downtown Review Board 'Boynton Beach City CommiSsioner/Vice Mayor Boynton Beach Community Redevelopment Agency Palm· Beach County Municipal League Treasure Coast Regional Planning Council Boynton Beach Planning and Development Board 'IIII! CITY OF DELRAY BEACH BOARD MEMBER APPLICATION 2001 Please type or print the following information: 1. Last Name: 2. Home Address: ! State Zip Code 3. Legal Residenc~ City ~ State Zip Code ,,I 4. Principal Business Address: City State 25p Code 5. Home Phone: Business Phon*c: E-Mail Address: '~r~ Cell Phone: Fax: 6. Ate you a registered voter? If so, where are yqu registered~ 7~ What, Board(~ ate~u interested in~sexving? P~,ase list in order of preference: 8. List all City Boards on wl~ch you are currently serving o~ li~e p~evio~y sc~v~. (PIcas¢ include dates) 9. Educaaoaal qualifications: 10. List any rSvl~ted PrOfessional cerdfications and licenses which you hold: 11. Give your present, or most rec~mt employer, and posifiom l~be ex~ences, skills or I~nowledge Which qualify youio ~:~rve on this board: (PIease attach a brief resume) fy tha ~11the above statements ate ~rue, and I agree and understand that any misstatement of material facts y cause forfeiture upon my part of any appointment I may receive. SIGNATURE DATE Note: This application will remain on file in the City Clexk's Office for a Fe,4od of 2 years from the date it was submitted. It will be thc applicant's responsibility to ensure ~1~[~ fa~ff:r~tion is on file. ~llG 17 200& CITY CLERK Zt0 S. Federal Hwy., Suite 202 oynton Beach, FL 33435 154) 520-1469 (CELL) (561)735-9512 (OFFICE) ~ ~praiSalsi~yahoo.com ,USZNE$S EXPERI'ENCE II Family Appraisal ;rate Certified Real Estate Appraiser/ President) 08/04-Present ~erforms all types residential real estate appraisals, reviews, and consulting. II Family Realty, Inc. (Formally Avron Realty, ~,EALTOR Associate/ Office Manager) 1995- Present {esidential and commercial real estate sales, acquisition, development, leasing and management. .H. & A Management (Subsidiary of Avron Realty, [nc.) )roperty and Asset Manager) 1997 - Present lanages multiple portfolios of real estate, lease held estates and other assets. Responsible for all spects of management, maintenance, acquisition and sale of properties and assets held. hired Appraisal Associates ~,eg. Appraiser/Residential Appraisal Department Manager) 10/02-08/04 erformed residential appraisals under a State Certified Appraiser. Manages all aspects of the .~sidential appraisal department directly under the supervision of the State Certified Appraiser/ resident. u~h Appraisal Service Aegistered Appraiser) 4/02-:~0/02 erformed residential appraisals under a State Certified Appraiser. t Your Service! rocess Serving and Background Checks ole Proprietor 1999 - 2001 forked as a process server, serving and filing process. Performed background and credit checks, and ther legal research. .:DUCAT]:ON ~accalaureate Degree in Business and Public Management with a major in Real Estate, Iorida Atlantic University ;ppraiser Post-Licensing Courses (AB[Ia & ABIIb), institute of Real Estate Studies ,ppraiser Pre-Licensing Courses (USAP, Florida Law), Appraiser Institute 1tie Agent Pre-Licensing Course, Palm Beach Community College oan Origination Pre-Licensing Course, Palm Beach Community College ;alesman's Pre-licensing Course, Gold Coast School of Real Estate ;alesman's Post-Licensing Course, Gold Coast School of Real Estate "~ON REALTY, INC. Salespersons Training Course/internship ,~,anish River High School, Boca Raton, FL - Alumna _~AROL.Z-'~HARON Ov lC (connnuea) ;TATE L~[CENSES HELD tale Certified Residential Real Estate Appraiser License ~RD4663 It'~$ a State Certified Real Estate Salesman's License # SL0626648 ;TRENGTHS iommunication: communicates well in speaking and writing; able to act as liaison between different ~rsonality types; comfortable and effective communicating with superiors, staff and customers. .eadership: wide range of interpersonal skills to encourage and instruct others. ~esponsibility: accustomed to being in positions of responsibility; self-motivated and willing to set ioals and work to achieve them. )rqanization: uses time and resources effectively; considers efficiency, planning, and accountability :xtremely important. ] m utar Ex ertise: experienced and profident in Windows, Aldus, Quickbooks, Microsoft Office, Pc kccess, Stellveiw, Wintotal, ISC, Internet programs, and can easily master any new system and )rograms. :inancial Knowled_~_~_Z: experienced in the preparation of budgets and income statements. Understands .~redit reports, all types of mortgages, qualification standards, costs, and financial leverage. Vlarketi~rtise: Understands consumer behaviors and buying patterns, economic and ~ographic patterns, market trends and business strategy. Experienced in the creation and mPlementation of marketing plans, programs and promotions. Real Estate Expertise: experienced in all aspects of commercial and residential real estate. Experienced in: property appraisal, management, maintenance, acquisition, development, sales and leasing. Other: analytical problem solving skills, quick learner, solid work ethic and finds satisfaction and pleasure in achieving goals. AWARDS/HONORS 1999 Young Entrepreneurs "Young Entrepreneur of the Year" 1996 Realto~ Association of South Palm Beach County "Rookie of the Year" Realtors Educational Foundation Academic Scholarship _.M_MEMBERSHI'P REALTORS Association of South Palm Beach County Boynton Beach Chamber of Commerce Delta Sigma Pi - zf 671 Rotary pERSONAL '~;ident of Florida since 1978 FlUent in English, Spanish, and Romanian i Ct BOARD MEMBER APPLICATION 1993 2001 ~it.~ 1 infn~m~on: 2. J:[°me_Addrr.$s: 3. ,l.~gal Residence: t"h37 S~e ZiE Codc 4. Pgncip/$usineSs Address: T. ~t B~ua~ ~u ~!~t~d ~s~g? Pl~se ~t ~ o~ of p~f~ ~ lO. ~st ~). zchtcd pmfessio~ c~ons ~d ~c~seS ~ you h~d: 11. ~e yout, prcscnk or most ~c~plov~, ~d ~ /~ ~/~. ?~_ _ RECEIVED SZGN,~ JUL 2 ~ 2003 RESUME FOR PEARL BUNNY MARKFIELD ELROD DIRECTOR RESEARCH DEPT:NATIONAL ENQUIRER NEWSPAPER 04 Yrs) REALTOR: COLDWELL BANKER REAL ESTATE (22 YRS) (multimillion dollar producer) PRESIDENT: MERRITT PARK HOME OWNER'S ASSOCIATION (4 yrs) BOARD MEMBER PROGRESSIVE RESIDElqTS OF DELRAY (2 YEARS) 1VtEMBER SW/lqW REDEVELOPMENT TASK FORCE (FROM INCEPTION) PRESIDENT BEAUTIFICATION COMM1TI~.E FOR THE NW/SW REDEVELOPMENI TASK FORCE) MEMBER DELKAY LOOP a. CO-MANAGED TROLLEYS FOR OPENING DAY EVENT b.WORKED ON CLEAN-UP COMMITTEE DAY BEFORE OPENING OF LOOP-PICKING UP GARBAGE IN SW/NW SECTIONS c. WORKED AT DELRAY FRESH MARKET WEEK PRIOR TO LOOP OPENING DISTRIBUTING ANNOUNCEMENTS OF ~ FOLLOW ING WEEKS OPENING CEREMONIES MEMBER FUND RAISING COMMI. TFEE FOR THE MILAGRO CENTER_ P ~ t~pe orp~t the fDlbw iqg iffDm atbn: 2. H om e A ddz~ss: C' St~t~ Z Jp Code 3. L~R~: C~ Sm~ '~ Z~Code 4. P~c~Bus~Addm~: Ci~ State 75p Code 5. ~omePhone: Bu~Phone: E~ ~dd~: Ce~Pho~e: F~: 6. A~ ~u a~ vo~ y~ ~,whe~ ~ ~u ~? ~/~ 7. W hatBo~ ~) ~ ~u ~ ~ ~g? P~ ~ o~erofpm~mn~: 8. L~C ~Bo~son wh~ ~u ~ ~ ~g orh~e p~vbu~ ~: ~ ~c~de da~) 9;: g Cu~n~,a~a~ns: ' 10. L~y m~m p~b~~ns ~d ~w h~ ~u hg~: ' ~2. ~ ~e ~pe~, ~ or ~o~ ~ge ~ h~ ~ ~u ~ ~e on ~ bo~: ~ ~ a~ a b~f ~ e) I he~y ~ ~at ~e ~ove ~ ~ ~ me, ~d I ~m md undmd ~at my m ~m ent ofm a~] ~ ~n~~ m a~ ~ ~m upon'm yp~of ~y ~po~:~t Im ay ~e. AUG 0'2 200 CITY CLERK PATRICIA A. NEYRA ll4NW 7TM Street Delmy Beach, Florida 33444 954-684-8805/561-272-7746 fax EXPERIENCE: EASTERN DEVELOPMENT, INC 1997- PRESENT Vice President Oversee Fort Lauderdale office operations including contract negotiations, accounting, marketing, business development, estimating, permitting & construction management functions for a general construction company with expertise in the building of national retail & restaurants in Dade, Broward & Palm Beach counties. Open & oversee temporary Orlando satellite office operations. HOLLYWOOD ECONOMIC GROWTH CORPORATON 1995- 1997 Vice President Develop & implement economic development & marketing programs that encouraged business attraction & retention, the redevelopment of underutilized properties such as the Diplomat Hotel and provide an informative database to prospective developers. Duties included working hand in hand with the Hollywood Economic Growth Corporation Board of Directom, Mayor, City Commissioners & Chamber of Commerce Board of · ' Directors. JUNIOR LEAGUE OF GREATER FORT LAUDERDALE 1993-1997 Administrative Assistant to the Board of Directors Assist Board of Directors with the coord'mation of fundraising events, commanity programs, committee meetings, Board of Directors meetings & oversee the office operations & maintenance. EDUCATION: KEY WEST HIGH SCHOOL 1997-1990 FLORIDA KEYS COMMUNITY COLLEGE 1990-1992 FLORIDA ATLANTIC UNIVERTY 1992-1994 LICENSES & ACCOMPLISHMENTS: CERTIFIED GENERAL CONTRACTOR MEMBER OF THE RETAIL GENERAL CONTRACTOR'S ASSOCIATION FLUENT IN THE SPEAKING, READING & WRITING OF SPANISH 2001 ~837 Cormorant Road . ~e.Lr~ Besch. I,'1. 3~&~ 4. Pdncipal Busin~s~ Address: Ci~ ~cc Zip Code 777 I(. Acl;~ncic Ave. St, ice 400 Delrny_~C.3~ ~ .. _33493 (561) 330-2713 (5fil)_27fi-1641 Offlce.l~Be].l.,outh,~[5.615670-71'tl~ r561~ .~.~n-v.~ 6. Are you a rc~rcr~ w,rcr? If so. where arc you rcg4sterc~P Yes Dt*i r&y .B,-nch -- 3) Ne.~hborhood Advisory Co.Hr. il 8. last ~1 (2i~ ~a~ on which you :irc <un-cndv scm'iht, or have prc~,iously sc~'~: (l>[¢~lsc include d<l~es) 9_ F. ducadonal quMifications: ll~. I~r any related professional ~rfificafions and liccnsc~ which you hold: ~ ~. Give your prcscn<, or most recent employer, and position: 12_ l)cscdl< cxpmcnccs, s~Us or know~dge which ClUadi~, you ~ sc~: ,,n this Iw~ard: O~k~sc amuck :, hficf resume} conmincd/~n r)]is ~plication mat), cause for£cil'urc u~n my part o£any ajTq,..ii'.'mcnt J may receive. /'/ //...> Note: Ttils'applicati0n will remain -n filein th~: City Clerk's OFfice for a period of 2 ycars from th~ dam ir,was submir£<d. It ~il[ bc the :tppl~cant's responsibili~ ro ensure that a current RECEIVED JUL 09 Z00 CLERK i 2837 Cormorant Rd Delray Beach, FL 33444 Telephone: (561) 330-2713 ~ E-Mail: offieej~bellsoutl~net Jeremy S. Office Developed strong omnagement and sales skills while creating valuable networldng and inter-personal relationships. Facilitated total customer satisfaction by exhibiting versatility, dependability and a bottom-line mentality. Proven ability to adapt to new business situations and in a short time period, performance has resulted in a path of consistently increasing responsibilities and promotions. ll Merrill Lynch & Company; Delray B,~ae~, Florida (April 2002 Present) Financial Advisor (Global Private Client Group) April 2002 - Present · Serve as the Financial Advisor to over 90 households · S~reng proficiencies in the arenas of Retirement Planning, Liability Management and Managed Money · Provide con~limentary financial planning services to the employees of the City of Delray Beach Daleen Technoloeies Inc4 Boca Raton, Florida (December 1998 - December 2001) Partner Manager (Sales Division) April 2001 - December 2001 · Responsible for managing specific partners from pre-sales to the integration contracts ($50K-$ IMM+). · Developed multiple new vertical markets for Daleen and their Parmers to enter. · Conducted sales mining around the couna-y for multiple partners and supported their Sales centers. Lead Partner Services Manager (Partner Services Division) January 2000 - April 2001 · Team lead in managing budget, resources, contracts and statements of work. · Responsible for development ora team of three managers. · Responsible for rolling out new "Partner Maturity Model" and implementing thc strategy. · Worked directly with the Director to create strategy, processes and documentation. · Major responsibilities were con~act negotiation, contract analysis, preparing statements of work and coordinating resources to support our Integration Partners. · Raspousiblc for over $500K of contributed revenue to our Professional Services and Training divisions. Business Analyst (Professional Services Division) December 1998 - January 2000 · Icad a team of Technical and Development resources in the first successful South American Implementation of the RevChain (BillPlex) product. · Concurrently worked to further develop the Business Analyst Forum as the Professional Services organization tripled in size during this time. · First entry-level hire by Daleen Technologies. Part of a three member team that created the RevChain (BiilPlex) "Package" which went on to serve as the competitive differantiator in the market space. · Excellent inter-persoual skills well suited for developing and snstainins long term relationships · Welbdeveloped planning, communication and documentation skills · Proficient in Excel, PowerPoint, Project, Oufloolq Access, Word, and Photoshop. lllll MaSters of Business Administration {MBA) · University of Florida; Gainesville, Florida; November 2002 Bachelor of Business Administration: Finance (BA) Minors: MIS and Pre-Law. · Miami University; Oxford, Ohio; Jane 1998. Designations: · Certified Financial Manager (CFM) · Charteled Retirement Planning Counselor (CRPC) · Cerffiied Financial Planner (CFP) - currently taking courses · Series 7, Series 66, Series 31, Life, Health and Variable Annuity Licenses RECEIVED MAY n 7 2003 CITY CLERK REOEIVED JUL 2 ~1 2O03 CiTY CLERK :'12131'1 : F~X HO. : 561 4?7 1645 lug. 17 2g~4 08:t~::~ql,I P1 08,:08/04 ~I 1~:~1 F~ ~ul ~43 37~4 CITY C~ ~ ~ ~ ~-/?~6 BOARD MEMBER A~LICATION 2. ~ A~: i 7~ C~ 4. ~ri.~p.I ~e~s A~cs~: Ci~ State J Zip Cod* CITY CLERK ~ : F~X 1~13. : ~,1 477 1E,-~.5 Aug. 17 ~ 10:0225t:~'1 P1 Vantage hltlt~strle:% Inc. & Plumhuilt~ Inc. - I:loca Rat. n~ Florida August ~99~ io present ()whirl' fx~d nlanagcr Gl'day-to-day operations lOt plnnlDin~ cofltlaCtlng business SCl'Vlcln~ Broward and Paln~ Beach Counties. Statcwide Plumbing - Boca Raton. Florida Fcbruar~ 1996 to September 199g Sim'ted ~]s a .Ioumeyn~an plumber and w~s promoted to Foreman. In three mo~lths, becmnc Field Supervisor / Pro ect Manager in charge of scheduling and coordinating approximately 30 plumbers assigning them to their daily jobs and prqiccts. Additional dulies iucludc: attending weekly job site meetings, purchasing material tk~r rcspcctive jobs, change orders, conducting weekly meeting with employees in my charge. Listed below are a Ibw. of thc pr{~jects (including restaurant) that I completed: Vantage Plumbing & Hettting, Inc. - Mahopac, New York June 1985 to .lanua*v 199(, Vantage Plumbing & Heating, Iuc. was a phtmbing contmctlng business dealing primarily with Comnlercial/industrial plmnbing sctw'ices and installations, inclttding glass pipe. mechanical joints, PVC, no hub, Ih~ seal, etc. Vantage Plumbing also handled ali aspects of sewer and drain services and inslallations. As owner, [ had extensive experience in estimating new work fi-om s~cifications and/or plans, scheduling time on jobs Ikn- my workers, accounts receivable and accounts payable. Recent contracts had becn with Ciba Geigy, AXCO Chemical Philip Mo~is and General Foods (all basi~lly in the Westchester a~a). I had a stall' of '3 ik, rcmen. 6 mechan cs 3 ~e l>ers with 4 service vehicles on tile road daily_ Vantage Plumbing also served zcg a prope)~y manager lin- areaI estate company IBr 2 nF their properties, talcing care {,f general maintenance repair work, con~acting landscapers, snow rcmova.l, crc. Dante's Pizzeria amid Restau~n( - Mahopac~ New York Jtme 1984 to .lune 1985 Dante's Restaurant was omaed and operated by' my wife and myscIlk I found an cmply store, renovated it completely, gol thc bmsiaess going and sold it al 4 times our original investment. In one year's time. wc became lhe highest volume pkze)'ia in Mahopac. Wc had a dining capacity oi'60 patrons and a total smffofapproximately 15 crap oyees. Wine Imports~ I~c.- Hawthorne~ New Jersey 1979 tn 1984 &s salesman For Wiue Impolis, my te~tory was primarily Westchcster County. I sc~iced approximately 42 accounts, including retail liquor stores, reslaurants ~d bars. Wine Impo~s wins eventually sold ~d I le(k [o open my own restaurant. Plumber's Local ~209 - Yonkers~ New York 1968 to 197~ Worked Ikn' Plnmher's Union, starting ~s a hel~r mid progressed to foreman. During these 11 year~ I worked Ibr many plumbing companies such as Mm~ood Mechanical, Harmony Plumbing & Sprinkler, Inc., bo~h of Yonkers, NY_ Experience was mostly in commercial and industrial Graduated Rom Saunders 'l'mde and Technical High School m' 5'~¢ nkem. New Ynrk Gr~nated aJ~d ce]lifted Ii-om Plmnbing~s Union Local 209 Apprenticeship 5 year training course, consisting of practical ex~tSence, plan reading; safleX' cou~cs managerial and purchasing courses. ' BOARD MEMBER APPLICATION 1993 2001 Please type or print the following information: · M.L 1. LastName: [aU~t~%~ll NameC-~ ~"~-~'lC~/~ 2. Home Address: City , S~L Zip ,Code 3. Legal Residence: I / City ! State Zip Code 4. Principal Business Address: City State Zip Code 5. HomePhone:~ .-, ] BusinessPhone: E-MailAddre~s: , ~.~ L~llPhone:.~ Fax: 6. Are you a registered voter. _ . If so, wh~e a.m you registered> 7. ~at BoaM(s) are ~ou intere=ted in se~ Please Est N order of preference:, , 8. ~st a, Ci~r~ w~ch you are c~ently se~ing or have previously se~ed: ¢lease include dates) 9. ~ucafionfl q~ficafions: 10. List any related professional certifications and licenses which you hold: 11. GDt: your present,~or most recent emrqoyer and position: 12. Describe experiences, skills or knowledge which qualify you to serve on this board: (Please attach a brief resume) ][ hereby certify that all the above statements are tree, and I agree and understand that any misstatement of matedal facts c n~ed in this application may cause forfeiture upon my part of any appointmentfl may r~ceive. Note: This application will remain on fil.e, in the City Clerk s Qffice for a pen:~of 2 years from the date it was submitted. It will be the applicants responsibility to en~}r~ t~a~a~[~nt application CITY CLERK PATRICIA T. V~'ESTALL 1102 Seaspray Avenue D¢lray B~ach, FL 33483 561.243.7959 Patricia_Westall~hotmail.com SUMMARY A high energy healthcare professional with over twenty years of experience in client services, specializing in clinical consulting, marketing, sales, strategic planning and administration. Excellent problem solving abilities and group process skills. Can work with professionals and groups at any level. SKILLS CLIENT SERVICEs Managed hospital accounts at executive level as point of contact, from initial delivery/installation through complete product~service delivery with consistently high customer satisfaction ratings. STRATEGIC PLANNING Directed hospital strategic planning process. Served as planning consultant to clients for defining goals and objectives, negotiating vendor contracts and refining market share strategy. MARKETING Directed marketing activities for clinical outcomes management firm and was VP of Marketing for large urban hospital. COMMUNICATION Strong presentation skills refined through managing a variety of sales presentation models to large and small groups, including physicians and hospital boards. SALES Successfully sold multi year contracts for clinical / financial outcomes products and services to hospitals and health systems. EXPERIENCE June 2000- Consultant and Independent Contractor, Atlanta Georgia and Deiray September 2002 Beach, Florida Hospital and Physician Practice Managed Care Contracting GE Medical Systems Healthcare Solutions, Atlanta Georgia March 1998- Regional Director/Senior Manager, Client Services June 2000 Responsible for account management for clieot~ in multiple states a~ well account renewals and additional product and consulting sales. September 1990- IAMETER, Inc., Atlanta, Georgia February 1998 Senior Manager Presented, sold and delivered clinical outcomes products/services to administration and medical staff. Directed marketing activities and training of new sales, marketing and account management personnel. Participated in planning sessions as well as development of new consulting practice areas. July 1983- GEORGIA BAPTIST MEDICAL CENTER - Atlanta Georgia April 1990 Vice President, Planning and Marketing Directed planing and marketing functions for this 500 bed non-university teaching facility and its affiliated organizations. Coordinated strategic pinnning process. Directed development of data support systems. Managed public, community and guest relations. Coordinated all physician support activities. Supervised staffin six supporting departments. June 1982 - EGLESTON CHILDREN'S HOSPITAL AT EMORY UNIVERSITY July 1983 Atlanta Georgia Strategic Planning Analyst Coordinated statistical support for facility strategic plan. Served as liaison between hospital board, administration and long-range planning strategy consultants. EDUCATION 1990 M.P.H. - Health Administration Emory University - Atlanta Georgia 1979 B.B.A. - Health Administration Georgia State University - Atlanta Georgia SELECTED PROFESSIONAL/VOLUNTEER ACTMTIES · Society for Healthcare Strategy and Market Development of AHA · Georgia Society for Healthcare Planning and Marketing, Past President · Women Healthcare Executives, Founding Member · Georgia Nurses Foundation, Inc. Board Member 1994-1996 · GSHPM, Annual Meeting, 1993, Faculty · NAHDO, Southeastern Regional Meeting, 1994, Measuring Provider Performanee~ Presenter · Quality Review Coordinators of SW Ohio, 1994, Making Sense of Data, Presenter · South Carolina Health Information Management Association Annual meeting, 1995, Presenter · International Communications for Management, Direct Contracting'96~ The Future of Managed Care, 1996, Presenter · International Quality and Productivity Center,. Best Practices in Direct Contracting~ 1996, Workshop leader · Community Service Award, Women Healthcare Executives, 2000 * Cedar Hill Enrichment Center, Board Member, 1999~2002 · Metro State Prison for Women, Atlanta, Volunteer, 1997-2002 · Palm Beach Literacy Coalition, Reading Tutor, 2003 - present · Delray Beach Residents Academy, Graduate, May 2004 · Beach Property Owners Association, Design Guidelines Task Force, 2003 -2004 MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER ~ SUBJECT: AGENDA ITEM # C~ ~_~_ REGULAR MEETING OF SEPTEMBER 7, 2004 APPOINTMENT TO THE NEIGHBORHOOD ADVISORY COUNCIL DATE: SEPTEMBER 3, 2004 Mr. Harvey Stafin has forwarded his resignation from the Neighborhood Advisory Council creating a vacancy for an unexpired term ending October 31, 2006 for Zone Six. On September 9, 2003, Ordinance 27-03 establishing the Neighborhood Advisory Council 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 was passed and adopted. The Neighborhood Advisory Council consists of fiReen (15) members and two (2) student members. Twelve (12) members are residents with two (2) residents 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. The following individuals from Zone Six have submitted applications for consideration: Applicant Occupation Subdivision Gerry Franciosa Retired Law Enforcement Tropic Isle Jeremy Office Financial Advisor Tropic Palms Nancy Schneider Flight Attendant Lowry Park Estates James Smith Controller Banyan House A check for code violations and/or municipal liens was conducted. None were found. Voter registration verification was done and all are registered. Based on the rotation system, the appointment will be made by Mayor Perlman (Seat #5). Recommend appointment of one (1) member to the Neighborhood Advisory Council for an unexpired term ending October 31, 2006 for Zone Six. Harvey D. Starin 3596 Admiral~ Way Delray Beach, Florida 33483 July 26, 2004 Ms. Janet Meeks Education Coordinator City of Delray Beach 100 NW 1st Ave Delray Beach, FL 33'!.~ Dear Janet, After a great deal of thought I have concluded that my personal and professional time constraints will not allow me to adequately perform my duties as a member of the Neighborhood Advisory Council. Regrettably, I feel the only prudent thing to do is to resign to allow someone else to take my place. I think the work of the Council is important and the people I met on the council were strongly committed to making a difference in our City and in the neighborhoods in which we live. For me to continue with a less than complete time commitment would not be fair to the others or to the underlying ideals of the Council. I wish to thank you for allowing me the opportunity to participate and wish you and the rest of the Council members best of luck as you continue to pursue this most worthy effort. CITY OF DELRAY BEACH, FLORIDA " Neighborhood Advisory Council - Appointment Zones - NEIGHBORHOOD ADVISORY COUNCIL 02/04 TERM EXPIRES DISTRICT NAME & ADDRESS TELEPHONE 10/31/04 Zone 1 Frances Chassen Home: 498-5870 Appt 02/17/04 Unexp 4730 D Northwest Fourth Street Work: 499-6323 Delray Beach, FL 33445 Fax: 10/31/04 Zone 2 Robert Gillespie Home: 638-8697 Appt 11/04/03 460 Sherwood Forest Drive Work 278-2628 Dekay Beach, FL 33445 Fax: 278-8688 10/31/04 Zone 3 Kau'en Lustgarten Home: 266-9084 Appt 11/04/03 1850 Homewood Blvd #408 Work: 202277-2522 De[ray Beach, FL 33445 Fax: 10/31/04 Zone 4 Cory (Caroline) Cassidy Home: 278-0150 Appt 11/04/03 424 Palm Trail Work: 266-6760 De[ray Beach, FL 33483 Fax: 265-0616 10/31/05 Zone 5 Evelyn Dobson Home: 276-3593 Appt 11/04/03 130 Northwest 3,d Avenue Work: 994-1788 De[ray Beach, FL 33444 Fax: 912-9076 10/31/05 Zone 6 Fred Fetzer Home: 276-6712 Appt 11/04/03 932 Evergreen Drive Work: 715-9030 Delxay Beach, FL 33483 Fax: 10/31/05 Zone 1 Arthur Brown Home: 496-0264 Appt Unexp 01/13/04 4255 Northwest l0th Street Work 862-2361 Delray Beach, FL 33445 Fax: 10/31/05 Zone 2 Sheldon Weft Home: 496-0549 Appt 11/04/03 925 Greensward Lane Cell: 573-9355 De[ray Beach, FL 33445 Fax: 496-3867 10/31/06 Zone 3 Susan Kay Home: 495-7848 Appt 11/04/03 2571 Hampton Circle North Work: Detray Beach, FL 33445 Fax: 10/31/06 Zone 4 Mike Cruz Home: 274-4856 Appt 11/04/03 1510 North Swinton Avenue Work: 954 427-0404 X230 De[ray Beach, FL 37.4~. Cell: 350-7360 10/31/06 Zone 5 Gail Lee McDermott Home: 279-2551 Appt 11/04/03 721 Southeast 3'd Avenue Work: 276-8763 De[ray Beach, FL 33483 Fax: 279-4331 10/31/06 Zone 6 Harvey Starin Home: 272-1665 Appt 11/04/03 3596 Admirals Way Work: 272-7100 Delray Beach, FL 33483 Fax: 243-6087 10/31/04 At Large Rita Ellis Home: 278-1666 Appt 11/04/03 Representative 512 Andrews Avenue Work: 278-7125 De[ray Beach, FL 33483 Fax: 274-3501 10/31/05 At Large Roy Fraker Home: 265-2607 Appt 11/04/03 Representative 38 I/2 South Swinton Avenue Work: 274-3215 Dekay Beach, FL 33444 Fax: 274-3201 10/31/06 At Large Charles Stravino Home: 495-5375 Appt 11/04/03 Representative 3631 Lowson Boulevard Work: 243-7412 De[ray Beach, FL 33445 Fax: 243-7461 10/31/04 Student Allison Mattocks Home: 737-8485 Appt 11/04/03 2595 Southwest 14th Street Work Boynton Beach, FL 33426 Cell: 441-6920 10/31/04 Student Aaron Ussery Home: 266-9647 Appt 11/04/03 333 Northwest 4m Avenue Work: De[ray Beach, FL 33444 Fax: S/City Clerk/Board 04/Nelghborhood Advisory Council '1111. OF DEL~Y BEACH MEMBER APPLICATION BOARD, 4. ~dpd ~ess Ad'ss: ~ S~ ~p ~ SEP ~ 9 2003 " ~ITY CLER~ I. La.~t Name: Name }.l, I. 2837 Cormorant Road 0elroy geacl!. I.'l. 33444 4. Phncipal ~usincss Add.ss: CiW State Zip (5xlc (561) 330-2713 (5fil)__27a-161,1 Office.l~Ballsotth.h~(5.613670-71q01 (56t3 't'tf}-Pql 6. Arc you a re, stored w~rer? If so. whcrc arc you r~qstcrcd? 3) Neighborhood Advisory Council ~. IJs~ ~1 Ci~ Boa~ om ~'hlch y~.,u arc c~mdy sc~'ing or hzv~ previously ~e~'~: (Pl~txe include d!~s) None-Currently 9. Educational qu:dificarlons: l~..]}.A--ll of Flat-id;i, B.,~- Miami llnlv,wrqlrv la. l.kt any related profcssion;d certificofinns :md licenses which you hold: Cerl:ified Fin:~ncial Hci!!a~L%£. Cha£teL'ed Ret~_~enl' Pl;mnim- Co,,n~o~e~ei,~-: 7 icrtes 66, Series 31. Healch..!n~9!=!nce, Life I..~t,l.gJ)~a. Variahle AI~I~[tL.. __ ¥i. Give your prcscnt, or most recent employer, and 12. I)c$c~l~ cxpmenccs, s~s or kn~'~lge which qu~i6' you to sc~t: ,,n this I~ard: 0~l~sc am~ch a brief resume) Se e .~.~.U m33 o,nmincdjn r~s :tpplicadon may taunt forfeiture ul'~m my gan ofimy app,,inrmcnt I may receive. Note: This application ~dll rem:fin on file in thc City Clerk's (3fficc for a peri~t of 2 years from thc dare ir was submitted. I~ ~11 be FtECEIVED JUL 09 200 · CITY CLERK 2837 Cormorant Rd Delray Beach, FL 377.a. I Telephone: (561) 330-2713 E-Mail: officej~betlsouth, net Jeremy S. Office Developed strong management and sales skills while creating valuable networking and inter-pemonal relationships Facilitated total customer satisfaction by exhibiting versatility, dependability and a bottonvlins mentality. Proven ability to adapt to new business situations and in a short time period, performance has resulted in a path of cousistently increasing responsibiLities and promotions. Merrill,Lynch & Company~ Delray Beach, Florida (April 2002 - Present) Financial Advisor (Global private Client Group) April 2002 - Present · Serve as the Financial Advisor to over 90 households · Strong proficiencies in the arenas of Retirement Planning, Liability Management and Managed Money · Provide complimentary financial planning services to the employees of the City of Delray Beach Daleen Technologies Inc4 Boca Raton, Florida (December 1998 - December 2001) Partner Manager (Sales Division) April 2001 - December 2001 · Responsible for managing specific part~ers from pre-sales to the integration contracts ($50K-$1MM+). · Developed multiple new vertical markets for Daleen and their Parmers to enter. · Conducted sales training around the countxy for multiple partaers and supported their Sales centers. Lead Partner Services Manager (Partner Services Division) January 2000 - April 2001 · Team lead in managing budget, resources, conuaets and statements of work. · Responsible for development of a team of three managers. · Responsible for rolling out new "Partner Maturity Model" and implementing the strategy. · Worked direefly with the Director to create s~ategy, processes and documentation~ · Major responsibilities were contract negotiation, contract analysis, preparing statements of work and coordinating resources to support our Integration Partaers. · Respons~le for over $500K of contributed revenue to our Professional Services and training divisions. Business Analyst (Professional Services Division} December 1998 - January 2000 · Lead a team of Technical and Development resources in the first successful South American Implementation of the RevChain (BillPlex) product. · ConcUrrently worked to further develop the Business Analyst Forum asthc Professional Services organization tripled ia size during this amc. · First entry-level hire by Daleen Technologies. Part ora three member team that created the RevChain (BillPlex) "Package" which went on to serve as the competitive differentiator in the market space. · Excellent inter-personal skills well suited for developing and Snst~inlng long term relationships · Wellqlevelopcd planning, communication and documentation skills · Proficient in Excel, PowerPoint, Project, Outlook. Access, Word, and Photoshop. ~ll~ Masters of B[~sineas Ad ministration {MBA) · University of Florida; Ganiesville, Florida; November 2002 Bachelor of Business Administration: Finance (BA) Minors: MIS and Pre-Law. · Miami University; Oxford, Ohio; June 1998. Designations: I Certified Fiuancial Manager (CFM) · Chartered Retirement Planning Counselor (CRPC) · Certified Financial Planner (CFP) - curranily taking courses · Series 7, Series 66, Series 31, Life, Health and Variable Annuity Licenses CITY OF DELRAY BEACH BOARD MEMBER APPLICATION 2001 2. Home Address: 3. Legal'Residence: , City State Zip Code 4. Ptindpal Bushaess Address: City State Zip Code 5. Home Phon< Bn~ine~s Phon~ E-l~ail Address: Cell Phon~ Fax: 6. Are you a registered voter? ~ q R ' If so, where are you registered? 7. What Board(s) are you interested in sexving? Please list in orde~ of prefexence: 8. List all City Boards on which you are ctmrently sexving ur hahre previously sexved: (Please include dates) 10. List any related professional certifications and licenses which you hold: 11. Give your present, or most recent employer, and posidomx 12. ~ experiences, skilh or knowledg~ which qm,llry you ~ serve on this boa~ (Please attach a bdef resume) ~o?ined m this at~li~n may cause forfeiture upon my pa~t of any appointment I ,may r~eceive. Rote: ~ application 'adll remain on file in the City Cletk's Office for a pedod of 2 ycar~ from the date itwas submitted. It ~ be the applicant's responsibility to ensure that a _ _cp~. ent_a~pplication is on file. OCT' .2 2003 CITY CLERK ? CITY OF DELRAY BEACH BOARD MEMBER APPLICATION~ Plea~ ~e or p~t ~e fo~ow~g ~fo~afion: L ~ ~: S~;4h Name ~m~ 2. Home Address: ~ IVJ. ) Ci~~ V~ Zipj~ ~e 3. ~ a~id~c~ Civ State ~p Code 4. ~B~ess Address: Ci~ Sam Z¥ ~¢ 5. Home Phone: Bus.ess Phon~ ~M~ Ad~s: Ce~ Phon~ F~ If so, ~ ~'~ou re~ste~? ~. ~reyouare~ster~vo~r?_. ~e5 ~1~ 7~ '~at ~(s) ~ ~u ~t~ ~ ~? P~e ~t ~ oM~ of p~ce: 10. ~t ~y r~t~ pro&ssionfl ce~ficafions ~d ~cens~ w~ch you hold: 11. Give your presen~ or most r~t employer, and ~sifiom . t lZ D~ ~[~, s~ or ~owl~ ~ch ~ ~Lo se~ on ~ ~ &l~e am~ a brief ~m~)' I h~by ~ ~at ~ ~c ~c s~t~ ~e ~e, aQd I ~ ~d ~d~d ~t ~y ~e~ of ~t~ f~ Note: ~s apportion ~ r~ on ~e ~ ~e Ci~ Cl~k's Office fo[ a ~dod of 2 ye~s ~m ~e date it subM~ed. It ~ & ~e app~t's respnsibB~ to ~s~e ~at a c~ent .nv. ~ 2002 MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER ~v[/{ SUBJECT: AGENDA ITEM # ~ KJ ~X. REGULAR MEETING OF SEPTEMBER 7. 2004 RESOLUTION NO, 67-04 .(TENTATIVE MILLAGE LEVY~ DATE: SEPTEMBER 3, 2004 Resolution No. 67-04 tentatively levies a tax on all properties in the City of Delray Beach for FY 2005 as follows: 7.45 mills for operation and maintenance of the General Fund 0.55 mills for the payment of principal and interest on bonded indebtedness 8.00 mills = tentative millage rate The rate of 8.00 mills is the same as FY 2004. Operating millage is decreased from 7.52 to 7.45, while debt service millage is increased from 0.48 to 0.55. The rolled back rate calculated under the TRIM law for operating purposes is 6.7619 mills. The tentative millage rate is 10.18% above the rolled back The assessed valuation on all taxable property within the City for operating purposes is $5,382,116,199. The assessed valuation for debt service is $5,383,166,342. The reason for the differential is the exemptions that were granted to historic properties in the City. They apply to operating millage only. Pursuant to the City Charter and TRIM requirements, a public hearing must be held prior to the adoption of the resolution. Final adoption of the FY 2004 budget is scheduled for September 21, 2004. Recommend approval of Resolution No. 67-04. S:\City Clerk\agenda memos\Res. 674)4 Tentative Millage Levy FY 2005 RESOLUTION NO. 67-04 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF D~Y BEACH, TO TENTATiVELY LEVY A TAX ON ALL PROPERTIES WITHIN THE CITY OF DELKAY BEACH, FLORIDA, FOR MAINTENANCE AND OPERATION, AND TO TENTATIVELY LEVY A TAX FOR THE PAYMENT OF PRINCIPAL AND INTEREST ON BONDED INDEBTEDNESS, AND TO A 1 J.OCATE AND APPROPRIATE SAID COLLECTIONS THEREUNDER. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That a tax of $7.45 per one thousand dollars ($1,000.00) of assessed valuation is hereby tentatively levied on all taxable property within the City of Delray Beach for the fiscal year commencing October 1, 2004, and ending September 30, 2005; There shall be and hereby is appropriated for the General Fund operations of the City revenue derived from said tax for operating and maintenance expenses of the General Fund, and also in addition, all revenues derived by said City during said fiscal year from all other sources other than the tax levy for current bond set-vice and that part of collection of delinquent taxes levied for bond service. The assessed valuation on all taxable property for operating purposes within the City of Delray Beach is $5,382,116,199. The tentative operating millage rate of $7.45 per one thousand dollars ($1,000.00) exceeds the rolled-back rate of $6.7619 per one thousand dollars ($1,000.00) by 10.18%. Section 2. That the amount of money necessary to be raised for interest charges and bond redemption which constitutes a general obligation bonded indebtedness of the City of Delray Beach is $2,812,704. There is hereby appropriated for the payment thereof, all revenues derived from the tentative tax levy of $0.55 per one thousand dollars ($1,000.00) of assessed valuation, which is hereby levied for that purpose for the fiscal year commencing October 1, 2004, and ending September 30, 2005, upon the taxable property of the City of Delray Beach, the assessed valuation being $5,383,166,342. Section 3. That the above tentative millage rates are adopted subject to adjustment in accordance with Section 200.065(5) of the Florida Statutes which provides that a municipality may adjust its adopted millage rate if the taxable value within the jurisdiction of the taxing authority as certified pursuant to Section 200.065(1) is at variance by more than one percent (1%) with the taxable value shown on the assessment roll to be extended. Section 4. That a public hearing was held on the proposed budget on September 7, 2004. PASSED AND ADOPTED in reg~l~r session on this the 7* day of September, 2004. MAYOR ATI'EST: Acting City Clerk 2 RES. NO, 67-04 MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER ~1 SUBJECT: AGENDA ITEM # BD~ - REGULAR MEETING OF SEPTEMBER 7. 2004 RESOLUTION NO, 69'04 {TENTATIVE MII.I.&GE LEVY IN THE DDA TAXING DISTRICT) DATPS: SEPTEMBER 3, 2004 Resolution No. 69-04 tentatively levies a tax in the mount of 1.00 mill on all properties within the Downtown Development Authority Taxing District of the City of Dekay Beach for FY 2005. This tentative millage exceeds the 0.8477 rolled back rate calculated under the TRIM law by 17.97%. A copy of the DDA's Certification of Taxable Value is attached, along with a copy of the DDA budget for FY 2005. Recommend approval of Resolution No. 69-04. Final adoption of the DDA tax levy for FY 2005 is scheduled for September 21, 2004. S:\City Cled~\agenda memo~\Re$694)4 Tentative Millage Levy DDA FY 2005 RESOLUTION NO. 69-04 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, TO TENTATIVELY LEVY A TAX ON ALL PROPERTIES WITHIN THE DOWNTOWN DEVELOPMENT AUTHORITY TAXING DISTRICT OF THE CITY OF DELRAY BEACH, FLORIDA, FOR MAINTENANCE AND OPERATION, AND TO APPROPRIATE SAID COLLECTIONS THEREUNDER. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That a tax of $1.00 per one thousand dollars ($1,000.00) of assessed valuation is hereby tentatively levied on all taxable property within the Downtown Development Authority Taxing District of the City of Delray Beach for the fiscal year commencing October 1, 2004, and ending September 30, 2005. There shall be and hereby is appropriated for the purpose of financing the operation of the Downtown Development Authority Taxing District revenue derived from said tax for operating and maintenance expenses of the Downtown Development Authority Taxing District, and also in addition, all revenues derived by said Taxing District during said fiscal year from all other sources other than the tax levy for current bond service and that part of collection of delinquent taxes levied for bond service. The assessed valuation on all taxable property for operating purposes within the Downtown Development Authority Taxing District of the City of De[ray Beach is $269,326,778. The tentative operating millage rate of $1.00 per one thousand dollars ($1,000.00) exceeds the rolled-back rate of $0.8477 per one thousand dollars ($1,000.00) by 17.97%. Section 2, That the above tentative millage rate is adopted pursuant to Florida Statutes Section 200.065(2)(e)(2), and subject to adjustment in accordance with Section 200.065(5) of the Florida Statutes which provides that each affected taxing authority, other than municipalities, counties, school boards, and water management districts, may adjust its adopted millage rate if the taxable value within the jurisdiction of the taxing authority as certified pursuant to Section 200.065(1) is at variance by more than three percent (3%) with the taxable value shown on the assessment roll to be extended. Section 3. That a public hearing was held on the proposed budget on September 7, 2004. PASSED AND ADOPTED in regular session on this the 7~ day of September, 2004. MAYOR A'I'I'/eSST: Acting City Clerk 2 RES. NO. 69-04 CERTIFICATE OF TAXABLE VALUE R.O1/g5 2004 Year .~'~ ' PALM BEACH County To Delrm/Beach - D.D.A. (Name of Taxing Autho~ty) (1 kCurren_t..ye_a[_T__a~_.b!e. V_~Iu9 pt~Real Properly for Opgrating PUrposes $ 269,326,778 (2) Current Year Taxable Value of Pemonal Property for Operating Purposes $ 0 (3) Current Year Taxable Value of Centrally Assessed for Operating Purposes $ 0 (4) Current Year Gross Taxable Value for Operating Purposes (1) + (2) + (3) $ ~ ~ ; 269~326,778 (5) Current Year Net New Taxable Value (New Construction + Additions + Rehabilitative $ 9,072,319 ImprOvements Increasing Assessed Value By At Least 100% + Annexations - DeletiOns) (6) Current Year Adjusted Taxable Value (4) - (5) $ 260,254,459 (7) Pdor Year Final Gross Taxable Value (From Prior Year Applicable Form DR-403 Series) $ 220,629,462 I do hereby certify the values shown herein to I: ~ and belief , hand and official signature at TAXING AUTHORITY: If this portion of the form is not completed in FULL your Authority will be denied TRIM certification and possibly lose its millage levy privilege for the tax year. If any line is inapplicable, enter N/A or .4)-. SECTION II (8) Prior Year Operating Millage Levy $ 1. 000 Per $1,000 (9) Prior Year Ad Valorem Preceeds (7)x (8) $ 220,629 (10) Current Year Rolled-Back Rate (9) / (6) S .8477 P~r$1,000 (1t) Current'Year PrOposed Operating Millage Rate $ 1. 0000 Per $'i r12) check one (t) TYPE of Taxing Authority ~ County ~ Municipality I--'-] Independent ~ Dependent ~ Municipal Se~toe 1--'-] Multi-County Sgedal Dis~ct District Taxing Unit ~ Water Management District (t3) IF DEPENDENT SPECIAL DISTRICT OR MSTU IS MARKED, PLEASE SEE REVERSE SIDE. (14) Current Year Millage Levy for VOTED DEBT SERVICE $ -0- Per $1,000 (15) Current Year OTHERVOTED MILLAGE $ -0- ParS1,000 [ DEPENDENT SPECIAL DISTRICTS SKIP lil~ea (_1~) through (22) 1 (16) Enter Total Prior Year Ad Valorem Proceeds Of ALL DEPENDENT Special Districts $ N/A & MSTU's levying a millage. (The sum of Une (9) fi.om each District's Form DR-420) (17) Total Prior Year Proceeds: (9) + (16) $ (18) The CUrrent Year Aggregate Rolled-back Rate: (17) / (6) $ N/.~ Per $1,000 (19) Current Year Aggregate Rolled-back Taxes: (4) x (18) $ ~/A (20) Enter Total of all non-voted Ad Valorem Taxes propo;sed fo be levied by the Prirmipal $ Taxing Authority, all Dependent Districts, & MSTU's if any. Line (11) x Line (4) (21) Current Year Proposed A. ggmgata Millage Rate: (20) / (4) $ N/A' Per $1,000 (22) Current Year Proposed Rate as a PERCENT CHANGE OF Rolled-back Rate: N/A [(Une 21 I Une 18) - 1.00] x 100 Data, Time and Place of the first Public Budget Hearing: Septeaber 7, 2004, 7:00 ?.a., City Co~tssi0~ Chaabe~s, De,Stay Beach City Hall~ 100 N.W. 1st Avenue, Delra¥ Beach. FL 33444 I do hereby certify the mlllages and rates shown herein to be con.ct to the best of my knowledge and belief. FURTHER, I ~ that all millages comply with the provisions of Section 200~07t er 200.081, F.S. WITNESS my hand and official slges~mat ~ De]~7 Beach ,FIoHda, thlsthe 21st day~f ,~U~.Y SIgn~tum and tide of Cliief Administrative Officer ' ~ Address of Physical Location 100 N.W. 1st Avenue Joseph M. Safford. Director of Mailing Address Name of Coefact Person Delray Beach, FL 33444 561-243-7116 561-243-7166 City State 71p Phone Number Fax Number SEE INSTRUCTIONS ON REVERSE SIDE MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER ff'~/{ SUBJECT: AGENDA ITEM # kO0.... REGULAR MEETING OF SEPTEMBER 7, 2004 RESOLUTION NO. 68-04 .(TENTATIVE BUDGET ADOPTION FOR FY 2005) DATE: SEPTEMBER 3, 2004 Resolution No. 68-04 makes tentative appropriations of sums of money for all necessary expenditures of the City for fiscal year 2005. The tentative appropriations are set forth m Exhibit "A" to the resolution. Pursuant to the City Charter and TRIM requirements, a public hearing must be held prior to the adoption of the tentative budget. Final adoption of the budget for FY 2005 is scheduled for September 21, 2004. Recommend approval of Resolution No. 68-04. S:\City Clerk\agenda memos\ Res.68-04Tentative Budget Adoption FY 2005 RESOLUTION NO. 68-04 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, MAKING TENTATIVE APPROPRIATIONS OF SUMS OF MONEY FOR `AI.I. NECESSARY EXPENDITURES OF THE CITY OF DELRAY BEACH FOR THE PERIOD FROM THE 1st DAY OF OCTOBER, 2004, TO THE 30m DAY OF SEPTEMBER, 2005; TO PRESCRIBE THE TERMS, CONDITIONS AND PROVISIONS WITH RESPECT TO THE ITEMS OF APPROPRIATIONS AND THEIR PAYMENT; AND TO REPEAL ALL RESOLUTIONS WHOLLY IN CONFLICT WITH THIS RESOLUTION AND .Al .l. RESOLUTIONS INCONSISTENT WITH THIS RESOLUTION TO THE EXTENT OF SUCH INCONSISTENCY. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the following sums of money, attached hereto and marked Exhibit "A", are hereby tentatively appropriated upon the terms and conditions herein set forth. Section 2. That, subject to the qualifications contained in this resolution, all appropriations made out of the General Fund are declared to be maximum, conditional and proportionate appropriations, the purpose being to make the appropriations payable in full in the mounts here'm named if necessary and then only in the event the aggregate revenues collected and other resources available during the period commencing the 1 ~' day of October, 2004, and ending the 30~h day of September, 2005, for which the appropriations are made, are sufficient to pay all the appropriations in full. Otherwise, said appropriations shall be deemed to be payable in such proportion as the total sum of realized revenue of the General Fund is to the total amount of revenues estimated by the City ComnUssion to be available in the period commenc'mg the 1st day of October, 2004, and ending the 30~ day of September, 2005. Section 3. That all balances of the appropriations payable out of the General Fund of the City Treasury unencumbered at the close of business on the 30~ day of September, 2004, except as otherwise provided for, are hereby declared to be lapsed into the City Treasury and may be used for the payment of the appropriations which may be made in any appropriation for the fiscal year commenc'mg the 1st day of October, 2004. However, nothing in this section shall be construed to be applicable to unencumbered balances remaining to the credit of the Water and Sewer Fund, Sanitation Fund or any Fund created by the setting up of special revenue, but such balances shall be used in fman(mg the proposed expenditures of these Funds for the fiscal year commencing the 1st day of October, 2004. Section 4. That no department, bureau, agency or individual receiving appropriations under the provisions of this resolution shall exceed the mount of its appropriation, except with the consent and approval of the City Commission first obtained. If such dep:amsent, bureau, agency or individual shall exceed the amount of its appropriation without such consent and approval of the City Commission, the administrative officer or individual, in the discretion of the City Commission, may be deemed guilty of neglect of official duty and may be subject to removal therefore. Section 5. That nothing in this resolution shall be construed as authorizing any reduction to be made in the amounts appropriated in this resolution for the payment of interest on, or retirement of, the debt of the City of Delray Beach, Florida. Section 6. That none of the monies enumerated in this resolution in connection with the General Fund, Water and Sewer Fund, Sanitation Fund or any other Fund of the City shall be expended for any purposes other than those for which they are appropriated, and it shall be the duty of the Budget Administrator and/or Finance Director to report known violations of this section to the City Manager. Section 7. That all monies collected by any department, bureau, agency or individual of the City government shall be paid promptly into the City Treasury. Section 8. That the forego'rog budget is hereby tentatively adopted as the official budget of the City of Delray Beach, Florida, for the aforesaid period. However, the restrictions with respect to the expenditures/expenses of the funds appropriated shall apply only to the lump sum amounts for classes of expenditures/expenses which have been included in this resolution. Section 9. That a public hearing was held on the tentative tax levy and the tentative budget on September 7, 2004. Section 10. That this resolution shall become effective immediately upon its passage. PASSED AND ADOPTED in regular session on this the 7m day of September, 2004. MAYOR ATrEST: Acting City Clerk 2 R_ES. NO. 68-04 E:~hlbit A Budget Summary City of Delray Beach, Florida Fiscal Year 2004-2005 DOWNTOWN SPECIAL GENERAL DEVELOPMENT ENTERPRISE REVENUE FUND FUND FUNDS FUNDS TOTAL C..A~. BALANCE8 BROUGHT FORWARD 0 0 4,248,830 296,250 4,545,080 ESTIMATED REVENUES: 0 TAXES Maages 0 AD VALOREM TAXES 7.4.5 38,091,930 0 38.091,930 AD VALOREM TAXES o.55 2,812,710 0 2,812,710 AD VALOREM-DELINQUENT 89.000 0 89,000 AD VALOREM - DDA 1,oo 255.860 0 255,860 Sales & Use Taxes 1,795,000 0 1,795,000 Franchise Taxes 3,950,250 0 3.950,250 Utitity Taxes 4,183,000 0 4,183.000 Other Taxes 3.650.000 0 3,650,000 Licenses & Permits 3,350,200 0 3,350,200 Infergovemmental 6,848,820 364,t80 1,487,120 8,700,120 Chmges for Services 6,068,080 34,202,100 0 40,270,180 Fines & Fon'eitures 1,040,800 45,000 1,085,800 Miscellaneous Revenues 2,829,230 291,800 134.300 3.255,330 Other Financing Sources 3,218,830 178,000 1,288,820 4,685,650 TOTAL, REVENUES AND OTHER FINANCING SOURCES 77,927~850 255,860 35,036~080 2,955,240 116,175.030 TOTAL ESTIMATED REVENUES AND BALANCE~ 77,927,850 255,860 39,284,910 3,25t,490 120,720,110 General Government Services 7,936,320 7,936.320 Public Safety 41,907,870 45,300 41,953.170 Physical Environment 454.280 24,064.450 24,518.730 Transportation 1,696,590 1,696,590 Economic Environment 4,767.570 255,860 1,730,080 6,753.510 Human Services 213,590 213,590 Culture & Recreation 10,760.920 3,634,290 1,141,700 15,536,910 Debt Service 4,525,770 5,648,470 10,t 74,240 Olher Financing Uses 5,080,050 5,416,910 212,750 10,709~710 TOTAL EXPENDITURES/EXPENSE8 77,342,960 255,860 38,764.120 3,129,830 119,492,770 Reserves 584,890 0 520,790 121,660 1,227~340 TOTAL EXPENDrrURE~ AND RESERVES 77,.~927,85___.~0 255,860 39,284,910 3,251,490 120.720,110 MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER SUBJECT: AGENDA ITEM # I0 ~3 - REGULAR MEETING OF SEPTEMBER 7. 2004 ORDINANCE NO. 35-04 (AMENDING LAND DEVELOPMENT REGULATIONS SECTIONS 4.6.9(E)) DATE: SEPTEMBER 3, 2004 I have placed Ordinance No. 35-04 regarding Land Development Regulations (LDR) relating to In- Lieu Fees on the agenda because staff has made revisions to this ordinance and we would like the City Commission to review the changes. We still have more work to do on this Ordinance, but due to Hurricane Frances, we did not have the time to complete. Since this Ordinance has already been advertised, I recommend that the Commission hold the public hearing to receive comments on the ordinance and then table the ordinance to a date certain of September 21, 2004. S:\City Clerk\agenda memo. Ord 35.04. In-Lieu Parking.09.07.04 TO: DA,V~ T.~/~A.,.~RI~,,E~N~,_I..'I'~. MANAGER THRU: PAUL DORLING,DI~CTOR OF PLANNING & ZONING FROM: SCOTT ARONSON, PARKING MANAGEMENT SPECIALIST SUBJECT: MEETING OF SEPTEMBER 7, 2004- REGULAR AGENDA ORDINANCE #35-04 AMENDING LAND DEVELOPMENT REGULATIONS SECTIONS 4.6.9(E) RELATING TO IN-LIEU FEES AND AMENDING APPENDIX "A" BY ENACTING A DEFINITION FOR NEW DEVELOPMENT, REDEVELOPMENT AND IN-FILL DEVELOPMENT At the City Commission meting of August 3, 2004 Staff had presented Ordinance 35-04 which had proposed modifications to Land Development Regulations Section 4.6.9(E). The Commission tabled the item based on concerns forwarded by the City Manager (see attached). Staff has revised the proposed ordinance to address those concerns in the following manner: 1. Attached for your review is an analysis of previously approved in-lieu requests evaluating the impact that the proposed modifications would have had on past in-lieu fee requests.. 2. Area 5 has been incorporated into Area 2. 3. Subparagraph (E)(3)(b)(6) has been revised by correcting the formula calculating the number of hours the on-site parking lots would need to be available to the public, clarifying the hours of the day that would be acceptable to receive credit and assessing a minimum number of spaces and length of the agreements. 4. The definition for redevelopment has been modified for clarity. The definition for in-fill development has been retained to differentiate this type of new development allowing it to replace existing parking spaces which will fill in gaps in the existing urban streetscape. This type of new in-fill is consistent with the direction of the Downtown Master Plan. Move approval of Ordinance 35-04 by adopting the findings of fact and law contained in the staff report, and finding that the approval thereof is consistent with the Comprehensive Plan and meets the criteria set forth in Section 2.4.5(M) of the LDR. Attached: Revised Ordinance 35-04 In-Lieu Fee Distdct Map August 3, 2004 Staff Report City Manger's Memorandum from August 3rd meeting ORDINANCE NO. 35-04 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES, BY AMENDING SECTION 4.6.9, "OFF-STREET PARKING REGULATIONS", SUBSECTION 4.6.9(E), "LOCATION OF PARKING SPACES" TO PROVIDE FOR CHANGES IN THE IN- LIEU PARKING FEE, MAXIMUM NUMBER OF IN-LIEU SPACES THAT MAY BE PURCHASED, ALTERNATIVES TO PURCHASING IN-LIEU FEE PARKING SPACES, AND AMENDING THE IN-LIEU FEE DISTRICT MAP TO REFLECT EXPANSION OF AREA 2; AMENDING APPENDIX "A" BY ENACTING A DEFINITION FOR "NEW DEVELOPMENT, REDEVELOPMENT AND IN-FILL DEVELOPMENT"; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, pursuant to LDR Section 1.1.6, the Planning and Zoning Board reviewed the proposed text amendment at a public hearing held on , and voted .__ to __ to recommend that the changes be approved; and WHEREAS, pursuant to Florida Statute 163.3174(4)(c), the Planning and Zoning Board, sitting as the Local Planning Agency, has determined that the change is consistent with and furthers the goals, objectives and policies of the Comprehensive Plan. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Section 4.6.9, "Off-Street Parking Regulations", Subsection 4.6.9(E), "Location of Parking Spaces" of the Code of Ordinances of the Land Development Regulations of the City of Delray Beach, Florida, be, and the same is hereby amended to read as follows: (E) Location of Parking Spaces: (1) Street parking, parking located in the public right-of-way, or parking located in public parking facilities shall not be used to satisfy on-site parking requirements· The terms "on-site parking" and "off-street parking" are synonymous. However, pursuant to the requirements of Section 4.6.9(E)(3)(e-)~,(b)(5)the cc"..t cf construction of additional on-street public parking may.... ~' ..... .~v_'4 tc "~*~.,~. *~'~.,,v +"+~'....~, -~,,-,'~"""' · reduce the number of in lieu spaces required. (2) Required off-street parking shall be provided on the same lot, or parcel, as the building and uses for which it is required, except as provided for within this Subsection (E). (3) In-Lieu Fee: (a) New Development: New development, except for in-fill development shall be required to provide all required parking pursuant to the Land Development Regulations, and will not be allowed to purchase in-lieu fee parking. The in-lieu fee option will not be available in the event of a chan.qe in use or expansion of the property, if either occurs within 2 years of the granting of the Certificate of Occupancy, (C.O.). The in-lieu fee option will be available two years after the date of the granting of the C.O. (b) Existing Buildings: If it is impossible or inappropriate to provide the required number of on-site or off-street parking spaces, and the request for in-lieu spaces will not involve the elimination of existing parking spaces, except for in-fill development, the City Commission may approve the payment of a fee in-lieu of providing such required parking, pursuant to the following provisions: (1) The in-lieu fee is authorized only in the CBD, CBD- RC, OSSHAD, and GC (West Atlantic Avenue Overlay District) Zoning Districts in compliance with the Supplemental District Regulations provisions therein. (2) Arrangements for payment shall be approved by the City Commission at the time of the approval of the in-lieu fee. The fee amount shall be based upon the location of the property for which in- lieu fees are being sought. Area descriptions, maximum amount of in- lieu spaces available, and corresponding fee amounts are hereby established as follows: (See page 4646 - A for corresponding map). (i) Area 1: Parcels located east of the Intracoastal Waterway which are zoned CBD - $14,000 per space. Up to a maximum of three (3) in-lieu spaces may be purchased to accommodate the required spaces needed for an expansion, conversion of use, redevelopment or in-fill development. (ii) Area 2: Parcels located west of the Intracoastal Waterway which are zoned CBD or CBD-RC and which are not included within the Pineapple Grove Main Street area; and Block 69 located in the Old School Square Historic Arts District (OSSHAD) - $12,000 per space. Within that portion of the CBD bounded by NE/SE 1st Avenue on the west, NE 1st Street on the north, the ICW on the east and SE 1st Street on the south, up to a maximum of three (3) in-lieu spaces may be purchased to accommodate the required spaces needed for an expansion, conversion of use, redevelopment or in-fill development. Throughout the remainder of Area 2, up to a maximum of seven (7) in-lieu spaces may be purchased to accommodate the required spaces needed for an expansion, conversion of use, redevelopment or in-fill development. (iii) Area 3: Parcels located within the OSSHAD zoning district except for Block 69 as noted in Area 2 and parcels located within the Pineapple Grove Main Street area which are zoned CBD or CBD-RC~ - $6,000 per space. Within that portion of the OSSHAD bounded by Swinton Avenue on the west, NE 1st Street on the north, NE/SE 1st Avenue on the east and SE 1st Street on the south, up to a maximum of three (3) in-lieu spaces may be purchased to accommodate the required spaces needed for an expansion, conversion of use, redevelopment or in-fill development. Throughout the remainder of Area 3, up to a maximum of seven (7) in-lieu spaces may be purchased to accommodate the required spaces needed for an expansion, conversion of use, redevelopment or in-fill development. (iv) Area 4: Parcels located within the West Atlantic Avenue Overlay District with commercial zonin.q designations ~ GC - $4,000 per space. Up to a maximum of seven (7) in-lieu spaces may be purchased to accommodate the required spaces needed for an expansion, conversion of use, redevelopment or in-fill development. (3) All proceeds from such a fee shall be used for parking purposes. (4) For property owners opting to pay in full, or lessees of properties, payment of the in-lieu fee is due upon issuance of a building permit. The in-lieu fee may be paid in full upon issuance of a building permit or in installments. Applicants for an in-lieu fee which is not paid in full at time of permit, must enter into an In-Lieu of Parking Fee Agreement with the City. Such agreement shall be recorded with the Public Records Office of Palm Beach County, Florida. The obligations imposed by such an In-Lieu of Parking Fee Agreement constitute a restrictive covenant upon a property, and shall bind successors, heirs and assigns. The restrictive covenant shall be released upon full payment of the in-lieu parking fees including attorneys' fees and costs. In-Lieu of Parking Fee Agreements shall only be made between the City and the Owner(s) of the subject property. If an In-Lieu of Parking Fee Agreement is entered into, installment payments shall be made over a three-year time period in three installments. The first installment shall be 50% of the total fee and is to be paid upon signing the agreement. The second installment shall be 25% of the total fee and is 3 due on the second anniversary date of the signing of the agreement· The third and final payment of 25% of the total fee is due on the third anniversary date of the signing of the agreement. There shall be no interest due under this payment schedule. (5) In addition to in-lieu fees due, where adequate right- of-way exists adjacent to a proposed project for which an in-lieu parking fee has been approved, the applicant must construct additional on- street parking, not to exceed the total amount of spaces subject to in- lieu fees unless authorized by the City Commission. The applicant will be credited up to one-half of a parking space for each full parking space constructed within public right-of-way. (For example, the applicant requests to pay the in-lieu fee on 4 spaces; the applicant constructs 4 spaces in the right-of-way; the applicant must only pay the in-lieu fee for 2 spaces). Crediting of spaces constructed in the right-of-way resulting in a fraction shall be rounded down. Thc *"*"~,v,_. -,-,-* Credit may not be taken for those st .... fu-'-!turc ""'~ '""'~ .... parking spaces constructed in the public right-of-way--stmet~:~3pe · A A ~,~z~w,)~/+~ which are required to meet the performance standards for new developments or redevelopment, imthe (6) As an incentive to create a shared parking program an applicant may receive a refund of in-lieu fees by enterinq into an agreement with the City allowing the utilization of private on site parking spaces by the general pub c during off hours of the principal use which occurs between the hours of 7:00 AM and Midnight. The term of the agreement will be a minimum of one (1) year for each in-lieu of space approved or for a specific number of hours calculated by dividing the total in-lieu fee paid by the current parking meter fee ($0.75 per hour), whichever is greater. All spaces in the lot(s) must be made available, but no less than the number of in-lieu spaces approved. The in-lieu fee, paid upon the issuance of a building permit, will be held in a non- interest bearing account until the satisfaction of the terms of the Agreement. After satisfactory completion of the agreement, the in-lieu fees would be refunded to the applicant or the applicant's successor in interest. Failure to complete the terms of the agreement will result in forfeiture of any refund. Such aqreement shall be recorded with the Public Records Office of Palm Beach County, Florida. The City Attorney shall approve the form of the agreement. Section 2. That Appendix "A" of the Code of Ordinances of the Land Development Regulations of the City of Delray Beach be, and the same is hereby amended to read as follows: NEW DEVELOPMENT: The construction of a building(s) or other improvement(s) on vacant property or a new stand alone building on a developed property. REDEVELOPMENT: Any proposed expansion, addition or major facade change to an existing building or structure. IN-FILL DEVELOPMENT: The development of vacant property(s) surrounded by buildings on two (2) or more sides or the redevelopment of properties including the reconstruction and repositioning of buildings to the front setback of the property. Section 3. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 4. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 5. That this ordinance shall become effective upon its adoption on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the day of ,200_. MAYOR ATTEST: City Clerk First Reading Second Reading TO: DAVID T. HARDEN, CITY MANAGER THRU: PAUL DORLING, DIRECTOR OF PLANNING & ZONING FROM: SCOTT ARONSON, PARKING MANAGEMENT SPECIALIST SUBJECT: MEETING OF AUGUST 3, 2004- REGULAR AGENDA ORDINANCE #35-04 AMENDING LAND DEVELOPMENT REGULATIONS SECTIONS 4.6.9(E) RELATING TO IN-LIEU FEES AND AMENDING APPENDIX "A" BY ENACTING A DEFINITION FOR NEW DEVELOPMENT OR REDEVELOPMENT At the meeting of June 24, 2003 the Parking Management Advisory Board directed Staff to develop more stringent criteria to the in-lieu of fee program. The Board's concern centered around the interpretation of LDR Section 4.6.9(E)(3) by applicants that the purchase of in-lieu parking spaces is an entitlement and can not be denied or minimized. Between July, 2003 and January, 2004 the PMAB discussed numerous recommendations including evaluating utilization of parking lots in the vicinity of projects requesting in-lieu spaces, limiting in-lieu requests based on types of use, and increasing fees for spaces in excess of established maximum number of in-lieu spaces. After these meetings a scaled down set of regulations emerged and was endorsed by the PMAB in January. The Planning & Zoning Board considered these LDR changes at their meeting of April 19, 2004 and after significant discussion the Board continued the item and directed staff to work with the PMAB to further modify the recommendations. The modified recommendations were approved by the Planning & Zoning Board at their meeting of July 19, 2004 and are summarized as follows: · Limiting the number of in-lieu spaces to three (3) or seven (7) based on Geographic area; · Not allowing the purchase of in-lieu spaces if the proposed request requires the elimination of existing parking spaces; · Requiring all new development or redevelopment entailing the demolition and reconstruction of buildings to provide all required parking; · The creation of Area 5 and raises the in-lieu fees from $6,000 to $12,000 in this area; · Allows partial crediting to developers for the construction of on-street parking spaces adjacent to projects rather than reimbursement of the cost of construction; · Develops a shared parking program through incentives to utilize private parking lots off hours of the principal use. Historic Preservation Board (HPB): The proposed amendment was reviewed by the HPB on December 3, 2003. The Board recommended approval. City Commission Staff Report Ordinance 35-04 / Modifications To The In-Lieu Program Page 2 Site Plan Review and Appearance Board (SPRAB): The proposed amendment was reviewed by the SPRAB on December 3, 2003. The Board recommended approval. Pineapple Grove Main Street Board (PGMS): The proposed amendment was reviewed by the PGMS on December 8, 2003. No formal action was taken by the Board. West Atlantic Redevelopment Coalition (WARC): The proposed amendment was reviewed by the WARC on December 10, 2003. The Board felt that the imposition of any restrictions or modifications to the program might stifle development in the area and requested that the West Atlantic corridor be excluded from any proposed modifications. Community Redevelopment Agency (CRA): The proposed amendment was reviewed by the CRA on March 19, 2004. The CRA Director suggested that developers should somehow be credited for the construction of on-street parking spaces in the public right-of-way. This was addressed and incorporated into the final draft of the ordinance. The Board recommended approval. Downtown Development Authority (DDA): The proposed amendment was reviewed by the DDA on March 19, 2004. The Board recommended approval. Parking Management Advisory Board (PMAB): This final draft of the proposed amendment was reviewed by the PMAB on February 25, 2004. The Board recommended approval. Move approval of Ordinance 35-04 by adopting the findings of fact and law contained in the staff report, and finding that the approval thereof is consistent with the Comprehensive Plan and meets the criteria set fodh in Section 2.4.5(M) of the LDR's. Attached: Ordinance 35-04 In-Lieu Fee District Map To: City Commission From: David Harden CC: Date: September 1, 2004 Re: LDR Amendments Relating to In-Lieu Fees I have placed this on the agenda because it has already been advertised. I recommend that the Commission hold the public hearing to receive comments on the ordinance, but then table the ordinance for the following reasons: 1. Attached is a table listing all the projects which have paid in-lieu fees. I believe this should be reviewed to evaluate the impact on these projects if the proposed limitations on the number of in-lieu parking spaces had been in place. 2. Rather than creating an Area 5, that area should be added to Area 2 since the areas are adjacent and have the same fee amounts. 3. Subparagraph (E)(3)(b)(6) is not worded correctly, and even if it were, I believe it would still be unclear. 4. In paragraph (E)(3), subparagraph (a) deals with New Development and subparagraph (b) with Existing Buildings. It is not clear to me where Redevelopment and In-fill Development fit. Also I question whether expansion of or additions to existing buildings should be included in Redevelopment. In my opinion, the definitions need to be improved. TO: DAVID T. HARDEN THRU: PAUL DORLING, DIRECTOR OF A SUBJECT: MEETING OF SEPTEMBER 7, 2004 PRIVATELY INITIATED AMENDMENT TO LDR SECTION 4.4.18(B)(4) SERVICE INDUSTRY SECTION OF THE PLANNED COMMERCE CENTER ZONING DISTRICT, ALLOWED USES, TO ADD "FOOD CATERING ESTABLISHMENTS, PREPARATION AND STORAGE ONLY (NO FOOD SERVED ON PREMISES)" AS A PERMI'I-I'ED USE. The City has received a privately initiated LDR text amendment from Crazy From The Heat Restaurant, Incorporated. The applicant has submitted the text amendment in order to occupy a tenant space at the Congress Commerce Center located at the southeast corner of Congress Avenue and Lake Ida Road. A related master plan modification application has been processed to change the designation of an associated bay from Light Industrial to Service Industry use. Pursuant to LDR Section 4.4.18(B)(2), the allowed uses with the Light Industrial portion of the development are manufacturing, fabrication, assembly, wholesale, and distribution. Conversely, the Service Industry category allows uses that are primarily engaged in providing an off-site service but which maintains inventory, storage of materials, and a business office at a central location. Examples of these Service Industry uses are plumbers, general contractors, limousine services, computer and data processing services. This type of use will be primarily engaged in providing an off-site service and will maintain inventory, storage of materials, and a business office on-site. The related prohibition of on-site food service is appropriate since restaurants are not consistent with the allowed uses within the Service Industry subsection. Pursuant to LDR Section 2.4.5(M)(5), approval of an LDR amendment must be based upon a finding that the amendment is consistent with and furthers the Goals, Objectives, and Policies of the Comprehensive Plan. While the amendment does not specifically further the Goals, Objectives, and Policies of the Comprehensive Plan, it is not inconsistent with them. The Planning and Zoning Board held a public hearing regarding this item at its meeting of August 16, 2004. There was no public testimony regarding the proposed amendment. After discussing the amendment, the Board unanimously voted 6-0 (Pike absent) to recommend to the City Commission approval of the proposed amendment to Land Development Regulations Section 4.4.18(B)(4), based upon positive findings with respect to LDR Section 2.4.5(M). Move approval of the text amendment to LDR Section 4.4.18(B)(4) to allow "Food Catering establishments, preparation and storage only (no food served on premises)" as a permitted use in the Service Industry category of the PCC zoning district by adopting the findings of fact and law contained in the staff report, and finding that the request is consistent with the Comprehensive Plan and meets the criteria set forth in LDR Section 2.4.5(M)(5) and set a public hearing on September 21, 2004. Attachment: Planning and Zoning Memorandum Staff Report of August 16, 2004 and Proposed Ordinance MEETING DATE: AUGUST 16, 2004 AGENDA ITEM: IV.F. - AMENDMENT TO LDR SECTION 4.4.18(B)(4) TO ADD FOOD CATERING ESTABLISHMENTS, PREPARATION AND STORAGE ONLY (NO FOOD SERVED ON PREMISES), AS A PERMITTED USE IN THE SERVICE INDUSTRY SECTION OF THE PCC (PLANNED COMMERCE CENTER) ZONING DISTRICT. The item before the Board is that of making a recommendation to the City Commission regarding an LDR amendment to Section 4.4.18(B)(4) Service Industry section of the PCC zoning district, Allowed Uses, to add "Food catering establishments, preparation and storage only (no food served on premises)" as a permitted use, pursuant to LDR Section 2.4.5(M). Pursuant to Section 1.1.6, an amendment to the Land Development Regulations may not be made until a recommendation is obtained from the Planning and Zoning Board. The City has received a privately initiated LDR text amendment from Crazy From The Heat Restaurant, Incorporated. The applicant has submitted the text amendment in order to occupy a tenant space at the Congress Commerce Center located at the southeast corner of Congress Avenue and Lake Ida Road. A related master plan modification application has been submitted to add the Service Industry designation to an associated bay which is currently designated Light Industrial. The request is to allow food catering establishments that prepare and store food only on-site for delivery and consumption off site as a permitted use. A restriction that prohibits food being served on-site is included in the proposal. The applicant has submitted the following narrative that describes the basis for the requested Land Development Regulation text amendment: "...The uses allowed in the PCC District are categorized into 4 groups that consist of: Office Center; Light Industrial Area; Research and Development; and Service Industry. This last category, Service Industry is defined as follows: "Service Industry uses are those which are primarily engaged in providing an off-site service but which maintain inventory, storage of materials, and a business office at a central location .... " This precisely describes the intentions of the applicant's catering establishment. "Crazy From the Heat Restaurant, Inc." wishes to occupy Suite 310 of the Congress Commerce Center (in the PCC District) to serve three functions: Planning and Zoning Board Staff Report LDR Amendment to Add Food Catering Establishment, Preparation and Storage Only (No Food Served on Premises) as a Permitted Use in the PCC Zoning District Page :2 · TO house their Corporate Office for all its businesses (which includes 3 Lucille's Bad to the Bone BBQ Restaurants and the catering operation); · To Provide warehouse space for storage of equipment, supplies and files; and · To provide a commissary/commercial kitchen for the preparation of food to be taken off premises. All catering will be done off-site in homes, developments, etc. No food will be purchased or served at this facility. The business office, warehouse, and off-site service nature of the applicant is specifically addressed in the Zoning Code's definition of Service Industry noted above in bold. The applicant's request to add the use of "catering" to the list of uses under Service Industry in the PCC District is simply identifying a specific use heretofore not specifically spelled out in the district. Other Cities such as Boca Raton allow Catering in its I~qht industrial district. Boca Raton Zoning Code Division 6. M-1 Light Industrial District states: Sec. 28-1072(dd) "Food catering establishments, preparation and storage only." Therefore, the applicant respectfully requests approval of the text amendment to add the following language to the Service Industry category of Section 4.4.18 Planned Commercial Center District: · "Food Catering establishments, preparing and storage only (no food served on premises)." Pursuant to LDR Section 4.4.18(B)(2), the allowed uses with the Light Industrial Area designation are manufacturing, fabrication, assembly, wholesale, and distribution. Conversely, the Service Industry category allows uses that are primarily engaged in providing an off-site service but which maintains inventory, storage of materials, and a business office at a central location. Examples of these types of allowed uses are plumbers, general contractor, limousine services, computer and data processing services. Based on a commonality with these uses with respect to the off-site services, the proposed catering business is an appropriate use within the Service Industry category. Furthermore, the prohibition of on-site food service is appropriate since restaurants are not consistent with the allowed within the Service Industry subsection. The purpose of providing categories under a master plan within the PCC district is to maintain a proper balance of uses for the goods and services needed by residents and businesses with the City. This balance will ensure that the City maintains a diverse economic base. LDR Section 2.4.5(M)(5) (Findings): Pursuant to LDR Section 2.4.5(M)(5) (Findings), in addition to LDR Section 1.1.6(A), the City Commission must make a finding that the text amendment is consistent with and furthers the Goals, Objectives and Policies of the Comprehensive Plan. Planning and Zoning Board Staff Report LDR Amendment to Add Food Catering Establishment, Preparation and Storage Only (No Food Served on Premises) as a Permitted Use in the PCC Zoning District Page 3 COMPREHENSIVE PLAN POLICIES: The goals, objectives and policies of the Comprehensive Plan were reviewed and there are no specific applicable goals, objectives or policies noted. While the amendment does not specifically further the Goals, Objectives, and Policies of the Comprehensive Plan, it is not inconsistent with them. The proposal is not in a geographical area requiring review by the DDA (Downtown Development Authority), CRA (Community Redevelopment Agency) or HPB (Historic Preservation Board). Courtesy Notices: Special courtesy notices were provided to the following homeowners and civic associations: r~ PROD r~ President's Council Letters of objection and support, if any, will be presented at the Planning and Zoning Board meeting. The proposed text amendment will enable catering companies without an on-site restaurant component in the Service Industry category of the PCC zoning district as a permitted use. Catering services are similar to the existing uses in the Service Industry category with respect to providing an off-site service. Therefore, a positive finding can be made with respect to LDR Section 2.4.5(M)(5). A. Continue with direction. B. Move a recommendation of approval to the City Commission for the text amendment to LDR Section 4.4.18(B){4) to allow "Food Catering establishments, preparation and storage only (no food served on premises)" as a permitted use in the Service Industry category of the PCC zoning district by adopting the findings of fact and law contained in the staff report, and finding that the request is consistent with the Comprehensive Plan and meets the criteria set forth in LDR Section 2.4.5(M)(5). C. Move a recommendation of denial to the City Commission for the text amendment to LDR Section 4.4.18(B)(4) to allow "Food Catering establishments, preparation and storage only (no food served on premises)' as a permitted use in the Service Industry Planning and Zoning Board Staff Report LDR Amendment to Add Food Catering Establishment, Preparation and Storage Only (No Food Served on Premises) as a Permitted Use in the PCC Zoning District Page 4 category of the PCC zoning district by adopting the findings of fact and law contained in the staff report, and finding that the request is inconsistent with the Comprehensive Plan and does not meet the criteria set forth in LDR Section 2.4.5(M)(5). Move a recommendation of approval to the City Commission for the text amendment to LDR Section 4.4.18(B)(4) to allow "Food Catering establishments, preparation and storage only (no food served on premises)" as a permitted use in the Service Industry category of the PCC zoning district by adopting the findings of fact and law contained in the staff report, and finding that the request is consistent with the Comprehensive Plan and meets the criteria set forth in LDR Section 2.4.5(M)(5). Attachment: · Proposed Amendment Report Prepared by: Scott Pape, Senior Planner (4) Service Industry: Service Industry uses are those which are primarily engaged in providing an off-site service but which maintain inventory, storage of materials, and a business office at a central location. The area which may be devoted to "Service Industry" uses within a PCC is limited to twenty-five percent (25%) of the total land area of that PCC. Repair of equipment and materials associated with the service is also permitted at this central location, except as restricted below. All aspects of these uses must be accommodated within a structure except for overnight storage of vehicles used by the business. Uses which are allowed within the "Service Industry" classification include: · Assembly, fabrication, wholesale, and storage per Section 4.4.18(B)(2) when such use is limited to no more than 5,000 square feet per tenant. · Land Development Services (e.g. surveying, soils testing, mapping, architectural, engineering). · Food caterinq establishments, preparation and stora,qe only (no food served on premises). · Contractor and Trade Services (e.g. general contractor, electrician, plumbers, heating and air-conditioning specialists, swimming pool maintenance, landscaping services, exterminators, equipment and tool rental). · Repair of office equipment (e.g. typewriters, computers, data processing equipment). Limousine services with no vehicle repair or detailing on the premises. · Business Services (e.g. photocopying/ printing, photofinishing, provision of office equipment and furnishings, delivery services, computer and data processing services). · Limited Retail Trade only as a secondary use within any one building, but only to the extent that the floor area for ail retail use (either accessory to the service industry use or not) shall not exceed twenty-five percent of the floor area of the total building. Although the intent of the PCC does not encourage retailing of items other than at the designated "retail center", additional retail uses may be allowed in the service Industry areas shown on the MDP. Such retail use may involve the sale of products associated with an established service industry use or may involve any of he following products: ·apparel and accessories · appliances · baked goods · building materials and garden supplies · camera and photographic equipment and supplies · furniture and home furnishing · hobbies, games, toys · jewelry, gifts, novelties · luggage and leather goods · radio, television, and communication products sporting goods ORDINANCE NO. 50-04 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF CODE OF ORDINANCES, BY AMENDING SECTION 4.4.18, "PLANNED COMMERCE CENTER (PCC) DISTRICT", SUBSECTION 4.4.18(B), "ALLOWED USES", SUB- SUBSECTION 4.4.18(B)(4), "SERVICE INDUSTRY", PROVIDING THAT FOOD CATERING ESTABLISHMENTS, PREPARATION AND STORAGE ONLY, ARE AN ALLOWED USE WITHIN THE "SERVICE INDUSTRY" CLASSIFICATION; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, pursuant to LDR Section 1.1.6, the Planning and Zoning Board reviewed the proposed text amendment at a public heating held on , and voted to to recommend that the changes be approved; and WHEREAS, pursuant to Florida Statute 163.3174(4)(c), the Planning and Zoning Board, sitting as the Local Planning Agency, has determined that the change is consistent with and furthers the goals, objectives and policies of the Comprehensive Plan. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Section 4.4.18, "Planned Commerce Center (PCC) District", Subsection 4.4.18(B), "Allowed Uses", Sub-subsection 4.4.18(B)(4), "Service Industry", of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach, Florida, be and the same is hereby amended to read as follows: (4) Service Industry: Service Industry uses are those which are primarily engaged in providing an off-site service but which maintain inventory, storage of materials, and a business office at a central location. The area which may be devoted to "Service Industry" uses within a PCC is limited to twenty-five percent (25%) of the total land area of that PCC. Repair of equipment and materials associated with the service is also permitted at this central location, except as restricted below. All aspects of these uses must be accommodated within a structure except for overnight storage of vehicles used by the business. Uses which are allowed within the "Service Industry" classification include: . Assembly, fabrication, wholesale, and storage per Section 4.4.18(B)(2) when such use is limited to no more than 5,000 square feet per tenant. · Land Development Services (e.g. surveying, soils testing, mapping, architectural, engineering). · Food catering establishments, preparation and stora.qe only (no food served on premises). · Contractor and Trade Services (e.g. general contractor, electrician, plumbers, heating and air-conditioning specialists, swimming pool maintenance, landscaping services, exterminators, equipment and tool rental). · Repair of office equipment (e.g. typewriters, computers, data processing equipment). Limousine services with no vehicle repair or detailing on the premises. · Business Services (e.g. photocopying/printing, photofinishing, provision of office equipment and furnishings, delivery services, computer and data processing services). · Limited Retail Trade only as a secondary use within any one building, but only to the extent that the floor area for ail retail use (either accessory to the service industry use or not) shall not exceed twenty-five percent of the floor area of the total building. Although the intent of the PCC does not encourage retailing of items other than at the designated "retail center", additional retail uses may be allowed in the service Industry areas shown on the MDP. Such retail use may involve the sale of products associated with an established service industry use or may involve any of he following products: · apparel and accessories · appliances · baked goods · building materials and garden supplies · camera and photographic equipment and supplies · furniture and home furnishing · hobbies, games, toys · jewelry, gifts, novelties · luggage and leather goods · radio, television, and communication products sporting goods 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 ,200 ATTEST M A Y O R City Clerk First Reading_ Second Reading THRU: PAUL DORLING, DIRECTOR OF PI~NING AND ZONING // FROM: ROBERT G. TEFFT, SENIOR PLAId..NER~.~'-~'"~ SUBJECT: MEETING OF SEPTEMBER 7, 2004 PRIVATELY SPONSORED SMALL SCALE FUTURE LAND USE MAP AMENDMENT FROM MEDIUM DENSITY RESIDENTIAL 5-12 DU/AC (MD) TO TRANSITIONAL (TRN) AND REZONING FROM MEDIUM DENSITY RESIDENTIAL 6-12 DU/AC (RM) TO RESIDENTIAL / OFFICE (RO) FOR THE PROPERTY BORDERED BY SW 1sT STREET ON THE NORTH, SW 1sT AVENUE ON THE EAST, AND SW 2ND AVENUE ON THE WEST. The proposal incorporates the following: All of Lots 1-11, Lot 26, and the alleys adjacent thereto, Heisley Estates Subdivision, a subdivision of the north ~ of Block 54, Delray Beach, Florida, according to the plat thereof on file in the office of the Clerk of the Circuit Court in and for Palm Beach County, Florida, recorded in Plat Book 13, Page 48. This parcel of land, which totals approximately 0.86 acres, constitutes the northernmost portion of a former halfway house development known as The Lighthouse. The parcel contains three (3) buildings, part of a fourth building, an asphalt parking lot and several walkways. This parcel is part of a larger mixed-use development which will include office uses on the subject parcel, and multiple-family uses on the balance. The mixed-use development will contain approximately 10,000 square feet of office floor area and 30 townhomes. The proposed office use is permitted under the proposed RO zoning, but would not be allowed under the existing RM zoning. Additional background and an analysis of the FLUM amendment and Rezoning are provided in the attached Planning and Zoning Board staff report. At its meeting of August 16, 2004, the Planning and Zoning Board held a public hearing in conjunction with the Future Land Use Map Amendment and Rezoning request. There was no public testimony regarding the request. After reviewing the staff report and discussing the proposal, the Board moved a recommendation of approval for the privately sponsored request for a small scale FLUM amendment from MD to TRN and rezoning from RM to RO on a vote of 5-0 (Pike absent, Morris stepped down), by adopting the findings of fact and law contained in the staff report, and finding that the request and approval thereof is consistent with the Comprehensive Plan, the Southwest Area Neighborhood Redevelopment Plan, the Downtown Delray Beach Master Plan, and meets the criteria set forth in Sections 2.4.5(D) (5), 3.1.1 and 3.2.2 of the Land Development Regulations. Move approval of the privately sponsored request for a small scale FLUM amendment from MD to TRN and rezoning from RM to RO for the subject property, by adopting the findings of fact and law contained in the staff report, and finding that the request and approval thereof is consistent with the Comprehensive Plan, the Southwest Area Neighborhood Redevelopment Plan, the Downtown Delray Beach Master Plan, and meets the criteria set forth in Sections 2.4.5(D) (5), 3.1.1 and 3.2.2 of the Land Development Regulations. Attachments: Planning and Zoning Board Staff Report of August 16, 2004, and Ordinance by Others PLANNING AND ZONING BOARD CITY OF DELRAY BEACH ---STAFF REPORT--- MEETING DATE: August 16, 2004 AGENDA ITEM: ~¥. B. ITEM: Privately Sponsored Small Scale Future Land Use Map Amendment from Medium Density Residential 5-12 du/ac (MD) to Transitional (TRN) and Rezoning from Medium Density Residential 6-12 du/ac (RM) to Residential/Office (RO) (Quasi- Judicial Hearing). GENERAL DATA: Owner / Applicant ...................... New Urban Lighthouse, LLC. Agent ......................................... Tim Hernandez / Kevin Rickard Location ..................................... Southwest Corner of SW 1st Street and SW Ist Av.enue Property Size ............................. 0.86 Acres Current FLUM Designation ........ Medium Density, 5- 12 Units/Acre (MD) Proposed FLUM Designation ..... Transitional (TRN) Current Zoning .......................... Medium Density Residential (RM) ^T~^.T~C ^V~.UE Proposed Zoning ....................... Residential / Office (RO) Adjacent Zoning .......... North: Community Facilities (CF) South: RM East: Old School Square Historic Arts District (OSSHAD) C. Existing Land Use ...................... Halfway House Proposed [.and Use ................... Business / Pro~essiona~ Offices Water Service ............................ Existing on site Sewer Service ........................... Existing on site IV. B. The action before the Board is that of making a recommendation to the City Commission on a privately sponsored small scale Future Land Use Map (FLUM) Amendment for a 0.86 acre parcel of land from Medium Density Residential 5-12 du/ac (MD) to Transitional (TRN) and rezoning from Medium Density Residential 6-12 du/ac (RM) to Residential/Office (RO) for the property bordered by SW 1st Street on the north, SW 1st Avenue on the east, and SW 2"d Avenue on the west. Pursuant to Land Development Regulations (LDR) Section 2.2.2(E) (6), the Local Planning Agency (Planning & Zoning Board) shall review and make a recommendation to the City Commission with respect to a FLUM amendment and rezoning of any property within the City. The proposal incorporates the following: All of Lots 1-11, Lot 26, and the alleys adjacent thereto, Heisley Estates Subdivision, a subdivision of the north ¼ of Block 54, Delray Beach, Florida, according to the plat thereof on file in the office of the Clerk of the Circuit Court in and for Palm Beach County, Florida, recorded in Plat Book 13, Page 48. This parcel of land, which totals approximately 0.86 acres, constitutes the northernmost portion of an existing halfway house development known as The Lighthouse. The parcel contains three (3) buildings, part of a fourth building, an asphalt parking lot and several walkways. The balance of the site will be part of a mixed-use development which will contain multiple-family uses that will be reviewed as part of a subsequent submittal. An application has been submitted for a FLUM amendment from MD to TRN and rezoning from RM to RO. These applications have been submitted to accommodate the office component of a mixed-use development that will eventually contain approximately 10,000 square feet of office floor area and 30 townhomes on adjacent property to the south. This proposed office use would be permissible under the proposed RO zoning, but is not allowed under the existing RM zoning. In accordance with Chapter 163, Florida Statutes, this FLUM amendment is considered a Small-Scale amendment and is not limited to the twice-a-year Comprehensive Plan Amendment review process. Florida Statute 163.3187 - Small-Scale Land Use Map Amendments: This FLUM Amendment is being processed as a Small-Scale Development pursuant to Florida Statute 163.3187. This statute states that any local government comprehensive land use amendments directly related to proposed small-scale development activities may be approved without regard to statutory limits on the frequency of consideration of amendments (twice a year), subject to the following conditions: Q The amendment does not exceed 10 acres of land; Planning and Zoning Board Staff Report Small-Scale FLUM Amendment From Medium Density Residential (MD) to Transitional (TRN) and Rezoning From Medium Density Residential (RM) to Residential/Office (RO) for the Lighthouse Property Page 2 O The cumulative effect of the amendments processed under this section shall not exceed 120 acres within designated redevelopment and traffic concurrency exception areas or 60 acres annually in areas lying outside the designated areas; r~ The proposed amendment does not involve the same property or the same owner's property within 200 feet of property, granted a change within a period of 12 months; [~ That if the proposed amendment involves a residential land use, the residential land use has a density of 10 units or less per acre except for properties that are designated in the Comprehensive Plan for urban infill, urban redevelopment or downtown revitalization; The proposed amendment does not involve a text change to the goals, policies and objectives of the local government's comprehensive plan, but only proposes a land use change to the future land use map for a site-specific small scale development activity; and The property that is the subject of a proposed amendment is not located within an area of critical state concern. The 0.86 acre property, which is located outside the City's Traffic Concurrency Exception Area (TCEA), does not exceed ten (10) acres nor will it result in the processing of FLUM amendments in excess of 60 cumulative acres this year. This application is the second small- scale FLUM amendment being considered so far this year outside of the TCEA and will result in a total amended acreage of approximately 3.28 acres. The subject property does not involve a residential land use or a text change, and is not located in an area of critical state concern. The proposed FLUM amendment involves property that has not previously been considered, nor located within 200' of property owned by the applicant that was approved for a land use change within the past year. Based upon the above, the subject proposal is consistent with the criteria for a small-scale development. REQUIRED FINDINGS: LDR (Chapter 3) PERFORMANCE STANDARDS: Pursuant to LDR Section 3.1.1, prior to approval of development applications, certain findings must be made in a form which is part of the official record. This may be achieved through information on the application, written materials submitted by the applicant, the staff report, or minutes. Findings shall be made by the body which has the authority to approve or deny the development application. These findings relate to the Future Land Use Map, Concurrency, Comprehensive Plan Consistency and Compliance with the Land Development Regulations. Future Land Use Map - The resulting use of land or structures must be allowed in the zoning district within which the land is situated and said zoning must be consistent with the applicable land use designation as shown on the Future Land Use Map. The proposed FLUM designation (TRN) and zoning district (RO) are consistent with one another, and the proposed office use is allowed as a permitted use within the RO zoning district. Based on the above, positive findings can be made with respect to FLUM consistency. Planning and Zoning Board Staff Report Small-Scale FLUM Amendment From Medium Density Residential (MD) to Transitional (TRN) and Rezoning From Medium Density Residential (RM) to Residential/Office (RO) for the Lighthouse Property Page 3 Concurrency - Development at the highest intensity possible under the requested designation can meet the adopted concurrency standards. Water and Sewer: Water service is available via service lateral connection to an existing 8" water main located within the SW Ist Street right-of-way, an existing 8" water main located within the SW Ist Avenue right-of-way, and/or an existing 10" water main located within the SW 2nd Avenue right-of-way. There are three (3) fire hydrants within close proximity to the subjectst property - one (1) on the north s~de' of SW Ist Street and two (2) on the east side of SW 1 Avenue. Sewer service is available via service lateral connection to existing 8" sanitary sewer mains within the SW Ist Street right-of-way, the SW 2"d Avenue right-of-way, and/or the alley bisecting the subject property. Pursuant to the Comprehensive Plan, treatment capacity is available at the City's Water Treatment Plant and the South Central County Waste Water Treatment Plant for the City at build-out. Based upon the above, positive findings can be made with respect to this level of service standard. Drainaqe: With FLUM and rezoning requests drainage plans are not required. At present, the property consists of several single/multiple-family dwellings, parking and other paved areas. There is also a significant amount of pervious areas, especially on the west half of the property. The FLUM amendment and rezoning will not impact this existing situation. With redevelopment of the site, drainage plans will be submitted; however there are no problems anticipated in retaining drainage on site and obtaining any/all necessary permits. Traffic: A traffic study indicating the AM and PM peak hour trips that would be generated by the proposed office development has not been provided. The provision of a traffic study indicating this information must be provided at the time of site plan approval; however it is anticipated that the traffic generated by the proposed office development will not negatively impact the surrounding neighborhood as the property is located within an area that consists of the traditional road grid system. This system is conducive to traffic distribution, wherein, automobiles have a diverse choice of options to navigate the area. Motorists are able to navigate the local grid street system to avoid congestion in order to reach collector and arterial roads such as Swinton Avenue, Atlantic Avenue, and SW 4th Avenue. Given the diffusion of vehicle trips, it is unlikely that adjacent neighborhoods will be negatively impacted by any additional traffic. Parks and Recreation: Non-residential uses are not considered to have an impact on the City's Parks and Recreation facilities. However, any proposed residential dwelling units would be assessed a Parks and Recreation impact fee of $500 per unit at the time of building permit. Solid Waste: Based upon the Solid Waste Authority's typical waste generation rates, the indicated office development would generate 27 tons of waste annually. The Solid Waste Authority has indicated that its facilities have sufficient capacity to handle all development proposals till the year 2021. Schools: School concurrency findings do not apply for non-residential uses. Thus, the proposed development will not have an impact with respect to this level of service standard. Planning and Zoning Board Staff Report Small-Scale FLUM Amendment From Medium Density Residential (MD) to Transitional (TRN) and Rezoning From Medium Density Residential (RM) to Residential/Office (RO) for the Lighthouse Property Page 4 Consistency - The requested designation is consistent with the goals, objectives and policies of the most recently adopted Comprehensive Plan. Future Land Use Element Objective A-l: Property shall be developed or redeveloped in a manner so that the future use and intensity is appropriate in terms of soil, topographic and other applicable physical considerations; is complimentary to adjacent land uses; and fulfills remaining land use needs. There are no significant environmental characteristics to the subject property. The future redevelopment of the property based upon the proposed FLUM designation and zoning can be complimentary to the adjacent land uses, which consist of single and multiple-family residential uses, a mixed-use (restaurant/hotel) development, the South County Courthouse, a church, and a parking garage. The FLUM amendment and associated rezoning will enable the fulfillment of remaining land use needs by the provision of office/mixed-use development within the Southwest Neighborhood/Downtown Area as discussed in greater detail with Future Land Use Element Policies C-1.7 and C-4.2. Based upon the above, a positive finding can be made with respect to Future Land Use Element Objective A-l, that the future redevelopment of the subject property will be complimentary to adjacent land uses and will fulfill remaining land use needs. Future Land Use Element Policy A-1.7: Amendments to the Future Land Use Map (FLUM) must be based upon the findings listed below, and must be supported by data and analysis that demonstrate compliance with these findings: rq Demonstrated Need - That there is a need for the requested land use. The need must be based upon circumstances such as shifts in demographic trends, changes in the availability of land, changes in the existing character and FLUM designations of the surrounding area, fulfillment of a comprehensive plan objective or policy, annexation into the municipal boundaries, or similar circumstances. The need must be supported by data and analysis verifying the changing demographics or other circumstances. This requirement shall not apply to requests for the FLUM designations of Conservation or Recreation and Open Space; nor shall it apply to FLUM changes associated with annexations when the City's advisory FLUM designation is being applied, or when the requested designation is of a similar intensity to the advisory designation. However, the findings described in the remainder of this policy must be addressed with all FLUM amendments. The proposed FLUM amendment and associated rezoning will fulfill Future Land Use Element Policies C-1.7 and C-4.2 as discussed below. As these Comprehensive Plan Policies are furthered by the proposed FLUM amendment and rezoning a positive finding can be made with regard to demonstrated need. However, in addition to these Policies, changes have occurred in the character of the surrounding area which makes the proposed FLUM and zoning designations appropriate. The proposed South County Courthouse expansion, the proposed Delray Beach Public Library and the construction of the associated parking garage as well as the construction of the Atlantic Grove development have all impacted the character of the neighborhood. The introduction of office development and new multiple-family housing into the area will be consistent with these changes and will further the rehabilitation and redevelopment of the area. Planning and Zoning Board Staff keport Small-Scale FLUM Amendment From Medium Density Residential (MD) to Transitional (TRN) and Rezoning From Medium Density Residential (RM) to Residential/Office (RO) for the Lighthouse Property Page 5 Future Land Use Element Policy C-f.7: The following pertains to the Southwest Neighborhood Redevelopment Area: This area is generally defined as the area bounded by West Atlantic Avenue on the north, SW 10th Street on the south, Interstate-95 on the west, and Swinton Avenue on the east. Many of the parcels in the area contain vacant or dilapidated structures, substandard parking and substandard landscaping. The area also contains residential areas identified as "Rehabilitation" on the Residential Neighborhood Categorization Map contained in the Housing Element. The Southwest Area Neighborhood Redevelopment Plan was adopted by the City Commission at its meeting of June 3, 2003. The Plan establishes a blueprint for the revitalization and stabilization of the area. The Southwest Area Neighborhood Redevelopment Plan is divided into five sub-areas based upon current and proposed land uses. The sub-areas serve to define potential boundaries for the phased implementation of the various plan components. Future development in the area must be in accordance with the provisions of the Redevelopment Plan. The subject property is located within the borders of the Southwest Area Neighborhood Redevelopment Plan and is more specifically included within sub-area #5. Sub-area f~ is identified as "infill area" consisting of relatively stable residential neighborhoods that are experiencing some deterioration, but do not require substantial redevelopment to achieve community livability goals. While the narrative for sub-area #5 does not specifically address the establishment of new commercially oriented developments, the Redevelopment Plan does note the lack of employment opportunities within the area and that the South County Courthouse, proposed courthouse expansion, and proposed public library provide a natural area for commercial expansion. The proposed FLUM amendment and associated rezoning would accomplish the provision of additional commercial development, specifically office development, within this area. The addition of offices appears very appropriate based upon the proximity of the subject property to the aforementioned courthouse and the associated parking garage (immediately to the north of the subject property) as well as the downtown area. Further, as the proposed FLUM amendment and rezoning are associated with an overall development scheme that includes the provision of new housing, an adequate buffer will be provided between the new offices and existing single and multiple-family developments to the south. The envisioned development will also likely improve the safety of the area as well as its long term stability. It will introduce daytime activity (offices) and further nighttime activity (residences), thereby providing more "eyes" to observe what is happening in the area, which should be a deterrent to criminal activity that has been identified as a problem with the Southwest Area Neighborhood. Based upon the above, a positive finding can be made with respect to Future Land Use Element Policy C-1.7, that the FLUM amendment and associated rezoning will fulfill the goals and objectives of the Southwest Area Neighborhood Redevelopment Plan. Planning and Zoning Board Staff Report Small-Scale FLUM Amendment From Medium Density Residential (MD) to Transitional (TRN) and Rezoning From Medium Density Residential (RM) to Residential/Office (RO) for the Lighthouse Property Page 6 Future Land Use Element Policy C-4.2: The "Downtown Delray Beach Master Plan" was adopted by the City Commission on March 19, 2002. Covering the downtown business districts surrounding the Atlantic Avenue corridor between 1-95 and A-l-A, it represents the citizens' vision for the growth and unification of Delray Beach, while still retaining the "village like, community by-the-sea" character of the CBD. The Plan addresses a wide range of issues including infill development, neighborhood parks, shared parking, public art, the roadway and alleyway systems, marketing/economic development, and the need to modify the Land Development Regulations to include design guidelines to retain the character of Delray Beach. Future development and redevelopment in this area shall be consistent with the Master Plan. The subject property is located within the borders of the downtown as defined by the Downtown Delray Beach Master Plan and is more specifically located within the West Atlantic Neighborhood. While the Master Plan does not specifically address the subject property with regard to a specific development proposal, it does discuss adjacent properties that are presently undergoing development processes. It is noted within the Master Plan that as a positive consequence of the relocation of the Delray Beach Public Library to the surrounding area, development would be triggered within the West Atlantic Neighborhood. As evidenced by the subject proposal, the suggested desired development is occurring. The Master Plan identifies the West Atlantic Neighborhood as containing "very few offices" and notes that mixed-uses should be encouraged within the neighborhoods. The introduction of offices via the proposed FLUM amendment and rezoning along with the new multiple-family housing included in the proposed overall development scheme would aid in the fulfillment of this goal. Based upon the above, a positive finding can be made with respect to Future Land Use Element Policy C-4.2, that the FLUM amendment and associated rezoning will fulfill the goals and objectives of the Downtown Delray Beach Master Plan. Housing Element Policy A-12.3: In evaluating proposals for new development or redevelopment, the City shall consider the effect that the proposal will have on the stability of nearby neighborhoods. Factors such as noise, odors, dust, traffic volumes and circulation patterns shall be reviewed in terms of their potential to negatively impact the safety, habitability and stability of residential areas. If it is determined that a proposed development will result in a degradation of any neighborhood, the project shall be modified accordingly or denied. As discussed previously with the Concurrency analysis, the envisioned development will increase traffic in the surrounding area, generating a number of new trips upon the surrounding roadway network. However, the property is located within an area of the City that consists of the traditional roadway grid network. This network is conducive to traffic distribution, wherein, several diverse options are available in the navigation of the downtown area. Given the diffusion of vehicle trips, it is unlikely that adjacent neighborhoods will be negatively impacted by the additional traffic. In terms of safety, the overall development scheme includes the introduction of new multiple-family dwellings near the downtown area that will likely improve the safety of the area as well as its long term stability. It will introduce further night time activity and more "eyes" to observe what is happening in the area, which should be a deterrent to criminal Planning and Zoning Board Staff I~eport Small-Scale FLUM Amendment From Medium Density Residential (MD) to Transitional (TRN) and Rezoning From Medium Density Residential (RM) to Residential/Office (RO) for the Lighthouse Property Page 7 activity that has been identified as a problem with the Southwest Area Neighborhood. These factors should serve to stabilize the area and act as a genesis for future neighborhood investment. Based upon the above, a positive finding can be made with respect to Housing Element Policy A-12.3, that the FLUM amendment and rezoning will not have a negative impact on the surrounding area with regard to noise, odors, dust, traffic volumes, and circulation patterns. Compliance - Development under the requested designation will comply with the provisions and requirements of the Land Development Regulations. Future redevelopment of the approximate 0.86 acre parcel of land can occur in accordance with the City's Land Development Regulations. During the site plan review process the development proposal will be reviewed for compliance with the LDR. The applicant has indicated intent to develop the subject property along with. adjoining parcels to the south as a mixed-use development consisting approximately of 10,000 square feet of office floor area (subject property) and 30 residential dwelling units (adjacent property). The office portion of the development proposal is permissible under the proposed RO zoning designation and compatible with the proposed TRN FLUM designation. At this time no issues have been identified which would prohibit compliance with the requirements of the RO zoning district. Given the above, a positive finding with respect to compliance with the Land Development Regulations can be assumed. STANDARDS FOR REZONING ACTIONS: Compliance with the performance standards set forth in LDR Section 3.2.2, along with the required findings noted in LDR Section 2.4.5(D) (5) shall be the basis upon which a finding of overall consistency is to be made. Other objectives and policies found in the adopted Comprehensive Plan may be used in making a finding of overall consistency. LDR Section 3.2.2: Standards A, B, C and E are not applicable. The applicable performance standard of LDR Section 3.2.2 is as follows: (D)That the rezoning shall result in allowing land uses which are deemed compatible with adjacent and nearby land use both existing and proposed; or that if an incompatibility may occur, that sufficient regulations exist to properly mitigate adverse impacts from the new use. The following zoning designations and uses border the property: Zoning Des~qnation: Use: North: Community Facilities (CF) Parking Garage South: Medium Density Residential (RM) Future Multiple-Family Residential Uses (Currently Abandoned Drug Rehabilitation Facility) East: Old School Square Historic Arts District (OSSHAD) RestaurantJHotel (Sundy House) West: Community Facilities (CF) South County Courthouse Planning and Zoning Board Staff F~eport Small-Scale FLUM Amendment From Medium Density Residential (MD) to Transitional (TRN) and Rezoning From Medium Density Residential (RM) to Residential/Office (RO) for the Lighthouse Property Page 8 The proposal will rezone the 0.86 acre subject property from RM to RO. There are no compatibility concerns with regard to the CF zoned parcels (courthouse and parking garage) as CF zoning is deemed to be compatible with all other zoning districts. The property's adjacency to the OSSHAD (to the east) will not result in an incompatibility as the zoning districts are of similar intensity to one another and each allow a commercial component. Finally, the adjacent RM zoned properties to the south are proposed to be incorporated with the subject property as a mixed-use development. In addition to the above, LDR Section 4.4.17(A) (1) states that the RO district is appropriate as a transitional land use between a commercial or industrial area and a residential area. While the subject property is not adjacent to a predominantly commercial district per se (the OSSHAD is considered a mixed-use district and consists of an array of residential uses), the South County Courthouse, the pending courthouse expansion, the adjacent parking garage and the pending Delray Beach Public Library will effectively operate with the intensity of a commercial use, and the adjacent Sundy House is also a commercial use. Thus, the proposed RO zoning district will COnstitute a buffer between these uses and the residential properties to the south. Based upon the above, a positive finding can be made with regard to LDR Section 3.2.2(D), that the proposed rezoning will not result in adjacent incompatible land uses. LDR Section 2.4.5(D) (5): In addition to provisions of Chapter Three, the City Commission must make a finding that the rezoning fulfills one of the reasons for which the rezoning is being sought. These reasons include the following: A. That the zoning had previously been changed, or was originally established, in error; B. That there has been a change in circumstances which make the current zoning inappropriate; or C. That the requested zoning is of similar intensity as allowed under the Future Land Use Map and that it is more appropriate for the property based upon circumstances particular to the site and/or neighborhood. The reason for which the rezoning is being sought is most consistent with criterion "C". The pending expansion of the South County Courthouse and the associated construction of the parking garage as well as the pending construction of the Delray Beach Public Library constitute an increase in the intensity of the neighborhood that makes the proposed RO zoning designation more appropriate that the current RM zoning designation. As noted previously, LDR Section 4.4.17(A) (1) states that the RO district is appropriate as a transitional land use between a commercial or industrial area and a residential area. While the subject property is not adjacent to a commercial zoning district, the adjacent established and proposed uses (i.e., the courthouse, parking garage, library, and the Sundy House) will effectively operate with the intensity of commercial uses. Thus, the proposed RO zoning district will constitute a buffer between these uses and the residential properties to the south and is therefore more appropriate than the current RM zoning designation. Further, the proposed zoning is appropriate for the subject property as it will further the goals and objectives of both the Southwest Area Neighborhood Redevelopment Plan, the Downtown Delray Beach Master Plan and the Comprehensive Plan by providing new employment opportunities and office space to the neighborhood. Based upon the above, a positive finding can be made with regard to LDR Section 2.4.5(D) (5), that the proposed zoning designation is more appropriate for the subject property based upon neighborhood circumstances. Planning and Zoning Board Staff I~eport Small-Scale FLUM Amendment From Medium Density Residential (MD) to Transitional (TRN) and Rezoning From Medium Density Residential (RM) to Residential/Office (RO) for the Lighthouse Property Page 9 COMPLIANCE WITH LAND DEVELOPMENT REGULATIONS: Future redevelopment of the 0.86 acre pamel of land can occur in accordance with the City's Land Development Regulations. During the site plan review process the development proposal will be reviewed for compliance with the LDR. The applicant has indicated an intent to develop the subject property along with adjoining parcels to the south as a mixed-use development consisting approximately of 10,000 square feet of office floor area (subject property) and 30 residential dwelling units (adjacent property). The office component is permissible under the proposed RO zoning designation and compatible with the proposed TRN FLUM designation. At this time no issues have been identified which would prohibit compliance with the requirements of the RO zoning district. Given the above, a positive finding with respect to compliance with the Land Development Regulations can be assumed. Community Redevelopment Aqenc¥ (CRA): At its meeting of May 27, 2004, the CRA reviewed the proposed FLUM amendment and rezoning and had no objections. Downtown Development Authority (DDA): At its meeting of May 19, 2004, the DDA reviewed the proposed FLUM amendment and rezoning and had no objections. Public Notice: Formal public notice has been provided to property owners within a 500' radius of the subject property. Letters of objection and/or support, if any, will be presented at the Planning and Zoning Board meeting. The proposed FLUM amendment from MD to TRN and rezoning from RM to RO are consistent with the goals, objectives and/or policies of the Southwest Area Neighborhood Redevelopment Plan, the Downtown Delray Beach Master Plan, the Comprehensive Plan, and LDR Sections 2.4.5(D) (5), 3.1.1 and 3.2.2(D). Positive findings can be made with respect to Concurrency and Compatibility with the surrounding land uses. Further, LDR Section 4.4.17(A) states that the RO district is appropriate: (1) As a transitional land use between a commercial or industrial area and a residential area. (2) As an incentive zoning in older residential areas which are in need of redevelopment or revitalization, or are in a state of transition. (3) To accommodate professional offices that will meet the needs of nearby neighborhoods. As discussed previously with regard to LDR Sections 2.4.5(D) (5) and 3.2.2(D), the proposed rezoning of the subject property to RO will be appropriate. The subject property is located Planning and Zoning Board Staff ~eport Small-Scale FLUM Amendment From Medium Density Residential (MD) to Transitional (TRN) and Rezoning From Medium Density Residential (RM) to Residential/Office (RO) for the Lighthouse Properly Page 10 within the boundaries of both the Southwest Area Neighborhood Redevelopment Plan and the Downtown Delray Beach Master Plan. Both plans identify the lack of employment opportunities and office space within the area. Further, the subject area is indicated as a prime area for this type of development within the above Plans. The proposed rezoning would accomplish these goals as the envisioned development for the subject property entails the provision of approximately 10,000 square feet of new office floor area. Based upon the above, a recommendation of approval should be made to the City Commission for the proposed FLUM amendment and rezoning. A. Continue with direction. B. Move a recommendation of approval to the City Commission for the privately sponsored request for a small scale FLUM Amendment from MD to TRN and rezoning from RM to RO for the subject property, by adopting the findings of fact and law contained in the staff report, and finding that the request and approval thereof is consistent with the Comprehensive Plan, the Southwest Area Neighborhood Redevelopment Plan, the Downtown Delray Beach Master Plan, and meets the criteria set forth in Sections 2.4.5(D) (5), 3.1.1 and 3.2.2 of the Land Development Regulations. C. Move a recommendation of denial to the City Commission for the privately sponsored request for a small scale FLUM Amendment from MD to TRN and rezoning from RM to RO for the subject property, by adopting the findings of fact and law contained in the staff report, and finding that the request is inconsistent with the Comprehensive Plan, the Southwest Area Neighborhood Redevelopment Plan, the Downtown Delray Beach Master Plan, and does not meet the criteria set forth in Sections 2.4.5(D) (5), 3.1.1 and 3.2.2 of the Land Development Regulations. Move a recommendation of approval to the City Commission for the privately sponsored request for a small scale FLUM Amendment from MD to TRN and rezoning from RM to RO for the subject property, by adopting the findings of fact and law contained in the staff report, and finding that the request and approval thereof is consistent with the Comprehensive Plan, the Southwest Area Neighborhood Redevelopment Plan, the Downtown Delray Beach Master Plan, and meets the criteria set forth in Sections 2.4.5(D) (5), 3.1.1 and 3.2.2 of the Land Development Regulations. Attachments: Location Map Staff Report Prepared by: Robert G. Tefft, Senior Planner EI~II'IIIIIIILJI I~1 I~11 I1~ I~N~I~tl IF~I/P AT ANTI AVENUE LIGHTHOUSE PROPERTY ORDINANCE NO. 47-04 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE FUTURE LAND USE MAP DESIGNATION AS CONTAINED IN THE COMPREHENSIVE PLAN FROM MD (MEDIUM DENSITY RESIDENTIAL 5-12 DU/AC) TO TRN (TRANSITIONAL); ELECTING TO PROCEED UNDER THE SINGLE HEARING ADOPTION PROCESS FOR SMALL SCALE LAND USE PLAN AMENDMENTS; AND REZONING AND PLACING LAND PRESENTLY ZONED RM (MEDIUM DENSITY RESIDENTIAL) DISTRICT TO RO (RESIDENTIAL OFFICE) DISTRICT; SAID LAND BEING A PARCEL OF LAND LOCATED ON THE SOUTH SIDE OF SW 1sT STREET, BETWEEN SW 1sT AVENUE AND SW 2ND AVENUE, AS MORE PARTICULARLY DESCRIBED HEREIN; AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, JULY 2004"; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, New Urban Lighthouse, LLC, is the fee simple owner of a 0.86 parcel of land located on the south side ofSW 1st Street, between SW 1st Avenue and SW 2nd Avenue; and WHEREAS, the subject property hereinafter described has an existing Future Land Use Map (FLUM) designation o f MD (Medium Density Residential 5-12du/ac); and WHEREAS, the owner of the property requested to change the Future Land Use Map designation from MD (Medium Density Residential 5-12du/ac) to TRN (Transitional); and WHEREAS, the property hereinafter described is shown on the Zoning District Map of the City of Delray Beach, Florida, dated July, 2004 as being zoned RM (Medium Density Residential) District; and WHEREAS, at its meeting of August 16, 2004 the Planning and Zoning Board for the City of Delray Beach, as Local Plaiming Agency, considered this item at a public heating and voted 5 to 0 to recommend that the property hereinafter described be rezoned, based upon positive findings; and WHEREAS, it is appropriate that the Zoning District Map of the City of Delray Beach, Florida, be amended to reflect the revised zoning classification. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the Future Land Use Map designation of the subject property is hereby officially affixed as TRN (Transitional). Section 2. That the City of Delray Beach elects to make this small scale amendment by having only an adoption hearing, pursuant to Florida Statutes Section 163.3187(1)(c)3. Section 3. That the Zoning District Map of the City of Delray Beach, Florida, be, and the same is hereby amended to reflect a zoning classification of RO (Residential Office) District for the following described property: Lots 1 through 11, inclusive, and Lot 26, Heisley Estates Subdivision, being a Subdivision of the North one-half (N lA) of Block 54, Delray Beach, Florida, according to the Plat thereof on file in the Office of the Clerk of the Circuit Court in and for Palm Beach County, Florida, recorded in Plat Book 13, Page 48 Section 4. That the Planning and Zoning Director of the said City shall, upon the effective date of this ordinance, amend the Zoning Map of the City of Delray Beach, Florida, to conform with the provisions of Section 3 hereof. Section 5. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 6. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 7. That this ordinance shall become effective as follows: thirty-one (31) days after adoption, unless the amendment is challenged pursuant to Section 163.3187(3), F.S. If challenged, the effective date of this amendment shall be the date a final order is issued by the Department of Community Affairs, or the Administration Commission, finding the amendment in compliance with Section 163.3184, F.S. No development orders, development permits, or land uses dependent on this amendment may be issued or commence before it has become effective. If a final order of noncompliance is issued by the Administration Commission, this amendment may nevertheless be made effective by adoption of a resolution affirming its effective status, a copy of which resolution shall be sent to the Department of Community Affairs, Bureau of Local Planning, 2740 Centerview Drive, Tallahassee, Florida 32399-2100. PASSED AND ADOPTED in regular session on second and final reading on this the __ day of ., 200__. 2 ORD NO. 47-04 ATTEST M A Y 0 R City Clerk First Reading Second Reading_ 3 ORD NO. 4%04 MEMORANDUM DATE: August 23, 2004 TO: David Harden, City Manager FROM: Lula Butler, Director, Community Improvement ~-~ RE: First Reading of Ordinance No. 54-04, Amending Section 110.15 of the City's Code of Ordinance Increasing Occupational License Fees ITEM BEFORE THE COMMISSION: First reading of Ordinance #54-04 amending Section 110.15 of Chapter 110 the City's Code of Ordinance governing the requirement for licenses and assessed fees. The amendment provides for an across-the-board 5% increase in the individual license tax paid to the City by the persons engaging, managing or transacting an occupation or profession annually. BACKGROUND: The State Legislature amended Chapter 205 of the Florida State Statutes by the passing of SB 364 in 1993. The amendments to Chapter 205 established authority for governments to increase licenses taxes every other year by up to 5%. The Occupational License fees currently in effect were adopted by this Ordinance in 1995. This is the third increase in the approved fees since the passing of SB 364. The second increase of 5% was adopted August 3, 2002. The first fee increase of 4% was adopted August 4, 1998. Staff is recommending a 5% increase in all individual fees as amended under Ordinance 54-04. A majority of the classifications are assessed a flat fee of $136.00, which will be increased to $142.00. All exceptions are detailed under Section 110.15. RECOMMENDATION: Staff is recommending that the City Commission adopt Ordinance 54-04, amending Section 110.15 of the Code of Ordinance, providing for a 5% increase in all Occupational License Fees effective October 1, 2004. The Ordinance should be made effective immediately to coincide with the City's renewal notice and process. ORDINANCE NO. 54-04 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEAGH, FLORIDA, AMENDING CHAPTER 110, "OCCUPATIONAL LICENSES GENERALLY", SECTION 110.15, "LICENSE TAX SCHEDULE", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, TO PROVIDE FOR AN INCREASE IN ~ATIONAL LICENSE FEES: PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, Chapter 110, "Occupational License Generally", Section 110.15. "License tax Schedule", of the City Code establishes the individual license tax required to be paid annually to the City by persons engaging in or managing or 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 occupational license fees. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Tide XI, "Business Regulations", Chapter 110, "Occupational Licenses Generally", Section 110.15, "License Tax Schedule", of the Code of Ordinances of the City of DelrayBeach, Florida, be, and the same is hereby amended to read as follows: Section 110.15 LICENSE TAX SCHEDULE. The following enumerated individual license tax 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 $D~.00 $142.00, except as noted ABSTRACTING 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 Agencies, firms, associatiom, corporations or other persons distributing circulars, pamphlets or other adverting 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 $ 2 !.90 $23.00 AMBULANCES Separate from undertaking, each $ 7~.50 $80.33 AMUSEMENT PARLORS OR CONCERT HALLS APARTMENT, ROOMING HOUSES Per room, excluding kitchen & bathrooms $ 5.50 $5.78 AQUARIUM ARMORED CAR SERVICE Each vehicle $ 7~.50 $80.33 ART GALLERY (1) Art studio, workshop, classes (2) Artist, commercial (3) Artist material or supplies (SEE MERCHANTS) (4) Artist's outdoor sale: Each sale, first day $ 3220 $34.80 Each daythereafter $ !!.00 $11.55 ASTROLOGIST, 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 paya license tax. ATHLETIC CLUB, GYMNASIUM AUCTIONEERS 2 Ordinance No. 37-02 AUCTIONS AUCTION, REAL ESTATE Per day 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 $ ?,.~0 $ 57.33 AUTOMATIC TRADE MACHINES Where only incentive to operate same is to procure such a gum, nuts and like Each machine~¢ ~.wd° o~ $ 34.44 AUTOMATIC WEIGHING MACHINES DISTRIBUTOR Each machine $ !!.00 $11.55 AUTOMOBILE OR MOTOR VEHICLES, TRUCKS, FARM TRACTORS AND FARM IMPLEMENTS, MOTORCYCLE S (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 displaylot. (3) Rental of vehicle not to exceed 30 da~ 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 $ a, 3.70 $45.89 Each additional unit $1!.00 $11.55 (8) U-Drive rentals 3 Ordinance No. 37w02 (9) Upholstering tops, seat covers and the like (10) Automobile used parts, dealers in, used for purposed other than junk (11) Wrecker service, towing (12) Auto detailing AUTOMOBILE SERVICE STATION Washing and polishing, greasing, lubrication and like servicing of automobiles, selling gasoline and oil, but not include repair work and not include the sale of merchandise required to licensed otherwise by ordinance under MERCHANTS. AUTOMOBILE SERVICE STATION Selling merchandise other than petroleum products used in greasing and lubrication shall pay the MERCHANTS license on other merchandise in addition to the foregoing. BABY SITTER SERVICE ~,,~.w¢~ ~ $68.88 BAGGAGE OR FREIGHT TRANSFER COMPANY BAKERY Wholesale and reta~, each store BALL ROOMS FOR PROFIT BANKS (National and State chartered) SAVINGS AND LOAN ASSOCIATION (per Section 5219 Revised Statutes 12 U.S.C. 548) BANKRUPTCY, CLOSING OUT, TRUSTEE SALE (SEE FIRST 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, each table $ ?..S0 $57.33 BIRDS 4 Ordinance No. 37-02 Dealers BLUEPRINTING SERVICE Maps, plats and the like BOAT AGENCIES, NEW/USED Each lot, not to include repairs BOATS FOR HIRE Fishing, cruising or sightseeing (each boat) BOAT HOUSES Storage only BOAT MARINAS, DOCKAGE, YACHT BASINS BOAT REPAIR BOILER, MACHINE SHOPS OR FOUNDRIES BONDSMAN, BAIL BONDS BOOK MAGAZINE SOLICITORS Per week $ ?..00 $57.33 Per person $ 2 !.90 $23.00 Interstate commerce No fee BOOKKEEPER/ACCOUNTANT, not C.P.A BOOT AND SHOE REPAIR SHOP BOTTLING WORKS BRORERS Stocks, bonds, mortgages, customs and others BUILDING INSPECTOR BUILDING AND LOAN ASSOCIATIONS (SEE BANRS) BURGLAR ALARM COMPANY BUS STATION, intrastate business only 5 Ordinance No. 37-02 BUSINESS OFFICE BUTCHER SHOP GABINET SHOP CARPET AND RUG CLEANING Each location CATERERS Fixed base or mobile, each truck $ ?,.60 $57.33 CERAMIC STUDIO CHEMICAL COMPANIES CHRISTMAS TREE SALES Season only, each lot CITRUS FRUITS AND VEGETABLE RETAIL (SEE MERCHANT) CLAIM AND COLLECTING AGENCIES CLEANING, PRESSING, DYEING (SEE LAUNDRIES) CLOTHING Secondhand dealers COLD DRINK STAND (SEE MERCHANT) COLD STORAGE All types COMMISSION MERCHANTS Handling shipments (other than specificallyprovided for herein) on commission basis COMPUTER SERVICE CONCRETE PRODUCTS (SEE MANUFACTURER) CONCRETE READY-MIX PLANT CONTRACTORS 6 Ordinance No. 37-02 (1) General (2) Engineering contractor (includes bridge, bulkheading, drainage, excavating, sewer constmction, 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 other as listed: a. Concrete, stone, brick b. Electrical c. Heating and ventilating d. House movers e. Masons f. Plasterers g. Roofing h. Sheetmetal and tinsmith i. Septic tank j. Title lc Well drilling I. Floor sanding and finishing m. Lathers n. Plumbers (5) Any person who shall accept orders to be engaged in the business of accepting orders or contracts 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 anypaving or cmbing 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, constmct 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) Chapter 400, Florida Statutes, zoning, State Department of Health and Rehabilitative Services regulation. COSTUME, CLOTHING RENTAL CREDIT BUREAUS DAIRIES (Milk distributors, jobbers or creameries delivering milk) 7 Ordinance No. 37-02 Each truck ,¢ ,vt ,..~.~tn $80.33 DANCE HALLS DANCING SCHOOLS DATA PROCESSING (SEE PROFESSIONAL) DEALERS IN SECOND HAND FIREARMS This license shall be exclusive of all other license taxes. All secondhand dealers shall keep a permanent record of all purchases 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 EMIGRANT AGENTS Including any agent, solicitor or recruiter engaged in the business of hiring, enticing or soliciting laborers or emigrants. EMPLOYMENT AGENCIES 8 Ordinance No. 37-02 ENGRAVERS OR LITHOGRAPHERS EXPORT OR IMPORT COMPANIES EXPRESS COMPANIES (Imrastate 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 AND POULTRY MARKET FISH PEDDLER (SEE PEDDLERS OF MERCHANDISE) FISHING TACRLE (SEE MERCHANTS) FLORISTS OR DEALERS IN FLOWERS, Each FOOD LOCRERS - COLD STORAGE FRUIT, VEGETABLE STAND\ FUMIGATING (SEE EXTERMINATORS) FURNITURE AND HOUSE FURNISHING (SEE MERCHANTS) GAS COMPANIES (1) Distributing and selling gas (2) Selling bottled gas (3) Gas tankveagon delivery only GASOLINE AND OIL DISTRIBUTORS Wholesale, storage facilities in the City of Delray Beach GOLF COURSES, Each GOLF DRIVING RANGE, Each 9 Ordinance No. 37-02 GOLF, MINIATURE, Each GUARANTY OR SURETY TITLE COMPANIES GUARD, PATROL SERVICE (SEE DETECTIVE AGENCY) GUNS, sales or repair Need Federal firearms dealers license HARNESS AND SADDLERY (SEE MERCHANTS) HOME OCCUPATION HOSPITAL, SANITARIUM HOTELS Per room, excluding kitchens and bathrooms $ 5.50 $5.78 HYPNOTISTS Must meet requirement set forth in Florida Statutes Chapter 456 ICE CREAM MANUFACTURERS ICE CREAM PARLORS ICE CREAM WAGON OR TRUCK, Each $!09.2 0 $114.66 ICE MANUFACTURING OR STORAGE INSECTICIDE Manufacturers or dealers INSTALLERS, CARPETS INSURANCE ADJUSTERS INSURANCE AGENCY For each company represemed INSURANCE Baggage, each company represented INSURANCE 10 Ordinance No. 37-02 Casualty, life, hospitalization, industrial, burial, bonding and surety companies, each IMPORT, EXPORT (SEE EXPORT) 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. KENNELS, ANIMAL (Approved location) KEY SHOP, LOCKSMITH AND ASSOCIATED SERVICES (SEE MERCHANTS) KNIFE, SCISSORS AND TOLL SHARPENER LANDSCAPE COMPANY LAUNDRY OR DRY CLEANING'PLANT Agent for out of town laundries Local agency, permanent office Self Serve LAWN MAINTENANCE LAWN SPRAYING State Board of Health certificate LINEN OR DIAPER SERVICE LOAN, FINANCE, MORTGAGE COMPANY LUMBER DEALERS 11 Ordinance No. 37-02 LUNCH STANDS, not over 25 chairs MACHINE SHOPS (not automobile) MAIL ORDER BUSINESS MAINTENANCE (floor, home, office, building) MANICURIST, Each $ ~5.~0 $68.88 MANUFACTURER MARBLE AND GRANITE WORKS MASSAGE SALON MASSEUR, MASSEUSE, Each $ ~5.~0 $68.88 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 Giving performances of moving pictures or other forms of entertainment MOVERS (SEE STORAGE) 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 DEVICE S, Distributor 12 Ordinance No. 37-02 MUSIC TEACHERS NAILS, ACRYLIC SHOPS (State certificate) NEWSPAPER PUBLISHER NEWS COMPANIES, owners or manager 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) OVFICE M~CH~NE KEPAIRS (SEE KEPAI~, SHOP) OII~ (SEe G~OLIN£) PAINT MANUFACTURER (SEE MANUFACTURER) PARCEL DELIVERY Each vehicle $ 55.50 $68.88 PAWNBROKERS PEDDLERS OF MERCHANDISE (1) Not otherwise enumerated specifically herein, shall pay a license tax per day of, each person ~ ~...~e ~ o~ $23.00 (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, eac erson ...... $23.00 (3) Peddlers, hawkers or vendors engaged in the occupation of selling products such as fruit, eggs and vegetables and farm products fro wagon, push cart or other vehicles, 13 Ordinance No. 37-02 shall pay of 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 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) PHOTO PROCESSING, FILM DEVELOPING PHOTOGRAPHERS PIANO TUNERS PICTURE AGENTS PLATING WITH METALS PORTABLE TOILETS POSTCARD STANDS, only 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 hcensed practitioner in this City, is required to take out a professional license: a. Accountants and auditors b. Architects c. Architects, landscaping d. Attorneys and lawyers e. Business consultant f. Cl~emists g. Chiropractors h. Ofiropodists i. Data processing 14 Ordinance No. 37-02 j. Dentist lc Draftsman 1. Engineers, civil, consulting m. Interior Design n. Opticians o. Optometrists p. Osteopathic physicians q. Physicians r. Psychiatrists s. Research laboratory or office, for profit t. Surgeons u. Tax consultant v. Veterinarians or veterinary w. 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 REPMR SHOPS) RAILROAD COMPANIES, Each REAL ESTATE AGENCY OR BROKER RE CORDING STUDIO REDUCING SALON RENTAL EQUIPMENT, All types REPAIR SHOPS, Each 15 Ordinance No. 37-02 REPAIR 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 (SEE MANUFACTURER) SAWMILL YARD SCHOOLS 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, this 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 bythe Commission and a license tax paid. SECRETARIAL SERVICE SEED STORES, wholesale and retail (SEE MERCHANTS) SHIP BROKERS SHOEMAKER AND REPAIRS SHOOTING GALLERY SIGN PAINTERS 16 Ordinance No. 37-02 Commercial but not erecting SODA OR MINERAL WATER FOUNTAINS SOLICITOR (SEE PEDDLERS OF MERCHANDISE) SPORTING GOODS (SEE MERCHANTS) STAMP OR OLD COIN DEALERS STORAGE WAREHOUSE OR ROOM TAILORS TANNING SALON TATTOO SALON TAX AGENCY (SEE PROFESSIONAL) TAXIDERMIST, or agents for In addition to other license TAXIS Fimt vehicle ,~l.~ r~o o~ $114.66 Each additional vehicle $ 5~,.L0 $ 57.33 TELEGRAPH COMPANIES TELEMARKETING TELEPHONE ANSWERING SERVICE TELEPHONE SOLICITATION (See Sections 118.40 through 118.45) TELEPHONE SYSTEMS AND COMPANIES Intrastate business only TEMPORARY BUSINESS LICENSES (1) Business temporarily located inside enclosed shopping mall; 30 days only (no extensions) $ L5.~0 $ 68.88 (2) Special events, no more than once annually (if under three days), as approved by 17 Ordinance No. 37-02 Commission (each license, not otherwise enumerated herein). No Fee (3) Special events, no more than once annually (in excess of three days), as approved by Commission (each license, not otherwise enumerated herein) $ 69.60 $ 68.88 TEMPORARY HOLIDAY/VENDORS $ ~5.~0 $ 68.88 THEATRICAL DIRECTORS Who charge for services in directing local talent plays or performances, each performance. TOWEL, DIAPER, UNIFORM SUPPLY COMPANY TOWING SERVICE (SEE AUTOMOBILE) TRADE SCHOOLS TRADING STAMP COMPANIES TRAILER PARK TRAIL, TRUCK RENTAL TRAVEL BUREAUS TREE PRUNER (Must have insurance) TRUCKS Motor driven, also doing freight transportation, hauling or transfer business for profk, except where other licenses are paid in conducting business, each. (Does not applyto tracks 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 MACHINE (SEE AUTOMATIC TRADE MACHINES) VENETIAN BLINDS Repair, installation and associated services 18 Ordinance No. 37-02 VALCANIZING Each place of bm/ness WATCH REPAIR WATER, sold in bottles ( SEE BOTTLING WORKS) WATER COMPANIES Pexsons 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 all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 3. That should any section or provision of this ordinance or an7 portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 4. That this occupational license tax increases enumerated in Section 1, above shall become effective. Section 5. That this ordinance shall become effective mediately upon its passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the 19 Ordinance No. 37-02 day of ,2004. MAYOR ATTEST: City (21erk First Reading Second Reading 20 Ordinance No. 37-02 Date: 9/1/2004 Agenda Item No. ~ AGENDA REQUEST Agenda request to be placed on: X Regular __ Special Workshop Consent When: September 7, 2004 Description of Agenda Item: Ordinance 54-04, Amending Section 110.15 of the City's Code of Ordinances Increasing Occupational License Fees Ordinance/Resolution Required: ~/No Draft Attached:~(~/ No Recommendation: Approval Department Head Signature: City Attorney Review/Recommendation (if applicable) Budget Director Review (required on all items involving expenditure of funds): Funding Available: Yes / No Funding Alternatives: (if applicable) Account # & Description: City Manager Review: Approved for agenda:~ / No Hold Until: Agenda Coordinator Review: Received: Action: Approved / Disapproved MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER ~ SUBJECT: AGENDA ITEM # ~ ~}~O_.~ REGULAR MEETING OF SEPTEMBER 7. 2004 ORDINANCE NO. 53-04 (AMENDING CHAPTER 51 "GARBAGE AND TRASH") DATE: SEPTEMBER 3, 2004 This ordinance is before Commission for first reading to amend Chapter 51 "Garbage and Trash" of the Code of Ordinances by modifying Section 51.70, "Regmhr Charges Levied" in accordance with the awarded contract to Waste Management, Inc. of Florida; garbage, recycling, yard trash, bulk trash, and commercial container fees are being amended. Waste collection charges are being increased by 2.3%. These rates go into effect October 1, 2004. Recommend approval of Ordinance No. 53-04 on first reading. If passed, a public hearing will be scheduled for September 21, 2004. S:\City Clerk\agenda memo~.Ord.534)4.Garbage Increase.09-07-04 ORDINANCE NO. 53-04 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 51, "GARBAGE AND TRASH", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, BY AMENDING SECTION 51.70, "REGULAR CHARGES LEVIED", TO PROVIDE FOR INCREASED RESIDENTIAL AND COMMERCIAL COLLECTION SERVICE RATES FOR FY 2005; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the City Commission finds it necessary and appropriate to increase the collection rates for sanitation services. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Tire V, "Public Works", Chapter 51, 'Garbage and Trash", Section 51.70, "Regular Chaxges Levied", of the Code of Ordinances of the City of Del~ay Beach, Florida, is hereby amended to read as follows: Section 51.70 REGULAR CHARGES LEVIED. The following service charges or fees are levied for collection service: Charges for the below-described collection service shall be as follows and shall commence when a certificate of occupancy is issued for any residential or commercial units, and shall continue monthly thereafter unless service is discontinued in accordance with Sec. 51.73: (A) Residential Service (Single Family Homes, Duplexes, Triplexes, Quadplexes and Mobile Homes) Curbside Rollont Carts Monthly Service Cost Per Unit Garbage Collection $ .... 2.81 Recycling 1.5~ 1.53 Yaxd Trash 1.92 1.96 Total Fees - Contxactor $ 6.17 6.30 Cart Replacement v.,v'~ n~0,90 Administrative Fee 0.~5 0.35 Franchise Fees (5O/o) ~n =~ 0.32 Total Fees $ ?.75 7.87 Rear-door Owner Container Monthly Service Cost Per Unit Garbage Collection $ 8.72 8.92 Recycling 1.59 1.53 Yard Trash 1.92 1.96 Total Fees - Contractor $ ..... 12.41 Administrative Fee 925 0.3,5 Franchise Fee (5%) ~n ~,~ 0.62 Total Fees ~,a *n 13.38 Curbside Disposable Bags With Vegetative Waste and Bulk Trash Pickup Monthly Service Cost Per Unit Garbage/Trash Collection $1.77 1.81 cycling en Re I..,,,1.53 Yard Trash 1.92 1.96 Total Fees - Contractor $ .... 5.30 Administrative Fee 0.35 0.35 Franchise Fee (50/o) ~n ~r,0.27 Total Fees ~ on $ .... 5.92 (B) Multi-Family Service Multiple-family dwelling umts containing five (5) units or more shall use containers emptied by mechanical means, except as otherwise approved by the City because of lack of suitable space for a mechanical container or other good reason. Multiple-family monthly fees shall be based on a per unit charge. These monthly rates assume two (2) pick ups per week. If the mount of refuse generated requires more than two (2) pick ups per week, then the third (3rd) and 2 Ordinance No. 53-04 all subsequent collections shall be charged by the Contractor at the commercial collection rate only. Collection & Hauling Rate Per Unit Monthly Service Monthly Cost Per Unit Refuse Collection $2.07 $2.12 Recycling n oo 0 90 Total Per Unit Fee-Contractor $ .... 3.0._~2 Administrative Fee 0.35 0.35 (5%) Franchise Fee Total Monthly Fees Per Unit $ .... $3.52 (C) Commercial Service (1) Commercial customers shall use mechanical containers or rollout carts. Commercial customers shall include all customers other than residential or multi-family customers. Commercial customers may use any of the following containers for accumulation of refuse: (a) Kollout carts. The City shall require any commercial customer needing more than six (6) rollout carts to use mechanical containers, if feasible. (b) Mechanical containers. (2) The owners/operators of commercial establishments and other commercial customers shall accumulate such refuse in those locations mutually agreed upon by the owner/operator and the City or its contractor, and which are convenient for collection by the City or its contractor. (3) Containers emptied by mechanical means shall be provided by the City or its contractor. These containers shall be emptied on a schedule mutually agreed upon by the customer and the City or its contractor, but not less than one day a week nor more than seven days a week. (4) Commercial customers needing six (6) or less rollout carts, and those approved for this type of service by the City in advance because they lack a suitable location for a mechanical container shall be serviced at least once per week. All garbage and commercial trash shall be collected from such refuse containers at locations agreed to between the City or its contractor and the customer. The charge shall be based upon the following schedule: 3 Ordinance No. 53-04 Com,netcial Rates (Monthly) Container Size Container Pickup Frequency (Per Week) 2 yd 1 2 3 4 5 6 7 11.~0 22.48 34.51 45.99 57.S0 68.99 80.49 Disposal 16.28 32.56 48.84 65.12 81.40 97.68 113.97 Maintenance Fee 19.40 19.40 19.40 19.40 19.40 19.40 19.40 Total Contractor Fees $ ..... $ ..... $ ......~ e~r'~n~ ~ ...... ,~nr 47.18 74.44 102.75 130.51 158.30 186.07 213.86 Franchise Fees (5%) ~ ~u 3 70 ~ ~n r, ~, '~ ou , ~ ~, r,n 2-~6 ~.72 5.14 6.$3 7.9~ 9.~0 10.69 Total Fees $49~7 $ 77.66 .,~n.~ n.~ ~aa= ne $t64~6 $!93.75 ,~,~ ~c 49.54 78.16 107.89 137.04 166.22 195.37 224.55 3 yd Collection $ ..... $ ..... $ ..... $ ..... $ ..... $ I01 ......... 17.25 ~4.~1 51.74 68.99 86.24 103.50 120.73 Disposal 24.42 48.84 73.26 97.68 122.11 146.53 170.95 Container Maintenance Fee 21.44 21.44 21.44 21.44 21.44 21.44 21.44 Total Contractor Fees $ 63.11 104.79 146.44 188.11 229.79 271.47 }13.12 4 Ordinance No. 53-04 Franchise Fees (5%) 3 3.16 5.24 7.32 9.41 11.49 13.57 15.66 Total Fees $ 6&86 $1 66.27 110.03 153.76 197.52 241,28 285.04 328.78 4 yd Collection $ ..... $ $ <-* 4 A on aa ~a a oo 23.00 45.99 68.99 92.00 114.99 137.98 160.98 Disposal 32.56 65.12 97.68 130.25 162.81 19S.37 227.93 Container Maintenance Fee 22.21 22.21 22.21 22.21 22.21 22.21 22.21 Total Contractor Fees $ ..... v-~.--ea ao on v.o,e' o'v aa...~ $ ...... $ ...... $ ...... an'* eh.v, ..... 77.77 133.32 188.88 244.46 300.01 355.56 411.12 Franchise Fees (5%) aor. r~r~ n':', 1212 ~Ao~ 3.89 6.67 9.44 12.22 15.00 17.713 20.56 T $ ~ot~. 1.1el-lO nn ~,tn<: ~n ~ a. at.'~ on a,a~n no .I,-}-/ O0 otal Fees . . ..... . ...... . 81.66 139.99 198.32 256.68 315.01 373.34 431.68 6 yd Collection $ ..... $ ..... $ ...... . ...... $ ...... $ ...... ~' 34.51 68.99 103-50 137.98 172.49 206.98 241.48 Disposal 48.84 97.68 146.53 195.37 244.21 293.05 341.90 Container Maintenance Fee 25.53 25.53 25.53 25.53 25.53 25.53 25.53 Total Contractor Fees $ ...... ~ ...... $ ...... $ ...... $ ...... $ ...... ,503..~ 108.88 192.20 275.56 358.88 442.23 525.56 608.91 Franchise Fees (5%) r ~ n ca ~ a r,r, 17 79 ,~ n~ ,~, nc an . '~ 5.44 9.61 13.78 17.94 22.11 26.28 30.45 5 Ordinance No. 53-04 114.~2 201.81 289.~4 376.82 464.54 551.84 639.~6 8 yd 45.99 92.00 137.98 183.98 229.97 275.97 321.96 Dispos~ 65.12 130.25 195.37 260.49 325.62 390.74 455.86 Con~ M~tenance Fee 27.09 27.09 27.09 27.09 27.09 27.09 27.09 To~ Con~ctor Fees ~ ...... e~ ~ eae~ a~ ~ ...... $ ...... ~ ...... 138.20 249.34 360.~ 471.56 582.68 693.80 ~0~.91 F~c~se Fees (5%) ~o~ '~a~ 17~7 ~ ~ooo ~ 6.91 12.47 18.02 23.58 29.13 34.69 To~lFees ~ ~n ~ ~,~ ~ ~ ~ ~ ~ 145.11 261.81 378.46 495.14 ~11,81 728.49 845.16 6 Ordinance No. 53-04 Commercial Front-Load Compacting Containers 1 2 3 4 2 yd Collection $ 17.94 Disposal 61.013 Total Contractor Fee 79.02 Franchise Fee (5%) 3.9g 3.95 Total Fees $ ..... $82.97 3 yd Collection 53.82 Disposal 183.19 Total Contxactor Fee ~.,,v~a~ on 237.01 Franchise Fee (5%) 11.79 11.135 Total Fees $ ...... 248.86 5 yd Collection $ ..... $ ...... 44.84 134.54 Disposal 152.62 457.91 Total Contractor Fees 197.46 592.45 Franchise Fees (5%) n 9.137 29.62 Total Fees 207.33 622.07 6 yd Collection $ ...... 215.25 Disposal 732.64 7 Ordinance No. 53-04 Total Contxactor Fees 947.89 Franchise Fees (5%) 47.99 Total Fees $990.20 995.28 Commercial/Multi-Family Rolloff Contulners: Open-top rolloff container $96.57 98.79 per pickup plus disposal cost Compactors $9.5.57 98.79 per pickup plus disposal cost; PLUS monthly container rental 15 Yard $250.00 20 Yard $295.00 30 Yard $345.00 40 Yard $395.00 Excludes commercial recycling containers and construction/demolition debris. Commercial 95-Gallon Cart Service Pickups Per Week Collection Disposal Container Monthly Charge Fr. Fees Total Fees ~ on 0..Sa. r~ 13.60 ! $ 2.7fi 2.81 $ 8.14 $2.00 $ ..... 12.95 $ 0.65 $ __2 5.51 5.64 16.28 2.00 23.79 23.92 1.19 1.20 ?..gg 25.12 __3 g.2.5 9.45 24.42 2.00 ?,..sS 34.87 1.73 1.74 36.4! 36.61 __4 Il.e0 11.25 32.56 2.00 ~,5.5.5 45.81 2.28 2.29 ~,7.g~,49.10 5 ~:'~- 14.08 40.70 2.00 ~A~. 56.78 2.82 294 ~o 59.62 6 ~-"'~..,.~-. 1662. 48.84 2.00 ~,~-'~ '~.~. 67.46 ~.~'~r3.37 -m ,~,~, .,. · , 70.83 8 Ordinance No. 53-04 NOTE: The foregoing rates are based on $28.00 per ton ($1.88 per cubic yard), which is the anticipated Solid Waste Authority tipping fee to be effective October 1,200~ 2004. Section 2. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 3. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 4. That this ordinance shall become effective on October 1, 2004. PASSED AND ADOPTED in regnl~r session on second and final reading on this the day of ,2004. MAYOR A'ITEST: city Clerk Fixst Reading Second Reading 9 Ordinance No. 53-04 MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER SUBJECT: AGENDA ITEM $$ ~ ~ ['h REGULAR MEETING OF SEPTEMBER 7. 2004 ORDINANCE NO. $5-04 (.AMENDING CHAPTER 53 "SANITARY SEWERS") DATE: SEPTEMBER 3, 2004 This ordinance is before Commission for first reading to amend Chapter 53 "Sanitary Sewers", of the Code of Ordinances by modifying Section 53.130, "User Charges; Wholesale Sewer Rates; Calculation of Sewer Surcharge" to provide for an increase of .45 cents per 1,000 gallons for treatment costs. TMs increase is from the South County Regional Wastewater Treatment and Disposal Board (SCRWTD). These new rates go into effect on October 1, 2004. Recommend approval of Ordinance No. 55-04 on first reading. S:\City Clerk\agenda memo~.Ord 55.04.Sewerl nctease.9.7.04.doc ORDINANCE NO. 55-04 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 53, "SANITARY SEWERS", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, BY AMENDING SECTION 53.130, "USER CHARGES; WHOLESALE SEWER RATES; CALCULATION OF SEWER SURCHARGE", SUBSECTION 53.130(D), TO PROVIDE FOR INCREASED RESIDENTIAL AND NONRESIDENTIAL/COMMERCIAL RATES FOR FY 2005; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, to provide for accurate accounting of services, the City Commission desires to more accurately reflect the payment for services provided for the rendition of sewer services on a prorated basis. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Tide V, "Public Works", Chapter 53, "Sanitary Sewers", Section 53.130, "User Charges; '~'holesale Sewer Rates; Calculation of Sewer Surcharge", subsection 53.130(D), of the Code of Ordinances of the City of Delray Beach, Florida, is hereby amended to read as follows: 02)) The following rates and charges shall be collected from the users of the City sewerage system: (1) Residential dwelling inait8. A monthly sanitary sewer service charge is imposed upon each residential dwelling unit, as more specifically set forth hereinafter, to which sanitary sewage service is available through the facilities afforded by the municipally-owned sewerage system, according to the following schedule: Residential Inside City Outside City (a) Capacity charge (per residential dwelling unit): 11.83 14.79 Residential Inside City Outside City (b) Commodity charge (based on metered water with maximum of 12,000 gallons): 1.44 1.80 (c) South Central Regional Wastewater Treatment and Disposal Board (p 000gan ) ~o~ 0865 ~ 108 er 1, OhS .......... NOTES: Where no water service is provided and the user is connected to the sanitary sewer system, the commodity charge shall be based on the maximum of 12,000 gallons. This is in addition to the capacity charges as set forth above. Where no water service is provided and the user is not connected to the sanitary sewer system, and sewer service is available for connection, there will be a capacity charge as set forth above. (2) Nonresidential/commercial units. A monthly sanitary sewer service charge is imposed upon each commercial and nonresidential unit to which sanitary sewage service is available through the facilities afforded by the municipally-owned sewerage system, according to the following schedule: Nonresidential/Commercial Inside City Outside City (a) Capadty charge (per meter): 3/4-inch meter $11.83 $14.79 1-inch meter 19.74 24.68 1-1/2 inch meter 39.33 49.17 2-inch meter 62.95 78.69 3-inch meter 137.83 172.29 4-inch meter 248.01 310.01 6-inch meter 551.20 689.00 2 ORD. NO. 55-04 8-inch meter 945.65 1,182.06 1 O-inch meter 1,497.32 1,871.65 (b) Commodity charge: City (per 1,000 gallons) 1.44 1.80 (c) South Central Regional Wastewater Treatment and Disposal Board (p O00gall ) ~°° 0 ~ er 1, ons v.,,~ .865 ..w 1.08 NOTE (1): For those nonresidential/commercial units where water service is not available, and the user is connected to the sanitary sewer system or sewer service is available the capacity charge will be set forth above. The commodity charge shall be based on the average usage for the type of buffmess or nonresidential use. (3) Sewerage flow determination. The number of gallons of monthly sewerage flow for residential and nonresidential/commercial units shall be based upon the water usage for those units as indicated by a water meter, unless a customer installs at no cost to the City a separate meter to measure the actual sewerage flow from the subject unit. A separate meter may be used to measure actual sewerage flow for the calculation of charges only when the location, installation, and type of meter have been approved by the City Manager or his designee. (4) When effective. The initial rates for charges shall be effective the first day of the month following the date when the system is constructed, certified for use by the consulting engineer, and accepted by the City. Section 2. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 3. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. 3 ORD. NO. 55-04 Section 4. That this ordinance shall become effective on October 1, 2004. PASSED AND ADOPTED m regular session on second and final reading on this the day of ~ 2004. MAYOR A~FEST: Acting City Clerk First Reading Second Reading 4 ORD. NO. 55-04 MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER SUBJECT: AGENDA ITEM # I ~ REGULAR ME~TING OF SEPTEMBER 7. 2004 ORDINANCE NO. 56-04 (AMENDING CHAPTER 52 "WATER") DATE: SEFfEMBER 3, 2004 This ordinance is before the City Commission to amend Chapter 52 "Water" of the Code of Ordinances by modifying Section 52.34, "Water Rates" to provide for a rate increase of seven percent (7%) These new rates go into effect on October 1, 2004. Recommend approval of Ordinance No. 56-04 on first reading. If passed, a public hearing will be scheduled for September 21, 2004. S:\City Clerk\agenda memo~\Ord.56-O4.Water Increase 09-07-04 ORDINANCE NO. 56-04 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 52, "WATER", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, BY AMENDING SECTION 52.34, "WATER RATES", SUBSECTION 52.34(13), TO PROVIDE FOR INCREASED RESIDENTIAL, NONRESIDENTIAL AND IRRIGATION RATES FOR FY 2005; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, to provide for accurate accounting of services, the City Commission desires to more accurately reflect the payment for services provided for the rendition of water services on a prorated basis. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Title V, "Public Works", Chapter 52, "Water", Section 52.34, "Water IL~tes", subsection 52.34(B), of the Code of Ordinances of the City of Delray Beach, Florida, is hereby amended to read as follows: (B) Monthly rates. The monthly rates (except for fire hydrants as set forth in Sec. 52.03) for water furnished by the water facilities or plant of the City to customers within and outside the corporate limits of the City, which unless otherwise indicated shall include the appropriate customer charges, capacity charges, and commodity charges for all customers, are fixed as shown in the following schedule: Residential Inside City Outside City Customer charge (per meter) $ ~ rn 1.53 e~ oo 1,91 Capadty charge (charged to all customers, per residential d llingunit) nan 918 ~,oc 1148 Commodity charge (all metered consumption-per 1,000 gallons) Zero to 3,000 gallons 1.24 1.26 1.55 1.58 4,000 to 20,000 gallons 1.36 1.39 1.70 1.73 21,000 to 35,000 gallons 1.50 1.53 l.g~° 1.98 36,000 to 50,000 gallons !.63 1.66 2.0q 2.08 Ab 000 gall or. 90 ~ ~ 37 ove 50, ons I.~ 1 2 Nonresidential and Irrigation Customer charge (per meter) $ .... 1.53 ~.v,,°° 1.91 Capacity charge (based upon meter size): 3/4-inch meter 9.40 9.18 11.25 11.48 1-inch meter t.~.v. ~ at 15.31 t.v.,~° -~r. 19.14 1 1/2in h "'~'~ 3055 ~.~ ~1319 - - c meter ......... ,, . 2 in h ~'"= 4~ 91 ~" °~ 61 14 - c meter ...... ~..., . 3-inch meter t~,,,.,,~n~ n~, 107.06 ~.~..-~at ,~n 133.82 4-inch meter too.,,,,.,,,on 192.67 -o~.oar' t~.. 240.83 6-inchmeter ~n.~,...,, 428.17 ~,,,.,,~ ~535.21 8-inch meter 719.53 733.9~ 8g9~ 917.40 lO-inch meter t t an -,n ., ......1.452.59 ., ...... 1.162.08 t ~ ~t Commodity charge (all metered consumption-per 1,000 gallons) 1.3.5 1.39 1.70 1.73 Section 2. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. 2 ORD. NO. 56-04 Section 3. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 4. That this ordinance shall become effective on October 1, 2004. PASSED AND ADOPTED in regular session on second and final reading on this the day of ., 2004. MAYOR ATfEST: Acting City Clerk First Reading Second Reading 3 ORD. NO. 56-04