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02-20-96 Regular OELRAY BE~CH CITY OF DELRAY BEACH, FLORZDA - CITY COMMISSION REGULAR MEETING ~ COMMISSION CHAMBERS The City will furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal opportunity to participate in and enjoy the benefits of a service, program or activi- ty conducted by the City. Please contact Doug Randolph at 243-7127 (voice) or 243-7199 (TDD), 24 hours prior to the program or activity in order for the City to reasonably accommodate your request. Adaptive listening devices are available for meetings in the Commission Chambers. RULES FOR PUBLIC PARTICIPATION 1. PUBLIC COMMENT: The public is encouraged to offer comments with the order of presentation being as follows: City Staff, public comments, Commission discussion and official action. City Commission meetings are business meetings and the right to limit discussion rests with the Commission. Generally, remarks by an individual will be limited to three minutes or less, (10 minutes for group presentations). The Mayor or presiding officer has discretion to adjust the amount of time allocated. A. Public Hearings: Any citizen is entitled to speak on items under this section. B. Comments and Inquiries on Non-Agenda Items from the Public: Any citizen is entitled to be heard concerning any matter within the scope of jurisdiction of the Commission under this section. The Commission may withhold comment or direct the City Manager to take action on requests or comments. C. Regular Agenda and First Reading Items: When extraordinary circumstances or reasons exist and at the discretion of the Commission, citizens may speak on any official agenda item under these sections. 2. SIGN IN SHEET: Prior to the start of the Commission Meeting, individuals wishing to address public hearing or non-agendaed items should sign in on the sheet located on the right side of the dais. If you are not able to do so prior to the start of the meeting, you may still address the Commission on an appropriate item. The primary purpose of the sign-in sheet is to assist staff with record keeping. Therefore, when you come up to the podium to speak, please complete the sign-in sheet if you have not already done so. 3. ADDRESSING THE COMMISSION: At the appropriate time, please step up to the podium and state your name and address for the record. Ail comments must be addressed to the Commission as a body and not to individuals. Any person making impertinent or slanderous remarks or who becomes boisterous while addressing the Commission shall be barred by the presiding officer from speaking further to the Commission unless permission to continue or again address the Commission is granted by majority vote of the Commission member present. Regular Commission Meeting February 20, 1996 APPELLATE PROCEDURES Please be advised that if a person decides to appeal any decision made by the City Commission with respect to any matter considered at this meeting, such person will need to ensure that a verbatim record includes the testimony and evidence upon which the appeal is based. The City neither provides nor prepares such record. AGENDA 1. Roll Call. 2. Invocation. 3. Pledge of Allegiance to the Flag. 4. Agenda Approval. Action: Motion to Approve. 5. Approval of Minutes: Regular Meeting of February 6, 1996 Special Meeting of February 13, 1996 6. Proclamations: A. "1995 Beach Patrol of the Year" award given by the Florida Beach Patrol Chiefs Association. 7. Presentations: A. Resolution No. 15-96 recognizing and commending Arthur Garland for 40 years of service to the City of Delray Beach B. Presentation of plaque in recognition of City employees with 25 or more years of service. C. Presentation by the following companies concerning the High Speed Rail (HSR) Transportation System: Rail Florida Florida Maglev Consortium Florida Overland Express 8. Consent Agenda: City Manager recommends approval. A. DONATION AGREEMENT/IBM TECHNICAL GIFTS PROGRAM: Approve agreement and formally accept IBM's donation of twelve (12) personal computers for the City's After School Program. B. UNDERGROUND CONDUIT INSTALLATION AGREEMENT WITH FLORIDA POWER & LIGHT/MORIKAMI WELLFIELD PROJECT: Approve an Underground Conduit Installation Agreement with Florida Power & Light for 2 Regular Commission Meeting February 20, 1996 the Morikami Park Wellfield project, and authorize payment in the amount of $9,088 to FP&L for underground conduits and service. C. AGREEMENT TO AMEND BYLAWS OF BLOCK 60 PARKING CONDOMINIUM ASSOCIATION: Approve an agreement to amend the Block 60 Parking Condominium Association bylaws to change from a calendar year to a fiscal year commencing October 1st and ending September 30th, and providing for an annual review of accounts as opposed to an audit. D. RESOLUTION NO. 16-96: Adopt a resolution supporting the application for and institution of an International Baccalau- reate Middle School Years Program at Carver Middle School, and requesting the School Board of Palm Beach County to approve the program for fiscal year 1997. E. RESOLUTION NO. 17-96: Adopt a resolution requesting the 1996 Florida Legislature to provide adequate funding for the preservation and repair of the State's beaches, to recognize the need for funding non-federal projects, and to identify a long-term dedicated funding source. F. RESOLUTION NO. 18-96: Adopt a resolution assessing costs for abatement action required to remove nuisances on 28 properties throughout the City. G. CONTRACT AMENDMENT #i/FLORIDA ENERGY EFFICIENT WATER PROJECT: Approve Amendment ~1 to the contract with Tri-County Community Council, Inc. in conjunction with the Florida Energy Efficient Water Project (FEEWP) for cleaning of sewer transmission mains. Total amount of the contract amendment is $166,510 (City's 50% share $83,255), plus $16,257 unqualified cost via State contract for Professional Piping Services, Inc. to perform the work. Total City cost $99,512 which is available from #442- 5178-536-34.90 (energy savings calculated at $19,500 annually for payback within ten year program period). H. AMENDMENT TO TED CENTER'S CDBG FUNDING AGREEMENT: Approve an amendment to the funding agreement with The Center for Technology, Enterprise and Development, Inc. (TED Center) to change the address from 132 West Atlantic Avenue to 22 S.E. 1st Avenue. I. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Site Plan Review and Appearance Board and the Historic Preservation Board during the period February 5 through February 16, 1996. J. SALARY ADJUSTMENT FOR ASSISTANT CITY ATTORNEY: Approve a mid-year salary adjustment for an Assistant City Attorney as recommended by the City Attorney. Regular Commission Meeting February 20, 1996 K. AWARD OF BIDS AND CONTRACTS: 1. Bid award via Palm Beach County School Board Contract to Corporate Express for office supplies, at an estimated annual cost of $35,000 from various departments' operating expense accounts. 2. Bid award to Gateway 2000 for the purchase of six P5-100 Mhz Pentium Processor Computers, replacements for the Police Department Support Division, via GSA Contract at a total cost of $13,242 from 334-6112-519-64.11. 3. Purchase award to Van Hooser Associates, Inc. for leader- ship training classes for Police Department personnel, in the amount of $12,500 from the Federal Forfeiture Fund 115-2112-521-49.90. 4. Bid award to Maroone Chevrolet, Ed Morse Chevrolet, Regency Dodge, John Deere Company, and Boca Honda, for replacement vehicles, in the total amount of $115,675 from various department line items. 9. Regular Agenda: A. FRIENDS OF SANDOWAY HOUSE/SUBLEASE AGREEMENT AND OPERATING SUPPORT REQUESTS: Consider a request from The Friends of Sandoway House Nature Center, Inc. for City support concerning operating costs, together with the proposed sublease agreement. B. SPECIAL EVENT REQUEST/ART AND JAZZ ON THE AVENUE: Consider a request to close Atlantic Avenue from Swinton Avenue to N.Eo 6th Avenue and grant a temporary use permit for Art and Jazz on the Avenue on March 7, 1996. Also consider the necessary staff support as well as incurring the extra costs for overtime and barricade rental. C. RESOLUTION NO. 13-96/CONTRACT FOR SALE AND PURCHASE OF PATEL PROPERTY: Consider a resolution authorizing the City to purchase certain property located at 2228 Seacrest Boulevard, and accepting the Agreement for Purchase and Sale of same. D. PINEAPPLE GROVE MAINSTREET AGREEMENT (INTERLOCAL AGREEMENT WITH THE COMMUNITY REDEVELOPMENT AGENCY): Consider an interlocal agreement between the City and the Community Redevelopment Agency setting forth the repayment obligations of the CRA with respect to the Pineapple Grove Mainstreet Program loan. E. OFF-DUTY DETAIL RATE OF PAY INCREASE: Consider a request to increase the off-duty rate of pay for Delray Beach Police officers. F. APPOINTMENT TO THE BOARD OF ADJUSTMENT: Appoint an alternate member to the Board of Adjustment to fill an unexpired term ending August 31, 1997. Commissioner Randolph's appointment. -4- Regular Commission Meeting February 20, 1996 G. APPOINTMENTS TO THE EDUCATION .,BOARD: Appoint two members to the Education Board to fill an unexpired term ending July 31, 1996, and an unexpired term ending July 31, 1997. The appointments will be made by Commissioner Smith and Commissioner Alperin. 10. Public Hearings: A. ORDINANCE NO. 9-96: An ordinance rezoning a 0.91 acre parcel of land from RM (Medium Density Residential) to CBD-RC (Central Business District-Railroad Corridor). The subject property is located at the southeast corner of S.E. 1st Avenue and unimproved S.E. 6th Street, west of the F.E.C. Railway. QUASI-JUDICIAL HEARING B. ORDINANCE NO. 12-96: An ordinance amending Chapter 35, "Employee Policies and Benefits", "Retirement Plan", of the City Code by amending subsection {D), "Employee", of Section 35.089, "Definitions" 11. Comments and Inquiries on Non-Agenda Items from the Public- Immediately following Public Hearings. A. City Manager's response to prior public comments and inquiries. B. From the Public. 12. First Readings: A. ORDINANCE NO. 8-96: An ordinance modifying the Community Redevelopment Plan to accommodate changes to Project #2.4, "Downtown Mixed Use Redevelopment Project", and to establish the "Grant Administration Program". If passed, public hearing on March 5, 1996. 13. Comments and Inquiries on Non-Agenda Items. A. City Manager B. City Attorney C. City Commission WHEREAS, the City of Delray Beach is located in the southeast portion of the State of Florida and has a mile and one-half of public beach which was recognized in the Travel Holiday magazine as being one of the 36 best beaches in the United States and the best beach for swimming in the Southeast; and WHEREAS, Delray Beach has an Ocean Rescue Patrol consisting of 14 full-time and 15 part-time Lifeguards who are trained according to the United States Lifeguard Association (USLA) guidelines and Manual of Open Water Lifesaving; and WHEREAS, all Delray Beach lifeguards are required to be tested each year to qualify, including Emergency Medical Technician {EMT) certifications and Cardiopulmonary Resuscitation (CPR) certifications; and WHEREAS, at the Florida Beach Patrol Chiefs Association's annual banquet, held recently at the Highland Beach Holiday Inn, the City of Delray Beach was the recipient of the "1995 BEACH PATROL OF THE YEAR AWARD" which is based upon training; education; certification; skills and physical performance; public safety education; participation in special events and overall beach operations. NOW, THEREFORE, I, THOMAS E. LYNCH, Mayor of the City of Delray Beach, Florida, on behalf of the City Commission, do hereby commend the Ocean Rescue Patrol for their dedicated and outstanding service to over 919,600 citizens and tourists who were in attendance at our public beach during 1995. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Official Seal of the City of Delray Beach, Florida, to be affixed this 20th day of February, 1996. MAYOR ~O~ E. LYNCH SEAL RECh_IVE. D F£§ 16 F)96 CITY ML~* ....... Delta Beach Ocean Rescue 2 South Ocean Blvd. · Delray Beach, Flodda 33444 . (407)243-7352 . FAX(407)243-7270 To: City Manager - David Harden Thru: Parks and Recreation Directo,,I e Weldon _1 From: Beach Supervisor- Richard Connell Subject: 1995 Beach Patrol of the Year Date: February 8, 1996 I am pleased to inform you that on the evening of February 3rd, 1996 at the Flodda Beach Patrol Chiefs Association Award Dinner, the Delray Beach Ocean Rescue Division received the "1995 Beach Patrol of the Year Award'. The purpose of this award is to acknowledge the leading Ocean Lifesaving Agency in the state of Florida. My staff and I have worked hard the past few years in improving our training and certification standards. Additionally, the acquisition of the Automatic External Defibrillator Units for Cardiac Emergencies and the Advanced Open Water Lifesaving Agency Certification from the United States Lifesaving Association were important factors in receiving this award. Parks and Recreation Director Joe Weldon challenged me with to give him the "best beach patrol in the state" upon my promotion to the position of Beach Supervisor in 1987. We started from the ground up and have created a ocean lifesaving operation deserving of this award. I am proud of my staff and happy to have achieved the goal set for us by Mr. Weldon. Please note the attached criteria for this award for your review. I hope that in the near future the city will be able to compensate the Ocean Rescue staff more appropriately for the work they are performing in setting the standards for Ocean Lifeguards in this state. In conclusion, thank you for your support of and contribution to our accomplishments. Richard Connell Beach Supervisor cc: Assistant Director of Parks and Recreation - Joe Dragon I g95 Be oh Patrol of the Year Applioation Delray Beach Ocean Rescue Division is a division of the City of Delray Beach Parks and Recreation Department. There are 14 full time and 16 part time employees: Title Position(s) Requirements Beach Supervisor t College Degree, EMT 1, American Red Cross; Lifeguard Training Instructor, CPR Professional Rescuer, Emergency Response Instructor, Rescue Boat Operator or SCUBA Training Lieutenants 4 EMT 1, American Red Cross; Lifeguard Training Instructor, CPR Professional Rescuer, Emergency Response Instructor, Rescue Boat Operator or SCUBA Training Lifeguards 9 American Red Cross; Lifeguard Training CPR Professional Rescuer EMT 1 (within I year of hire) Pt Time Lifeguards 15 American Red Cross; Lifeguard Training CPR Professional Rescuer EMT 1 Office Assistant II I (Typing > 40 WPM) Lifeguard Employment Performance Test: · Rescue of 2 swimmers at 50 yds. offshore (simulated multiple victim drowning) meter swim in t0 minutes or less (USLA minimum standard) · mile timed run in 8 minutes or less · CPR on adult training manikin (single rescuer) · Written examination of 50 questions pertaining to Basic Life Support and Ocean Lifesaving Topics. · Physical Exam and Drug Screening · lO m/nutes rest between the 1st three pa/ts of the phj/s/ca/performance test Training follows the USLA guidelines and Manual of Open Water Lifesaving including: · Orientation Training · Lifesaving Techniques · CPR Certification · EMT Recertificafion · Basic Life Support · Physical Strength All Staff must complete assigned training on a monthly basis to be elgible for employment. Individual perfomance is monitored by the Lieutenant(s) assigned to training. EMT recerfification is completed through the Delray Beach Fire Department and Semi Automatic External Defibrillator Training conducted by Dr. Randy Wolff. Physical Training monthly minimum and part time requirements: Full Time · 2 miles swimming · 10 miles running · 4 miles paddling PartTime · 112 mile swimming · 3 miles running · t mile paddling (part t/me//feguards are required to work a m/n/mum of 40 hours per month) 1995 Beaoh Patrol of the Year Applioation - Page Annual requalifcafion for lifeguards is completed in November. This test is identical to the entry level performance test adding a CPR practical and written exam for the Professional Rescuer. Driver's Licenses are checked every quarter per city policy. Delray Municipal Beach and Atlantic Dunes Park are two ocean facilities actively guarded on a year round basis. The municipal beach is 1 mile in length and has seven enclosed lifeguard towers. There is an eighth lifeguard tower at Atlantic Dunes Park which is separated from the municipal beach by one mile. Lifeguards utilize; two Honda 4 wheel drive ATVs, two rescue dories, one inflatable rescue boat, two AED units and the Supervisor has a Dodge Ramcharger vehicle for 24 "on call" response. Alternate lifeguard towers are issued a BZ soft foam 10' rescue board. Each lifeguard tower has a oxygen therapyllst Aid bag with suction unit, isolation kit and all equipment per OSHA Rules to protect employees from blood borne and airborne pathogens. Two Semi Automatic External Defibrillators are in service for cardiac emergencies one located on the main beach and the other at Atlantic Dunes Park. An infectious disease protocol is in place if there is an exposure or contact with a patient suspected to have an infectious disease. Delray Ocean Rescue has a memorandum of understanding in conJunction with the Fire Department (EMS Provider) and is under the direction of Dr. Randall Wolff, Medical Director for the Beach Division. Dr. Wolff has provided the lifeguard staff with additional training and written Basic Life Support Protocols to be followed by the EMT Ocean Lifeguard Staff. Office Assistant II Alberta Gaum assists the Beach Supervisor in the administrative responsibilities of the Beach Division. The Beach Office has a Dell 4331L computer utilized for; payroll, statistics database, budget preparation and management and will soon be adding a second computer to the beach office. The annual budget of the division was $786,330 for the 1994-1995 Fiscal Year. Delray Beach Ocean Rescue Beach Supervisor Richard Connell is the current President of both the Florida Beach Patrol Chiefs Association and the Southeast Lifesaving Association. Delray Beach hosted the 2nd Annual Awards Banquet of the Florida Beach Patrol Chiefs Association March 1995. Parks and Recreation Director Joe Weldon has supported and encouraged participation in the FBPCA and SELA/USLA as an Associate Member and providing for travel to the USLA National Meeting. The Delray Ocean Rescue Lifeguard Competition Team performed admirably in 1995. Local competition overall team results: Delray 2nd place, Palm Beach County 3rd place, Boca Raton 3rd place, Hollywood 3rd place, Pompano 3rd place, Dade 2nd place, USLA Regionals (Deerfield Bch.) 2nd place. USLA National at Santa Cruz placed 10th overall and Delray lifeguard Scott Mundell placed 1st in Surf Swim heats finishing 3rd in the finals. This is the 3rd year that a Delray Lifeguard served as Captain of Team Florida participating in the International Ocean Lifeguard Challenge in Hawaii, earning 6th place overall. Team Florida placed 3rd in the Outrigger Canoe Race surprising the other teams from the Pacific Region. Delray Beach lifeguard Scott Mundell placed 6th in the world in the 500 meter swim. Houston Park placed 13th out of 50 in the 2.5 mile surf ski race. 1 gg5 Beaoh Patrol of the Year Applloation . Page Delray Ocean Rescue has continued public education activities in 1995, the Community Ocean Awareness Safety Class and a quarterly Beach Walker's Club newsletter. The Community Ocean Safety Class is conducted on the 2nd Wednesday of each month at the Community Center. It consists of a video presentation, written materials and lecture. Attendance ranges from 5 years old to 80 years young. The Beach Walker's Club has 84 members and promotes the use of the municipal beach area for exercise and physical well being of many of our senior citizens. Collectively club members walked a total distance of 4,865 miles during 1995. The Beach Walker's Newsletter offers many interesting topics including interviews with club members and profiles of the lifeguard staff. Other features include healthy meal recipes and ocean safety tips. Club members receive awards for walking miles at the Delray Beach Annual Ocean Lifeguard Award Breakfast each December. Lifeguard Lieutenant Ken Thompson received the Annual Ocean Lifeguard Award again in 1994 and1995.. Some significant events hosted by Delray Ocean Rescue; The 9th Annual Delray Ocean Rescue Lifeguard Competition in April, the July 4th Beach Fireworks attended by 20,000 plus visitors rescheduled on September 4th '95 supervised by the lifeguard staff, the 1st Annual Ocean Rescue Swim Challenge on December 24, 1994 and the 1st Annual Surf Ski Race in February 1995. The compeififlon events are fund-raisers sponsored by local businessmen to support the competition team. These events had over 100 participants and raised almost $1,500.00 for travel expenses to the 1995 USLA Nationals. The 2nd Annual Swim Challenge will be held again on December 23, 1995. Safety measures provide for lifeguards: · Enclosed elevated Lifeguard Towers · Sunscreen SPF45 Frogskin UVBIUVA block long sleeve shirts and flap hats · Isolation Kits containing impervious gown, face mask, eye goggles, latex gloves Disposable Bag Valve Masks and CPR microshields Anti viral hand rinse and anti bacterial soap · Medical supervision from medical director Infectious Disease Exposure Plan · BZ soft foam rescue boards Delray Ocean Rescue maintains a "Surf Chair" for the physically challenged and it has been used favorably by over 58 handicapped individuals to date. Delray Beach Ocean Rescue served 919,6~.~. persons in 1995 providing medical assistance for 24 persons activating the EMS system in 28 of these medical emergencies. 82 ocean rescues were performed which involved 1 boating accident, 81 rip-current related rescues and 10 allergic reactions to man-o-war stings. Lifeguards assisted 36,033 persons and enforced municipal codes on 11,833 occurrences, performed CPR and/or Oxygen Therapy on 16 occasions and provided minor 1st Aid assistance 56 times, returned 32 lost and found items, reunited 18 missing persons with their concerned families and friends. Lifeguard Staff performed 200 hours of in-house equipment maintenance, swam 919 miles, ran 6,620 miles, paddles 1370 miles, rowed 556 miles, and surf skied a total of 297 miles, during physical training. The lifeguard competition team participated in 201 events averaging 4th place overall in 9 events locally, regionally and nationally. Delray Beach Ocean Rescue received Advanced Agency Open Water Certification from the United States Lifesaving Association at the National Meeting in Myrtle Beach, South Carolina during November 1995. RESOLUTION NO. 15-96 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, RECOGNIZING AND COMMENDING ARTHUR GARLAND FOR FORTY YEARS OF DEDICATED SERVICE TO THE CITY OF DELRAY BEACH, FLORIDA. WHEREAS, Arthur Garland was hired by the City of Delray Beach, Florida, on February 22, 1956; and WHEREAS, Arthur Garland reached a milestone in his career on February 22, 1996; and WHEREAS, this milestone was achieving forty (40) years of full-time public service with the City of Delray Beach, Florida; and WHEREAS, Arthur Garland has been a faithful and dedicated employee in Public Works and the Community Improvement Department (Code Enforcement) for these past forty years; and WHEREAS, he has consistently performed any and all duties required of him in an exceptionally mature and professional manner, exhibiting competence and loyalty; and WHEREAS, the services and knowledge provided by this dedicated employee are sincerely appreciated. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the City Commission of the City of Delray Beach, Florida, hereby congratulates and expresses its sincere thanks and appreciation to Arthur Garland for forty years of dedicated and faithful public service, and further wishes him the best of health and happiness as he continues his career with the City of Delray Beach. PASSED AND ADOPTED in regular session on this the 20th day of February, 1996. M A Y 0 R THOMAS E. LYNCH ATTEST: City Clerk February 16, 1996 TO THE BOARD OF D/RECTORS OF DEI,RAY BEACH' CHAMBER OF COMMERCE: RAIL FLORIDA, one of the fivo proposals submitted to the Florida Department of Transportion to develop a high speed inter-eily rail transportation system in Florida is doing a presentation at the Delray Beach City Commision meeting on Tuesday, February 20, 1996. RAIL FLORIDA is a consortium led by Raytheon Infrastructure Service Corl~oration, in concert with Keith and Selmars, P.A.., ABB Traction, Inc., and Amtrak. Presenters will be Mr. Scott Austin, Attorney for RAIL FLORIDA, Mr. Ron Berndt, Florida Amtrak State Director and Mr. Derails Beal, The ,gtralegic Alliances Croup of Washtington, D.C. The presentation will be 20 minules with Q&A. Please pla~ to attend, TO: DELRAY BEACH BOARD OF DIRECTORS Cheryl Barnard Bonnie Brow Sacasha Brown Rogert Coover Randee Golfler David Harden David L, Henninger Jerry Janaro Roger Kirk Albert~ McCarthy Frank McKinney Bob Miller Stormet C. Norem Buddy Owens Mike Plum Loren Sheffer Dick Sheremeta Susie Simms Jim Stahl Jamie Titcomb Blanche A. Williams Sharon Weekes William Wood Rail Florida Anne Gannon 407-687-2966 6500 N. Andrews Avenue, Suite 200 Tom Downs, VP AMTRAK Ft. Lauderdale, FL 33309 Ron Berndt, FLA AMTRAK 305-772-2524 Dennis Beal, Strateqic- 305-772-5541 FAX Alliances Group, D.C. American Maglev Technology, Inc. Susan Hamler, Assistant Florida Maglev Consortium Britt Bochiardy, Gen Mgr- P.O. Box 10, Edgewater FL 32132 will attend 2620 Cow Creek Road, Edgewater 32141 904-427-6643 FAX 904-427-2067 Florida Overland Express (FOX) Gene Skoroposki 5950 Hazeltine National Drive Herb Burnham will attend Citadel #3 Building, Suite 255 Orlando, FL 32822 407-855-3421 FAX 407-855-5634 THE FOLLOWING TWO FIRMS WERE DISCOUNTED BY THE GOVERNOR'S ADVISORY COMMITTE Florida MagPlane, Inc. Donald Kaplan 1661 Williamsburg Square Lakeland, FL 33803 941-644-2338 Italferr-sis. t.a.v, s.p.a. Dr. Martin Stine 52 Cranberry Lane Needham, MA 02192 617-444-0213 FAX 617-455-9019 Wants written invitation faxed to him, which he in turn will FAX to Italy for approval. He will come if they OK. Will let us know by Friday. They are working with FEC to put Delray on route We have received a request from Rail Florida to make a presenta- tion before the DBCC concerning the HSR transportation system. As a courtesy, we are extending an invitation to the other interested parties to do likewise. The CC meeting will be held on Tuesday, 2/20 at 6:00 p.m. in the Chambers at City Hall, 100 NW 1st Avenue. Presentations will be limited to no more than ten minutes. If interested, please let us know by Friday. Sharon: We've received a request from Anne Gannon (407/687-2966) to have a company by the name of Rail Florida make a presentation at the 2/20 meeting regarding the High Speed Rail (HSR) transportation system. I referred the request to Mr. Harden. He advises that Rail Florida is one of five companies which made application for the HSR. He doesn't have a problem with Rail Florida making a presentation, but feels we should extend the same opportunity to the other companies if they are interested or in¢lingd to do so. Attached is information from Planning about the five firms. The four besides Rail Florida should be contacted to see if they, too, would like to make a presentation on February 20tho They should be put on notice that presentations will be limited to nQ more thaD 10 ~inut~s. Rail Florida gave no particular reason for why they want to make the presentation. We are simply extending the same opportunity to the other applicants as a courtesy. Let me know as soon as we know which of the firms, if any other than Rail Florida, are interested. We also need to get back to Anne Gannon at the phone # above confirming for the 20th and to let her know if any of the other firms will also be presenting. ~1o~¥,! ~,.c Ct~unty Commissioners Court .ty Administrator Ma~y McCarty, Chair Robert Weisman ,Ken _~ ,. Foster, Vice Chairman Karer, '[. Marcus Carol A. Roberts Department Planning, Zoning & Building Wa.,'ren H. Newell Bur~ Aaronson M*u,k~ Ford Lee January 2, 1996 · Mr. Joseph Yesbeck, P. E., Director of Planning & Progrmns FDOT - Districx IV 340{) West Commercial Boulevard Ft. Lauderdaie, FL 33309-3421 RE. Review of the five applications for High Speed Rail Dear ~¢L~. Yesbeck: Enclosed ~.s '~.he review of the five hig~ Speed Rail (HSR) applications. Please use thi~ anaiysis as of you r assessment of each applicant flur/ng thc FebruaD', 1 ¢96 selection process. SI~'IJAT!ON The Florida Department of Transportation (FDOT), as required by the High Speed Rail Act, has reque~ed that local jurisdictions review five applica~tions for the HSR transportation system tiaat would ultirnatel,~ cotmec, t Tampa, Orlando,'West Palm Beach, Ft. Lauderdale and Miazra. Five applications were received by FDOT on October 31, 1995, and the State held workshops at selected locations around the state to give the applicants an opportunity to present their proposals and to allow local jurisdictions to pose questions. (The Workshop for the Palm Beach County/Treasure Coast region was held on November !5, 1995 in Palm Beach Gardens.) All reviews must be submitted to FDOT by January 2, 1996. Submitted comments will assist in the selection process by FDOT in Februao', i996. When the selection is made, the chosen applicant v,411 u.nd~rgo certification which will give local jurisdictions another opportunit3' to review more detailed plans. This report: I. Summarizes all five applications 2. Reviews pertinent objectives or policies from the Palm Beach County Comprehensive Plan 3. Determines which attributes from the five applications further the goals of the Comprehensive Plan 4. Rank-orders the five applications based on th~ objectives of the Comprehensive Plan. "An Equal Opportunity - Affirmative Action Employer" , ~'pr,r~t~or~roc!~qo~p.~oor 100 Australian Avenue West Palm Beach, Florida 33406 (407) 233-5300 BACKGROUND Interdepartmental Review In its management role with the. Comprehensive Plan (which articulates the overall policy objectives of all County agencies), the Planning Division was able to-serve as a centralized coordinator during the high speed rail review. Pertinent County departments and agencies as well as key municipalities within PalmBeach County were contacted and invited to a meeting with the purpose of identifying key issues and d~ermining if one .particular proposal offered clear 'advaatages for al! of Palm Beach County. On December 11, 1995, representatives from the following agencies met to discuss HSR: 1. The Plam~ng Division of Palm Beach County (PZ&B) 2. Palm Beach County Palm Tran (bus service) 3. The Palm Beach County Traffic Engineering Department 4. The Palm Beach County Metropolitan Planning Organization (MPO) 5. The Palm Beach County Department of Environmental Resource Management (E~) 6. The Treasure Coast Regional Planning Council 7. The City of West Palm Beach 8. The Tow~a of Jupiter 9. The City of Delray Beach The x-esult of the meeting was that review agency representatives were able to agree that twe specific applicants offered the best proposals based on the needs of Palm Beach County and the Treasure Coast. The findings are reflected in this letter. Review Criteria Tae review made by the Palm Beach County Planning Division focuses on three broad topics which are stated below. 1. Growth management and environment Is the plan compatible with local and regional plans? Have environmemal impact.s~d mitigation measures been adeqaately addressed? 2. Local issues Do route alignments--reflect an understanding of environmental and land use considerations? Are station locations convenient and accessible? Does the service detract or enhance the visual environment? How does the applicant address: noise impacts, elevated or at-grade tracks, the speed at urban crossings, and the affect on neighboring residential areas? 3. Plan viability Does it bolster or hurt the existing Tri-Rail service? Synopsis of the five HSR applications The foliov.4ng brief synopsis provides an overview of the five applications._ 1. Flofid,~ Overland Express (FOX) Proposed route: The service will run from the Miami Airport to Palm Beach Count5' along a ~vestern route that follows the eastern boundary of the Loxahatchee National Wildlife Refuge. The FOX system would connect to Tri-Rail in MJan~i and West Palm Beach via shuttles. It will then travel north to. Orlando and then to Tampa. Later phases include an extension toward eastern Broward County to Ft. Lauderdale, downtown Orlando and St. Petersburg. Finally, routes to Jacksonville and other parts of Florida are contemplated. Stations:- Total system: seven stations (Tampa, Lakeland, Kissimmee area attractions, Orlando Airport, suburban West Palm Beach region, West Broward County'Saw Grass Mills area bordering Water Conservation .&rea No. 2 (western lmfit of suburban development): and Miami International Airport. For Palm Beach County: two sites are considered for one station - 1) in the vicinity of Belvedere Rd. and the Turnpike; and 2) in the vicinity of Blue Heron and 1-95. · · Technology: The system will be run by electric power on a continuous welded rail. The traction electrification system proposed ['or the FOX is a 25-kV, 60-AC overhead catenary system. · Noise Impacts: Low to medium. · Examples of technology used elsewhere: Europe. Speeds: Average speed is 300 mph. · Proposed operational date: The Miami ~c[ Orlando segment would begin in 2004; full operation would start in 2006. · Headways: FOX would depart every 30 minutes, during peak periods. Express service would be provided by skipping stops. · Trip duration: Miami to Orlando in 90~minutes, and Orlando to Tampa in less than 60 minutes. · Number of passengers per train: Entire trainset first class-133 (28-37 per car); entire trainset coach class-162 (16-56 per car); entire trainset seating capacity-295. _ · _. · Typical cost of tickets: Coach and first class Seating are expected to r_ange from $54 to $108. · Expected number of passengers served: By 2010, it is estimated that 6.4 million passengers will'have used this system generating $384 million dollars in passenger revenue. · Track system: A double-track rail line dedicated solely to the FOX system. · Revenues and financial structure: FOX is estimated to be a $4.8 billion project that would have a 40-year fi'anchise agreement. FDOT will contribute either $95 million per year untiI 2035, or $70 million per year until 2035, and a new special district would'offer bonds to private investors. · Sensitive environmental areas affected in South Florida: Significant issue. Rail line runs along sensitive conservations areas. · Does it bolster or hurt the existing Tri-Rail service? Three stations are proposed for South Florida. The system would not directly compete with Tri~.Rail. ' 2. Florida Maglev Consortium, Inc. · Proposed route: This applicant proposes using the existing Tri-Rail, 1-95, · the Bec Line Highway, 1-75, and 1-275. corridors. It would connect: Miami, Ft. Lauderdale, West Palm Beach, Port St. Lucie, Port Canaveral, Orlando, Disney, Lakeland, Tampa, and St. Petersburg. Branch lines would provide additional connections between cities, and to ports, airports, and downto ~'ns. Stations: Total .. ~' · ~ s~, ~em. ten primary stations and fi~ur secondary, offshoot stations. For south Florida: Port St. Lucie, West Palm Beach, Ft. Laudemale I.Port Everglades), Mimni International Airport. Technology: Magnetic levitation would be used, which employs large permanent magnets. · Noise Impacts: Low. · Examples of technology used elsewhere: Experimental prototypes exist only in both Japan and Germany. Spet~ls: Maximum - 300 mph for express service and 150 mph for local service. · Proposed operational date: 2005. Syst. o~n/would be built in segments over, time The first link would be built in the Orlando area and be ready by 1999. · Headways: 15 minutes. · Trip duration: Between from Miami to Orlando - 60 minutes. · Typical cost of tickets: Miami to Orlando - $50; Orlando to Tampa - $26. · Number of passengers per train: 80. · Expected number of passengers served: 30 million passengers by 2010. · Track system: Two elevated parallel tracks, an average of 33 feet above 4 __ _ grade, ranging from 15 to 80 feet, one track in each direction. · Revenues and financial structure: The franchise would last 50 years. Expected to run at a profit by 2000. The state would support the system with a subsidy of $70 million per year until at least 2005. Stations would be built and funded by the local governments. · Sensitive environmental areas affected in South Florida: None. Track would run in urban areas. · Does it bolster or hurt the existing Tri,Rail service? Three stations are proposed for South Florida. The system would not directly compete with Tri-Rail. 3. F~orida MagPlane,/nc. · Proposed route: Along existing interstate corridors. · Stations: 35 stations (magports) are would be built between Homestead and St. Petersburg. Ten would be located in south Florida. They would be small and situated in airports, city centers, major shopping malls, office and industrial parks, ports, and other nodal locations. Non-stop and on, stop service would be available. For south Florida: South Dade, Dade Gov. Center, Bal Harbour, Ft. Lauderdale, Boca Raton, Delray Beach, West Palm Beach, Jupiter, Stuart, Ft. Pierce, and Vero Beach. · Technology: The vehicles (called magplanes) carry no motor or fuel. ..They are designed to fly 6 inches above an aluminum trough propelled by a traveling magnetic wave. · Noise Impacts: Low. · Examples oftechnology used elsewhere: None. A 3 mile demonstration facility is proposed for central Florida between 1996-1999. Speeds: Average cruising speed - 224 mph; maximum - 300 mph. · Proposed operational date: 2000, first phase. · Headways: Each magplane car would leave every 10 minutes · Trip duration: Between fi.om Miami to Orlando - approxi~nately 1 hour. · Number of passengers per train: Each magplane would carry 140 paSsengers. The system would have a capacity to hold 25,300 passengers per hour, each way. The proposal would include priority freight with overnight and consumer merchandise servi.c~, ~,vhich would run during low demand ridership hours. · Expected number of passengers served: 800,000 riders per year per station (total of 35 stations); Total estimated passengers per year: 14-30 million. . ~- · Track system: The tracks or magways, would be elevated, half inch aluminum troughs, supported by a light weight aluminum frame. · Revenues and financial structure: The average cost ofa.trip would be 23 cents per passenger mile. Public offering of its stock and issuance of tax-exempt bonds for construction would finance the project. Florida 5 MagPlane predicts that 'the sys.tem would be profitable by the end of the first year of revenue operation and would not need the $70 million per year subsidy offering from FDOT. The. franchise would last for 35 year s. Sensitive environmental areas affected in South Florida: None. Track would run in urban areas. · Does it bolster or hurt'the existing Tri-Rail service? At least 8 stations. would be located in. South Florida. The system would directly compete with Tri-Rail. 4. Italferr-sis. t.a.v.s.p.a. · Proposed route': To be determined at a later date. It is assumed that it would connect Miami, Orlando, and Tampa. · Stations: To be determined at a later date. - Technology: The applicant proposes to incrementally upgrade existing rail lines. The service is to initially use electric power. · Noise Impacts: Unknown. Examples of technology used elsewhere: Italy: Italian State Railways. Speeds: Average speed is 120 mph. Proposed operational date: To be determined at a later date. Headways: To be determined at a later date. .-Trip duration: Miami to Orlando: 150 minutes. 'Number of passengers per train: To be determined at a later date. · Typical cost of tickets: This company proposes to conduct an in-depth survey for each segment of the rail system to determine market, ridership and the correct technology, for each. · Expected number of passengers served: To be determined at a later date. · Track system: Similar system to the Italian State Railways. · Revenues and financial structure: A study would be used to calculate how nmch more people will pay to go faster than 55 or 65 mph for each segment of each link. This fare structure would become the basis for the operating budget. Sensitive environmental areas affected i~ ~outh Florida: Since route is not determined, effects cannot be determined. · Does it bolster or hurt the existing Tri-Rail service? Since route and station locations are not determined, effects cannot be determined. 5. Rail Florida · Proposed route: The applicant proposes the incremental upgrading of existing rail corridors. Rail Florida would create an intermodal network system coordinating regional rail and public transit services, automobile access to stations, and connectiOns to selected airports and port facilities. 6 Stations: The trains will run between Tampa, Orlando, and Miami, and may expand A stop in West Palm Beach is planned in Phase 1, and a stop in Boca Raton is planned in Phase 2. Other South Florida Stations: Ft. · Lauderdale and Miami MetroRail with bus service to Miami International A~rport. Technology: Phase one would be diesel. Later phases would be electric. This system would utilize existing X2000 High Speed Tilting .Trains (Swedish design) as well as Flexliner diesel multiple unit trainsets (Danish design). Existing Amtrak maintenance facilities, stations, reservation system and skilled work force are to be used. Phase 4 would utilize electrified X2000 trains achieving 150 mph in 2021.' · Noise Impacts: Moderate to high. · Examples of technology used elsewhere: Sweden. · Speeds: Within one year after the award of the franchise, the trains would operate at 79 mph between Tampa, Lakeland, Orlando and Sanford. Phase 2 would include the use of X2000 trains at 79-125 mph between Tampa-Orlando and Miami in 2004. Phase 3 enhanced high speed service would use the 1-4 fight-of-way between Tampa and Orlando. · Proposed operational date: The system could be operational in one.year. Phase 4 would be completed in 2021. · Headways: Undermined. · Trip duration: Miami to Orlando: 3.5 hours in phase I; 2.75 hours in phase II; 225 hour in phase III; 1.9 hours in phase IV. · Typical cost of tickets: From Miami to Orlando, business and non-business class seating would range from $50-$85 and $35- $70 respectively. · Expected number ofpassenger~ served: According to this proposal, 12 million riders per year would be needed to support premium service, while 2.5 million riders will support a less costly service. · Track system: Existing rail lines. Revenues and financial structure: In this public/private partnership, state authority will be obtained to lease the latest generation of Flexliner units for startup until U.S. equipment is built. A predetermined number of years for the franchise has not been propos, ad~ because it would not allow sufficient flexibility for changes required as the' project evolves. This $4.3 billion proje~ proposes a 50-year franchise agreement. For the proposed plan to be a success, it would require the State's full financial support (FDOT $70 million/year) as well as from the local governments, and the expertise and resources of the private sector. Rail Florida proposes a new district within FDOT to oversee the project design and management. The State, Tri-Rail, and/or local governments,, and corridor property owners would own portions of the infrastructure. The State would eventually own the trains. Rail Florida may retain ownership of associated developments _. or joint developments which occur as a result or, in support, of the system. Sensitive environmental areas affected in South Florida: None. Track would run in urban areas. Does it bolster or hurt the existing Tri-Rail service? Four stations are proposed for South Florida. The system would not directly compete with Tri-Rail. ANALYSIS . Directives from the Comprehensive Plan that apply to HSR , Five dkectives within the Palm Beach Co~mty 1989 Comprehensive Plan relate to HSR. They read as follows: · Mass Transit Element Policy'5-c: The Count3' shall develop a program of incentives to increase ridership on Tri-Rail. · Mass Transit Element Policy 5-c: The County shall coordinate land use and · . transportation services planning with the Florida High Speed Rail franchisee to insure consistency of this transportation mode with the elements of the County's Comprehensive Plan and to insure an HRS stop in the Central County. -.La.nd Use Element - overall County Direction: 5. Growth management: Prevent t:drther urban sprawl. · Land Use Element - overall County Direction: 9. Environmental integrity: Protect the environment by limiting the impact of growth; direct incompatible growth away from sensitive areas; and encourage env~ironmentally sound land use pla~ming. · Land Use Element - overall Coonty Direction: 10. Urban Design: Promote the concept of urban design to direct urban development, including ...new construction. Urban design is.used to guide...physical development of the build environment and · make such development functional, orderly efficient, visually pleasing, ...and supportive of generally accepted community goals. In ,reviewh~g the five applications fbr I-ISR, fbur prop~,sals either do not further the goals of the Comprehensive Plan or cannot be adequately measured to assess their compatibility. First,, FOX's alignment on the extreme western edge of.the urbanized areas for both Broward and Palm Beach Counties could promote additional sprawl development around station locations. The applicant states that this is the only feasible alignment since their particular technology cannot be easily placed into established urban areas or onto existi.ng track lines. Further, the two identified locations for a possible station do not promote the development or redevelopment of eastern urban areas To fit with the County's existing MPO mass 'transit plans, the HSR station should be integrated into the planned intermodal transit transfer station which will ~be built adjacent to the Seaboard Railway' Station in downtown West Palm Beach. This has federal backing and.promotes coordination with and connection to all. other forms of mobility. Further, Fox's proposed route alignment requires widening ofthe low that borders the Loxahatchee National Wildlife refuge. in 1994, the Loxahatchee NWqR was listed by the federal government as one of the ten most threatened national wildlife refuges in the.country. Such close proximity of a rail line to this sensitive conservation area-could adversely affect the refuge's environmental quality. A second applicant, Florida Magi)lane, proposes 8 stations within South Florida. Fewer station are needed. Thisparticular strategy would be incompatible with express, kdgh speed rail services be~.~veen Miami and Orlando. It would also compete directly with the local services offered by Tri-Rail. If the Mag. Plane proposal could be altered to reduce the number of stations, then the propo'~al would rank higher. The. applicant has addressed the aesthetic issue of elevated lines by employing new technologies that reducing the bulk, height, and size of the guideways. The third, Italferr-sis. t.a.v.s.p.a., gives inadequate information about route and station locations. Without adequate information, no evaluation can be made as to the appropriateness of this proposal roi Florida. Fourth, the Florida Maglev proposal designates local governments as the source of funding fei' the building of stations. This is incompatible with the Comprehensive Plan in that these proposed expendi .re. res are not reflected in the Capital Improvement Element. In addition, a current member of the Board.of County Commissioners has already stated (at the December, 1995 Treasure Coast Regional Planning Council meeting) that local governments do not have available t~ands ibr construction of stations. The cost of building stations should be a state responsibility. Finally, Rail Florida's proposal attempts to fi~t high speed rail teclmology onto existing rail lines that run through municipalities. Without grade separation of tracks, (as called for in phase I), safety becomes a concern. Fast trains present problems for pedestrians and automobiles that must negotiate rail crossings. Although elevated tracks may hurt an area's overall visual quality, the danger of at-grade HSR through cities is a greater negative. CONCLUSIONS ~ .In order for an applicant to receive a high ranking or endorsement fi.om the Palm Beach County Planning DMsion, the following objectives must have been met: 1. Its proposed rail line route must be located in the urban eastern cities which would provide proximity to the population served. The route should not promote additional urban spt.awl to the west. ........... 2. The application must proposed a route thatis compatible with or causes minimal impacts to surrounding land uses. 3. The number of stations must be kept to a minimum. This would avoid the situation where HSR would compete with the local commuter train service (Tri-Rail). 4. The applicant must provide for the co-location of a HSR station at, or near the planned downtown West Palm Beach multi-modal transit transfer station. This furthers the County's goal of coordinating all modes of travel. 5. If elevated rail lines are to be used, then the applicant must take advantage of new train technology that significantly reduces noise impacts. In the past, elevated trains have broadcasted noise to a wider area and have negatively impacted surrounding residential neighborhoods. 6. The applicant must adequately address the safety of pedestrians 'and drivers by sufficiently separating the HSR from surrounding areas. If elevated rail lines are to be used, then the applicant must take advantage of new train technology that minimizes the visual blight of elevated tracks .- by reducing their bulk, height, and size of the guideways. Recommendation Two applicants met the six criteria stated above: Maglev and MagPlane. If other applicants (such as FOX) could revise their applications by: 1). placing their proposed route in the eastern, urban centers; and 2) maintaining a grade-separation between train lines and automobiles, then Palm Beach County would view their proposals more favorably. Although ranked first, the Maglev proposal had two unacceptable provisions. First, local funding for the construction of stations is unrealistic. The State should assume this responsibility since local governments do not have the financial means. Second, Marcy's technology (although promising) still remains experimental in both Germany and Japan. '~ The MagPlane proposal ranked a dose second to Maglev but, also had two unacceptable provisions. First, MagPlane's application called for too many stations in South Florida. These would directly compete with the services offered by Tri-Rail. IfMagPlane could reduce the number of South Florida stations, then its application would rank equally high with the Maglev proposal. Second, MagPlane's technology also remains experimental, with a prototype to be built in the Orlando area between 1996 and 1999.- 10 As mentioned before, the Planning Division convened a. meeting _where nine County agencies or municipalities agreed to the findings reflected in this review. However, please note that this material presents a staffposition and does not, necessarily, reflect the views or position of the Board of County Commissioners. Please incorporate these comments into FDOT's assessment of all five HSR applications. Should you have additional questions about this staff.review, please contact our office at (407) 233-5301. Sincerely, Senior Planner Copy: Bob Weisma~% County Administrator Pat Miller, Deputy County Administrator Dominic Sims, Interim Executive Director Ed Radson, Florida High Speed Rail project coordinator, FDOT, Ft. Lauderdale Nancy Bungo, Florida High Speed Rail project coordinator, FDOT, Ft. Lauderdale George W'ebb, County Engineer, Palm Beach County Engineering Dept. Dan Weisberg Senior Planner, Palm Beach County Engineering Dept. Randy Whitfield, Director, MPO Richard Waleslc~,, Director, Palm Beach County ERM Barry~ Smith, Palm Beach County ERM Ir~5ng Cure, Director, Palm Beach County Palm Tran Michael Busha, Exec. Director, Treasure Coast Regional Planning Council Mark Hill, Planning Director, City of West Palm Beach Carmen Annunziato, Planning & Zoning Director, City of Boca Raton ,//Diane Dominguez, Planning Director, City of Delray Beach Tambri Heyden, Planning Director, City 0fBoynton Beach Richard Walton, Planning Director, City of Palm Beach Gardens Eric Riel, Planning & Zoning Administrator, City of Jupiter Davender Kant, Dir. of Comm. Develop. & Environ. C?dtrol, Riviera Beach Karen Craven, Planning Director, Village of Royal Palm Beach Keith Stahley, Deputy Administrator, Village of Wellington File:i:~eommon¥1anning~a vd aneechntergovXhighspra.wpd 11 TREASURE COAST REGIONAL PLANNING COUNCIL MEMORANDUM To: Council Members AGENDA ITEM 6 From: Staff Date: January 19, 1996 Council Meeting Subject: High-Speed Rail - Review of Applications The Florida High-Speed Rail Transportation Act (Sections 341.3201-341.386, Florida Statutes) promotes the establishment of a high-speed rail (HSR) transportation system connecting major urban areas in the state. To achieve this goal, the Florida Department of Transportation (FDOT) issued a Request for Proposals (RFP) in February 1995 to establish a HSR system from southeastern Florida to Orlando and Tampa. The RFP solicited plans from private companies to finance, build and operate the HSR line. In response to the RFP, FDOT received five applications for the franchise of the HSR system. In February, FDOT is planning to select one applicant to award the franchise or reject all applications. If an applicant is selected it will form a partnership with the state to establish the HSR system. After the franchise is awarded, there will be a certification process that will give local governments, agencies, and other interested parties an oppommity to review more detailed plans and make recommendations concerning certification. The HSR Transportation Act requires each agency affected by an application to review the proposal regarding matters within its jurisdiction. The FDOT has requested that Council review the five HSR applications and provide comments to them by January 2, 1996. Council's comments will be used by FDOT to assist them in their selection process. This report summarizes the five HSR applications, analyzes them in terms of addressing regional issues, discusses concerns, and identifies the most desirable proposals. - Summary of the HSR Applications The five applications are summarized in the text below. Important features of each proposal are compared in tabular form in Exhibit 1, and maps of the proposed mutes for each HSR system are shown in Exhibit 2. Florida Maglev Consortium, Inc. - This applicant proposes to use the existing TH-Rail, 1-95, Bee Line Highway, 1-75, and 1-275 corridors. The Consortium is a Florida Corporation owned by American Maglev Technology of Florida, Inc. and Coleman Research Corporation. The vehicles will nm on a dedicated elevated guideway constructed in the medians of existing interstate highways. The proposed route includes: Miami, Ft. Lauderdale, West Palm Beach, Port St. Lucie, Port Canaveral, Orlando, Disney, Lakeland, Tampa, and St. Petersburg. "Branch lines" will provide intracity, port, airport, and central business district connections. The proposed system would utilize magnetic levitation technology, which operates with large permanent magnets similar to systems currently being developed in Germany and Japan. The Florida Maglev technology is currently being tested on a full-scale test track in Edgewater, Florida. Florida Maglev plans to operate its vehicles at 300 mph and be fully operational in 2005. The system is proposed to be built in segments to accommodate maximum ridership. The Orlando area is planned to be developed fa'st and is expected to be operational by 1999. Maglev vehicles are expected to depart every 15 minutes. A trip from Miami to Orlando is proposed to take one hour at a cost of $50. The schedule is to include both 300 mph express service and multi-stop local service at 150 mph. Each vehicle is expected to carry 80 passengers. It is estimated that the system will transport 30 million passengers by the year 2010. There will be no food service since the trips are too short. The vehicles will nm on two parallel tracks, one in each direction. The elevated tracks will be 33 feet above grade on the average, varying from 15 to 80 feet. A 50-year franchise is proposed. The Florida Maglev system is expected to generate a positive before-tax cash flow in the year 2000. State support ($70 million per year from FDOT) may cease in 2005 when the entire system is operational. Stations are to be financed by the respective local governments. Florida Magplane, Inc. - This applicant proposes to use existing interstate corridors. The vehicles, referred to as magplanes, have no motor or fuel. They are proposed to fly six inches above an aluminum trough propelled by a traveling magnetic wave. The tracks, referred to as magways, are to be elevated troughs of half-inch aluminum, supported by a light weight aluminum frame. Each magplane is to carry 140 passengers and travel at a cruising speed of 224 mph (maximum 300 mph). Magplanes are planned to depart every 10 minutes. The proposed system is expected to have the capacity to carry 25,300 passengers per hour each way. The Florida Magplane technology has not yet been tested on a full-scale test track. A three-mile demonstration facility is proposed to be built in central Florida during the first three years. Thirty-five stations (magports) are proposed from Homestead to St. Petersburg, including ten in this Region. Stations are planned to be small and may be located in airports, city centers, major shopping malls, office and industrial parks, ports, etc. Non-stop and one- stop service are planned to be offered. The average cost of a trip is expected to be 23 cents per passenger mile. The proposal also indicates its market will include priority 2 freight with overnight and consumer merchandise service, which would utilize low demand ridership hours. Florida Magplane will finance the project through public offering of its stock and issuance of tax-exempt bonds for construction. It is expected that the system will be profitable by the end of the first year of revenue operation and will not need the $70 million per year subsidy offering from FDOT. The franchise is proposed for 35 years. Florida Overland Ex~ress (FOX). - This applicant proposes to build a double-track rail line dedicated solely to the FOX system. The service will nm from the Miami Airport to Orlando then Tampa initially and may be extended into Ft. Lauderdale, downtown Orlando and St. Petersburg, then Jacksonville and other parts of Florida. The FOX consortium consists of the following four companies: 1) Fluor Daniel, 2) Odebrecht Contractors of Florida, 3) Bombardier, and 4) GEC Alsthom. The system will be nm by electric power on a continuous welded rail. A new levee along the eastern boundary of the Everglades will be built to serve as part of the dedicated path for the rail system. This is a public/private partnership in which the private sector will design, finance, build and operate the HSR system that will be publicly owned. The train is designed to carry 300 passengers from Miami to Orlando in less than 90 minutes, and from Orlando to Tampa in less than 60 minutes. The average speed of the trains is to be 300 mph. By the year 2010, it is estimated that 6.4 million passengers will have utilized this system generating $384 million dollars in passenger revenue. The trains will accommodate both coach and first class seating at a cost of $54 to $108, respectively, from Miami to Orlando. The FOX train will depart every half hour during peak periods. Express service will be provided as well as skipping stops to provide maximum trip times. The FOX system will connect to Tri-Rail commuter trains in Miami and West Palm Beach. Projected employment for the FOX railway consists of 500 full-time engineering jobs over 4 years, 5,100 full-time construction jobs over 6 years, and 1,200 operation and maintenance jobs over 32 years. The trains between Miami and Orlando are to begin operation in 2004 with full operations expected in 2006. This $4.8 billion project proposes to have a 40-year franchise agreement. It is proposed that FDOT will contribute either $95 million per year until 2035, or $70 million per year until 2035, and a Special District will be created offering bonds to private investors. Italferr-sis. t.a~v, s.p.a. - This company is owned by the Italian State Railways. It consists of the following companies: 1) Italferr, 2) T.A.V., and 3) Gemini Consulting. The applicant proposes to incrementally upgrade existing rail lines. The service is to initially use electric power with trains traveling at 120 mph. It will take 150 minutes to go from Miami to Orlando. Although a definite route was not delineated in the report, it may be assumed that it will include Miami-Orlando-Tampa. This company proposes to conduct an in-depth survey for each segment of the rail system to determine market, ridership and the correct technology for each. The study will be used to calculate how much more people will pay to go faster than 55 or 65 mph for each segment of each link. This fare structure will become the basis for the operating budget and therefore will also decide technological expenditures. According to this proposal, 12 million riders per year are needed to support premium service, while 2.5 million riders will support a less cosily service. A predetermined number of years for the franchise has not been proposed, because it would not allow sufficient flexibility for changes reqUired as the project evolves. Rail lZlorida. - The applicant proposes the incremental upgrading of existing rail corridors. The Rail Florida team consists of four companies: 1) Raytheon Infrastruc~e Services, Inc., 2) ABB Traction, Inc., 3) Amtrak, the National Railroad Passenger Corp., and 4) Keith and Schnars, P.A. The train~ will run between Tampa, Orlando, and Miami, and may expand. A stop in West Palm Beach is planned in Phase 1, and a stop in Boca Raton is planned in Phase 2. This system will utilize existing X2000 High Speed Tilting Trains (Swedish design) as well as Flexliner diesel multiple unit trainsets (Danish design). Existing Amtrak maintenance facilities, stations, reservation system and skilled work force are to be used. Rail Florida plans to create an intermoclal network system coordinating regional rail and public transit services, automobile access to stations, and connections to selected airports and port facilities. In this public/private parmership, state authority will be obtained to lease the latest generation of Flexliner units for starmp until U.S. equipment is built. Within one year after the award of the franchise, these trains are expected to operate at 79 mph between Tampa, Lakeland, Orlando and Sanford. Phase 2 is planned to include the use of X2000 trains at 79-125 mph between Tampa-Orlando and Miami in 2004. Phase 3 enhanced high speed service will use the I-4 right-of-way between Tampa and Orlando. Phase 4 will utilize electrified X2000 trains achieving 150 mph in 2021. The trains are expected to accommodate business and nonbusiness class seating at a cost of $50-$85 and $35- $70, respectively, from Miami to Orlando. This $4.3 billion project proposes a 50-year franchise agreement. In order for the proposed plan to be a success, it will require the full financial support of the state (FDOT $70 million/year) and local governments, and expertise and resources of the private sector. The creation of a new district within FDOT is proposed to oversee the project design and management. The state, Tri-Rail, and/or local governments, and corridor property owners are to own portions of the infrastructure. The state is to eventually own the trains. Rail Florida may retain ownership of associated developments or joint developments which occur as a result or in support of the system. 4 Analysis of the HSR Applications Location of the HSR Corridor Regional Issue: Development of the HSR system in areas outside of the existing urban corridor could encourage growth in areas where it is unwanted. The HSR corridor should be located where it will provide service to the most highly populated urban centers within the Region. Strategic Regional Policy Plan (SRPP) Policy 2.1.2.3: Locate infrastructure investments in areas designated as existing or future cities, towns and villages; 8.1.2.1: Infrastructure should be planned and built to support and facilitate development of existing or proposed cities, towns and villages or their districts and neighborhoods; 9.1.1.1: Encourage patterns of development and programs which reduce dependency on the automobile, encourage and accommodate public transit, and reduce the overall use of fossil fuels; and 15. L3.2: Increase public investment and assistance to foster infill, redevelopment, and refurbishing of infrastructure in existing urban areas. Council has long advocated, encouraged and required the provision of public transit. This goal is reinforced and related to Council's desire to encourage and support the redevelopment and revitalization of the coastal communities. However, the potential exists for the HSR system to disperse the population further west, encourage sprawl and discourage infill and redevelopment efforts in coastal cities, if the system is located beyond the urban service areas and not parallel to the coastal populations of the Region. The opportunity for local governments to create mixed-use activity centers at the system's stations would enhance local governments' redevelopment efforts. Florida Maglev and Florida Magplane anticipate using existing interstate rights-of-way, specifically 1-95 through our Region. These two proposals provide for a HSR system closest to the existing coastal communities. These proposals will benefit the local commtmities as well as complement and improve the Region's existing transportation systems. The proposed stations will allow for the intensification of uses, which would further promote local government revitalization efforts. Florida Maglev Consortium's proposal anticipates two stations in the Treasure Coast Region, one in Port St. Lucie and one in West Palm Beach. Opportunities for branch lines will provide intracity, port, airport and downtown connections. Florida Magplane anticipates ten stations in the Treasure Coast Region, specifically Sebastian, Veto Beach, Fort Pierce, Stuart, Jupiter, Riviera Beach, West Palm Beach, Lake Worth, Delmy Beach and Boca Raton. Because of the numerous stops, this proposal provides the be-st intraregional transportation opportunities for the residents of the Treasure Coast. However, the location of the route is more important than the identification of locations for stations at this time in the selection process. As long as the chosen route has the potential, station locations can be added or deleted as the planning process continues. 5 The other applications do not propose routes that could easily provide service to the population centers of the Region. The preferred roate for the Florida Overland Express involves construction of a new dedicated high-speed track nmning from West Palm Beach westerly through western Martin County and then north to Orlando. The Florida Overland Express also provides an alternative route that transverses Martin, St. Lucie and Indian River counties. However, the alternative route passes through the western parts of these counties, which are relatively unpopulated. The Italferr-sis.t.a.v.s.p.a. proposal does not illustrate a route. Rail Florida anticipates use of existing rail systems, specifically the Southeast Florida Rail Corridor (SFRC) from Miami to West Palm Beach and the CSX rail corridor from West Palm Beach to Auburndale (located southwest of Orlando). The Rail Florida proposal includes a spur to St. Lucie County from SR 710 along the FEC corridor in a later phase. Stops within the Region and Economic Benefits Regional Issue: Development of the HSR system should provide a reasonable number of stops to allow the citizens of the Region an opportunity to use this service. The number of stops is also important to provide economic benefits within the Region. SRPP Policy 2.4.1.2: Coordinate land use planning and the provision of public facilities to assist the private sector in building preferred forms of development and to create infill and redevelopment opportunities; 2.$.1.1: Improve multimodal transportation opportunities throughout the Region in order to provide better access to educational and workplace facilities; 2.$.1.2: Provide better transportation linkages between workplace and educational facilities; 2.$.1.3: Provide commuter and long distance passenger service on the FEC right-of-way throughout the Region and beyond; and 2.6.2.4: Encourage a public/private partnership to build the necessary infrastructure that will support expansion of clean industries, and will attract higher income industries to the area. Maglev Consortium proposes to have two station stops in the Treasure Coast Region located in West Palm Beach and Port St. Lucie. This provides revitalization and redevelopment opportunities for properties located in the vicinity of the proposed stations. Mixed use development, including retail, office and residential development located near the station could increase real estate values in the area. In addition it could stimulate other community redevelopment and encourage business investments and other economic oppommities. Having two high speed rail stations designated for location in the Region will provide residents and visitors to the Region better access to high speed rail. Its linkage to the airport, TH-Rail and other modes of transportation will likely increase tourism activities in the Treasure Coast. The proposal to place one stop in the northern part of the Region (St. Lucie County), and one stop in the southern part of the Region (West Palm Beach), would provide reasonable access to the HSR in the Treasure Coast Region. 6 Florida Magplane, Inc. proposes 10 station stops in the Treasure Coast Region. If developed as proposed, the Treasure Coast Region would have almost one-third of the total proposed stations planned for the entire route between Miami, Orlando, and Tampa. Each station could provide multiple real estate and economic business opportunities. The Florida Magplane indicates sensitivity to each community's special architecture and other variables. The proposal would encourage more tourism activity in the Treasure Coast Region since it has the potential to tie in the Region's airports, ports, parks, cities and other systems. Its versatility, availability and 24-hour accessibility makes it convenient and applicable to a wider market than the other systems, which are limited to only a few stops along the entire route. The Florida Magplane proposal would attract a broader market of long distance as well as short distance business, pleasure, and commuter services. However, a concern about having too many stops in the Region is that this system would compete with Tri-Rail and limit the potential for expansion of local commuter rail service to coastal communities. The Florida Overland Express proposal includes one station stop in the Treasure Coast Region located in West Palm Beach. Revitalization and redevelopment opportunities for properties located in the vicinity of the proposed station are possible. Mixed-use development, including retail, office and residential development located near the station could increase real estate values in the area. This redevelopment activity could stimulate other community redevelopment and encourage business investments and some economic oppommities in the area. A HSR station located in the Region linking the airport, Tfi- Rail and other modes of transportation has the potential to increase tourism activities in the Treasure Coast Region. The populations in the northern part of the Region would not be well served by the proposal to have only one HSR station located in West Palm Beach. The Italferr proposal does not provide information on a specific route or stops within the Region. The application suggests doing a service survey fn'st to get a better understanding of the type of service, ridership and technology that will be needed and supported by the ridership. The proposal suggests utilizing existing rail lines until a better understanding of needs and services are determined. It also recommends having built-in flexibility for developing the system to adapt to changes that may occur through time. No definite travel route is delineated by the proposal. Rail Florida proposes to have two station stops in the Treasure Coast Region located in West Palm Beach and Boca Raton (the application indicates that expansion into St. Lucie County is possible, but no details are provided). This would provide revitalization and redevelopment oppommities for properties located in the vicinity of the proposed stations. Mixed-use development, including retail, office and residential development located near the station, could increase real estate values in the area. In addition, it would stimulate other community redevelopment and encourage business investments and other economic oppommities. Linkage to the airport, Tri-Rail and other modes of transportation would likely increase tourism activities in the Treasure Coast Region. The Rail Florida proposal would provide good service to populations in the southern part of the Region, but the northern populations in the Region would not be well served. Interference with Existing Traffic Patterns Regional Issue: The presence of at-grade road crossings could increase delays for vehicles traveling on regional roadways, thereby increasing the use of fossil fuels and the level of air pollution. SRPP Strategy 13.1.1: Encourage patterns of development and programs which minimize dependency on the automobile, encourage and accommodate public transit, and reduce vehicle miles traveled and the amount of vehicle emission discharged into the atmosphere; and Policy 13. L1.2: Design effcient intersections and traffic light sequences which minimize idle time for automobiles. An increase in rail traffic through at-grade road crossings has the potential to cause delays for vehicles traveling on regional roads. Such delays will cause more fossil fuel to be burned and will increase air pollution. In order to enhance energy conservation, minimi:,e air pollution, and increase the quality of life in the Region, the use of total grade separation for crossings is preferable. Florida Maglev, Florida Magplane, and Florida Overland Express propose the use of elevated tracks and/or bridges to achieve grade separation. The Italferr and Rail Florida proposals rely on existing railways, and therefore include some m-grade crossings. Environmental Impacts Regional Issue: The creation of a new fight-of-way for the HSR system increases the potential for impacts to natural systems and may be disruptive to existing land uses. SRPP Policy 5.1.1.7: Support redevelopment, infill and preferred forms and patterns of development to avoid impacting natural communities and ecosystems. All of the applicants with the exception of the Florida Overland Express propose to construct or operate their HSR system within existing highway or mil rights-of-way. The use of existing rights-of-way is desirable because the need to clear native upland communities and fill wetland systems will be minimized. The use of elevated tracks as proposed by Florida Maglev and Florida Magplane has the added benefit of not interfering with the recreational function of greenways or the movement of animals through wildlife corridors. The use of elevated tracks through existing rights-of-way also decreases the chances of disrupting existing drainage patterns. The creation of a new right-of-way has the greatest potential for being disruptive-to existing land uses along the route. Other Issues of Concern Financing and Adequacy of Funding The applications do not provide information necessary to determine if the HSR systems will be financed properly or if the proposed level of funding from the State will be adequate in future years. A major concern is that the HSR system will be underfunded, and the State will consider taking money away from other programs to keep the HSR project going. Of particular concern in this Region is that State funds that are necessary to maintain and expand the Tri-Rail system and fund other infrastructure projects will be diverted to the HSR system. Council recommends that the State maintain full funding to the Tri-Rail system in order to ensure its viability and allow expansion of this local commuter service to the north. Maintaining a Comprehensive Passenger Rail System In addition to the HSR, there is a need to invest in more conventional mil transit approaches that would serve existing coastal communities and expand economic development oppommities within the Region. This approach would favor a combination of a less expensive effort to expand and improve the function of light mil and commuter systems such as Tri-Rail, complemented by a HSR system. At the same time, effort must also include redevelopment and revitalization of our existing urban areas to encourage the existing population to remain in the Region and to make the Region more attractive to future populations. The HSR system should be linked to Tri-Rall by collocating their stations in West Palm Beach and by developing convenient public transportation linkages between coastal cities and towns, other Th-Rail stops, and HSR stations. Linking Other Modes of Travel (Multimodalism) Regardless of how the State decides to spend its rail transit dollars, providing linkages between rail systems and other modes of travel is important to the success of these systems. Notwithstanding comfort, safety and cost, rail system ridership and profitability will directly depend on how convenient the train is and how convenient it is to get around after the train ride compared to the private automobile. Close attention needs to be paid to how people will get from place to place locally after departing the train. Council recommends that the funding of mil transit in the Region include a fully funded local public transportation system which complements and supports the rail system. Technological Feasibility " The design, engineering, construction, and operation of HSR systems similar to the Florida Overland Express, ltalferr, and Rail Florida HSR systems have been tested in other parts of the world. The Florida Maglev and Florida Magplane proposals rely on magnetic levitation technology, which has not been used in any passenger-carrying HSR systems developed anywhere in the world. The Florida Maglev technology is currently being tested on a full-scale test track in Edgewater, Florida. The Magplane system has been tested only in computer simulations and as an operational subscale system in the 1970s. The selection of magnetic levitation technology carries more of a risk that it will require additional research and development. This may cause project costs to exceed predictions and create delays in the construction of an operational system. The financial success of the HSR system could be jeopardized and operation of the system could be delayed if unforeseen technological problems create the need for additional research and development. Cost of the Stations The Maglev proposal assumes that stations will be financed by the respective local governments. If one or more required stations cannot be financed by local governments, Florida Maglev proposes to build basic stations at minimal cost with independent financing. Council recommends that Florida Maglev coordinate with local governments concerning the location and financing of stations. Noise and Aesthetics of an Elevated Railway Local governments have expressed concerns about the noise and the attractiveness of the HSR system. These concerns are especially important if the HSR system is elevated in urban areas. Council recommends that these issues be addressed during the certification process. Proposed Right-of-way The text of the Maglev proposal states that its route will follow 1-95, but the map shows that it will follow the Florida Turnpike. Discussions with representatives l~om Florida Maglev indicate that the less detailed map in the Executive Summary incorrectly depicts the route. 1. The Treasure Coast Regional Planning Council supports the State's efforts to develop a HSR system as one component of an integrated transportation system. However, Council has serious concerns about the ability of the applicants to secure the necessary financing, and the adequacy of the level of funding by the State. The State should ensure that these concerns are adequately addressed prior to awarding the franchise. " 2. In addition to the HSR, there is a need to invest in a more conventional rail transit system that would serve existing coastal communities in the Region. The State should maintain historical levels of funding and support expansion of the Tri-Rail system. The HSR system should be designed to complement the Tri-Rail system. 10 Station stops for the Tri-Rail should be designed to link coastal communities between more widely-spaced HSR stations. 3. The State needs to address how transportation demands of rail riders will be met after they get off the train. A rail system by itself, commuter or otherwise, will not function effectively unless convenient and cost-competitive linkages are established between rail systems and other modes of public transportation. Funds necessary for public transportation to support the rail effort should be considered as part of the overall cost of providing competitive public rail service in the State. 4. Based on the information provided in the applications, and assuming that other issues concerning financing, technological feasibility, etc. are resolvable, the Florida Maglev and Florida Magplane applications appear to be the most desirable in terms of addressing regional issues. These are the only proposals that have all of the following features: 1) the rail corridors extend through the entire Region and nm through or near the most densely populated communities, 2) the tracks do not utilize at-grade crossings, and 3) the rail corridors utilize existing rights-of-way. The proposed routes would allow service to be provided to the most highly populated urban centers. The use of grade separation for road crossings would minimize interference with vehicles on the regional roadway network, and would be beneficial for efforts to conserve energy and minimize air pollution. The use of existing rights- of-way would minimize impacts to the environment and existing land uses. Recommendation Council should authorize transmittal of the comments to the Florida Deparunent of Transportation. Attachments 11 1.2 E~IT 2 PROPOSED HIGH-SPEED RAIL CORRIDORS FLORDA MAGLEV FLORIDA MAGPLANE FLORIDA OVERLAND EXPRESS RAIL FLORIDA CITY OF PALM BEACH GARDENS 10~--~30 N. MILITARY TRAIL · PALM BCH GARDEI~, I:I.O~IDA ~410-4~J8 December 4, 1995 .~.=, ~. T~ ~m ~gio~ DEC - 6 1995 322~ S.W. M~ Do~ Blvd. S~te 205 P~ Ciw, Flofi~ 34990 P~NtiI~G COUa~L ~: Comme~ o~ De~ ~. B~ha: The City of Palm Beach Gardens has several concerns involving the Florida High Speed Transportation System proposal and the five applications on file at the Treasure Coast Regional Planning Council's office. Four of the five applicants propose high speed transportation routes through the City's municipal boundaries. (The fifth applicant, Italferr, does not propose a specific route.) These four proposed routes will impact, in varying degrees, life within the City. Below are the City's concerns which also relate to the proposals of all five of the applicants: 1. The City has concerns about the noise and vibrations generated by the proposed high speed vehicles. This is of a particular concern as the proposed Florida Maglev, Rail Florida and Florida Magplane routes traverse through or by established neighborhoods in the City. The Florida Overland Express route is proposed to la"averse through future residential areas of the City. The City questions the validity of each of the applicants' statements that there will not be any adverse effects from noise and vibration from the proposed transpo~tion system. No noise abatement facilities are identified in any of the applications. Noise abatement facilities should be identified. 2. The City questions whether the Rail Florida and the Florida Overland Express proposals will allow for future grade crossings. Both applicants propose using the CSX/Beeline Highway corridor as a portion of its route. This corridor is surrounded by undeveloped land within the City. There may be a need for future roadways and associated grade crossings to serve the future transportation needs of this area. The Florida Overland Express application specifically states that there will be no grade crossings as the system 15 will nm over or under any traffic intersections. This may not allow any future grade crossing to serve this undeveloped area. 3. Palm Beach Gardens should be considered as a future station site for the Florida High Speed Transportation System. The City is the future employment, medical, recreation and commercial center of the growing north Palm Beach County area. The City is also in close proximity to the North County Aviation Facility, the Port of Palm Beach and the Veteran's Hospital. 4. The City objects to the proposed wute of the Florida Overland Express. A portion of the route would traverse through environmentally-sensitive lallds, which is slated for purchase for preservation by Palm B~ach County. Please consider and include these comments during the discussion of this issue during the December 15, 1995 Treasure Coast Regional Planning Council meeting. Thank you for your consideration. Sincerely, Richard Walton, AICP Planning and Zoning Director cc: Bobbie Herakovich, City Manager Kim Glas, AICP, Principal Planner Many Minor, Planner Carl Flick, Senior Planner, Palm Beach County 16 J~ua~ 5, 1996 Plier Suite 205 P.lm City FL 34990 RE: High Speed Rail Report Dear Peter: Thank you for taking the time to meet azd discuss some of the commenus, as well as possible misconceptions raised at the last TCKPC meeting. In follow up, I would wish to recap our discussion, which reflects nothing more =hah a review of the information covered in the =o~al proposal. First - concern was raised ~ha~ the system will transition ~rom 95 to the Florida Turnpike through the City of Palm City. Although, the less ~e=ailed map in the "Executive 8uo~ary" incorrectly depicts chis rouDe, the detailed mapping shows the correct route to follow Interstate 95. Second - statements were made regarding =he stations to be provided by the municipalities, as was pointed out in our meeting for the system to be most e~fective, integration with local and regional transportacion systems is important, therefor it would be desirous =hat =he stations ~e shared by those transportation agencies, thus the su~estion of being "provided by" the local municipalities. Further, explanation was given in =he executive sua~ary as well as the implementation description in chapter III, t~ac in the even~ stations were not provided, FLMC would provide the station, utilizing resources separate from the implementation of the proposal (in fact, we had previously prc~)osed revenue sharing pro,ram and the expansion of stations through shared exlmense with Tri-Rail) . . 17 I IIIIIIIIII U c ~ nolo g y I r~C , Third - ~he suggestion has been made =ha= "=he technology is not available". The c~ents o~ the system proposed have been =es~ed and many are already used in o~her applications, our proposal offers signi~icant detail in Chap=er III. ~Or an integrated sys~e~ demons=racOon (wb&ch w~ll be pursued ~e~a~l~ess o! the Florida High Speed Rail System). The reality is =hat =he franchise/certification process will no= provide for anyone's BySte~ =O be deployed witAin 18-24 ~onchs, our integra=ed system demonstration ~i=s well within sources other than =he High Speed Kal1 Program. ~£ I may be o~ further assist_a~ce to you, please con,&c= me! ~H. Bri~C ~chia~y ~neral ~ger / ~B: ls~ cc: C~ssi~er Carol C~ssioner Jeff Keens Co~ssioner ~rlene Hoag Co~dssioner Kevin H~nderson C~ssi~er ~y Green Co..,=ssioner Ga~ D. ~arles Sharon: We've received a request from Anne Gannon (407/687-2966) to have a company by the name of Rail Florida make a presentation at the 2/20 meeting regarding the High Speed Rail (HSR) transportation system. I referred the request to Mr. Harden. He advises that Rail Florida is one of five companies which made application for the HSR. He doesn't have a problem with Rail Florida making a presentation, but feels we should extend the same opportunity to the other companies if they ar.~ interested or inclined to do Attached is information from Planning about the five firms. The four besides Rail Florida should be contacted to see if they, too, would like to make a presentation on February 20th. They should be put on notice that presentations will be limited to ~Q more than 10 minu~es. Rail Florida gave no particular reason for why they want to make the presentation. We are simply extending the same opportunity to the other applicants as a courtesy. Let me know as soon as we know which of the firms, if any other than Rail Florida, are interested. We also need to get back to Anne Gannon at the phone # above confirming for the 20th and to let her know if any of the other firms will also be presenting. [lTV DF I]ELRR¥ BER[H CITY ATTORNEY S OFFICE' ~' DELRAY BEACH AIl.A~rica Ci~ ~MO~D~ February 13, 1996 1993 TO: CiW Co~ssion FROM: David N. Tolces, Assistant Ci~ A~om~ SUBJECT: Donation Agreement - IBM Technical Gifts Program This item is on your agenda order for the City Commission to formally accept IBM's donation of the twelve personal computers for the .City's After-School Program. The acceptance of the computers will enable the City's After-School Program to assist the children in learning how to use computers and assist the after school participants in their homework. Acceptance of the computers and the approval of the Donation Agreement is recommended. Please call if you have any questions. comdonor.dnt £1TY aF ELFII Y BEI:I£H ~ 100 N.W. 1st AVENUE · DELRAY BEACH, FLORIDA 33444 · 407/243-7000 AII-An,ericaCity 1993 TO: David Harden, City Manager FROM: Joe Weldon, Director of Parks and Recreation SUBJECT: Donation of Computers DATE: February 13, 1996 This memorandum is to advise you of a recent donation that the Parks and Recreation Department received from IBM. Carolyn Parker-Ware, After School Coordinator, contacted Mr. Norman Ostrowski of IBM in November requesting a donation of surplus computers for use in our After School program. She received notification that IBM has approved the donation of 12 computers. The estimated value of this donation is $5,000. David Tolces is submitting the agenda request for City Commission's consideration February 20, 1996. The computers will be installed at the Delray Beach Full Service Center and will be utilized by all the children in the After School Program. ~D~ctor of Parks and Recreation / cc.~avid Tolces, Assistant City Attorney Joe Dragon, Assistant Director of Parks and Recreation Pamela Post, Recreation Superintendent Carolyn Parker-Ware, Recreation Supervisor II Ref:requeslt i~l~.n,.~,o~p~.r THE EFFORT ALWAYS MATTERS FEB 5 '96 06:39 ~OM IBM BOCR 02~ ENU/HLTH TO 924]]?74 PRGE.001/005 01/05/96 Dear City of Delra¥ Beach Att: Carolyn Parker-Ware Your request for computers has been approved. Please sign the attached forms in the areas designated. Once the forms are filled out please send to N.A. Ostrowski at the following address. N.A. Ostrowski, IBM Corporation 1000 N.W. 51st St. Zip 1001 Boca Raton, FL 33432 Fax: (407-443-0003) Once the forms are returned and all paper work is complete we will contact you, to setup a pick-up date for this equipment. If you have any questions please contact Tim Eubank at ext. 407-982-1633 Sincerely, ~~~j~~ Tim Eubank · F:EB 5 ' 96 06: 39 FROI'I I BM BOCA B23 EblU/HLTH TO 924~?74 PAGE. FJl32,/1305 I BM CORPORAT I ON CONTRIBUTION CERTIFICATION FORM Thi~ form mus.t be completed by th~ Exeoutiv,: ~, Pr~aid~at, or Chief Financial Officer of the Recipient CBRllFICATION SBCTION: I do hereby certify that the Recipi~-nt Orgauiza~n ..a_ ~m~ bolow is currently described in 170 (c) of the Internal Revenue Code and has NOT recked notice fi'om tho Internal R~venue S~vico that it will b~ dolexocl from such status. to be roc~ved from mM Corporation (le.~ $__ [insert value of any meals or tickets] reomv~ by the IBM Corporation from the recipient organization shown below) shall NOT be used to: ° influence the outcome of any specific public election; ° carry on, directly or indirectly, any vot~ regislration drive within the meaning of Section 4945(dX1) and 4945(dX2) of the Internal Revenue Code; o make any political expenditure within &e me~ing of S~dou 4955 of the Internal Revenue Code; or o undeltake aay activity for any purpose other than the one specified in Section 170(cX2)(B)of thc into'hal Revenue Code. I further c~i~ that the I~M Corporation has NOT designaled its grant for. ° any specific individual for travel, study, or other similar purposes by such individual, urdess such grant satisfies the requirements of Section 4945(g) of the Internal Revenue Code: o any organization other than the one which is described in S~cfious 509(aX1), 509(aX2), or 509(a)(3) or e~empt operating foundation defined in 4940(d)(2) of the l~temat Revenue Code. ~ of Recipient Organization Federal Employee Number (EIN) Si~alm'~ of C~g Individual Date N~a~ and Title of C~dOing Individaal POPULA~ON SF_,RVF. D SECTION: Cat~or~ Pcrc.~tag .eS. Please e~tim,tc, if available, for imernal use only: White/Caucasian - BlacWAfricau-American /~ Hispanic Total Nxtmber of Individuals Annually Served Native American "__ (Using this manber, please estimate the "%" Other served annually in th~ categories listed.) Total 100% MAIL COMPLETED FORM TO: N.A. Oatrowsld, IBM Corporation, FAX: (407) g,~34003 t000 N.W. 51st St., Internal Zi~ 1001 FEB 5 '96 06:41' FROM IBM BOCA 023 ENV/HLTH TO 92433??4 PAGE.005/005 - DONATION AGREEMEN'[' 1000 N. W. 5 l~t S~t Bo~ ~mn, FL 33431 ~DD~S: ~ a~ m dona~ ~d don~ a~ ~ ~t ~e ~m~t ~d ~M m~e l~t~ ~Bw AS IS ~out ~y ~~mfio~ or w~E~ ~ ~ {mpli~ ~ m ~ fim~, for a p~ p~sq q~, ~de no smt~enB or r~r~mm~ ~i~mt ~ a donation of~c ~pmmt on ~ ~ ~ b~:s. hold ~ h~s agm~ ~y s~ ~ ofa~on, ~g~, or d~ of~ug~ or o~ mlicf by or on behat · ~d pe~ns or agcnm or employ~ of~edon~ ~s~g out of or in ~nn~on ~ don~.~ss~sion O.f ~id ~uipmenu .. Donee ~nfi~ ~at fl:ere ~e no c~ent plus to sell dona~ ~uipment or ~M ~v~e, orto le~ it to a ~kd For ~M: For Donee: ~ Z~~ ~($~GX'ATUIU~) (DATE) (SrGNATU~) (DAq~) . . EQUI:PiM:ENTA".B,~i SOFTWARE TO BE DONATED O"YPE(S)./SEPd:AL($)): SEf,.I. AL:: -~' I)t,S(... SERIAL # I)ESC. .. EP, I:\~, .'-: t)ESC. (Additional equipment listing space on next sheet) Receipt of the above assets ks hereby acknowledged. ~rO,WATU:~.B) (r>A'rE) FEB 5 '96 06:40 FROM IBM BOCA 02J ENV/HLTH TO 92433774 PAGE.003/00. DONATION CITY OF DELRAY BEACH. 12/13/95 p / N s/N QT¥ 4201001 2064812 1 4201001 2211433 1 2 4201001 8512001 1424620 1 1 8512001 8513001 0306758 8513001 23DCA07 8513001 23LG691 8513001 23RA864 4 8513001 8570A16 6000172 i 1 8570A16 8570E61 7069983 1 8570E61 7075755 1 2 8570E61 8580071 7027909 1 8580071 7142753 1 2 8580071 12 MEMORANDIIM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGERial/ SUBJECT: AGENDA ITEM # ~ - MEETING OF FEBRUkRY 20, 1996 UNDERGROUND CONDUIT INSTALLATION AGREEMENT WITH FLORIDA POWER & LIGHT/MORIKAMI WELLFIELD PROJECT DATE: FEBRUARY 16, 1996 This is before the Commission to approve an Underground Conduit Installation Agreement with Florida Power & Light for the Morikami Park Wellfield project, and authorize payment in the amount of $9,088 to FP&L for underground conduits and service. This agreement will allow the required electric service for new wells currently under construction at Morikami Park to be installed underground, thereby minimizing the intrusive nature of City facilities within the County Park. Recommend approval of the installation agreement with Florida Power and Light in the amount of $9,088 from the Water and Sewer Bond - Construction Fund (Account No. 440-5179-536-63.61). Agenda Item No. ~2~ AGENDA REQUEST Date: 02/16/96 XX Regular Agenda Special Agenda __ Workshop Agenda When: 02/20/96 Description of item (who, what, where, how much): Staff requests Commission approve an Underground Conduit Installation Agreement with Florida Power & Light Company for the Morikami Park Wellfield Project, and authorize payment in the amount of $9,088.00 to FPL for the underground conduits and service. ORDINANCE/RESOLUTION REQUIRED: YES NO ATTACHED YES NO Recommendation: Staff recommends approval of an Underground Conduit Installation Agreement with Florida Power & Light Co., and authorize payment in the amount of $9,088.00 for said installation at the Morikami Wellfield Project. DEPARTMENT HEAD SIGNATURE: ,~~~.~,~ z/~/~, Determination of Consistency with Comprehensive Plan: ComprehensivePlan: City Attorney Review/Recommendation (if Applicable). Budget Director Review (require~ all item_s in~y~vin~g expenditure of funds): Funding available E~O Funding alternatives ...... (if agplicable) Account No. & Description:~ Account Bal~ce: City Manager Review: Approved for agenda: ~O Hold until: Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved~isapproved MEMORANDUM TO: David T. Harden, City Manager FROM; Richard C. Hasko, P.E., Deputy Director ofPU ~ SUBJECT: MORIKAMI WELLFIELD PROJECT PN 94-01.2 DATE: February 16, 1996 Attached is an Agenda Request for City Commission approval of an Underground Conduit Installation Agreement with Florida Power & Light Co., and an invoice in the amount of $9,088.00 for the cost associated with the conduit and service. This agreement will allow the required electric service for the City's new wells currently under construction at Morikami Park to be installed underground thereby minimizing the intrusive nature of city facilities within the County Park. The original Agreements will be delivered to the City Clerk for execution following Commission action. Funding for this work is from the 1993 Water/Sewer Bond - Construction Fund Account #440-5179-536-63.61. RCH: jem Jose' Aguila 94-01.2 (A) February 5, 1996 City of Delray Beach 434 S. Swinton Ave. Del~ay Beach FI. 33444 Attention Jose Aguila RE: MORIKAMI PARK WELLFIELDS Dear Mr. Aguila Please find enclosed the Conduit Installation Agreement and the Bill for the above mentioned project. Execute both copies of the agreement and return, along with a check in the amount of $9088.00, to Florida Power & Light Company 14159 State Road 7 Delray Beach Fl. 33446 If you have any questions, or if I can be of further assistance, please call me at 495-7652. Sincerely, Rick Labosco Distribution Designer an FPL Group compmw o~z.I- 7- FPL Work Order No. ~C,,~'q- 7-'-/.s-q Project Name ~otr-~-i ~/I ~ i UNDERGROUND CONDUIT INSTALLATION AGREEMENT This Agreement, made this day of , 19 __ by and between Q I~/ O~' ~/--/~-fl Y ~ff-t~C-/~ (hereinafter called the Customer) and Florida Power and Light Company, a corporation organized and existing under the laws of the State of Florida (hereinafter called FPL). WHEREAS; the Customer has requested the pre-approval of the location and installation of underground distribution facilities to be located in a described FPL easement provided by the Customer. WITNESSETH That, for and in consideration of the covenants and agreements herein set forth, the parties hereto covenant and agree as follows: 1. The customer shall: a) install conduit, cable markers and associated materials provided by FPL in accordance with the insa'uctions and specifications attached to this Agreement, b) be solely resI~nsible for the installation of conduit at the correct location and the correct depth pursuant to the FPL construction drawing and specifications, c) provide reasonable notification of the conduit installation dates, d) at the discretion of FPL, either correct any discrepancies, within two (2) working days, found in the installation that are inconsistent with the instructions and specifications attached to this agreement or pay the associated cost to correct the installation within thirty (30) days of receiving the associated bill, e) provide survey points for FPL to stake the cable route, f) notify FPL when the conduit installation is complete, g) provide "as built" prints within two (2) weeks of final installation, h) provide for pick-up of materials, i) assume liability for materials lost, stolen or damaged once the customer receives material. Form 804-C 2. FPL shall: a) provide written instructions and specifications for the installation of FPL provided conduit, b) provide required material to the Customer for the installation of underground facilities within the specified cable route, c) provide staking for the Customer along the specified cable route, d) apply a credit in the amount of $ '7/~ ! ~ , in the event that the customer has made or has agreed to make a Contribution in Aid of Construction for the underground distribution facilities associated with this Agreement. If no contribution is to be required of the customer for the associated underground facilities, no credit is to be given. In no event shall the credit exceed the customer's cona'ibufion, e) assume no liability for matefiah lost, stolen or damaged once received by the customer, f) furnish any additional material at the current cost plus applicable loading and delivery charges, g) assume no liability for delays caused by material delivery deficiency, including insufficient, lost, stolen or damaged material, h) assume no liability for delays because of misunderstanding of installation drawings or specifications, i) assume no liability for delays or additional cost caused by an inadequacy of the conduit system installation, j) assume no liability for special incidental or consequential damages of any nature. 3. This agreement is subject to FPL's General Rules and Tariff and the Rules of the Florida Public Service Commission. 4. Customer agrees t/0 r~otect' defend, indemnify and hold FPL, its officers, directors, employees, and agents .~ (FPL Entities).h~e and unharmed from and against any and all claims, liabilities, loss, costs, or damages ,,c/~'~/~?2-' whatsoever/~lated to any claim made by tenants, invites, licensees, quests, any other or third parties, ~ /r~/ includi/ng'~ourt costs and auorney's fees, Whether or not due to or caused in whole or part by the negligence of~ Entities, resulting from or in connection with the performance of this Agreement by either party hero. IN WITNESS WHEREOF the parties hereto have caused this Agreement to be duly executed to be effective as of the day and year written above. Accepted: Accepted: for FPL (date) for Customer (date) Witness (date) Witness (date) Witness (date) Witness (date) REM'IT TO: FLORIDA POWER & LIGHT ARMS PROCESSING (PPC/GO) GENERAL MAIL FACILITY MIAMI FL 33188-0001 CUSTOMER ID---> 62607 INVOICE NO .... > 133499 CITY OF DELRAY BEACH ATTN: JOSE AGUILA INVOICE DATE--> 02/09/96 434 S SWINTON AVE DELRAY BEACH FL 33444 PAST DUE AFTER 03/10/96 AMOUNT DUE--> 9,088.00 PLEASE DETACH AND MAIL THIS PORTION WITH YOUR PAYMENT FLORIDA POWER & LIGHT COMPANY INVOICE CUSTOMER ID---> 62607 CITY OF DELRAY BEACH INVOICE NO .... > 133499 434 S SWINTON AVE INVOICE DATE--> 02/09/96 DELRAY BEACH FL 33444 PAST DUE AFTER 03/10/96 AMOUNT DUE--> 9,088.00 CURRENT CHARGES AND CREDITS COST FOR UNDERGROUND SERVICE/MORIKAMI PARK WELLFIELDS DESCRIPTION REFERENCE NBR AMOUNT CUST CONTRIB - WO (NEW CNST) 454-07-0521 Y 9,088.00 MORIKAMI PARK WELLFIELDS TOTAL AMOUNT DUE $9,088.00 FOR INQUIRIES CALL: RICK LABOSCO AT 407-495-7652 CITY OF [IELRIIY BEIIgH CITY ATTORNEY'S OFFICE ~[~,~.~~'~ ~'" ~ ~,~?~.~?.~~¥~' ~"^¥ ~" "~'~ ~ W~ter's Direct Line: (~7) 243-7~I AIl.lmrica City ~MO~~ ' ll J Febmau 12, 1996 1993 TO: Ci~ Co~ssion FROM: Susan A. Ruby, City Attorney SUBJECT: Agreement to Amend Bylaws of Block 60 Parking Condominium Association The Block 60 Parking Association Bylaws were approved by the City Commission as documents incorporated into the Contract for Sale and Purchase of the Monteray House. The attached document amends the bylaws. The amendment changes the fiscal year from a calendar year to a fiscal year commencing October 1st and ending September 30th. The amendment also provides for a review of accounts made annually by an accountant to be selected by the Board of Directors and provides that the report shall be submitted no later than four months after the end of the year for which the report is made. The previous bylaws required an audit. By copy of this memorandum to David Harden, City Manager, our office requests this matter be placed on the February 20, 1996 consent agenda for approval. Attachment cc: David Harden, City Manager Alison McGregor Harty, City Clerk *. sar Pr/nted on Recycled A~P~EMENT TO AMEND BXLAWS OF BLOCK 60 PAI~KING CONDOMINIUM A~SO~IATION, INC. THIS AGREEMENT TO AMEND BYLAWS is made and entered into this 3C~ day of ~z~$~_c~ , 199~ , by and between the UNIT OWNERS of Block 60 Parking Condominium Association, Inc., and BLOCK 60 PARKING CONDOMINIUM ASSOCIATION, INC. WI TNE S SETH: WHEP~J%S, the parties have entered into the Bylaws on September 7, 1995; and WHEREAS, the parties are desirous of amending certain provisions in said Bylaws. NOW, THEREFORE, in consideration of the mutual promises and covenants herein contained the parties hereby agree as follows: 1. The Bylaws shall be amended as follows: Article I, Section (b) shall be a~ended to read as follows: "(b) The fiscal year of the Corporation shall be October I through September 30." Article%-/, Se~tion (d) shall be amended to read es follows: "(d) A review of the accounts of the Corporation shall be made annually by an accountant to be selected by the Board of Directors, and a copy of the report shall be furnished to each member not later than four months after the end of the year for which the report is made." IN WITNESS WHEREOF, the parties have heretofore entered into this Amendment on the day and year first above written. DELRAY BEACH COMMUNITY REDEVELOPMENT By: f " ;/ Kevi~..E~;n, Chairman CITY OF DELRAY BEACH . '~h~as Lynch, Mayor Attest: City Clerk/ O o,. OpOMI.,UN ~e~£n Egan .,.~' ~ :'>-,/x :'!,," A Christopher J. Brown David Harden MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER~ 1 SUBJECT: AGENDA ITEM ~ ~'~/'- MEETING OF FEBRUARY 20. 1996 RESOLUTION NO. 16-96/INTERNATIONAL BACCALAUREATE MIDDLE SCHOOL YEARS PROGRAM AT CARVER MIDDLE SCHOOL DATE: FEBRUARY 16, 1996 This is before the Commission to adopt a resolution in support of a plan to institute the International Baccalaureate Middle School Years program at Carver Middle School to serve as a feeder school for the program at Atlantic High School. The goal would be to establish the program beginning with fiscal year 1997. For the reasons outlined in the resolution and accompanying letter from the Mayor, I recommend approval of Resolution No. 16-96. ref:agmemo6 RESOLUTION NO. 16-96 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, SUPPORTING THE APPLICATION FOR AND INSTITUTION OF AN INTERNATIONAL BACCALAUREATE MIDDLE SCHOOL YEARS PROGRAM AT CARVER MIDDLE SCHOOL, AND REQUESTING THE SCHOOL BOARD OF PALM BEACH COUNTY TO APPROVE THIS PROGRAM FOR FISCAL YEAR 1997; PROVIDING AN EFFECTIVE DATE. WHEREAS, on November 21, 1995, the School Board of Palm Beach County identified Carver Middle School as a site for the International Baccalaureate Middle School Years Program to serve as a feeder school for the program at Atlantic High School; and WHEREAS, the administration at Carver Middle School is desirous of instituting this program and is submitting an application for same; and WHEREAS, two International Baccalaureate Middle School Years Programs exist at John F. Kennedy and Roosevelt Middle Schools, but no such program has been established in South County; and WHEREAS, Carver Middle School has established a good working relationship with Atlantic High School's International Baccalaureate Program; and WHEREAS, Carver Middle School has a successful business partnership with local companies and local government; and WHEREAS, Carver Middle School is uniquely positioned geographically for the program to enable greater educational equity and opportunity; and WHEREAS, elements required for the program are already in place at Carver Middle School (i.e. teachers who meet program requirements, high tech equipment and programs). NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: ~ctioD 1~ That the City Commission of the City of Delray Beach hereby supports the application and plan for an International Baccalaureate Middle School Years Program at Carver Middle School, and requests the School Board of Palm Beach County to approve this program for fiscal year 1997. Section 2. That this resolution shall take effect immediately upon passage. PASSED AND ADOPTED in regular session on this the 20th day of February, !996. ATTEST: - ~City ~l~rk t - 2 - Res. No. 16-96 DELRAY BEACH ~ ~C,E ', ~',' ~: ~EI,~E , DE,..~,AY E~E,:,3. H F_,_'~.~ ",' 334/4 . /27;£zZ ~ February 21, 1996 19q~, School Board The School District of Palm Beach County, Florida 3340 Forest Hill Boulevard West Palm Beach, Florida 33406 Dear Members of the School Board: The Delray Beach City Commission recommends approval of a plan to institute the International Baccalaureate Middle School Years program at the new Carver Middle School in Delray Beach. The school has already established a good working relationship with Atlantic High School's I.B. program. This benefits area students in preparing them to enter the pro~ram. Carver has had a successful business partnership with local companies, an important aspect of the community's support. The school is also uniquely positioned geographically, to enable greater educational equity and opportunity. In addition, the high tech equipment required for the program is in place already and most of the faculty is on board that meets program requirements. We ask that you ~ive this plan your full consideration, as we feel that Carver Middle School makes an excellent candidate for the International Baccalaureate Middle School Years program. Attached is a resolution passed by the City Commission on February 20, 1996, supporting the estabhshment of this program. Thank you for your assistance in this matter. Sincerely, ' ~Thomas E. Lynch Mayor TEL:kwg File:u:graham/ccom Doc.:midschib.ltr MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS SUBJECT: AGENDA ITEM ~ o- ' - MEETING OF FEBRUARY 20. 1996 RESOLUTION NO. 17-96 IN SUPPORT OF LEGISLATIVE FUNDING FOR FLORIDA BEACH PROJECTS DATE: FEBRUARY 14, 1996 We have received a request from the Florida Shore & Beach Preservation Association (FSBPA) to adopt a resolution in support of more dollars for beaches and a dedicated funding source for their long-term preservation and repair. Competing for state dollars is increasingly difficult, and FSBPA feels it is imperative that local governments actively demonstrate to our legislative delegation members the importance and priority of funding beach erosion control activities. The recommendations of the resolution are designed to help local government implement beach and inlet projects by (1) insuring state matching funds are available in a timely manner, and (2) giving local governments "credit" in legislative funding priorities when they "loan" federal matching money to get a project moving quickly to cope with an emergency. The Florida Shore & Beach Preservation Association is asking that the resolution be adopted and sent to every member of our legislative delegation, as well as other key legislators, prior to March 5, 1996, which is the opening day of the 1996 legislative session. Recommend approval of Resolution No. 17-96 in support of legislative funding for Florida beach projects. ref:agmemo4 RESOLUTION NO. 17-96 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRA¥ BEACH, FLORIDA, REQUESTING THE 1996 FLORIDA LEGISLATURE TO PROVIDE ADEQUATE FUNDING FOR THE PRESERVATION AND REPAIR OF THE STATE'S BEACHES, TO RECOGNIZE THE NEED FOR FUNDING NON-FEDERAL PROJECTS, AND TO IDENTIFY A LONG-TERM DEDICATED FUNDING SOURCE; PROVIDING AN EFFECTIVE DATE. WHEREAS, Florida's beaches are an important part of the quality of life in our community, providing aesthetic, environmental, hurricane mitigation and recreational benefits for our residents and tourists; and WHEREAS, beaches continue to be Florida's number one tourist attraction and are thus vital to our economic well-being, generating over $9 billion in beach-related sales annually and contributing a ripple effect to the Florida economy of over $16 billion; and WHEREAS, the Delray Beach City Commission recognizes that severe beach erosion continues to be a major problem in Florida, with coastal development threatening this important natural resource; and WHEREAS, federal funding for beach and inlet projects is declining, resulting in delays in implementing needed erosion control projects and putting more pressure on state and local sources; and WHEREAS, since navigation inlets cause some 80% of beach erosion in Florida, the most cost-effective way to reduce erosion is to recapture sand from inlets and place it on the eroded downdrift beaches; and WHEREAS, as a matter of longstanding policy, the Legislature has given priority to funding those beach and inlet projects which have substantial federal matching money; and WHEREAS, the State Legislature has historically demonstrated a commitment to the preservation of Florida's beaches, and now must recognize the critical environmental and economic need to maintain or repair our beaches, with or without the financial assistance of the federal government. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: $gction 1, That the City Commission of the City of Delray Beach requests that the State Legislature provide adequate annual funding to carry out a statewide comprehensive beach management program to protect Florida's remaining pristine beaches and repair those that are severely damaged, and consider the Department of Environmental Protection's 1996/97 budget request of $36.8 million. ~ction 2, That the Delray Beach City Commission further requests that since navigation inlets are the primary cause of beach erosion in Florida, that the Legislature, in its beach management funding strategy, give equal priority to inlet sand bypassing as it does to traditional beach nourishment projects. $gction 3. That the Delray Beach City Commission further requests that in cases where the federal government has not yet appropriated matching funds for projects, and where local governments are willing to "loan" the federal share in order to deal quickly with an urgent erosion problem, the Legislature, as a matter of policy, will consider such "loans" by local governments to be the equivalent of the federal matching share for the project. Section 4. That the Delray Beach City Commission finally requests that the State Legislature give serious consideration to identification of and dedication of a fair and stable source of long-term funding to fully implement a statewide beach management program for preserving and restoring Florida's threatened sandy beaches. Section 5. That this resolution shall take effect immediately upon passage. PASSED AND ADOPTED in regular session on this the 20th day of February, 1996. ATTEST: City Cl~rk - 2 - Res. No. 17-96 FLORIDA SHORE& BEACH os,  l'ollohCkqsee. I:lof~Oo 32301 P R E S E R V A T I O N A :3 S ,D ,,3 I ,z',, ] , C) N c,m) 222-?0?7 · (904) 501-1172 FAx a league of RECEIVED To: FSBPA MEMBER GOVERNMENTS FE§ - § 1996 C.A,,U^N City Managers/County Administrators · Robert Dear, CITY M-~' .nr-.~ OIrFIP, F university of Florida ' - - v~c~ CHA~R~A. From: Debbie Flack. Director of Governmental Relations Bdon Flynn Dodo Coum¥ ~tc,~A,V-~RtASu,t, Date: February 1. 1996 Robed Clinger Palm Beach County ~,t$~.~N~ Subject: Draft resolution in support of Legislative Funding for Florida Start Ioit ~o,,o~o~oe beach projects. DIRECTORS Richard Davis University at South Florida Bruno Fal~(enslem st. Pet~rs~,g B~o~ We are urging your elected commission to adopt a resolution in support of Steve Higg,n, more dollars for beaches and a dedicated funding source for their long-term BrowOrd County ~o,~n ~o.~s preservation and repair. Competing for state dollars is increasingly ~o,~ Beoo~ co~n,~difficult. It is imperative that local governments vocally demonstrate to ~o,~ol~, ~,o~,,~ their legislative delegation members the importance and priority of funding Porl Cor3overol De~.~,~ Nor,o.,beach erosion control activities. Sar, r° Rosa idaho Aulhol~ly ~o,,~ *,~ro,o The recommendations of this resolution are designed to help local Broo~nlon B¢och government implement beach and inlet projects by: Wilhom Slronoe Florida Aliontic University · Insuring state matching funds are available in a thnely manner. John Walker Delray BeaCh ~oho~, ~o,,~er. ~.E * giving local govements "credit" in legislative funding priorities when ~x omc,o they "loan" federal matching money to get a project moving quickly to Al Devereoux Florida DEP cope with an emergency. Eddie SaJern Cor.s o, t.~i.ee,s Obviously, to be most effective this resolution should be adopted prior to 'Iota CoFnpbell Eh, Olser, March 5.1996, the opening day of session, and transmitted to every ~on~So~O,ter member of your legislative delegation. You may also wish to send a copy CHAIRMAN EMERIIU5 ^,e~ ~en B,o~,~ to the following legislators: Sonit:)el Island Memorandum to City Managers/County Administrators Page 2 · Senator Jim Scott President of the Florida Senate The Capitol, Rm 308 SOB Tailahassee, Florida 32399-1100 · Senator Mario Diaz-Balart Senate Ways & Means Committee, Chairman The Capitol, Rm 334 SOB Tallahassee, Florida 32399-1100 · Senator W. D. Childers The Capitol, Rm 205 SOB Tallahassee, Florida 32399-1100 · Representative Peter Wallace Speaker of the House of Representatives The Capitol, Rm 420 C Tallahassee, FL 32399-1300 · Representative Buzz. Richie House Appropriations Committee, Chairman The Capitol, Rm 221 C Tallahassee, Florida 32399-1300 · Represemative Randy Mackey House Appropriations General Government Subcommittee, Chairman The Capitol, Rm 221 C Tallahassee, Florida 32399-1300 MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM:CITY 1 SUBJECT: AGENDA ITEM # - MEETING OF FEBRUARY 20, 1996 RESOLUTION NO. 18-96 DATE: FEBRUARY 16, 1996 This is a resolution assessing costs for abatement action required to remove nuisances on 28 properties located within the City. The resolution sets forth the actual costs incurred and provides the mechanism to attach liens on these properties in the event the assessments remain unpaid. Recommend approval of Resolution No. 18-96 assessing costs for abating nuisances on 28 properties within the City. RESOLUTION NO. 18-96 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PURSUANT TO CHAPTER 100 OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, ASSESSING COSTS FOR ABATING NUISANCES UPON CERTAIN LAND(S) LOCATED WITHIN THE CITY OF DELRAY BEACH AND PROVIDING THAT A NOTICE OF LIEN SHALL ACCOMPANY THE NOTICE OF ASSESSMENT; SETTING OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH ABATEMENT AND LEVYING THE COST OF SUCH ABATEMENT OF NUISANCES; PROVIDING FOR AN EFFECTIVE DATE AND FOR A DUE DATE AND INTEREST ON ASSESSMENTS; PROVIDING FOR THE RECORDING OF THIS RESOLUTION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE SUBJECT PROPERTY FOR UNPAID ASSESS- MENTS. WHEREAS, the City Manager or his designated representative has, pursuant to Chapter 100 of the Code of Ordinances, declared the exis- tence of a nuisance upon certain lots or parcels of land, described in the list attached hereto and made a part hereof, for violation of the provisions of Chapter 100 of the Code of Ordinances; and, WHEREAS, pursuant to Section 100.20, 100.21 and 100.22 of the Code of Ordinances of the City of Delray Beach, the City Manager or his designated representative has inspected said land(s) and has determined that a nuisance existed in accordance with the standards set forth in Chapter 100 of the Code of Ordinances, and did furnish the respective owner(s) of the land(s) described in the attached list with written notice of public nuisance pursuant to Sections 100.20, 100.21 and 100.22 of the Code of Ordinances describing the nature of the nuisance(s) and sent notice that within ten (10) days from the date of said notice forty-two (42) days in the case of violation of Section 100.04 pertain- ing to seawalls) they must abate said nuisance, or file a written request for a hearing to review the decision that a nuisance existed within ten (10) days from the date of said notice, failing which the City of Delray Beach would proceed to correct this condition by abating such nuisance, and that the cost thereof would be levied as an assess- ment against said property; and, WHEREAS, the property owner(s) named in the list attached hereto and made a part hereof did fail and neglect to abate the nuisance(s) existing upon their respective lands or to properly request a hearing pursuant to Section 100.21 and 100.22 within the time limits prescribed in said notice and Chapter 100 of the Code of Ordinances, or if the property owner(s) did request and receive a hearing, said prop- erty owner(s) failed and/or neglected to abate such nuisance(s) within the time designated at the hearing wherein a decision was rendered adverse to the property owner(s); and, WHEREAS, the City of Delray Beach, through the City Administra- tion or such agents or contractors hired by the City Administration was therefore required to and did enter upon the land(s) described in the list attached and made a part hereof and incurred costs in abating the subject nuisance(s) existing thereon as described in the notice; and, WHEREAS, the City Manager of the City of Delray Beach has, pursuant to Chapter 100 of the Code of Ordinances of the City of Delray Beach, submitted to the City Commission a report of the costs incurred in abating said nuisance(s) as aforesaid, said report indicating the costs per parcel of land involved; and, WHEREAS, the City Commission of the City of Delray Beach, pursuant to Chapter 100 of the Code of Ordinances desires to assess the cost of said nuisance(s) against said property owner(s), NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That assessments in the individual amounts as shown by the report of the City Manager of the City of Delray Beach, involving the City's cost of abating the aforesaid nuisances upon the lots or parcels of land described in said report, a copy of which is attached hereto and made a part hereof, are hereby levied against the parcel(s) of land described in said report and in the amount(s) indicated thereon. Said assessments so levied shall, if not paid within thirty (30) days after mailing of the notice described in Sec. 3, become a lien upon the respective lots and parcel(s) of land described in said report, of the same nature and to the same extent as the lien for general city taxes and shall be collectible in the same manner as mortgages and fore- closures are under state law. Section 2. That such assessments shall be legal, valid and binding obligations upon the property against which said assessments are levied. Section 3. That the City Clerk of the City of Delray Beach is hereby directed to immediately mail by first class mail to the owner(s) of the property, as such ownership appears upon the records of the County Tax Assessor, notice(s) that the City Commission of the City of Delray Beach on the has levied an assessment against said property for the cost of abatement of said nuisance by the City, and that said assessment is due and payable within thirty (30) days after the mailing date of said notice of assessment, after which a lien shall be placed on said property, and interest will - 2 - Res. No. 18-96 accrue at the rate of 8% per annum, plus reasonable attorney's fees and other costs of collecting said sums. A Notice of Lien shall be mailed, along with the Notice of Assessment and this resolution. Section 4. That this resolution shall become effective thirty (30) days from the date of adoption and the assessment(s) contained herein shall become due and payable thirty (30) days after the mailing date of the notice of said assessment(s), after which a lien shall be placed on said property(s), and interest shall accrue at the rate of eight (8) percent per annum plus, if collection proceedings are necessary, the costs of such proceedings including a reasonable attorney's fee. Section 5. That in the event that payment has not been received by the City Clerk within thirty (30) days after the mailing date of the notice of assessment, the City Clerk is hereby directed to record a certified copy of this resolution in the public records of Palm Beach County, Florida, and upon the date and time of recording of the certified copy of this resolution a lien shall become effective on the subject property which shall secure the cost of abatement, interest at the rate of 8%, and collection costs including a reasonable attorney's fee. PASSED AND ADOPTED in regular session on this the day of , 1996. MAYOR ATTEST: City Clerk - 3 - Res. No. 18-96 COST OF ABATING NUISANCES UNDER CHAPTER 100 OF THE CODE OF ORDINANCES PROPERTY DESCRIPTION OWNER ASSESSMENT LOT 3, BLOCK 47, TOWN ROBERT G. & PATRICIA ALLEN $ 51.00 OF DELl{AY, PB 12, P 81, 206 SW 2ND AVENUE 70.00 (ADM. COST PUBLIC RECORDS OF PALM DELRAY BEACH, FL 33444 BEACH COUNTY, FL (206 SW 2ND AVENUE) LOTS 6 & 7, BLOCK 15, LUCIUS SIMMONS $ 51.00 TOWN OF DELRAY, PB 13, 1301 KANAB AVENUE NW 70.00 (ADM. COST P 18, PUBLIC RECORDS OF PALM BAY, FL 32907 PALM BEACH COUNTY, FL (SW 7TH AVENUE) LOT 4, BLOCK 23, TOWN ELEANORE S. WILSON ESTATE $ 92.00 OF DELRAY, PB 10, P 69, c/o MARK PERRY, ATTORNEY 70.00 (ADM. COST PUBLIC RECORDS OF PALM 50 SE 4TH AVENUE BEACH COUNTY, FL DELRAY BEACH, FL 33483 (214 SW 5TH AVENUE) LOT 14, NICHOLS 2ND MOLLIE K. BOWLES $ 51.00 ADDITION TO DELRAY 304 SW 7TH STREET 70.00 (ADM. COST BEACH, PB 21, P 70, DELRAY BEACH, FL 33444 PUBLIC RECORDS OF PALM BEACH COUNTY, FL (304 SW 7TH STREET) LOT 14 & El/2 OF ANDREA MOREIRA $ 75.93 LOT 15, BLOCK 5, 230 NE 12TH STREET 70.00 (ADM. COST DELL PARK, PB 8, P 56, DELRAY BEACH, FL 33444 PUBLIC RECORDS OF PALM BEACH COUNTY, FL (230 NE 12TH STREET) El5' OF LOT 2, BLOCK 5, J. L. & MARGARET PATTERSON $ 33.00 OSCEOLA PARK, PB 3, 4517 TENELLA ROAD 70.00 (ADM. COST P 2, PUBLIC RECORDS OF NEW BERN, NC 28562-7643 PALM BEACH COUNTY, FL (SE 5TH STREET) LOT 2, BLOCK A, CARVER JULIA SIMMS $ 56.00 MEMORIAL PARK SUB., 204 NW 13TH AVENUE 70.00 (ADM. COST PB 20, P 56, PUBLIC DELRAY BEACH, FL 33444 RECORDS OF PALM BEACH COUNTY, FL (204 NW 13TH AVENUE) - 4 - RES. NO. 18-96 LOT 8, BLOCK 7, PAMELA D. STEVENS $ 11.93 CHATELAINE NO. 1, 420 N. FEDERAL HWY. # 408 70.00 (ADM. COST) PB 29, P 95, PUBLIC BOYNTON BEACH, FL 33435 RECORDS OF PALM BEACH COUNTY, FL (3607 CHATELAINE BLVD. ) LOT 22, BLOCK 32, TOWN J. W. & MARGARET YOUNG $ 43.00 OF DELRAY, PB 1, P 3, 317 SW 5TH AVENUE 70.00 (ADM. COST) PUBLIC RECORDS OF PALM DELRAY BEACH, FL 33444 BEACH COUNTY, FL (SW 4TH AVENUE) El/8 OF W1/2 OF N1/2 KENNETH AUSTIN $ 56.00 OF LOT i/LESS N1/2, 807 14TH STREET 70.00 (ADM. COST SUB. OF SEC. 20-46-43, WEST PALM BEACH, FL PB 28, P 68, PUBLIC 33401-2505 RECORDS OF PALM BEACH COUNTY, FL (SW 6TH AVENUE) LOT 1, BLOCK 9, FERMIN GONZALEZ $ 51.00 SOUTHRIDGE, PB 13, 1336 N. FEDERAL HWY. ~130 70.00 (A/DM. COST P 38, PUBLIC RECORDS DELRAY BEACH, FL 33483-5920 OF PALM BEACH COUNTY, FL (SOUTHRIDGE ROAD) SOUTHRIDGE, LOTS 10 & JAMES F. BENNETT $ 56.00 15, BLOCK 7, PB 13, 11407 FLINT LANE 70.00 (ADM. COST P 30, PUBLIC RECORDS BOKEELIA, FL 33922-3011 OF PALM BEACH COUNTY, FL (615 SOUTHRIDGE ROAD) TOTTERSDALE ADDITION DIANNA BAR_AN & $ 48.00 S10' OF LOT 18 & LOT REINHARD BARAN H/W 70.00 (ADM. COST 18 & LOT 19, BLOCK 4, 1310 LAKE DRIVE PUBLIC RECORDS OF DELRAY BEACH, FL 33444-3046 PALM BEACH COUNTY, FL (1310 LAKE DRIVE) WEST SIDE HEIGHTS, STRAGHN ENTERPRISES $ 56.00 DELRAY, LOT 4, BLOCK A, OF DELRAY BEACH, INC. 70.00 (ADH.COST) PB 13, P 61, PUBLIC 26 SW 5TH AVENUE RECORDS OF PALM BEACH DELRAY BEACH, FL 33444 COUNTY, FL (NW 10TH AVENUE) - 5 - RES. NO. 18-96 ODMANNS SUB., LOT 19, MILDRED BURROUGHS $ 64.00 BLOCK 1, PB 4, P 53, 243 BILBOA STREET 60.00 (A_DM. COST PUBLIC RECORDS OF ROYAL PALM BEACH, FL PALM BEACH COUNTY, FL 33411-1312 (NW 13 TH AVENUE ) TOWN OF DELRAY, S150' FRED D. MC COY & $ 64.00 OF W135.5' OF BLOCK 26, AMERIFIRST 70.00 (ADM. COST PB 5, P 64, PUBLIC 17500 NW 68TH AVENUE # 210 RECORDS OF PALM BEACH HIALEAH, FL 33015-4044 COUNTY, FL (415 NW 2ND STREET) RESUB OF BLOCK 17, CHEMICAL RESIDENTIAL MTG.CORP. $ 24.00 DELRAY BEACH, LOT 9, c/o JOSEPH M. PANIELLO 70.00 (ADM. COST) BLOCK 17, PB 21, P 90, P.O. BOX 2347 PUBLIC RECORDS OF TAMPA, FL 33601-2347 PALM BEACH COUNTY, FL (319 NW 6TH AVENUE) TOWN OF DELRAY, S150' H & HAZEL CLEM $ 51.00 OF E50' OF BLOCK 18, 3 SUMMER STREET 70.00 (ADM. COST (LESS E20' R/W), PB 1, NORWALK, CT 06851-4503 P 3, PUBLIC RECORDS OF PALM BEACH COUNTY, FL (NW 2ND STREET) ATLANTIC PARK GARDENS, J. D. & EARLINE MONROE $ 51.00 DELRAY, LOT 19, BLOCK 32 EARL STREET 70.00 (ADM. COST 2, PB 14, P 56, PUBLIC HA/~TFORD, CT. 06120-1714 RECORDS OF PALM BEACH COUNTY, FL (39 SW 13TH AVENUE) DELL PARK, LOTS 3 & 4, RICHARD A. COURT $ 72.00 BLOCK 8, PB 8, P 56, 1012 NE 3RD AVENUE 70.00 (ADM. COST PUBLIC RECORDS OF DELRAY BEACH, FL 33444-4025 PALM BEACH COUNTY, FL (1012 NE 3RD AVENUE) TOWN OF DELRAY, N69.5' DOROTHY MAGER $ 56.00 OF LOT 9, BLOCK 78, c/o GARTH MAGER 70.00 (ADM. COST PB 1, P 3, PUBLIC 1704 HIGH RIDGE ROAD RECORDS OF PALM BEACH LAKE WORTH, FL 33461-2347 COUNTY, FL (319 NW 2ND AVENUE) RESUB OF BLOCK 17, CHEMICAL RESIDENTIAL MTG.CORP. $ 48.00 DELRAY BEACH, LOT 9, c/o JOSEPH M. PANIELLO 70.00 (ADM. COST BLOCK 17, PB 21, P 90, P.O. BOX 2347 PUBLIC RECORDS OF TAMPA, FL 33601-2347 PALM BEACH COUNTY, FL (319 NW 6TH AVENUE) - 6 - RES. NO. 18-96 OSCEOLA PARK, S10.5' JEAN A. & MARLEINE C. DORILAS $ 24.00 OF LOT 23, LOT 24 & 924 SE 3RD AVENUE 70.00 (ADM. COST) N9.75' OF LOT 25, DELRAY BEACH, FL 33483 BLOCK 10, PB 3, P 2, PUBLIC RECORDS OF PALM BEACH COUNTY, FL (924 SE 3RD AVENUE) CHATELAINE NO. 1, PAMELA B. STEVENS $ 99.00 LOT 8, BLOCK 7, PB 29, 420 N. FEDERAL HWY. # 408 70.00 (ADM. COST) P 95, PUBLIC RECORDS BOYNTON BEACH, FL 33435 OF PALM BEACH COUNTY, FL (3607 CHATELAINE BLVD. ) A. J. JOHNSON SUB., ANTONY. FOSTER & $ 43.00 W1/2 OF LOT 12, PB 20, LAURA W. STEPHENS, EST. 70.00 (A/DM. COST) P 57, PUBLIC RECORDS 2998 NW 83RD TERRACE OF PALM BEACH COUNTY,FL MIAMI, FL 33147-0446 (VACANT LOT NW 13 TH AVE) A. J. JOHNSON SUB., LAURA W. STEPHENS, EST. $ 51.00 El/2 OF LOT 12, PB 20, 2998 NW 83RD TERRACE 70.00 (ADM. COST) P 57, PUBLIC RECORDS MIAMI, FL 33147-4046 OF PALM BEACH COUNTY, FL (VACANT LOT NW 13 TH AVE) SUNSET PARK, DELRAY, ENIQUE C. & AMPARO RAMOS $ 51.00 LOT 51, PB 12, P 65, c/o PABLO & JANIE T. RAMOS 70.00 (ADM. COST) PUBLIC RECORDS OF 5250 BENJAMIN AVENUE PALM BEACH COUNTY, FL BOYNTON BEACH, FL 33437 (1015 MANGO DRIVE) SUB. OF SEC. 4-46-43, RAJESI4 PATEL $ 47.00 W130' OF E170' OF N150' 9082 CAVATINA PLACE 70.00 (A/DM. COST) OF S290' OF NWl/4 OF BOYNTON BEACH, FL 33437-5129 SW1/4 OF SW1/4, PUBLIC RECORDS OF PALM BEACH COUNTY, FL (2228 NO. SEACREST BLVD) VIOLATION IS: SEC. 100.01 LAND TO BE KEPT FREE OF DEBRIS, VEGETATION, MATTER CONSTITUTING HAZARDS; DECLARED NUISANCE. - 7 - RES. NO. 18-96 MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER Zi~'~ QQNTRACT AMENDMENT SI/FLORIDA ENERGY EFFICIENT WATER PROJECT (FEEWP) DATE: FEBRUARY 15, 1996 On September 19, 1995, Commission approved a contract with the Tri-County Community Council, Inc. for the Florida Energy Efficient Water Project (FEEWP). The program involves the construction of water system improvements to increase energy efficiency of our system operations. It is a matching fund grant program, with FEEWP providing 50% funding for recommended improvements per their previously performed utility system audit. The initial contract was for installation of premium efficiency motors on two decant recovery pumps at the Water Treatment Plant at a cost of $4,623.00 (50% City cost $2,311.50). The proposed contract amendment is for improvements recommended as a result of an audit of the City's wastewater transmission system, and involves cleaning approximately 50,000 linear feet of sewer force main in nine lift station basins. This process has never been performed on these lines. The total project cost is $182,767.00, of which $166,510.00 qualifies for 50% funding from the Tri-County Community Council. Hence, the City's total cost is $83,255 (50% of program allowance) plus $16,257 unqualified cost, for a total of $99,512.00. Energy savings due to the rehabilitation are calculated at $19,500 annually over the program ten year payback period. The work will be performed by Professional Piping Services, Inc. under the terms of their current State contract. Funding is available from R&R Account #442-5178- 536-34.90 (Other Contractual Services). You will recall, a condition of the contract is that the City is required to deposit 50% of the funded amount with FEEWP. Upon completion of the improvements and post-construction energy auditing by FEEWP, our contribution is channeled to a low income housing improvement program and the funds are used within the city for water conservation in low income households. This includes repairs and/or upgrades to plumbing systems, such as plumbing fixtures, appliances, etc. Recommend approval of Contract Amendment #1 with the Tri-County Community Council, Inc. for the Florida Energy Efficient Water Project. ref:agmemo5 ~ JT~ ~ Agenda Item No. ~'~' AGENDA REQUEST Date: 02/13/95 XX Regular Agenda __ Special Agenda m Workshop Agenda When: 02/20/96 Description of item (who, what, where, how much): Staff requests Commission approval of Contract Amendment #1 to the City's contract with the Th-County Community Council, Inc. in conjunction with The Florida Energy Efficient Water project in the amount of $166,510.00 and approval for piggybacking a current State Contract for Professional Piping Services, Inc. in the amount of $16,257.00 for performing cleaning of approximately 50,000 feet of sewer transmission mains in City systems. Total City cost with 50% of Contract Amendment amount is $99,512.00 with calculated energy savings amounting to approximately $19,500.00 annually. Funding is from R&R Account 442- 5178-536-34.90 (Budget transfer attached). ORDINANCE/RESOLUTION REQUIRED: YES NO ATrACHED YES NO Recommendation: Staff recommends approval of Contract Amendment #1 with Tri-County Commumty Council and piggyback of State Contract withProfgssional Piping Services. DEPARTMENT HEAD SIGNATURE: ,~/~/~,/~~/ ~ Determination of Consistency with Comprehensive Plan: ComprehensivePlan: City Attorney Review/Recommendation (if Applicable). Budget Director Review (required~on all items4avolvi~g expenditure of funds): Funding available ~0 Funding alternatives (if applicable) Account No. & Description: L~L~L Account Balance: · City Manager Review: Approved for agenda:~NO y,~/~/~ Hold until: Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved MEMORANDUM TO: David T. Harden, City Manager FROM: Richard C. Hasko, P.E., Deputy Director of PU SUBJECT: FLORIDA ENERGY EFFICIENT WATER PROJECT (FEEWP) CONTRACT AMENDMENT #1 DATE: February 13, 1996 Attached is a copy of Amendment #1 to the City's current contract with the Tri-County Community Council in conjunction with the Florida Energy Efficient Water Project (FEEWP). The current contract for improvements based on the water system audit includes upgrading motors for the two washwater recovery basin pumps at the Water Treatment Plant to premium efficiency motors. Contract cost of these improvements is $4,623.10 with the City's cost at a 50% participation level being $2,311.50. The subject contract Amendment proposes recommended system improvements resulting from an audit of the City's wastewater transmission system. The proposal is for cleaning approximately 50,000 linear feet of sewer force main in nine lffi stations basins at a total cost of $182,767.00. Post cleaning energy savings over the program ten year pay back period are calculated at approximately $19,500.00 annually predicated on reduced energy requirements for pumping sewage through the rehabilitated transmission mains. Of the $182,767.00 project cost, $166,510.00 qualifies for 50% funding from Tri-County Community Council. The City's cost of this Contract Amendment totals $99,512.00. This figure includes 50% of the program allowance for the work ($83,255.00) which will be payable to Tri-County upon approval of the amendment, and 100% of the difference between the project cost and program allowance ($16,257.00). The work will be performed by Professional Piping Services Inc. under the terms of their current State Contract. This Amendment will increase the total contract amount to $171,133.00 and the City's cost to $85,566.50, excluding the $16,257.00 unqualified cost. Given the age of the transmission mains proposed for cleaning and the fact that this process has never been performed on these lines, staff supports the approval of the subject contract amendment. We are requesting City Commission approval of Contract Amendment #1 as described herein and approval for piggybacking the current State Contract for Professional Piping Services in the amount of $16~L57.00. Funding will be from R&R Account #442-5178-536-34.90, Other Contractual Services (Budget transfer attached). Please place this item on the February 20 Agenda for City Commission consideration. RCH: jem c: William H. Greenwood Jackie Rooney o~-"",~ l'rm-Count¥ Communmt¥ ¢ounoml reno ~ ,, ~ ~ 301 No~h Oklahoma Street, Bonifay, FL 32425 I~~~ '~~0,, ;.4)5~..u · ;,x (so4~ s4~..0~ · Too m04) ~ C. ~ Je~ %~ ~ S~ Ex~ve ~r "HELPING PEOP~ HELP THEMSELVES" Ianuary 17, 1996 434 South Swinton Avenue ..' ':;;~ ? ~',' ~,: -...~- ... '. Delray Beach, Florida 37.~.~. ' -...,: ,~.'..... RE: FLORIDA ENERGY EFFICIENT WATER PROJECT (FF. EWP) Dear Mr. Hasko: Enclosed, for execution, are three (3) copies of Amendment #1 to the Contract with the Florida ~ Efficient Water PrOject (FEEWP). This Amendment changes the following: 1: AMOUNT OF CONTRACT: FROM: $ 4,~23.00 TO: $171,133.00 1: AMOUNT OF MATCH: FROM: $ 1,~11.$~ - *.. -'~ TO: $ 85,566.50 (NOTE: MATCH PAID: $2,311.$0 / MAI'CH BALANCE: $83,255.00) 3: EXP]]LATION DATE: PROM: 03/15/96 TO: 04/15/96 4: SCOPE OF WORK: WATER 1: In~ll a premium efficiency motor on decant recovery pumps #1 and ~2 at Water Treatment Plant (IM,623.00). NOTE: When motor replacement is recommended, the premium efficiency motor will have the same brake horsepower rating as the existing motor. The budget for premium efficiency motor replacement includes: premium efficiency motor, freight, installation, and start-up. C:\WP60\FEEWP~AMEND#1.DB PAGE TWO PAGE 5. ARTICLE V (CONSIDERATION FOR SERVICES), SENTENCE #1: The Prime Contractor agrees to provide line cleaning and leak detection services and other energy conservation measures to the Subgrantee for a sum not to exceed $171,133.00. PAGE 6. ARTICLE IX (PERIOD OF CONTRACT): This Contract shall begin upon execution by both parties, and end no later than April 15, 1996. This Amendment will be effective on the date signed by both parties. Executed in the presence of: TRI-COUNTY COMMUNITY COUNCIL, INC. By: Date: Joel Paul Executive Director ("The Prime Contractor') CITY OF DELRAY BEACH, FLORIDA By: Date: Thomas Lynch Mayor of Delray Beach ("The Subgrantee") C:\WP60\FEEWP\CONTAMND.DB · · · Tn-County Community .Counml, Inc. ~oOe'* c°%o~ 301 .orth Oklahoma Street, Bomfay, FL 32425 . Phone (904) 547-3688 · Fax (904) 547-9806 · TOD (904) 547-9505 , ~ ~ Chai~an Tr~er 4 ~ Hnlan Ca.er B~ R~o~  Vic~Ch~an M~b~-at-~e Chrl~ C. Ha~ Je~ ~d ~. ~ S~re~ Ex~lve ~r~or "HELPING PEOPLE HELP THEMSELVES" February 6, 1996 Mr. Richard C. Hasko, P.E. Deputy Director of Public Utilities 434 South Swinton Avenue Delray Beach, Florida 33~.~.~. -- RE: FLORIDA ENERGY EFFICIENT WATER PROJECT (FEEWP) Dear Mr. Hasko: Roger Cimbora, Professional Piping Services (PPS), has requested that I provide you with the following statement regarding your FEEWP contract: Statement A subsequent review of the calculations for energy savings for the work proposed to be completed at your wastewater system will be $194,950.00 -- not the $166,510.00 as represented by the original grant offer. Sincerely, kcy H. Wheeler Program Director / FEEWP 1391 Timberlane Road, Suite 102 Tallahassee, Florida 32312 Phone: 904/668-2752 Fax: 904/668-1032 cc: Roger Cimbora (PPS) c:\wp60\feewp\dekay.es CONTRACTUAL AGREEMENT AMENDMENT//1 BETWEEN TRI-COUNTY COMMUNITY COUNCIL, INC. AND CITY OF DELRAY BEACH, FLORIDA This Amendment to the Contractual Agreement between Tri-County Community Council, Inc. and the City of Delray Beach, Florida is to amend the FLORIDA ENERGY EFFICIENT WATER PROJECT Contract as follows: PAGE 3/4/5, ARTICLE IV (DEFINITION, SCOPE AND QUALITY OF SERVICE), A. INTENT OF CONTRACT, SENTENCE//1: It is the intent of this Contract to fund energy conservation measures identified during the energy and water loss audits which have a simple payback of ten (10) years or less up to $171,133.00. PAGE 3/4/5, ARTICLE IV (DEFINITION, SCOPE AND QUALITY OF SERVICE) B. SCOPE OF WORK, SENTENCE//1: The Prime Contractor shall provide the following services for the Subgrantee: WATER 1: Install a premium efficiency motor on dec, ant recovery pumps #1 and //2 at Water Treatment Plant ($4,623.00). NOTE: When motor replacement is recommended, the premium efficiency motor will have the same brake horsepower rating as the existing motor. The budget for premium efficiency motor replacement includes: premium efficiency motor, freight, installation, and start-up. WASTEWATER 1: Designated force main cleaning -- lift stations 6, 11, 17, 18, 34, 50, 51, '58, and 80 ($166,510.00 offered toward force main cleaning project costing $182,767.00). NOTE: When force main cleaning is recommended, all site work, hot taps, and piping modifications required for the initial cleaning and future maintenance of these force mains will be provided. PAGE 3/4/$, ARTICLE IV (DEFINITION, SCOPE AND QUALITY OF SERVICE) B. SCOPE OF WORK, MATCH CATEGORY: The Subgrantee shall provide the following match: $85.566.50 Cash (PAID: $2,311.50 / BALANCE: $83,255.00) Mr. Richard C. Hasko lanuary 17, 1996 Page Two WASTEWATER 1: Designated force nudn clemdng - lift stations 6, 11, 17, 18, 34, 50, S1, 58, and 80 ($166,510.00 offered toward force main cleaning project costing $182,767.00). NOTE: Whm force main cleaning ts recommended, ali site work, hot tapa, and piping modifications required for the initial cleaning and future maintenance of tim2 force mains will be provided. "After all three (3) copies 0f.~ #1 have beou executed, please forward to Joel Paul, Executive Director, Tfi-County Community Council, Inc., 301 North Oklahoma Skeet, Bouffay, Florida 32425. A copy, with origiml signatures, will be returned to you for your files. 1391 Timbeflane Road, Suite 102 Tallahass~, Florida 32312 ~ Phone: 904/668-2752 Fax: 904/668-1032 "~ cc: 1oel Paul Annette Stewart Curtis Taylor Larry Roberson Roger Cimbora Crary Williams 1im Clifton 1anet Nudi Pepe Menendez Dan O'Lone An~ela Chelette c: \wp60\feewp\amendltr.db , · ~ TRI-COUNTY coMMUNITY COUNCIL, INC, JUL I 3o~ North Oklahoma Street ~.(,... I~onifay, Florida 32425 "~ ~{~l.,r;~-;,~,,'.-.i ...'.;,',,.'~, !.;;~, CONTRACT FOR SERVICES THIS CONTRACT is made between Tri-County Community Council, Inc., hereinafter referred to as the "Prill~e ~;0ntractor" and Professional Piping Services, Inc., hereinafter referred to as the "Subgrantee", WHEREAS, ~he SQbgrantee represents that it is professionally qualified, that it possesses the requisite skills, t~nowledge, qualifications and experience to provide the services described herein, and that it accepts the Prime Contractor's offer to perform such services for and on behalf of the Prime Contractor and WHEREAS. the Prime Contractor has a need for such services and does extend this offer to the Subgrantee uDon tho terms and conditions hereinafter set forth, A'iRTICLE i. COVENANT FOR SERVICES · T~e Prime Contractor does hereby retain the Subgrantee to perform the services as defined herein, and the S~bgrantee does hereby agree to perform such services for the Prime Contractor upon the terms and conditions s~t forth in this Contract. ARTICLE I1. CONDITIONS OF CONTRACT T}~;s Contract is subject to all applicable conditions referenced in the Department of Community Affairs' (D;,,partment) Contract #95-CS-1 F-02~42-04-205 between the Department and the Prime Contractor and those co ~ditions listed below, Waiver of any of these conditions must be upon the express written approval of the Prime Contractor, and such waiver shall be a part of this Contract. A, ! The Subgrantee shall not assign any interest in this Contract, and shall not transfer any interest in the same (whether by assignment or novation), without the prior written consent of the Prime Contractor. The subcontracting by the Subgrantee of any tasks specified in Article IV, Scope of Work, shall be subject, to the prior review and approval of the Prime Contractor. The Subgrantee shall furnish the Prime Contractor copies of any and all assignments, agreements or subcontracts connected with this Contract. B. Copies of ~11 reports, data, products and computer programs developed or obtained by the Subgrantee under the terms of this Contract shall be provided to the Prime Contractor upon completion of the .. services outlined in the Scope of Work, and throughout this Contract period when-such material is available, upon request of 'the Prime Contractor. At the discretion of the Prime Contractor. all : equipment and facilities purchased or developed by the Subgrantee with c3ntract funds shall be turned over to the P~rime Contractor or its designee at the end or upon termination of the project or, where appropriate, in accordance with the schedule designated by this Contract. C, The Subgrantee agrees to comply with the standard conditions of the contract between Tri-County Community Council, Inc, and the Florida Department of Community Affairs which is Attachment A of this contract, D. The Subgrant~e shall retain ali Contract financial and programmatic records and accounts, including property and personnel, as are deemed necessary .by the Prime Contractor or the Secretary of the United States Department of Energy to assure a proper accounting for all project funds. Those records will be made available upon request for audit purposes to the Prime Contractor, the Department of Energy or the Comptroller General of the United States and will be retained for ~-period of not less than three (3) years from the termination of agreement unless permission to destroy them is granted by both . the Prime Contractor and the Department of Energy. Bills for fees or other compensation for services or expenses shall be subrnitted in detail sufficient for a proper pre-audit and post-audit thereof, tf the Prime Contractor requests the examination of these records, such audit shall be made by either an independent accounting firm or by Prime Contractor accountants. The cost of the audit shall be the responsibility of the Prime Contractor. E. The Subgrahtee agrees to assist the Prime Contractor in complying with all applicable.regulations concerning the use of oil overcharge I'ecovery funds. No administrative overhead is allowed on oil overcharge monies. Expenditure of proceeds from the Contract shall be subject to OMB Circular No, A-110, "Grants and Agreements with Institutions of Higher Education, Hospitals, and other Nonprofit Organizations", and either OMB Circular No. A-87, "Cost Principles for State and Local Government", Or OMB CircUlar No. A-21, "Cost Principles for Educational Institutions". F. The Subgrantee shall permit the Prime Contractor, or its duly authorized representative, to monitor the project pertaining to this Contract as deemed necessary by the Prime Contractor. G. The Subgrantee warrants that no person, selling age~)cy, or other organization has been employed or retained to solicit or secure this Contract upon a contract or understanding for a commission, percentage, brokerage, or contingent fee. For breach or violation of the warrant, the Prime Contractor shall have the right to deduct from the cq.:~pensation, or otherwise to recover, the full amount of such commission, percentage, brokerage, or contingent fee. H. If any discovery or invention arises or is developed in the course of or as a result of work or services performed Under this Contract, or in any' wa.y connected herewith, the Subgrantee shall refer the discovery or invention to the Prime Contractor and determine whether patent protection will be sought in the name of the State of Florida. In the event [hat any books, manuals, films or other copyrightable materials are produced, the Subgrantee s½all notify the Prime Contractor. Any and all copyrights accruing under or in connection with the performance under this Contract ate hereby reserved to the State of Florida. i. The Subgrantee shall not publish results of its function and participation in Prime Contractor programs before completion of the project without prior approval from the Prime Contractor.' Such I~ublications shall acknowledge that the program is supported by funds granted by the Prime ContractOr. J. None of the funds, materials, property, or services contributed by the Prime Contractor or the Subgrantee under this Contract shall be used in tl~e performance of this Contract for any partisan political activity, or to further the electiort or defeat of any candidate for political office. K. There shall be no religious worship, instruction, or prosefytization as part of, or in connection with, the performanc6 of the Contract. L. The Subgrantee shall comply with all applicable laws, ordinances, and codes of state and local governments. Al: TICLE !11. AVAILABILITY OF I~UNDS Ne';withstanding other provisions of this Contract, the State of Florida's performance and obligation to pay un(ler this Contract is contingent upon an annual appropriation by the Legislature, pursuant to s. 216.311, Fla. St~. (1989), and the receipt of federal contract funds under which this Contract is made. ARTICLE IV. DEFINITION, SCOPE AND QUALITY OF SERVICE Thins Contract is a p~rt of the Florida Energy Efficient Water Project. 'TI- purpose of this project is to improve the energy efficiency of water and wastewater treatr~ent, processing, an( delivery sys*.enis through energy audits, line cleaning, leak detection, arid other energy conservation me ~sures. An additional goal of the project is to improve or extend water service to low-income households. Th~ participating system will be expected to provide matching resources for Io~-income households. Tfie Subgrantee, as part of thi3 project, shall perform and render es an independent consultant, and not as an eg',en.t, representative or employee of the Pf'irne Contractor, all the services described herein in a proper and satisfactory manner as determined by the Prime COntractor in its sole discretion. These services shall include th~ following: A.; Intent of Contract It Is the intent of this Contract that the Subgrantee perform the Line Cleaning required under the Contract between' the Depar'tfnent and the Prime Contractor and provide documentation of services performed and energy, savings resulting from the grant expenditure. B.I Scope of Work Th'e Subgrantee shall provide the following services to the Prime Contractor: 1, Attend meetings with Program Director and Prime Contractor regarding reporting structure, and to review systems included in program activities; 2. Perform line cleaning activities as required by the program Work Plan and Scope of Work in the Contract between the Department and the Prime Contractor with the approval of the Program Direbtor; 3. Pro,}ida monthly reports to Program DirectOr which should include: services rendered and data regarding cost and energy savings. AF:TICLE V. COI~SIDERATION FOR SERVICES This is a fixed fee contract. As consideration for services rendered under this Contract, the Prime Contractor agrees to pay the Subgrantee a sum not to exceed $304,077.00, A fee shall be set for each line cleaning location based on site specific conditions. This fee shall be submitted to and approved by the Program Director an~l the FEEWP Advisory Panel m advance of the hne clean,rig. Any modification ~n the fee up to and including ter) percent may be requested and is subject to approval by the FEEWP Advisory Panel. Compensation shall be',provided to the Subgrantee by the Prime Cantractor upon submission of proper invoices in accordance with th~ requirements of s. 287.058, Fla;.__S. tat.. (1989), No separate reimbur, sal for travel may be claimed under this Contract. All costs for services and expenses m~st be covered by' the fixed fee rates paid to the Subgrantee set forth in this part. Nol proceeds from this Contract shell be used to pay indirect costs or administrative expenses. AF~TICLE VI. METHOD OF PAYMENT Th~ Subgrantee is entitled to submit proper invoices to the Program Director, Nancy H. Gilleland, at the foll3wing address: Rural Resources, inc,, 1391 Timberlane Road, Suite 102, Tallahassee, Florida 32312. Pr( per invoices will be provided to the Prime Contractor, accompanied by appropriate documentation, by the Pr( gram Director. . Th ~ Subgrantee will receive a ten (10) percent drawdown upon the development, submittal and approval of a Ina cleaning scope of work including system approach and staff/equipment usage/requirements. This dr~ wdown will be r~covered and used as payment in the closing of the Contract. ARTICLE VII, REPORTING A. The Subgrantee shall provide Monthly Progress Reports to the Program Director, Reporting shall be conducted using a standard single page format submitted in the Work Plan and approved by the Prime Contractor, Each monthly progress report shall indicate; (1) Work completed during the reporting period including major assumptions and decisions made, results achieved and difficulties encountered; Work planned for the next work Period, targeted results arTd ar~ticipated problems; (3)Update of milestone charts; (4)Proposed modifications, if any, to the work scope or delivery dates. B. Project reports delineated in Article VI shall be provided to the Prime Contractor by the Program Director consistent with the schedule contained in the Work Plan. Hulan Carter, or his designee, shall serve as the COntract Management Officer for the Prime Contractor and Roger~ Cimbora, General Manager, Professional Piping Services, Inc,, shall serve as the Project Director for the Su~grantee. ARTICLE Viii. PERI:OD OF CONTRACT This Contract shall begin upon execution by both parties~ and end no later than June 30, 1996. ARTICLE IX. MODIFICATION OF CONTRACT This Contract represents the entire agreement of the parties. The Prime Contractor may,' from time to time, recuest changes in [he scope of the services to be performed by the Subgrantee under this Contract. Any eib!rations, variations, changes, expanded scope, additional compensation, modifications or waivers of provisions of the Contract, with the exception of the termination of the Contract as delineated in Article X, sh;~ll be valid (~nly ~hen they have been reduced to writing, duly signed by each of the part, es hereto and att ~ched to the original of this Contract. Upon mutual agreement of the Prime Contractor and Subgrantee, the Co3tract period ma~ be extended. Th~ Contract may be expanded if, in the Prime Contractor;s judgement, additional work, within the scope of the~task area addres~sed by this Contract would be useful to the accomplishment of the designated goals of thi~ project. In reference to Article III, expansion of this Contract would be contingent upon an annual apl~ropriation by the' Legislature. : ARTICLE X. TERMINATION OF CONTRACT A, This Contrac, t may be unilaterally terminated by the Prime Contractor for refusal by ttle Subgrantee to allow public .access to all documents, papers, letters or other written material subject to the provisions of Chapter 119, Fla. Stat. {1989), and made or ~eceived by the Subgrantee in conjunction with the Contract, or for failure to meet any of the terms or conditions of this Contract. This Contract may be terminated by either party for reason or no reason by giving thirty (30) days written notice to the other party; said notice shall be sufficient if it is delivered to the party personally or mailed bY certified mail to the party's ad(Jress as specified herein. C. In the event 'of termination of the Contract by either party, all property purchased with funds under this Contract sh~ll become the property of the Prime Contractor and be disposed of in accordance with Amendment N of the Property Management Standards of OMB Circular No. A-~ 10 which sets forth - the Uniform Administrative Requirements for Grants-in-Aid to Educational Institutions. All finished or unfinished d'ocuments, data, studies and reports prepared by the Subgrantee shall be relipquished to., the Prime Contractor. The Suborantee shall be entitled to compensation for services actually performed u'p to the date of termination, as determined by the Prime Contractor. D. Notwithstanding the above, the Subgrantee shall not be relieved of the liability to the Prime Contractor for damages sustained by the Prime Contractor by virtue of any breach of the Contract by the Subgrantee for the purpose of set-off, until such time as the exact amount of damages due the Prime Contractor from the Subgrantee is agreed upon or otherwise determined. E. Termination 'shall be only by written notice. IN ¥1TNESS THEREOF, the parties have caused these present to be duly executed as of the day and year first abc'ye mentioned at Tallahasbee, Florida. TR[-COUNTY COMMUNITY COUNCIL, INC. PROFESSIONAL PIPING SERVICES, INC. ~ul~ Car~er - Date Ro~er Cimbor8 Trl-County Community Council, Inc, Professional Piping Services . ("The P~Jme Contraotor'J ("The Subgrantee"J Attachment A ,STANDARD CONDITIONS OF CONTRACT This qontract is subject to all of the conditions listed beloW. Waiver of any of these conditions must be upon the e~press written approval of the Department, and such waiver shall be a part of this contract. 1. A_llowable C0st~ Expenditure of proceeds from this contract shall be subject tO OMB Circular No, A-102, 'Uniform Administrative Requirements for State and Local Governments" or OMB Circular No. A-110, 'Grants and Agreements with Institutions of High Education,. Hospitals, and Other Nonprofit Organizations," and either OMB Circular No. A-87, "Cost Principles for State and Local Governments," OMB Circular No. A-21, "Cost Principles for Educational Institutions," or OMB Circular A-122, "Cost Principles for Nonprofit Organizations." If this contract is made with a commercial (for-profit) organization on a cost-reimbursement basis, the Contractor shall be subject to Federal Acquisition Regulations 31,2 and 931.2. Nb proceeds from this contract shall be used to pay indirect costs or administratlve expenses unless explicitly authorized in the budget in the contract. 2. .Termination of Contract (a) If any of the following events occur ("Events of Default"), all obligations on the part of the Department to~ make any further payment of funds hereunder shall, if the Department so elects, terminate and,'the Department may at its option exercise any of its remedies set forth herein, but the Departmen~t may make any payments or parts of payments after the happening of any Events of Default without thereby waiving the right to exercise such remedieS, and without becoming liable to make any fu'rther payment: 1. I! any warranty or representation made by the Contractor in this Contract or any previous Contract with the Department shall at any time be false or misleading in any respect, or if the Contractor shall fail to keep, observe or perform any of the terms or covenants contained in this Contract or an~ previous agreement with the Department and has not cured .such in timely fashion, or ts unable or.unwilling to meet its obligations thereunder; 2. If any material adverse change shall occur in the financial condition of the Contractor at any time dudng the term of this Contract from the financial condition revealed in any reports filed or to be filed with the Department, and the Contractor f,~ils to cure said material adverse change within thirty (30) days from the time the date written notice is sent by the Department. 3. il any reports required by this Contract have not been submitted to the Department or have been submitted with Incorrect, incomplete or insufficient Information; 4. If the Contractor has failed to perform and complete in timely fashion any of the services required under the Budget attached hereto as "Attachment B", and Scope of Work. (b) Upon the h~ppenlng of an Event of Default, then the Department may, at its option, upon written notice to the Contractor and upon the Contractor's fallure to timely cure, exerctse any one or more of the following remedies, either concurrently or c. onsecutively, and the pursuit of any on..e, of the A-1 Revised 05/25/95 following remedies shell not preclude the Department from pursuing any other remedies contained herein or otherWise provlded at law or tn equity:. 1. Terminate this Contract, provided that the Contractor/Recipient is given at least fifteen (15) days prior wdtten notice of such termination. Ttle notice shall be effective when placed in the United States mail, first Class mall, postage prepaid, by registered or certified mail-return receipt requested, to the address Set forth In paragraph (10) herein; 2. Commence an appropriate legal or equitable action to enforce performance of this Contract; 3. Withhold or suspend payment of all or any part of a request for payment; 4. Exercise any corrective or remedial actions, 1o include but not be limited' to, requesting additional info~:mation from the Contractor to determine the reasons for or the extent of non- compliance or I,~.ck of performance, Issuing a wdtten warning to advise that'more serious measures may be taken if the situation Is not corrected, advising the Contractor/Recipient to suspend, discontinue or refrain from Incurring costs for any activities In question or requiring the Contractor to reimburse the Department .for the amount of costs incurred for any items determined to be 5, Exerclse any other rights or remedies which may be other,vise available under law; (c) The Department may terminate this Contract for cause upon such written notice as is reasonable under the circumstances. Cause shall Include, but not be limited to, misuse of funds; fraud; lack of cdmpliance with applicable rules, laws and regulations; failure to pedorm in a timely manner; and refusal by the Contractor to permit public access to any document, paper, letter, or other material S'ubJect to disclosure under Chapter 119 and 240.241, ~., as amended. (d) Suspension or termination constitutes final agency action under Chapter 120, F._la. Stat., es amended. Notification of suspension or termination shall include notice of administrative hearing rights and time frames. (e) The Contrabtor shall return funds to the Department if found in non-compliance with laws, rules, regulations governing the use of the funds or this Contract, (f) This Contract may be terminated by the written mutual consent of the parties. This contract ma~y be terminated by either party for reason or for no reason by giving thirty (30) days written notice to the other party; said notice shall be sufficient if it is delivered to the party personally or mailed by certified mail to the mailing address as specified herein. This contract may be unilaterally terminated by the Department if the Contractor refuses to allow p bloc access to all documents, letters, or other materials subject to the provisions of Chapter 119, F~S. which werelpre, pared or received by the Contractor in conj,.ruction with this contract. Institutions in the State of Florida University System, as provided in F.S. 240.241(2), are exempt from the provisions of F.S. 119.07(1), except that a division of sponsored research shall make available upon request the title and description of a research project, the name of the researcher, and the amount A-2 Revised 05/25/95 and source of funding provided for such project. This exemption is subject to the Open Government Sunset Review Act in accordance with F.$. 149.14. (g) Notwithstanding the above, the Contractor/Recipient shall not be relieved of liability to the Department by vtrtue of any breach of Contract by the Contractor to the extent permitted by. law, The Departm'.ent may, to the extent authorized by law, withhold any payments to the Contractor/Recipient for purpose of set-off until such time as the exact amount of damages due the Department frqm the Contractor/Recipient ts determined. In the event of' termination of the contract by either party, all property purchased with funds under this contract shall become the property of the Depart. ment and disposed of in accordance with 10 CFR 600, Subpa. rt E, which sets forth the Uniform Administrative Requirements for Grants and Cooperat!ve Agreements with State and Local Governments. All finished or Unfinished documents, data, studies, and reports prepared by the Contractor shall be relinqutshed't° the Department. The Co.ntractor shall be entitled to compensation for a;Jpmved services and expenses incurred prior to the date of notice of termination of the contract. Notwithstanding the above, the Contractor shall not be relieved of liability to the Department for damages sustained by the Department by virtue of breach of the contract by the Contractor until such time as the exact amount of damages due the Department from the Contractor is agreed upon or otherwise d~etermined. " 3. Changes The Department may, from time to time, request changes in the scope of the services to be performed by the Contractor under this contract. Such changes, including any increase or decrease in the amount of the Contractor's compensation~ or' change in the contract period, which are mutually agreed upon by and between the Department and the contractor, must be Incorporated in written amendments to this contract. 4. Assignability The Contractor shall not assign any interest in this contracl, and shall not transfer any interest in the same (whethbr by assignment or novation), without the prior written consent of the Department. However, the Contractor may employ consultants to assist in the perfom~ance of its responsibilities under this contract with the prior written consent bf the Department. 'The Contractor shall fumish the Departmeht copies of any and all assignments, agreements, or subcontracts connected with this contract. 5, ,Su. bcontracts ' (a) If the cohtractor subcontracts any or all of the work required under this Contract, the Contractor/Recipient agrees to include in the subcontract that the subcontractor is bound by the terms and conditions of this Contract with the Department. A-3 , Revised 05/25/95 (b) The Contractor agrees to include in the subcontract that the subcontractor shall hold the Department and Contractor harmless against all claims of whatever nature arising out of the subcontractor's performance of work under this Contract, to the extent allowed and requlred by law, (c) If the Contractor subcontracts, a copy of the executed subcontract must be forwarded to the Department within ten (10) days after execution. ! 6. .Contin_qent FeDs Prohib~d The ContractoJ' warrants that no person, selling agency, or other organization has been employed. or retained to 'solicit or secure this contract upon a Contract or understanding for a commission, percentage,' brokerage, or contingent fee, For breach or violation of the warradt, the Department shall have the right to annul this contract without Ilability, or in its discretion to deduct from the compensation,' or otherwise to recover the full amount of such commission, percentage, brokerage, or contlngent lee. 7, Dlscrimir~a_tio_~i.n. Emr)loyment Prohibited The Contractor. agrees to comply with Executive Order 11246 of September 24, 1965 entitled 'Equal Employment Opportunity," as amended by Executive Order 11375 of October 13, 1967 and as supplemented in Department of Labor regulations (41 CFR Part 60). In accordance with the above laws and regulations, the Contractor agrees to assure, to the extent of the coverage of this Contract, that no person in the United States shall, on the grounds of race, color, national origin, sex, age, or handicap, be excluded from participation In, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity.in which the Department receives federal assistance from the Department of Energy. 8. _A. udit; (a) The Contractor agrees to maintain financial procedures and support documents, in accordance. with generally accepted, accounting principres, to account for the receipt and expenditure of funds under this Contract. (b) These reCOrds shall be available at ali reasonable times for Inspection, review, or audit by state personnel and other personnel duly authorized by the Department. 'Reasonable' shall be construed according'to circumstances, but ordinarily shall mean normal business hours of 8:00 a.m. to 5:00 p.m., lOcal time, Monday through Friday. (c) The Contractor shall also provide the Department wlth the records, reports or financial statements upon request for the purposes of auditing and monitoring the funds awarded under this Contract. (d) The Contractor shall provide the Department with an annual financial audit report which meets the requiremer~ts of Sections 11.45 and 216.349, Fla.. S!at., and Chapter 10.550, Rules of the Auditor General, and, to the extent applicable, the Single Audit Act of 1984, 31 U,S,C, ss. 7501- 7507, OMB Ci'rculars A-128 and A-133 for the purposes of auditing and monitoring the funds awarded under this Contract. Agencies and institutions scheduled for audits under the Office of the A-4 Revised'{3.6/25/95 Auditor Ger~eral, State of Florida, are not required to provide separate copies of the audit, provided tl~at the Agenc,y's or institution's audit is scheduled for automatic distribution. 1. The an,nual financial audit report shall Include all management letters and the Contractor's response to all. findings, Including corrective actions to be taken, 2. The an,nual financial audit report shall include a schedule o1' financial assistance specifically idelitifying ali Contract and grant revenue by sponsoring agency and Contract number. 3. The bomplete financial audit report, including a~l items specified in (12)(d) 1 and 2 above, shall be sent directly to: Department of Community Affairs , Office of Audit SerVices 2740 Centervtew Drive Tallahassee, Florida 32399-2100 (e) In the event the audit shows tt'~t the entire funds, or any portion thereof, was not spent in accordance with the conditions of this Contract~ the Contractor shall be held liable for ..reimbursement to the Department of all funds not spent in accordance with these applicable regulations arid Contract provisions within thirty (30) days after the Department has notified the Contractor of Such non-compliance. (fi The Contractor shall retain all financial records, supporting documents, statistical records, and shy other documents pertinent to this contract for a period of three years after the date of submission of the final expenditures report. However,'if litigation or an audit has been Initiated prior to the expiration of the three-year period, the records shall be retained until the litigation or audit findings have been resolved. 9, Records Retention (a) If appl{cab!e, Contractor's performance under this Contract shall be subject to OMB Circular No. A-102, "Uniform Administrative Requirements [or State and Local Governments" or OMB Circular No. A-110, "Grants and Agreements with Institutions of High Education, Hospitals, and Other Nonprofit Organizations," and either OMB Circular No. A-87, "Cost Principles for State and Local Governments," OMB Circular No. A-21, "Cost Principles for Educational. Institutions," or OMB Circular No, A-122, "Cost Principles for Nonprofit Organizations." If this Contract is made with a commercial (f(~r-pmflt) organization on a cost-relmbursement basis, the Contractor/R.ecipient shall be subject to Federal AcqUisition Regulations 31.2 and 931.2. (b) All original records pertinent to this Contract shall be retained by the Contractor/Recipient for three years following the date of termination of this Contract or of submission o~ the final close-out report, whichever is later, with the following exceptions: 1. If any litigation, claim or audit is started before the expiration of the three year period and extends beyo,nd the three year period, the records will be maintained until all litigation, claims or audit findings Involving the records have been resolved. 2. Records for the disposition of non.expendable personal properly valued at $1,000 or more at the time of acquisition sh~ll be retained for three years after final disposition. , A-5 Revised 05/25/95 3. Records relating to real property acquisition shall be retained for three years after closing (c) All records, Including supporting documentation of all program costs, shall be sufficient to determine compliance wtth tho requirements and objectives of the Budget and Scope of Work - Attachment A - end all other applicable laws and regulations. (d) The Contractor, ils employees or agents, including all subcontractors or consultants to be paid from funds provided under thts Contract, shall allow access to its records at reasonable ttmes to the Dapartment,'its employees, and agents. "Reasonable" shall be construed according to the ' circumstances but ordinarily shall mean during normal business hours of 8:00 a.m. to 5:00 p.m., local time, on Monday through Friday. Ag ~nts shall include, but not be limited to, auditors retained by the Depadment. 10. Standard_.Co ,nditions /. · The Contractor agrees to be bound by the following standard conditions: (a) The Stat6 of Florida's performance and obligation to pay under this Contract is contingent upon an annual appropriation by the Legislature, and subject to any modification in accordance with Chapter 216, 'Fla. Stat. (b) If otherwise allowed under this Contract, extension of a Contract for contractual services shall be in wriUng for a period not to exceed six (6) months and shall be subject to the same terms and conditions set forth in the initial Contract. There shall be only one extension of the Contract unless the failure to meet the criteda set forth in the Contract for completion of the Contract is due to events beyond the control of the Contractor/Recipient. (c) All bills fOr fees or other compensation for services or expenses shall be submitted in detail sufficient for a proper preaudit and postaudit thereof. (d) If otherwise allowed under this Central. t, all bills for any travel expenses shall be submitted in accordance with s. 112,061, E!a. Stat. ,.. i . (e) The Dep~rtment of Community Affairs reserves the right to unilaterally cancel this Contract for refusal by the Contractor/Recipient to allow public access to all documents, papers, letters or other material subject to the provisions of Chapter 119, Fla.: stat., and made or received by ~e Contractor In conjunction with the Contract. Institutions in the State of Florida University System, as provided in F.S. 240.241(2), are exempt from the provisions of F.S. 119.07(1), except that a division of sponsored re§catch shall make available upon ·request the title and description of a research project, the name of the researcher, and the amount and source of funding provided for such ' project. This exemption is subject to the Open Government ,Sunset Review Act In accordance with A*6 i Revised 05/2,5/95 11, _Publication.and Publici .ty The Contractor shall riot publish any materials funded by this contract without the prior written approval o1' the Oepadment. All publications shall acknowledge that the program is supported by funds granted by the Department of Energy and the Department, 12. patents and Copyrights If the Contractor brings to the performance of this contract a pre-existing patent or copyright, the Contractor shall retain all rights and entitlement to that pre-existing patent or copyright unless the contract provides otherwise. Title to any ~nvenUon conceived or reduced to practice in the performance of this project wit! remain with the Contractor in accordance with Chapter 240.229, Florida Statute, as it applies to members of the State Ur~iversity System. In the event that any books, manuals, films, or other copyrightable material are produced in the performance of this project, the Contractor shall notify the Department. Any and all copyrights accruing under or in connection with the performance under this contract are hereby reserved to the State of Florida. At the time of the submission of the workplan required by Article II, the Contractor shall disclose all . ' intellectual prol~erties relevant to the performance of this contract which he or she knows or should know could glv~ rise to a patent or copyright, The Contractor shall retain ali rights and entitlement to any pre-exiSting intellectual property which is so disclosed, 13. Monitoring . The Contractoi' shall permit the Department, or its duly authorized representative, to monitor the project pertain!rig to this contract as deemed necessary by the Department. The Contractor will monitor its subcontractors. 14, Certification Reaardi_n. g. Lobbylna The Contracto~ shall execute the Certification Regarding Lobbying, Attachment C, which is attached to, and incorpdrated by reference in, this contract. 15. Lobbying and Po_lit. ical Activin_ Pro_hiblted_ . The Contractor/Recipient certifies, by their signature to this Contract, that to the best of his or her knowledge and, belief: '. (a) No Federal appropriated funds have been paid or will be paid, by or on behalf of the under- signed, to any'. person for Influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress Id connection with the awarding of any Federal contract, the making of anY Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the A-7 Revised 05/25/g§ extension, continuation, renewal, amendment or modification of any Federal contract, grant, loan or ~ooperative agreement, (b) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of' Congress, an officer or employee of Congress, Or an employee of a Member of Congress in connection with this Federal contract, grant, loan or cooperative agreement, the undersigned shall complete and eh. bruit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions., (c) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under. grants, loans, and cooperative agreements) and that all subrecipients shell certify and disclose accordingly. This certification is a material represeni~ative of fact upon,.c/hich reliance was placed when this transaction was made or entered into. Submission of this (~ertification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. (d) No funds or other resources received from the Department in connection with this Contract may ' be used directly or indirectly to influence legislation or any other official action by the Florida : Legislature or any state agency. 16. Religj~.us Activ~_t~Prohibited [ There will be no religious worship, instruction, or proselytization as part of, or in connection with, the performance of this contract. 17. Comj;zU~Dc~..o. cai Laws The Contracto¢ shall comply with all applicable laws, ordinances, and codes of state and local governments. ' · i 8. Debe,.rred a....~nd Suso_e__nded Par;tie~s The Contractor certifies that neither its organization nor any member of the staff is debarred or suspended or is otherwise excluded from or ineligible for participation in Federal assistance programs under Executive Order 12549, "Debarment and Suspension." The Contractor may not make any subbontract to a debarred or suspended party. A current listing of such parties is maintained by (he Department for review by Contractors. 19. Clean Air and Water Acts If this contract dr any resulting subcontract is for an amount in excess of $100,000, the Contractor must comply with all applicable standards, orders, or requirements issued under Section 306 of the A-8 Revised 05/25/95 Clean Air Act (42 U.S.C. 1857(h)), Section 508 of the Clean Water Act (33 U.S.C. 1368), Executive Order 11738, arid Environmental Protection Agency regulations {40 CFR Part 15). A-9 Revised 05/25/9,5 Memorandum To: David Harden, City Manager Thru: Lula Butler, Community Improvement Director ~.~._~ From: Dorothy Ellington, Community Development Coordinator Date: February 14, 1996 Subject: TED Center Amendment/CDBG Funding Agreement Item Before the Commission This is to request approval to execute an Amendment to the Funding Agreement approved by the Commission on October 10, 1995. Background The TED Center applied for and received approval for $30,000 in CDBG funds to renovate property located at 132 West Atlantic Avenue. The property would be used as office space for its Business Incubator program. The funding Agreement required the TED Center to secure a five-year lease for the property as a means of protecting the City's investment. The property is owned by the Community Redevelopment Agency and is part of the CRA's obligation to Palm Beach County for the South County Courthouse expansion. For that reason, the CRA could not enter into a five- year lease agreement. The TED Center has located an alternate site at 22 Southeast First Avenue and has secured a lease agreement with the owner. This Amendment to the funding Agreement is to change the address from 132 West Atlantic Avenue to the new address. Recommendations Staff recommends approval to execute the attached amendment to the TED Center's CDBG funding agreement. AMENDMENT TO 7'liE AGREEMENT FOR FUNDING AND ACCEPTANCE OF FUNDS FOR TECtlNOLOGY, ENTERPRISE AND DEVELOPMENT, INC. THIS AMENDMENT 'FO THE AGREEMENT FOR FUNDING AND ACCEPTANCE OF FUNDS MADE AND ENTERED INTO on the 13th day of October, t 995, by and between the City of Delray Beach ("City") and The Center for Technology, Enterprise and Development, Inc. ("The TED Center") is entered into this day of ,1996. WttEREAS, The parties hereto have heretofore entered in the above described Agreement (the "Agreement") for the renovation of property located at 132 West Atlantic ~venue, Delrhy Beach, Florida; and WHEREAS, negotiations for a lease agreement with the owners of 132 West Atlantic Avemte, l)elray Beach, Florida failed to result in a satist:actory lease agreement; and WHEREAS, the TED Center continues to require additional office space in accordance with the conditious of the Grant awarded to the TED Center by Pahn Beach County. NOW, THEREFORE, the parties agree that the Agreement is hereby amended as follows: 1. ReI~ert:nces to the renovation of 132 West Atlantic is hereby amended to read "22 Southeast First A venue." This change applies to the preamble to the Agreelnent, Paragraph 2, Statement of Work and Paragraph 9, Other Program Requirements. This amendment shall modify only those sections of the Agreement as stated in Section 1 of this Amendment. All other terms and conditions not expressly modified herein shall remain in ~11 force and effect. TECHNOLOGY, ENTERPRISE AND DEVELOPMENT, INC. WITNESS: By: PRESIDE~T, BOARD OF DIRECTORS CITY OF DELRAY BEACH, FLORIDA By: MAYOR ATTEST: CITY CLERK APPROVED* AS TO FORM: CITY ATTORNEY Agenda Item No.: AGENDA REQUEST Request to be placed on: Date: February 14, 1996 Regular Agenda Special Agenda Workshop Agenda xx Consent Agenda When: February 20, 1996 Description of item (who, what, where, how much): This is to request approval to execute an Amendment to the Fundin~ A2rmmmmnt approved by t~e Commission on October 10, 1995. - (Example: Request from Atlantic High School for $2,000 to fund project graduation). ORDINANCE/ RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO Recommendation: Staff recommends approval to execute the attached amendment to the TED Center's CDBG funding agreement (Example: Recommend approval with funding fr~r~om Special Events Account No. 001-3333-555-44.55). Department Head Signature: / z~-~_~__.-./~-- City Attorney Review/ Recommendation (i cable): Budget Director Review (required on all items involving expenditure of funds): Funding available:(~NO Funding alternativ~s~. ~ I~ ir~,'~ ~,~ ~(i.~ap~licg~l~)~i~ ~ ~ Account No. & Description: ~ I~ {~'~--~-~'~--~7 .~-~ ~ Account Balance:c,- vv-~/9;~ ' - J City Manager Review: Approved for agenda:~NOHold Until: iz/L'I Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER~'~t/ SUBJECT: AGENDA ITEM # v · - MEETING OF FEBRUARY 20, 1996 REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS DATE: FEBRUARY 16, 1996 Attached is the Report of Appealable Land Use Items for the period February 5 through February 16, 1996. It informs the Commission of the various land use actions taken by the designated boards which may be appealed by the City Commission. Recommend review of appealable actions for the period stated; receive and file the report as appropriate. CITY COMMISSION DOCUMENTATION TO: DAVID T. HARDEN, CITY MANAGER THRU: DIANE DOMINGUEZ, DIRECTOR DEPARTMENT OF PLANNING AND ZONING ! FROM: /~ASMIN ALLEN, PLANNER SUBJECT: MEETING OF FEBRUARY 20, 1996 * CONSENT AGENDA* REPORT OF APPEALABLE LAND USE ITEMS FEBRUARY §, 1996 THRU FEBRUARY 16. 1996 ACTION REQUESTED OF THE COMMISSION: The action requested of the City Commission is that of review of appealable actions which were made by various Boards during the period of February 5, 1996, through February 16, 1996. BACKGROUND This is the method of informing the City Commission of 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 City 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. City Commission Documentation Appealable Items Meeting of February 20, 1996 Page 2 PLANNING AND ZONING BOARD No Regular Meeting was held during this period. SITE PLAN REVIEW AND APPEARANCE BOARD MEETING OF FEBRUARY 7. 1996 A. Approved (4 to 2), a request to modify the approved landscape plan by replacing canopy trees with Royal Palms at Delray Acura, located on the east side of N.E. 6th Avenue between N.E 6th Street and N.E. 7th Street. B. Tabled (7 to 0), a request to change the architectural elevations of a commercial building by replacing the boarded-up windows and installing wire lath and stucco over the window openings at Silver Plating of Delray, located at the southwest corner of George Bush Boulevard and N.E. 6th Avenue. C. Approved (7 to 0), a request to change the architectural elevation plan for Ocean Isles, a proposed 3 unit townhouse development, located at the southeast corner of LaMat Avenue and Frederick Boulevard. The request seeks to allow the construction of 2 two-story units (at one end of the structure) and 1 one-story unit, to replace the previously approved building elevation plan which proposed a two-story townhouse unit in the middle of the structure with the one-story units on either side. D. Approved with conditions, a minor site plan modification (5 to 1) and the landscape plan (6 to 0), for Kokomo Key, a proposed townhouse development located on the east side of North Federal Highway immediately south of the Delray Swap Shop. Concurrently, the Board approved a request for an internal adjustment to allow 15 additional back-out spaces at the east end of the internal access road. E. Approved (7 to 0), the site plan, landscape plan and architectural elevation plan for Casa La Brisa, a 5-unit townhouse development, located on the east side of Seabreeze Avenue, approximately 350 feet north of Atlantic Avenue. Concurrently, the Board approved the following waivers: City Commission Documentation Appealable Items Meeting of February 20, 1996 Page 3 · Reducing the required right-of-way width for Seabreeze Avenue from 60 feet to 50 feet. · Eliminating the requirement to install a sidewalk along its frontage on Seabreeze Avenue, provided that the owner enters into an agreement/covenant acceptable to the City Attorney to install the sidewalk when required by the City. · Reducing the required parking by 3 spaces in that a total of 20 parking spaces are available (13 required), if tandem parking is. utilized. · Reducing the side yard pool setback from 10 feet to 5 feet for Lots 1 through 4. F. Approved ( 7 to 0), a minor site plan modification, landscape plan and architectural elevation plan for Ostermann Sausage Company, located at the southeast corner of S.E. 3rd Street and S.E. 1st Avenue. Concurrently, the Board approved the following waivers: · Eliminating the sidewalk requirement along S.E. 3rd Street. · Reducing the right-of-way width for S.E. 1st Avenue from 60 feet to 40 feet and S.E. 3rd Street from 60 feet to 50 feet. · Reducing the required parking from 56 spaces to 40 spaces until such time that a greater parking demand is required due to a change of use or the occupation of the future expansion area. · The orientation of the overhead door towards S.E. 3rd Street. HISTORIC PRESERVATION BOARD MEETING OF FEBRUARY 7. 1996 1. Tabled (4 to 2), a request for a Certificate of Appropriateness associated with the construction of a pre-manufactured two-story single family residence at 354 N.E. 1st Avenue. The Board delayed acting on the request so that they may visit other sites which have pre- manufactured structures. Additionally, the Board considered the following non-appealable item. Approved ( 5 to 1), a request for a variance to allow a reduction of the side yard setback from 7.5 feet to 7 feet for the proposed building at 354 N.E. 1st Avenue. City Commission Documentation Appealable Items Meeting of February 20, 1996 Page 4 2. Approved (6 to 0), a Certificate of Appropriateness to allow the construction of a two-car garage associated with a single family residence, located at 102 George Bush Boulevard. 3. Approved (5 to 1), a Certificate of Appropriateness to allow the demolition of a contributing residential building at 107 N.W. 1st Avenue, with the condition that the applicant wait 60 days in order to pursue relocating the structure. 4. Approved (5 to 0) a Certificate of Appropriateness in conjunction with exterior renovations to the Haitian Art Center Building (2 East Atlantic Avenue) and the small single story building located immediately to the south (1'1 South Swinton Avenue). 5. Approved (5 to 0), the landscape plan and paving plan for Ames International Design associated with the conversion of a contributing structure to an architect's office. The site plan was previously approved by the Board. RECOMMENDED ACTION. By motion, receive and file this report. Attachment: Location Map LOCATION MAP FOR CITY COMMISSION MEETING Of FEBRUARY 20, 1996 L-30 CANAL LAKE IDA ROAD £~__.-_ ! LOWSON BOULEVARD m UNTON BOULEVARD -r 1 ? L-,,.x~ CANAL C-15 CANAL S.P.R.A.B.: H.P.B.: cml,r LmM~ A. - DELRAY ACURA 1. - 354 N.E. 1st AVENUE B. - SILVER PLATING OF' DELRAY 2. - 102 GEORGE BUSH BOULEVARD MILE I C. - OCEAN ISLES 3. - 107 N.W. 1at AVENUE I I D. - KOKOMO KEY 4. - 2 EAST ATLANTIC AVENUE AND SCALE E. - CASA LA BRISA 1 1 SWINTON AVENUE F. - OSTERMANN SAUSAGE COMPANY 5. - AMES INTERNATIONAL DESIGN N CITY OF DE[RAY BEACH. FL PLANNINO DEPARTMENT CITY OF DELRfl¥ BEACH CITY ATTORNEY'S OFFICE ~°° ~TM^¥~' ~'"^' ]~^~"' ~o],~^ ~4~ FACSIMILE 407/278-4755 Writer's Direct L~e: (~7) 243-7091 DELRAY BEACH lll.l~rica Ci~ MEMO~~ ''ll':''''' DATE: Feb~a~12, 1996 ~ ~a~ TO: City Co~ission FROM: Susan A. Ruby, Ci~ Attorney SUBJECT: Sala~ Adjus~ent for Assistant City A~orney I am requesting a mid-year salary adjustment for Brian Shutt, Assistant City Attorney. Brian currently makes $35,000 per year. Brian has worked for the City for one and one- half years as an Assistant City Attorney and for approximately one year prior to that as a law clerk in an unpaid position through the Nova Law School externship program. Brian is doing an outstanding job for the City. I am proposing a salary increase to $40,000 per year to be effective March 1, 1996. This amount more approximately reflects a salary commensurate with Brian's experience and value to the City. By copy to David Harden, City Manager, please place this matter on the February 20, 1996 consent agenda for City Commission action. cc: David Harden, City Manager Alison MacGregor Harty, City Clerk salary, sar Printed on Recycled Paper MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS SUBJECT: AGENDA ITEM # - MEETING OF FEBRUARY 20, 1996 AWARD OF BIDS AND CONTRACTS DATE: FEBRUARY 16, 1996 This is before the Commission to approve the award of the follow- ing bids: 1. Bid award via Palm Beach County School Board Contract to Corporate Express for office supplies, at an estimated annual cost of $35,000 from various departments' operating expense accounts. 2. Bid award to Gateway 2000 for the purchase of six P5-100 Mhz Pentium Processor Computers, replacements for the Police Department Support Division, via GSA Contract at a total cost of $13,242 from 334-6112-519-64.11. 3. Purchase award to Van Hooser Associates, Inc. for leadership training classes for Police Department personnel, in the amount of $12,500 from the Federal Forfeiture Fund 115-2112- 521-49.90. 4. Bid award to Maroone Chevrolet, Ed Morse Chevrolet, Regency Dodge, John Deere Company, and Boca Honda, for replacement vehicles, in the total amount of $115,675 from various department line items. MEMORANDUM TO: David T. Harden, City Manager THROUGH: Joseph Saff~nance Director FROM: Jacklyn Rooney, Senior Buyer ~ DATE: February 13, 1996 SUBJECT: DOCUMENTATION - CITY COMMISSION MEETING - FEBRUARY 20 1996 - BID AWARD - OFFICE SUPPLIES VIA PALM BEACH COUNTY SCHOOL BOARD CONTRACT Item Before Commission: The City Commission is requested to award the annual contract for office supplies to Corporate Express, at an estimated annual cost of $35,000. Background: Bids for this contract are available via the Palm Beach County School Board Contract #SB 95C-237G which was awarded March 15, 1995, to Joyce Office Products (now called Corporate Express), per attached agenda documentation, and tabulation of bids received. This contract period is April 11, 1995 through April 10,1996, with a one year renewal clause. Our current contract for office supplies for the Purchasing Warehouse and City Department requests is with Corporate Express, which expires February 15, 1996. We currently receive a 35% discount off non-stock items and 40% discount off stock items. The Palm Beach County School Board Contract is for a 52% discount off current price list. Purchasing has done a "Price List Analysis" listing three (3) vendors and their list price for twelve (12) office products (attached). Also listed is a comparison of prices for the Palm Beach County Contract with Tucker & Johnson at 49.1 % discount, and Palm Beach School Board Contract with Corporate Express at 52% discount. Corporate Express has agreed to extend the contract to the City of Delray Beach per attached memo dated January 11, 1996. Recommendation: Purchasing Staff recommends award to Corporate Express at an estimated annual cost of $35,000 per attached "Price List Analysis". Funding from the various departments operating expense accounts. Attachments: Palm Beach County School Board Agenda Dated February 6, 1995 Memo From Corporate Express Dated January 11, 1996 Price List Analysis cc Leon Slydell Agenda Item No.: ~/ AGENDA REQUEST Date: February. 13: . 1996 Request to be placed on:, X Regular Agenda Special Agenda WorkshoD Agenda When: February. 20~. 1996 Description of agenda item (who, what, where, how much): Bid Award- Office Supplies Annual Contract to Corporate Express, via Palm Beach County School Board Contract #95C-237G at an estimated annual cost of $35~000. ORDINANCE/ RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO Recommendation: Award to Corporate Express at estimated annual cost of $35,000. for office supplies via Palm Beach County School Board Contract #95C-237G Fund~n~ from various departments oD~r~ti~expense. .Department Head Signature: ~~~'~ ~~~ ~/// Determination of Consistency witMC/o~prehensive Plan: · City Attorney Review/ Recommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): Funding available:~/ NO Funding alternati~.~-~' _ . ~._ ~/)09if applicable) Account Balance: City Manager Review: Approved for agenda: Hold ~nt±l: Agenda Coordinator Review: Received: Action: Approved/Disapproved I I I I I I I I I I I I I I I I I I I I I ! I I I ! I I I I I I I I I I I I I I I ! I I I I ,.~ I I I I I a~ ~. I I I I I I I I I ~) ~ I I I I I I I I I I I I I I I I I ~ .l-I' I C) I I I I I I I I ~ I: u~ I 0 I I I I I I I I ~--I C ~ c~l I ,-I IOq I I I I I I I ~ ~ .I I,-~ I I I I I I I q-~ I I I I I I I I I:~ "c 0 0 I 0 lU,.4: I I I I I -lc I I ~ I- l~. I IO I -g I ..R I .tc I "~ I 4~ I ,.',X I ~ ~M ! N I I I I I I H~I I I ~ ~ O I O ~ I~ ~1 I I I I I I ,H C m ~ ~ ~ 4 4 ~ · .~ · .~ . · ~ . .~ . , . ~ . . .  I I I I I ~ I I I I I I I I I I I I I., I t I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I 0 I I I I I I I I I I~ I I I I I I I .~ ~ I I  I I I I I I I I I 0 I ~ I~ I ~ I ~ I ~ I ~ I 0 ~ I 0 I ~ * ~  ~ I ~ I~ I I I I m I I I ' I I I I I I I I I ~ I I I I I I I I I  I I I I I I I I I ~ I I I I I I I I I .... I ~ ,, I I I I I I I ~ I I I I I I I I I ~ I I I I I I I I I I I I I J I I I I I I I I I I I I I I 0 I I I I I I I I ~ ~ I 0 m I~ ~1 ~ m I ~ m I m ~ I ~ ~ I ~ ~ m m I 0 ~ I m ~ 0 m ~ ~ 0 · l ~. .~ ·., · · I ·- , · · : · : · I ..... I I I I I I I I I i I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I J -- I I I I I I I I I I I I I I I I I I I I I I I I I I I I ~ I I I ~ I I I I I ~ I · I I I ~ I I I I I · I ~ I I I -~ I I I I I ~ I N I~ I I O I I I I I ~ I 0 I0 I I ~ I O I I ~ I I I ~ I H ~ I I H I ~ I 0 I I ~ I H I I I I 0 U m I ~ ~ Im I ~ I ~ I ~ I I ~ ~ ,H I I O I  -H N I ~ ~ O I O I ~ ~ I I ~ I H I ~ ~ ~ I ~ I ~ :~ O I ~ O ~ I~ ~I ~'n I ~-H I ~o I m-~ I o ~ ~ ~ I · ~ I ~ = 14000 N.W. 57th Court Miami Lakes, Florida 33014 {305) 555-5544 ® Janua~ 11,1996 Ms. Jacklyn Rooney Senior Buyer Purchasing Department City of Delray Beach 100 N.W. First Avenue Delray Beach, FL 33444 Dear Ms. Rooney: According to our records, your Bid #93-07 for Office Supplies is to expire 2/1/96. The recent conversations between Corporate Express and yourself indicated that you would like to piggyback on to the Palm Beach School Board contract. This suggested contract is with Corporate Express, and carries a 52% discount off of the current list price with a few exceptions. The exceptions would still be subject to a discount ranging from 5% - 25%. I have seen to it that your organization was furnished with the current Corporate Express In-Stock catalog for 1996. Upon notification from you of the approval of this piggyback contract, we will make the necessary changes to your account. We will require forty-eight hours to update your account. Thank you again for choosing Corporate Express, America's largest office supply dealer to service your supply needs. If you have any questions, please feel free to contact me at 1-800-338-8579. Sincerely, ,/~~ Kristen M. Ray Account Executive KMR/mc AGENDA ITEM 12C-]. ,) INVITATION NO. SB 95C-127G DATE: FebruanJ 6, 1995 DATE SOLICITED: December 19, 1994 DATE OPENED: January 25, t995 DATE POSTED: February 15, 1995 PRESENTED TO BOARD: March 15, 1995 PROJECT: TERM CONTRACT FOR OFFICE SUPPLIES (Office Supplies for Schools & Departments) CONTRACT PERIOD: April 11, 1995 through April 10, 1996 FUNCTION: Various OBJECT: 5110 FUND: Various ESTIMATED TOTAL $1,000,000 FUNDING SOURCE: Operating Budget - Supplies and Materials REQUESTED BY: Coordinator of Procurement 21 Bids Solicited, 18 Responses (12 Bids, 6 No Bid) 3 No Response MINORITY VENDOR STATUS TERMS DELIVERY ITEM 1 .-,~../ APEX OFFICE PRODUCTS 3 Net 30 5 days 45% APRICOT OFFICE SUPPLIES 2 Net 30 1-10 days 40% BARNETT'S OFFICE SUPPLIES -- Net 30 --- 48.1% DECORA OFFICE FURNITURE - - Net 30 1"3 days 48% EXCEL 6 Net 30 - - - 48% FRC OFFICE PRODUCTS -- Net 45 2-10 days 38% HALSEY & GRIFFITH, INC. - .... 2 days 39% JOYCE OFFICE PRODUCTS - - Net 30 2 days 52% OFFICE DEPOT ..... 2-3 days 50% RC ENTERPRISES 2 --- 20 days 30% TUCKER & JOHNSON - - Net 30 1-3 days 47.5% WlNDTREE ENTERPRISES - - Net 30 30-45 days 12% LEGEND: = Award ( ) = Reject MINORITY -(2-Black, 3-Hispanic, 4-Indian/Alaska, 5-Asian, 6-Women, 7-Disabled, 8-Other) AGENDA ITEM 12C-! Page 2 INVITATION NO. SB 95C-127G RECOMMENDATION: I recommend award be made to the bidder who offered the highest dis- count and met specifications, terms, and conditions. Respectfully submitted, C. Monica Uhlhom Superintendent of Schools Recommended b.y: William Betty J. Kee~(.~, ntact Person) Gus Lopez Gaea Pea(~ Failure to file a protest within the time prescribed in s. 120.53(5), Florida Statutes, shall constitute a waiver of proceedings under Chapter 120, Florida Statutes. Offers from the vendors listed herein are the only offers received timely as of the above \ opening date and time. All other offers submitted in response to this solidtation, if any, are hereby rejected as Pate. ..) ? AGENDA REQUEST Date: February 15, 1996 Request to be placed on:, X Regular Agenda Special Agenda Workshop Agenda When: February 20, 1996 Description of agenda item (who, what, where, how much): Award to Gateway 2000 for purchase of six P5-100 Intel Mhz Pentium Processor Computers at a total cost of $13,242. via GSA Contract #GS-00K-94-AGS-5150-PS01 for the Police Dept. ORDINANCE/ RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO Recommendation: Award to Gateway 2000 for purchase of six P5-100 Intel Mhz Pentium Processor Computers at a total cost of $13,242 via GSA Contract #GS-00K- 94-AGS-5150-PS01 for Police Department. Funding from 334-6112-519-64.11 City Attorney Review/ Recommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): Funding available: ~ES~/ NO Funding alternatives~-- · , ,~ ' ~ ~ , ,, /~ (if app.licwb~e), ~Account No. & Desgr~pt%oD: ~ccount Balance: City Manager Review: NO /]'~"~:' ~= ~ ' Approved for agenda: ~/ Hold Until: Agenda CoordinatorReceived: Review: Action: Approved/Disapproved MEMORANDUM TO: David T. Harden, City Manager THROUGM: Joseph Safford, Finance Director FROM: Jacklyn Rooney, Senior Buyer ~ DATE: February 15, 1996 SUBJECT: DOCUMENTATION - CITY COMMISSION MEETING - FEBRUARY 20, 1996 - PURCMASE AWARD - GATEWAY 2000 - SIX COMPUTERS Item Before Commission: The City Commission is requested to approve the purchase of (6) six P5-100 Intel Mhz Pentium Processor personal computers and accessories for the Police Department from Gateway 2000, for a total cost of $13,242. Background: The Police Department has a need for these replacement computers for the Support Division. The computers are available through the GSA Contract #GS-00K-94-AGS-5150-PS01 per the attached quote #RW00129.0B from Gateway 2000, dated January 29, 1996. The Inforraation Systems Manager has approved this purchase. Recommendation: Staff recommends the purchase of these computers from Gateway 2000, at a total cost of $13,242. Funding from the Renewal and Replacement Fund account #334-6112-519-64.11. Attachments: Quote #RW00129.OB From Gateway 2000 cc Tina Lundsford, Asst. Director of Support Services Chief Overman, Police Chief To: TLna Lunsford From: Gateway 2808~Ralph Oxlev 1-Z9-9§ l:29pm p. 2 of 4 Date: January 29, 1996 Attn: Tina Lunsford Fax#: 407-243-7816 GW Quote#: RWOO129.0B 1:5-100 Intel IOOMHz Pentium processor 16MB EDO Performance DRAM ~xpandable to 128MB 256KB Pipeline Burs~ SRAM cache 1.2GB lOms EIDE Western D~igital hard drive PCI Enhanced IDE !interface PCI' local-bus graphics accel!erator with 1MB DRAM 6X CD-ROM d~ive 3.5" 1.44MB diskette' drive 15" CrystalScan Color Monitor (13.9" viewable) Slots: two 16-bit ISA, three 32-kit PCI & one PCI/ISA slots Desktop case with 145-weir power supply 104+ Keyboe rd Microsoft mouse and Gateway mouse pad Windows 95 and MS Office 95, Professional Edition Gateway Gold service and support PRICE: $~07.00 delivered SERVICE i~lati Gateway Gold Premium ................... add: $ 99 Gateway Gold onsite ~~ n [[[..[..[.. [...add: $ 129 MasterCard, VISA, American Express and Discover accepted. C.O.D. cashier's check acceptable in ~he continental United States. Net 30-day credit terms and leasing o~tions are available to qualified commercial customers. .Prices and specifications are subject to change without notice or otligation. Sales tax will be collected where applicable. When placing your order, please attac~ this quote to your Purchase Order. Ralph Oxley Account Executive 800-779-2000 Ext. 25599 RWO\sjs Delray Beach Police Dept erv, s 300 West Atlantic Avenue Derlay Beach, FI. 33444-3695 407.243.7833 Fax 407.243.7816 To: ATTN: DAVE ARCHER Ship To: Gateway 2000 Tina L. Lunsford 610 Gateway Dr P.O. Box 2000 Delray Beach Police Department North Sioux City, South Dakota 57049-2000 300 West Atlantic Ave 800-846-2067 FAX: 605-232-2415 Delray Beach, FI 33444-3695 GSA Schedule ffGS-OOK-94-A GS-S l SO~PS01 QTY UNIT 'DESCRIP'I~ION UNIT PRICE TOTAL 6 Ea P5-100 Intel 100 Mhz Pentium Processor $2,207.00 $13,242.00. 16MB Memory $ 0.00 32-Bit PCI Graphics Accelerator w/1MB Dram $ 0.00 1GB 9ms DMA Mode 2 EIDE Hard Drive $ 0.00 PCI Enhanced IDE Interface $ 0.00 6X EIDE CD-ROM Drive $ 0.00 3.5" Diskette Drive $ 0.00 15" .28dp CrystalScan Color Monitor $ 0.00 7 Bay Desktop Case $ 0.00 104+ Keyboard & MS Mouse 2.0 $ 0.00 MS Windows 95, MS Office 95 Professional $ 0.00 Gateway Gold Service & Support $ 0.00 SUBTOTAL $13,242.00 SALES TAX $95.00 EACH SHIPPING & HANDLING included OTHER TOTAL $13,242.00 Quote #RWO0129.OB Author[zed by Date DELRAY BEACH Delray Beach Police Department ~ NI-AmedcaCity (407) 243-7888 Fax (407) 243-7816 1993 MEMORANDUM TO: Richard Zuccaro, Information Systems Manager FROM: Tina L. Lunsford, Assistant Director of Support Services DATE: February 2, 1996 SUBJECT.: REQUISITION Attached is corrected requisition #41328 which includes the new pricing from Gateway as of 01/29/96. Please sign off and add the correct account code to the requisition. GENERAL CONSTRUCTION (RENEWAL AND REPLACEMENT) FUND APPROVED PURCHASES FOR FISCAL YEAR 1995-96 Department Dept/Div No, Item(s) Approved Amount Finance-Admin 1511-513 (5) Executive U-Shape Desk Units $5,000 ~City Attorney 1611-514 (1) Secretarial Workstation $1,800 Public Works-Adm 3111-534 (1) Desk (Admin Asst) $1,500 P&R-Beach 4123-572 (1) Desk $1,000 Idepartment Dept/Biv No. Item(s) Approved .............. "'City Manager 1211-512 (1) Personal Computer (city Manager) $2,400 .... Human Resources 1311-512 {(1) Personal Computer (Director) I $2,800 (1) Personal Computer (Staff Asst.)I $2,800 .. ~:inance-Admin 1511-513 (1) Personal Computer (Accountant II) $2,800 (1) Personal Computer (Accountant II) $2,800 (1) Personal Computer (Acct Clerk Sr.) $2,800 (1) Personal Computer (Acct Clerk Sr.) $2,800 (1) Personal Computer (Acct Clerk Sr.) $2,800 (1) Personal Computer (Treasurer) $2,800 Finance-Purchasing 1531-513 (1) Personal Computer (Staff Asst) $2,800 Finance-MIS 1811-513 (1,) Personal Computer (M.I.S. Manager) $3,000 (1) Personal Computer (Systems Analyst) $3,000 (1) Personal Computer (CIA Analyst) $3,000 Fire-Admin 2311-522 (1) Personal Computer (Assr ChicD $3,000 (,1) Personal Computer (Asst Chief') $3,000 (1) Personal Computer (Div Chief-EMS) $3,000 .Fire-Operations 2315-526 (1) Personal Computer (Div Chief-Training) $3,000 Fire-Safety 2317-722 (3) Personal Computers (Fire Lt. Inspectors) $9,000 Planning & Zoning 2511-515 I (2) Personal Computers $5,000 (2) Token kin9 Cards ' $1,200 "Comm Imp-Bldg Insp 2721-524 (1) Personal Computer (Horticulturist) $2,800 (1) Personal Computer (L~nd~scape Inspector) $2,800 (1) Personal Computer (Sign/Lic_ense Inspector) $2,800 Env Svc-Engineering 2911-519 I (1) Personal Computer (City'Engineer) $3,800 (1) Personal Computer (Staff Assr) $3,800 Public Works-Admin 3111-534 t (1) Personal Computer (Admin Assr) $2,700 Pub Wks-Fac Maint 3431-519I (1) Personal Computer (Supervisor) $3,000 iP&R-Maintenance 4131-572 (1) Personal Computer (Parks Supt.) $2,800 (1) Personal Computer (Admin Assr) , $2,800 (1) Personal Computer (.Irri;~a~.icn Spec~ Department DePt/giv NO. Item APProved Finance-Purchasin~ 1531-513 Facsimile Machine $1,700 AGENDA REQUEST Date: February 16, 1996 Request to be placed on:, X Regular Agenda Special Agenda Workshop Agenda When: February 20, 1996 Description of agenda item (who, what, where, how much): Approve reguest for leadership trainin~ classes for the Police Department personnel from Van Hooser A~soe~ates. Inc. at a total cost of $12,500. ORDINANCE/ RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO Recommendation: Approve the request for leadership training classes for Police Department management personnel to Van Hooser Associates, Inc., for a total cost of $12,500. Fundin~ from account #115-2112-521-49.90 Department Head Signature: City Attorney Review/ Recommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): Funding available: ~ NO Funding alternatives: (if applicable) Account No. & Description: Account Balance: ~OfD~ City Manager Review: Approved Agenda Coordinator Review: Received: Action: Approved/Disapproved MEMORANDUM TO: David T. Harden, City Manager THROUGM: Joseph Safford, Finance Director FROM: Jacklyn Rooney, Senior Buyer ~- DATE: February 16, 1996 SUBJECT: DOCUMENTATION - CITY COMMISSION MEETING - FEBRUARY 20, 1996 PURCHASE AWARD - VAN HOOSER ASSOCIATES, INC. LEADERSHIP TP~AINING Item Before Commission: The City Commission is requested to approve the request for leadership training classes for the Police Department to Van Mooser Associates, Inc., at a total cost of $12,500. Background: The Police Department has requested a series of leadership training classes for management personnel. The classes will be given in five (5) segments within the budget year at a unit cost of $2,500 each session.. The Police Chief has chosen these training classes for presentation as he feels they are most advantageous for the department, per attached memo dated February 15, 1996. Recommendation: Staff recommends the approval of these training classes with Van Mooser Associates, Inc., at a total cost of $12,500. Funding from account #115-2112-521-49.90. Attachments: Memo From Police Department Dated February 15, 1996 Invoice From Van Hooser Associates, Inc. cc David Junghans, Administrative Officer Chief Overman, Police Chief DELRAY BEACH Delray Beach Police Department AII-AmericaCity (407) 243-7888 Fax (407) 243-7816 1993 MEMORANDUM TO: Senior Buyer Jackie Rooney Finance s~ FROM: Administrative Officer David Junghan DATE: February 15, 1996 SUBJECT: LEADERSHIP TRAINING The Chief of Police has requested a series of Leadership Training classes be presented to the Department's management personnel. The training he has chosen for presentation is put on by Phillip Van Hooser. The Chief has selected Mr. Van Hooser, s training as the type that most supports the direction he wants for this Department's management. Any questions should be addressed to me, x.-7852. vis Van Hooser Associates, Inc. Invoice ~0 Box 5094 Ocala, FL 34478 Invoice Number:. 305070 352 694-4347 Date:. January 29, 1996 Fax: 352 694-6375 To: Delray Beach Police Department Terms: Net Due .Upon Receipt 300 West Atlantic Avenue De!~¥ Beach, .fL 33 .a4.4 DESCRIPTION FEE 2/12/96: Learning To Lead In A Changing Environment $ 2,500.00 4/8/96: Leading The "New Breed" $ 2,500.00 6/3/96: What We Have Here Is A Failure To Communicate $ 2,500.00 9/9/96: The Anatomy Of A Service Professional $ 2,500.00 IO/7/96: Stocking Organizations With Keepers $ 2,500.00 (Each of these training dates will be approximately 6 hours 10ng.) trOlrAl. ~OIIE $12,500.00 Thank You For Choosing Van Hooser Assoc/ates, Inc! The inspirational business speaker with uncommon, common sense! ,January 12, 1996 Chief Richard Overman Delray Beach Police Department 300 West Atlantic Avenue Delray Beach, FL 33444 Dear Chief, I am still very excited about having the opportunity to come to your community to work with your officers during the months ahead. I am confident that these training experiences will prove to be worthwhile for all of us who will be involved. Enclosed is the overview/proposal for the 1996 training that we have previously discussed. In it I have expounded on program content, as you will see. I hope you will agree these programs have been designed to be broad enough to meet many different needs, and yet consistent enough to provide continuity from one session to the next. As you review the information, if any questions arise, please let me know. I will do my best to make any changes that may be appropriate. Chief, you will also find a Presentation Agreement included for the first program. I would appreciate you reviewing, signing and returning it to us as soon as possible. Thanks again for your support and confidence. I know the months ahead will be good ones. All the best. Sincerely, Phillip Van Hooser, CSP MEMBER O Post Office Box 5094 · Ocala, Florida 34478-5094 · I (800] 236-6765 · Fax (,~52] 694-6575 ~^T~o~^t SPEAKI~RS The inspirational business speaker with uncommon, .. common sense! TRAINING PROPOSAL ('~' ;. DELRAY BEACH POLICE DEPARTMENT /:"' DELRAY BEACH, FLORIDA PROFESSIONAL LEADERSHIP SKILLS ENHANCEMENT Session 1: Monday, February 12, '1996 Session 2: Monday, April 8, 1996 Session 3: Monday, June 3, 1996 Session 4: Monday, September 9, 1996 Session 5: Monday, October 7, 1996 Full Day (6 Hours) Session 1: Leadership In A Changing Environment · Characteristics of Effective Leaders · The Essential Element of Leadership · Leadership in Practice · 2 Types of Authority · 20 Common and Apparent Leadership Sins MEMBER O Pose Office Box .~094 · Ocala, Flor/do .54478-5094 · I fSO0) 256-6765 · Fax f.552) 694-6375 SPE^K~RS Dekay Beach Police Department 1996 Leadership Skills Training Series/Proposal Phillip Van Hooser Session 1: (Continued) · The Leader's 10 Commandments · Contrasting Power and Empowerment · 6 Levels of Empowerment · The Nature of Change · Steps to Personally Managing Change Session 2: Leading The "New Breed" · What Motivates You? · What Demotivates You! · Common Personal Demotivators · The Nature of Human Nature... Common Behavior Patterns of People · 3 Methods to Determine Individual Needs · 4 Universal Fears · 2 Universal Needs · 2 Types of Motivation · Common Organizational Motivators · Characteristics of the "New Breed" · Evolving Leadership Styles · Methods of Measuring Morale · 5 Steps in Establishing Trust · 8 Steps to Greater Achievement Session 3: What We Have Here Is A Failure To Communicate · Common Communication Problems · The 6 Step Communication Process · Barriers to Communication · Team Building in Action · Applying the "Synergistic Approach" · Coming to Grips with the "3 C's" · Team Building Defined · Earning the Right to be Heard · Communication is... 3 Distinct Elements · Effective Listening · 6 Steps to One-on-One Communication Success Delray Beach Police Department - ' 1996 Leadership Skills Training Series/Proposal Phillip Van Hooser Session 4: The Anatomy Of A Service Professional · Defining Our Role · Idenfi~dng.Our "Customers" · Considering Your "Customer" Impact · The High Cost of Poor Citizen Perception · 7 Things Citizens' Don't Want · 7 Things Citizens Want · Characteristics of Customer-Focused Professionals · Positive Customer Service Practices · Possible Reactions to Complaints · Dealing with Citizens on the Telephone · Dealing with Difficult Citizens · Pitfalls of a Losing Attitude · Cornerstones of a Winning Attitude · Personal Image Building Ideas Session 5: Stocking Organizations With Keepers · The Art of Effective Selection - Objectives in Employee Selection - 7 Factors in Selection Decisions - The Selection Interview... Before, During and After - Lawful Reasons for Rejecting Candidates - Keys to Successful Employee Orientation · The Art of Objective Performance Evaluation - General Observations Concerning Evaluations - Characteristics of Effective Performance Criteria - Conducting the Performance Evaluation Interview... Before, During and After - Problems That Can Ruin the Evaluation Interview - Written Evaluation Basics - Introducing the "Critical Incident File" · The Art of Correcting Correctly General Thoughts Concerning Discipline Organizational Discipline - What Is It? - Comparing Approaches: Traditional vs Consultative Basic Principles of Discipline - Avoidable Disciplinary Problems Discharge Basics - Written Communication Elements of Good Documentation Delray Beach Police Department 1996 Leadership Skills Training Series/Proposal Phillip Van Hooser Investment Per Session ................ $2,500 Note: This per session investment does not include travel related expenses. Actual travel costs (airfare, meals, etc.) will be submitted with receipts, following each training session. Additionally, by agreement, the per session investment for individual sessions will be reduced to $2,000 if the City of Delray Beach and/or the Dekay Beach Fire Department books a training program on the dates accompanying those listed under the "Training Schedule" section of this proposal. Van Hooser Associates, Inc. will honor the specifics of this proposal until January 29, 1996. If, at that time, no decision has been made concerning the confn'mation of presentation dates, Van Hooser Associates, Inc. reserves the right to make specific changes to this proposal as may become necessary. Phillip Van H~)oser, CSP Date £1TY UF DELIII:IY BEACH DELRAY BEACH ~ 100 N.W. 1st AVENUE · DELRAY BEACH, FLORIDA 33444 · 407/243-7000 /tll-/tmerical~ity 1993 TO: David T. Harden, City Manager FROM: ~ Robert A. Barcinski, Assistant City Manager SUBJECT: Agenda Item # City Commission Meeting, 2/20/96 Bid Award- Replacement Vehicles DA TE: February 19, 1996 ACTION City Commission is requested to approve a bid award for replacement vehicles per staff recommendation. BA CKGRO UND Vehicle replacements are requested on an annual basis for City vehicles due to age, mileage, repair costs and/or a combination of the above. The following vehicles are being recommended for replacement: V~.hi~l~. ¢~ D~.,nt, Yr. M~k~. M~¢]~.I MiI~r~O~. I Tr) ~n.~t 338 Bldg. Insp. 1986 Ford Tempo 75,559 $24,771 671 Env. Svcs./Const. 1988 Dodge Omni 31,000 9,729 786 Parks Maint. 1981 John Deere Tractor 47,266 12,150 799 Beach Patrol 1993 Honda A TV N/A 1,943 1004 Po#ce 1990 Caprice 89,700 22,228 1005 Police 1990 Caprice 75,900 18,877 RECOMMENDATION Staff recommends bid award as follows: State Contract Unit Ext. NC). Year/Vehicle Q~. . Vendor Cost Cost 070-200-140 1996 Cavalier SDN 2 Maroone Chev. $11,986 $23,972 Agenda Item Page 2 State Contract Unit Ext. No. Year/Vehicle Qty. Vendor Cost Cost 070-344-420 1996 Suburban 2 Ed Morse Chev. $30,365 $60,730 070-500-410 1996 Dodge 1/2 Ton 1 Regency Dodge $12,041 $12,041 Pickup 765-500-300 1996 John Deere 1 John Deere Co. $14,382 $14,382 Tractor, Model 1070 1996 Honda ATV 1 Boca Honda $ 4,550 $ 4,550 Utility Vehicle $115,675 RAB:kwg ME MQRAND UM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER ~// SUBJECT: AGENDA ITEM ~ ~'~- - MEETING OF FEBRUARY 20. 1996 FRIENDS OF SANDOWAY HOUSE NATURE QENTER/SUBLEASE AGREEMENT AND OPERATING SUPPORT REOUESTS DATE: FEBRUARY 16, 1996 At the February 13th workshop, the Commission was given an update on the efforts of The Friends of Sandoway House Nature Center to bring the project to fruition. In addition to the status report, Sandoway House representatives asked that the City agree to provide additional support primarily with respect to operating costs. Consideration was deferred to February 20th to allow staff time to evaluate specific requests and make recommendations. Included in the backup material is a letter from Carolyn Patton which outlines the "in kind operating support" being sought. Mr. Barcinski's memorandum sets out the 15 items along with the staff recommendation for each. These recommendations are based, for the most part, on terms and conditions of other lease agreements such as the Monterey House, Old School Square, Cason Cottage and the Boys and Girls Club. I do want to point out that relative to item 13 (sponsorship of an annual event, not to exceed $5,000), we do not recommend cash support. Rather, we recommend in kind staff support. Also included with this item is a draft copy of the proposed sublease between The Friends of Sandoway House and the City. I recommend that Commission accept the staff recommendations concerning the operating costs, and that the sublease agreement be approved as drafted. ref:agmemo7 CITY OF I]ELA;lY BEACH ~ 100 N.W. 1st AVENUE · DELRAY BEACH, FLORIDA 33444 · 407/243-7000 Ali-America City MEMORANDUM ® TO: David T. Harden, City Manager 199,~ FROM: ~Robert A. Barcinski, Assistant City Manager SUBJECT: Agenda Item # City Commission Meeting, February 20, 1996 Friends of Sandoway House - Sublease - Operatin~l Support Requests DATE: February 16, 1996 ACTION City Commission is requested to consider a request from the Friends of Sandoway House Nature Center, Inc. for City support concerning operating costs and to provide staff direction regarding these requests. The sublease will then be based on this direction. BACKGROUND The Friends of Sandoway House Nature Center, Inc. 's request for support from the City, with staff recommendations, herein follows: OPERA TING STAFF RECOMMENDATIONS I. Maintenance of grounds Yes, to include irrigation. 2. Permitting Fees Yes 3. Ucensing Fees Yes 4. Water/Sewer/Trash collection charges No 5. Structural and cosmetic maintenance of Exterior only, to include roof and walkways house, including normal repainting and paths, but not the pool. (offer restoration 6. Insurance Building only, not contents, officials liability or employees health or life insurance. 7. Use of City equipment and employees Yes to remove ali non-native vegetation from the properly and lightly grade the surface 8. Signage for the building and property No, include in restoration. 9. Printing No, operating cast. 10. Mailing No, operating cost. 11. Use of any unused computers, copy Yes, if and when available. machines, fax machines, office equip- ment and furniture or other equipment that the City currently has that may be replaced 12. The ability to purchase items that may Will depend on the item - operating be needed through the City, thus supplies could be purchased. utilizing the City's discounts and sales tax exemption THE EFFORT ALWAYS MATTERS Prlnted on Recyclecl Paper OPERATING [Cont.) STAFF RECOMMENDATIONS (Cont. 13. Sponsorship of an annual event, not to Yes exceed $5,000 14. Grant writing support Yes 15. Necessary sidewalk, parking improve- No, include in initial restoration then City ments could maintain (need more clarification of this request). Staff recommendations are based, for the most part, on terms and conditions of other lease agreements, Le., Monterey House, Old School Square, Cason Cottage and the Boys and Girls Club. In general, with these leases, the City is responsible for exterior building and grounds maintenance and the lessees are responsible for all interior maintenance and repair, cleaning services, all utilities, insurance of contents, and all other staffing and operating costs. Exceptions to these leases are: · Boys and Girls Club - leasee also responsible for exterior maintenance and other structures. · Monterey House - Leasee pays the City an additional $230 a month to cover the cost of repair and replacement of structural components. · Old School Square - City provides an annual operating subsidy in addition to maintenance responsibilities. RAB:kwg File:u:graham/agenda Doc.:Sandoway. Cap The Friends of Sandoway House Nature Center, Inc. A NOT-FOR-PROFIT ORGANIZATION DEDICATED TO Delray Beach City Commission 2/14/96 SUPPORTING A NATURE CENTER 100 N.W. 1st Ave. IN A HISTORIC BEACHFRONT SETTING Delray Beach, F1 33483 President Dear Commissioners: Carolyn H.R. Patton Vice.l~esident Outlined below are the "in kind operating support" items that The Friends Diane Wold dennings of Sandoway House Nature Center, Inc. Board of Directors desperately ~retary needs and would respectfully request that you ratify at this week's Pamela $. 15ndlay commission meeting. It is imperative that we are given the proper direction with regard to these items so that we may finalize our lease and Hank Steffens confirm same with our donors and contributors. Board of Directors 1) Maintenance of grounds Pamela $. Findlay 2) Permitting fees John C. Flint, dr. 3) Licensing fees Jean M. Irwin 4) Water/Sewer/Trash collection charges Diane Wold dennin~ 5) Structural and cosmetic maintenance of house, including normal Fa:Ina- French Johnstone repainting (after restoration) 6) Insurance Debra $. Koflelman 7) Use of city equipment and employees to remove all non-native Hon. Thomas E. Lynch, Mayor, C, ity of Delray Beach vegetation from the property and lightly grade the surface Laura ti. McCormick 8) Signage for the building and property Frank g. McKinney 9) Printing 10) Mailing Nilsa C. McKinney 1 1) Use of any unused computers, copy machines, fax machines, office Kathy Olivella equipment and furniture or other equipment that the city currently has Carolyn H.R. Patton that may be replaced. Rev. Bernard a. Pecaro 12) The ability to purchase items that may be needed through the city, Alieda N. Riley thus utilizing the city's discounts and sales tax exemption. Howard Schwartz, Esq. 13) Sponsorship of an annual event, not to exceed $5,000 Hank Steffens 14) Grant writing support Rachel $. Speicher 15) Necessary sidewalk, parking improvements William S. Weisman, Esq. Sinc~ely, SANDOWAYNATURE CENTER HOUSE ~.~ Carolyn H. R. Patton  ~ President The Friends of Sandoway House Nature Center, Inc. A New Community Resource for CC: City Manager David Harden, Asst. City Manager Bob Barcinski and ezam Beach County Asst. City Attorney Brian Shutt Address Correspondence To: gO.Box 73 Delray Beach, Florida 334474)073 £1TY DF I)ELR#Y BEA£H CITY ATTORNEY S OFFICE ~ 200 NW 1st AVENUE · DEL~ FACSIMILE 407/278-4755 Will's Dke~ L~e: (407) 243-7091 DEFRAY Ali. America Ci~ MEMO~NDUM ~ aa~ TO: Dasd H~den, City Manager FROM: B~ Shutt, Assistant City Atto~ey S~CT: Sublease Agreemem with The F~ends of S~doway House, Inc. Attached please ~nd a dr~ copy of the proposed sublease between The Friends of Sandoway House, Inc. ~d the City. I would appreciate your review and co~ents on the sublease agreemem before I send it to the Friends of S~doway, the County ~d FCT for their review. The maintenance and upkeep requirements for the Friends of Sandoway House are contained in page 4 of the sublease agreement. I drafted the responsibilities of the parties based on letters received from you and Bob Barcinski on December 11 and December 14, 1995. I have also included page 4 of the lease agreement between the City and the Boys and Girls Club which lists the responsibilities of the City and the Boys and Girls Club, for comparison purposes. Please let me know if you want the Friends of Sandoway's responsibilities modified to coincide with the Boys and Girls Club's responsibilities. Please call if you have any questions. cc: Bob Barcinski, Assistant City Manager sand5.11r Printed or] Recycled Paper RECEIVED JIF DELRI:IV BEKI[H ~ 100 N.W. 1st AVENUE - DELRAY BEACH, FLORIDA 33A~4 · 407/243-7000 ,~ TO: David T. Harden, City Manager 99 FROM: ¢~.~.~-Robert A. Barcinski, Assistant City Manager SUBJECT: SANDOWAY HOUSE REQUEST FOR OPERATING SUPPORT DATE: December 11, 1995 I have reviewed the above subject request in light of our arrangements on Cason Cottage and Old School Square. I offer the following suggestions for consideration: Operating Support/City Landscape and irrigation maintenance - other grounds maintenance, i.e., walk'ways, pool, etc. should be responsibility of Leasee Exterior of building, to include roof · Air conditioning system · Building permit costs Operating Costs to be responsibility of "Friends" · Insurance · All interior maintenance · All utility costs, including water and sewer · Pay their own employee insurance. Do not think we can make them part of our package ,,./' Pathway and walkway maintenance · Security system monthly monitoring costs / - Concerning their request for the City to pay for various capital items, my initial reaction is that they should pay for this as part of the renovation costs. In any event, all the work listed should be completed with the renovation work and not done under separate contracts or by City fomes. I am not sure what licensing fees they are asking the City to pay for. I also think that the estimate for the capital items may be Iow. With both Old School Square and Cason Cottage we did share in some of the capital costs. RAB:kwg cc: Brian Shutt, Assistant City Attorney File:u:graham/asmemos Doc.:Sandoway. Rqt THE EFFORT ALWAYS MATTERS ~ P~nte~J on Rec~led Pace' ARTICLE IV REPAIR AND MAINTENANCE OF PREMISES 4.01 Responsibilities of Lessor and Lessee ~:n~,.f~ ~C,..>~--k.~ (,-~,-~(a) Lessee at its sole cost and expense, agrees to repair and maintain the Premises and keep the building and appurtenances in good order and condition. Lessee's responsibility includes, but is not limited to the repair, maintenance, and if necessary, the replacement of the roof, roof drains, outside wails, foundation and structural portions of the building (both interior and exterior), the fire sprinkler and electrical systems of the Premises and the plumbing and sewage pipes servicing the Premises and located in the Premises. Throughout the Term of th/s LEASE, or any extension thereof, Lessee shall be responsible for all costs and expenses associated with the repair, maintenance, and. replacement if necessary, of the HVAC systems of the Premises. ~'~o~, ~, r- (-o5'~'3~ C.3.~L~ Lessee shall be responsible for the painting of the building, and additions or alterations thereto (both interior and exterior) and any additional buildings both interior and ex-terior constructed on the Premises. Lessee shall paint the building(s) at least once every five years, unless Lessor agrees that it is reasonable to delay the painting thereof. The exterior building color shall be approved in advance by the Lessor. Lessee shall maintain, repair and/or replace if necessary all existing outdoor play structures including play equipment, basketball standards, backstops, etc. and any other such equipment which presently exists or is later installed by the the Lessee on the Premises during the Term of this LEASE and shall keep the aforesaid in the same condition as it e~sted at time of Lease, normal wear and tear expected.. Lessee shall maintain and repair all structures or appurtenances placed on the property by Lessee. Lessee shall also maintain, repair and replace if necessary ali outdoor lighting and outdoor paved areas on all the Premises, including, but not limited to, play areas and parking lots on the Premises as it currently e.,dsts at the time of the execution of this Lease. The Lessee shall be responsible for the repair and maintenance of the -paved access road and parking area to the Premises. -' C,\3~r (b) Lessor shall be responsible for perimeter fence maintenace/repair or replacement, for landscape and ground maintenance, and repair and replacement of the irrigation system on the Premises, only. All other maintenance/repair and/or replacement not expressly reserved to Lessor shall be the responsibility of Lessee. (c) If the Lessor or Lessee shall fail to properly repair or maintain any item required to be repaired or maintained by Lessor or the Lessee under this LEASE or fails to perform or pay for services or utilities as required by this LEASE, within thirty (30) days of notice fi'om the other party of the need for such repair, maintenance, performance or payment, the Lessee or Lessor, may complete such repairs, perform the necessary maintenance, or provide or pay for services or utilities and Lessor or Lessee shall reimburse the other party for all reasonable expenses incurred by Lessee or Lessor in doing so. If the Lessee fails to SUBLEASE AGREEMENT BETWEEN CITY OF DELRAY BEACH, FLORIDA AND THE FRIE~NDS OF SANDOWAY HOUSE, INC. TABLE OF CONTENTS PAGE ARTICLE I BASIC LEASE PROVISIONS 1.01 Premises 1 1.02 Length of Term and Commencement Date 1 ARTICLE II RENT 2.01 Annual Rent 2 ARTICLE III CONDUCT OF BUSINESS AND USE OF PREMISES BY SUBLESSEE 3.01 Use 2 3.02 Conduct 2 3.03 Alterations by Sublessee 3 3.04 Hazardous Substances 3 ARTICLE IV REPAIRS AND MAINTENANCE OF PREMISES 4.01 Responsibilities of Sublessee and Lessee 4 4.02 Lessee's Right to Inspect and Repair 5 ARTICLE V UTILITIES AND SERVICES 5.01 Responsibility of Sublessee 5 ARTICLE VI INSURANCE 6.01 Insurance by Sublessee 5 6.02 Personal Property 6 6.03 Indemnification 6 ARTICLE VII DESTRUCTION OR CONDEMNATION OF PREMISES 7.01 Damage or Destruction by Fire, War or Act of God 6 ARTICLE VIII DEFAULT 8.01 Default by Sublessee 7 TABLE OF CONTENTS PAGE 8.02 Default by Lessee 7 ARTICLE IX ANNUAL BUDGETARY FUNDING/ CANCELLATION/PROPERTY TRANSFER 9.01 Appropriations 8 ARTICLE X QUIET ENJOYMENT 10.01 Lessee's Covenant 8 ARTICLE XI SURRENDER, HOLDOVER 11.01 Surrender of Premises 8 11.02 Holdover 8 ARTICLE XII MISCELLANEOUS 12.01 Notices and Consents 8 12.02 Severability 9 12.03 No Recording 9 12.04 Venue 9 12.05 Captions - Recitals 9 12.06 No Representations - Entire Agreement 10 12.07 Time of the Essence 10 12.08 No Assignment or Subletting or Licensing of Premises 10 12.09 Radon 10 12.10 Benefit and Binding Effect 10 Exhibit "A" Collectively referred to as the Premises Exhibit "B" Insurance Requirements SUBLEASE AGREEMENT THIS SUBLEASE is made and entered into this day of , 199_~ by and between the CITY OF DELRAY BEACH, FLORIDA, hereinafter referred to as the "Lessee", and THE FRIENDS OF SANDOWAY HOUSE, INC., hereinafter referred to as "Sublessee". WITNESSETH: WHEREAS, Palm Beach County, (the "Owner"), purchased the Sandoway House on July 25, 1995 and then leased the premises to the Lessee under the terms of a Lease Agreement, (Resolution Number R95-993D); and WHEREAS, the Lessee will receive a grant from the Florida Communities Trust ("FCT") and this grant will be governed by a Conceptual Approval Agreement; and WHEREAS, Lessee desires to sublease the premises located at 142 South Ocean Boulevard, Delray Beach, referred to as the Sandoway House, to the Sublessee to be used solely and exclusively for public purposes, which shall include educational purposes, provided that there is no conflict with the purposes set forth herein and the Lease Agreement and the Conceptual Approval Agreement. NOW, THEREFORE, it is hereby mutually covenanted and agreed by and between the parties hereto that this Sublease is made upon the agreements, terms, covenants and conditions hereinafter set forth. ARTICLE I BASIC SUBLEASE PROVISIONS 1.01 Premises In consideration of the rents, covenants and agreements hereinafter reserved and contained on the part of the Sublessee to be observed and performed, the Lessee demises and subleases to the Sublessee, and Sublessee rents from Lessee, the existing building and other improvements leased by the Lessee and comprising the Sandoway House at 142 South Ocean Boulevard, Delray Beach, Florida and demises and subleases the house with the surrounding property, collectively referred to as the "Premises", as more particularly described in Exhibit "A". 1.02 Length of Term and Commencement Date The Term of this Sublease shall commence on , 199_ (the Commencement Date") and shall extend for the same period of time as the Lease between the Owner and the Lessee, unless sooner terminated pursuant to the provisions of this Sublease. If the Lessee's lease with Palm Beach County is terminated this shall cause this sublease to automatically terminate. This Sublease shall terminate upon Sublessee's failure to comply with each and every requirement imposed upon Sublessee under the terms of this Sublease. ARTICLE H RENT 2.01 Annual Rent The Rent payable annually in advance by Sublessee for the Term of this Sublease for the use and occupancy of the Premises is One ($1.00) Dollar per annum. Sublessee is a tax exempt entity as evidenced by tax exemption # No sales or use tax shall be included or charged with Rent or any other payment required of Sublessee pursuant to this Sublease, unless required by law. If so required, the Sublessee shall pay for such taxes for prior or future years, all as may be required by law and any other taxes, special assessments or other charges assessed on the property. Payment of Rent will be mailed to Lessee as stated in Section 12.01 of this Sublease. ARTICLE Ill CONDUCT OF BUSINESS AND USE OF PREMISES BY SUBLESSEE 3.01 Use Sublessee shall use and occupy the Premises for the purpose of maintaining a nature and educational center and for providing nature/educational programs and for other public purposes with attendant offices and meeting rooms necessary to provide nature and educational programs. The Sublessee shall not use the premises for any purpose that conflicts with the purposes set forth herein and in the Lease Agreement between the Owner and the Lessee or in the Conceptual Approval Agreement between the Lessee and FCT. Sublessee shall not use the premises for any other purpose or use whatsoever, without the prior written consent of the Lessee. The Sublessee may also operate a gilt shop on the premises provided that any profit or proceeds from the gill shop will be used solely for the upkeep, rehabilitation or support of the Sandoway House. 3.02 Conduct Sublessee shall not commit waste on the Premises, nor maintain, commit or permit the maintenance or commission of a nuisance thereon, or use the Premises for an unlawful purpose or unpermitted purpose. Sublessee acknowledges that its employees and the Premises shall throughout the Term of this Sublease be in full compliance with all Federal, State, County, laws, ordinances, rules and regulations applicable to residents of the City, and all City ordinances, rules and regulations as may be amended from time to time. 2 3.03 Alterations by Sublessee Sublessee agrees to perform, at its own cost and expense, all work necessary to fully equip and maintain the Premises for Sublessee's permitted use of the Premises as specified in Section 3.01 of the Sublease. Any installation, alteration, addition, improvement or other physical change ("Alteration") requiring a building permit in or about the Premises by the Sublessee shall require the prior written consent of Lessee whose consent shall not be unreasonably withheld. Sublessee shall submit plans for Lessee's approval of all alterations. In accordance with the provisions of the Lease between the Owner and the Lessee, the Owner must also give its consent for alterations over $25,000.00. Upon granting their consent, Lessee or Owner shall specify whether the Alteration is to be removed by Sublessee, at Sublessee's sole cost and expense, upon the expiration of the Term of this Sublease. In the event a construction lien is filed against the premises, Sublessee shall comply with all applicable provisions of Florida Statutes, Chapter 713, Part I. Sublessee, within thirty (30) days after notice fi.om the Lessee, shall discharge, or shall have the mechanics lien transferred to bond, any mechanic's liens for materials or labor claimed to have been furnished to the Premises on the Sublessee's behalf and to indemnify, defend and save Lessee and Owner harmless fi.om and against any damage or loss incurred by the Lessee or Owner as a result of any such construction lien. All alterations, additions, improvements, decorations or installations, including but not limited to, partitions, railings, (except movable furniture and fixtures put in at the expense of Sublessee and removable without defacing or injuring the Building or the Premises), shall become the property of Lessee or Owner at the termination of the Sublease Term. 3.04 Hazardous Substances Sublessee shall not use, store or dispose of any "Hazardous Substances" on the Premises, any chemical, material or substance, including petroleum products, the handling, storage, transportation, disposal of or exposure to which is prohibited, limited, or regulated by any federal, state, county, regional or local authority. In the event of accident or discovery of such storage or disposal, Sublessee shall immediately report such occurrence to Lessee, indicating what is being stored or disposed of, and what actions Sublessee is undertaking to remove said hazardous substances or petroleum products. Sublessee agrees to indemnify, defend and save harmless the Lessee and Owner fi.om and against any claim, damage or loss incurred by Lessee or Owner as a result of the storage, disposal, exposure or transportation of the aforementioned hazardous substances and petroleum products. ARTICLE IV REPAIR AND MAINTENANCE OF PREMISES 4.01 Responsibilities of Sublessee and Lessee (A) Sublessee at its sole cost and expense, shall be responsible for the following: (1) the repair and maintenance of all portions of the interior of the building, including but not limited to providing any floor covering or repair of the floor or repair and replacement of the floor covering, any window repair or replacement as well as any painting, electrical or plumbing work (2) the payment of all utility costs including deposits, payment of any costs associated with the repair or replacement of any sewer or water connections or lines on the premises ~.-~ (3) the repair and maintenance of all pathways and walkways on the premises (4) the installation and maintenance of a security system as well as a fire sprinkler and fire alarm system for the house (5) the repair and maintenance of the pool located on the property (6) the repair and maintenance of the HVAC system (B) Lessee shall be responsible for the following: (1) the landscape and irrigation maintenance (2) the exterior building maintenance including the roof (3) the building permit costs ~ (4) the purchase and installation of an I-IVAC system Any maintenance/repair/replacement item not specifically mentioned or expressly reserved to the Lessee shall be the responsibility of the Sublessee. (C) If the Lessee or Sublessee shall fail to properly repair or maintain any item required to be repaired or maintained by Lessee or the Sublessee under this Sublease or fails to perform or pay for services or utilities as required by this Sublease, within thirty (30) days of notice from the other party of the need for such repair, maintenance, performance or payment, the Lessee or Sublessee, may complete such repairs, perform the necessary maintenance, or provide or pay for services or utilities and Lessee or Sublessee shall reimburse the other party for all 4 reasonable expenses incurred by Lessee or Sublessee in doing so. If the Sublessee fails to respond within thirty (30) days of notice from Lessee of the need for replacement of any item required to be replaced, by setting forth a reasonable schedule for replacement acceptable to Lessee, the Lessee at its sole discretion shall undertake the replacement thereof and the Sublessee shall reimburse the Lessee for all expenses incurred by Lessee in doing so. 4.02 Lessee's Right to Inspect and Repair The Lessee or the Lessee's agents shall have the right upon reasonable prior notice to the Sublessee (except that no notice need be given in case of emergency) to enter the Premises for the purposes stated in Paragraph 3.01 and for the purpose of inspection and maintenance of, or the making of repairs to the Premises, which are Lessee's responsibility hereunder or which Lessee has the right to perform pursuant to Paragraph 4.01, or for the purpose of complying with laws, ordinances, rules, regulations or other requirements of government authorities. Any such entrance into the Premises shall be conducted by Lessee in a manner calculated to minimize interference with or disruption of Sublessee's operations within the Premises. ARTICLE V UTILITHgS AND SERVICES 5.01 Responsibility of Sublessee Sublessee shall supply at its cost and expense separate meters, if required, for measuring electricity and water used or consumed as a result of Sublessee's use of the Premises. Sublessee agrees to pay all charges for electricity and water or any other utilities used or consumed as a result of the use of the Premises, including the cost of outside lighting of the Premises, by contracting directly with the utility company furnishing such utilities to the Premises. The Sublessee shall remove its refuse and rubbish from the Premises from which it will be removed at the expense of Sublessee. Sublessee shall be responsible for all garbage and trash removal fees and charges including but not limited to all fees and charges submitted by the Solid Waste Authority for solid waste generated from the Premises. The Sublessee at its expense shall contract for all janitorial services in and about the Premises and shall cause all portions of the Premises to be regularly cleaned. The Sublessee at its expense shall contract for all pest control services in and about the Premises. Sublessee shall also pay any monthly monitoring costs associated with a security system for the Premises. ARTICLE VI INSURANCE 6.01 Insurance by Sublessee During the entire Term of this Sublease or any renewal thereof, Sublessee shall provide insurance as shown in Exhibit "B", listing the Lessee and the Owner as additional insureds. Sublessee shall also provide appropriate insurance for any personnel or employees that will be working on the Premises. 6.02 Personal Property All of Sublessee's personal property placed or moved in or on the Premises shall be at the risk of the Sublessee or owner of the personal property thereof. Except as otherwise provided herein, Lessee shall not be liable for any damage to said personal property, except to the extent caused by Lessee, Lessees agents' or employees' willful or sole negligent acts or omissions. 6.03 Indemnification Sublessee shall indemnify and save harmless the Lessee and Owner, their officers, agents and employees from and against any and all claims, suits, actions, damages and/or causes of action arising during the Term of this Sublease or any renewal thereof, for any personal injury, loss of life and/or damage to property sustained in or about the Premises by reason or as a result of the use and occupancy of the Premises by the Sublessee, its agents, employees, licensees and invitees and the general public and from and against any orders, judgments, and/or decrees which may be entered thereon, and from and against all costs, attorney fees, expenses and liabilities incurred in and about the defense of any such claim. Said indemnification by Sublessee shall not include indemnification for claims, damages, loss, or liabilities which are judicially determined to arise out of the sole negligence or willful misconduct of the Lessee or Owner, their officers, employees or agents. In the event that the Lessee or Owner is made a party to any litigation commenced against the Sublessee or by the Sublessee against any party, then Sublessee shall indemnify, protect, hold harmless and pay all costs and attorneys fees incurred by Lessee or Owner in connection with the litigation and any appeals thereof. Nothing herein shall constitute a waiver of sovereign immunity of the Lessee or Owner. ARTICLE VII DESTRUCTION OR CONDEMNATION OF PREMISES 7.01 Damage or Destruction by Fire, War, or Act of God In the event the Premises shall be destroyed or so damaged or injured by fire, flood or other casualty during the Term of this Sublease or any extension thereof, whereby the same shall be rendered untenable, in whole or in part then the Lessee at its sole option may terminate the Sublease or may permit the Sublessee to commence restoration thereof within one hundred twenty (120) days and therea~er diligently pursue the restoration to completion. In the event of any such casualty Sublessee fails to complete restoration or replacement within a reasonable period of time, the Lessee may, in its sole discretion grant an extension of time or terminate the Sublease, and Lessee may complete the restoration or replacement and Sublessee shall reimburse the Lessee for all costs and expenses in doing so. In the event Lessee or Sublessee elects to terminate this Sublease, instead of permitting the Sublessee to replace or restore the premises, both parties shall be relieved of all further obligations hereunder. The cancellation herein mentioned shall be evidenced in writing. ARTICLE VIII DEFAULT 8.01 Default by Sublessee The occurrence of any one or more of the following shall constitute an Event of Default by Sublessee under this Sublease: (i) Sublessee shall fail to perform or observe any of the agreements, covenants or conditions contained in the Sublease on Sublessee's part to be performed or observed and such failure shall continue for more than thirty (30) days after notice; (ii) Sublessee shall vacate or abandon the Premises; or (iii) Sublessee's leasehold estate shall be taken by execution, attachment or process of law. If any Event of Default occurs, then, at any time thereat~er while the Event of Default continues, Lessee shall have the right, at its own option, to either cure the default and Sublessee shall reimburse Lessee for all expenses incurred by Lessee in doing so or may give Sublessee notice that Lessee intends to terminate this Sublease upon a specified date no less than three (3) days at~er the date the notice is received by Sublessee, and this Sublease shall then expire on the date specified as if that date had been originally fixed as the expiration date of the Term of this Sublease. If, however, the default is cured within the three (3) day period or the Sublessee commences to cure the default within the three day period and thereafter diligently pursues such cure and the Lessee is so notified, this Sublease will continue, provided the cure is perfected within a reasonable time or within the time as may be provided by the Sublease. 8.02 Default by Lessee Lessee shall be in default of this Sublease if Lessee shall fail to observe or perform any term, covenant or condition of this Sublease on the Lessee's part to be observed or performed, and the Lessee shall fail to remedy same within thirty (30) days after notice from Sublessee. In the event the default is of such nature that it cannot by reasonably cured within the foregoing thirty (30) day period, Lessee shall be entitled to a reasonable period of time under the circumstances in which to cure said default, provided that Lessee diligently proceeds with the curing of the default. In the event that the default is not cured by Lessee within the foregoing time period, Sublessee, at Sublessee's option, may cure either said default and Lessee shall reimburse Sublessee for all expenses incurred by Sublessee in doing so, or Sublessee may give to the Lessee a three (3) day notice specifying that the Sublessee intends to terminate this Sublease. Upon receipt of said notice and expiration of the three (3) day time period, this Sublease and all obligations of Sublessee hereunder shall terminate and Sublessee shall thereupon be relieved of all further obligations hereunder. 7 ARTICLE IX ANNUAL BUDGETARY FUNDING/CANCELLATION/PROPERTY TRANSFER 9.01 Appropriations The Term of this Sublease and the Lessee's responsibilities hereunder shall be subject to annual budgetary funding by the Lessee. ARTICLE X QUIET ENJOYMENT 10.01 Lessee's Covenant Upon payment by the Sublessee of the Rent and other charges herein provided, and upon the observance and performance of all the covenants, terms and conditions on Sublessee's part to be observed and performed, Sublessee shall peaceably and quietly hold and enjoy the Premises for the Term hereby demised without hindrance or interruption, subject to the Terms of this Sublease. ARTICLE XI SURRENDER, HOLDOVER 11.01 Surrender of Premises Upon expiration of the Term, the Sublessee shall, subject to the provisions of Section 3.03 of this Sublease, remove at its own cost and expense, its personal property, trade fixtures and equipment and shall deliver the Premises to Lessee in good repair and condition, excepting reasonable wear and tear arising from Sublessee's permitted use of the Premises. 11.02 Holdover Any holdover by Sublessee, with or without the consent of Lessee, at the expiration of this Sublease, shall create a new tenancy from month-to-month between Lessee and Sublessee which shall be subject to all terms and conditions hereof. This holding over shall not result in renewal or extension of this Sublease. ARTICLE XH MISCELLANEOUS 12.01 Notices and Consents Any consents, approvals and permissions by the Lessee shall be effective and valid only if in writing and any notice by either party to the other shall be in writing and shall be deemed to be duly given only if mailed prepaid by certified mail, return receipt requested addressed: (a) if to the Lessee at: City Manager 100 N.W. 1st Avenue Delray Beach, FL 33444 with a copy to: Office of the City Attorney 200 N.W. 1st Avenue Delray Beach, FL 33444 (b) if to the Sublessee at: The Friends of Sandoway House, Inc. 1020 Tamarind Road Delray Beach, FL 33483 Or at such other addresses as the Lessee or the Sublessee, respectively, may designate in writing. 12.02 Severability If any term of this Sublease or the application thereof to any person or circumstances, shall to any extent be invalid or unenforceable, the remainder of this Sublease, or the application of such term to persons or circumstances other than those as to which it is invalid or unenforceable, shall not be affected thereby, and each term of this Sublease, shall be valid and enforceable to the fullest extent permitted by law. 12.03 No Recording Lessee and Sublessee covenant, warrant and agree that neither this Sublease, nor any memorandum, provision or part hereof, shall be recorded in the public records of any county of any state, including without limitation, the public land records of Palm Beach County, Florida. 12.04 Venue This Sublease shall be governed by and interpreted according to the laws of the State of Florida. To the extent allowed by law, the venue for any action arising out of or from this Sublease shall be in Palm Beach County, Florida. 12.05 Captions - Recitals The captions in this Sublease are included for convenience only and shall not be taken into consideration in any construction or imerpretations of this Sublease or any of its provisions. The Recitals comained on page one of the lease are hereby incorporated as if set forth fully herein. 9 12.06 No Representations - Entire Agreement This Sublease constitutes all agreements, conditions and understanding between Lessee and Sublessee concerning the Premises. All representations, either oral or written, shall be deemed to be merged into this Sublease. Except as herein otherwise provided, no subsequent alteration, waiver, change or addition to this Sublease shall be binding upon Lessee or Sublessee unless reduced to writing and signed by them. 12.07 Time of the Essence Time is of the essence with respect to each provision of this Sublease which requires that action be taken by either party within a stated time period, or upon a specified date. Any reference to a certain number of days shall be deemed to be calendar days. Any time period provided herein which shall end on a Saturday, Sunday or legal holiday shall extend to 5:00 p.m. EST of the next business day. 12.08 No Assignment or Subletting or Licensing of Premises Sublessee shall not assign, sublet or license the Premises. 12.09 Radon Radon is a naturally occurring radioactive gas that, when it has accumulated in a building in sufficient qualities, may present health risks to persons who are exposed to it over time. Levels of radon that exceed federal and state guidelines have been found in buildings in Florida. Additional information regarding radon and radon testing may be obtained from the public health unit. 12.10 Benefit and Binding Effect This Sublease shall be binding upon and inure to the benefit of the heirs, successors, legal representatives and assigns of the parties hereto. IN WITNESS WltEREOF, the parties hereto have duly executed this Sublease as of the date set forth below. ATTEST: LESSEE: CITY OF DELRAY BEACH By: City Clerk Mayor Approved as to form and legal sufficiency: City Attorney 10 WITNESSES: SUBLES SEE: THE FRIENDS OF SANDOWAY HOUSE, INC. (Print or Type Name) By: (Print or Type Name) ~and~.~t ll RFJrZBZT  o~e~n~ a~ the ~nterse~t~on o~ ~he Ua ~ange 43B~ according to ~e Pla~ ~hereo~ as I at Page 25 o~ the _ , _ e~orded ~n Plab Bock ~e--- ~ ..... ~ - . ~b~c Records cE Pain Seach ~nr~llel to said ~o~h line o~ ~-~ ..... ~. ' Fly ~ee~ ~o a Point; thence So,,~'~-'~.-~4' a ~ls~a~ce cE 215.06 73.03 ~Ot~ ~O n Po~n~; thence 2aster2 ar ~f. Bea~h ~k 34, a d~s~anca o~ 20- ~ ~_~lol ~ ~a~d no~h l~ne o~zng ~n ~estorn bounda~ line o- k~J- ~'~ ~o ~ Fo~n~; said po[n~ -eg[nning. -' ~a~afloe cz 73.45 fee~ C. Workers Compenma~ton Insurance:. The Lessee maintaln ~orke~s CQmpen~a~-~on ~overage in an amount e~ual. tile statutory limits of employers llabill~F. D. Automobile L!~bili.ty Insuranue~ Lessee ,.shall. ma~ntain non-ownership auto~obile l~abiliky insurance. ~ the amount o~ one million dollars {$1,000,000.00]. E. Professional ~iabill~¥ Insurance: .. Lessee ahnl~ require all design professionals, engaged, in reatora~on and/or renovation o~. the property to i~ance in a~ amour accept~ to the Le~r. The hesscu: shall be name~ as an adclfLtonal..]nmu:e~om polioies required ~ paragraphs. A, n,d D o~ F..~ C. othe~tse agreed to ~ the part,es. :,: H. ~ Lessee shall provide c~t~ates of ~~. · shall, give ~e Lessor t~rty W~Ch [ITY OF [IELRAY BEA[H DELRAY BEACH 100 N.W. 1st AVENUE · DELRAY BEACH, FLORIDA 33444 · 407/243-7000 993 TO: David T. Harden, City Manager FROM: ~ Robert A. Barcinski, Assistant City Manager SUBJECT: Agenda Item # c~ City Commission Meeting February 20, 1996 ~tr~t Cln~ur~ Rnnun.qt. Art ~lnd .l~l?? an th~ Av~nlm DATE: February 15, 1996 ACTION City Commission is requested to approve a request to close Atlantic Avenue from Swinton Avenue to N.E. 6th Avenue and grant a temporary use permit to LDR, Section 2.4.6 (H) for Art and Jazz on the Avenue on March 7, 1996. Commission is also requested to provide staff support for barricading, clean up and police security, and to file the necessary permits with D.O.T. BACKGROUND A concern has been voiced by City staff, event sponsors, some business owners, and citizens about pedestrian safety at this event. Attendance at the event has grown to the point that it has been difficult to segregate pedestrian traffic from vehicular traffic, especially at various locations along the Avenue, i.e., at Elwoods, Federal Highway, Backroom, and the Colony Hotel. Due to the number in attendance, pedestrians are moving into the street. As a result, the Joint Venture, staff and event sponsors are requesting closure of Atlantic Avenue for this event. Joint Venture is also requesting that the City absorb the additional costs for staff overtime and barricade rental. Overtime hours will be needed for barricade removal and cleanup. We will also have to rent additional barricades and message boards for the event. The estimated extra cost for the street closure is $1500-$2000. Businesses along the Avenue have been polled and concur with the closure. RECOMMENDATION Staff recommends approval for the closure of Atlantic Avenue from Swinton Avenue to N.E. 6th Avenue, to provide staff support to include preparation of the D.O.T. permit, and consideration of the City incurring the extra costs for overtime and barricade rental for Art and Jazz to be held on March 7th. Doc.:Art&Jazz.307 $ [lTV DELRAY BEACH AlI-AmericaCity 1993 February 27, 1996 Andy Vaillancourt Florida Department of Transportation 7900 Forest Hill Boulevard West Palm Beach, FL 33413 Dear Mr. Vaillancourt: The City Commission approved (5-0) the street closure request for Art and Jazz on the Avenue at the City Commission Meetin9 of February 20, 1996. The street closure request is to close Atlantic Avenue from Swinton Avenue to N.E. 6th Avenue, includin9 staff support for preparation of the F.D.O.T. permit. If you have any questions, please call me at 407/243-7050. Sincerely, Alison MacGregor Harry City Clerk AMH/slm cc: Robert A. Barcinski, Assistant City Manager Scott Solomon, Superintendent of Streets CITY OF DELRflV ~ } ': >; ,::- -: .- '- -Writer's Direct Line: (407) 243-7091 DELRAY BEACH ~ MEMORAND~ ~ll.~m~ri¢~ TO: City FROM: Susan A. Ruby, City Attorney SLYBJ~CT: (~ontract for Purchas~ and Sal~ o5 ?ate! ?ro~¢rty Thc ¢o~tract before you ~or consideration is for ~ purchas~ o~ prop~y ]o~at~d adjaCent to ~ ~tJousBa~ prop~ r~d to as ~ gas s~tJon or Patti prop~y. Th~ contract co~s ~ sam~ t~s as th~ previous Contract. Mr. Pat~l is not J~t~r~st~d Jn r~du~Jng th~ co~tra~t prJ¢~ to offset r~ov~] o5 ta~s or to offset th~ cost Th~ contraCt purchas~ ~ou~t Js $~2,~00.00. Th~ contract provides ~or an p~rJod o5 s~ty (~0) day~ ~it~ closing to occur ~i~ (30) days a~r th~ ~d o~ i~pectio~ p~rJod. As you may r~m~b~r, ~r~ Js a Sp~¢Ja] ~arrauty D~d Jn ~ ~haJn copy o~ a l~tt~r ~rom C~Js SL~rl~c r~gardJ~g ~nviro~u~] issues on thC sJt~. Pl~as~ call m~ J~ you hav~ any ~u~stio~. By Copy o~ ~Js m~mora~dum to David ~d~u, City Manager, our offic~ r~qu~sts that th~ at~¢h~d ~so]utJon Juco~oratJ~g contract ~or purchas~ a~d sal~, b~ plac~d on th~ Cky Co~issJon ~b~ry 20, agenda ~or Ci~ Co~JssJo~ action. Amc~ems ~ ~ ~ cc: David H~den, Ci~ Mamger Alison MacGregor Ha~, City Clerk Robert Barci~ki, Assistant Ci~ Manager Willim Greenwood, Director of Enviromental Services FAILED - 2/20/96 RESOLUTION NO. 13 - 96 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING THE CITY TO PURCHASE FROM SELLER CERTAIN REAL PROPERTY IN PALM BEACH COUNTY, FLORIDA, LOCATED AT 2228 SEACREST BOULEVARD AS MORE PARTICULARLY DESCRIBED HEREIN, HEREBY INCORPORATING AND ACCEPTING THE CONTRACT STATING THE TERMS AND CONDITIONS FOR THE SALE AND PURCHASE BETWEEN THE SELLER AND THE CITY OF DELRAY BEACH, FLORIDA. WHEREAS, the City of Delray Beach, Florida wishes to acquire certain property located at 2228 Seacrest Boulevard; and, WHEREAS, the Seller, Rajesh K. Patel, desires to sell the property hereinafter described to the City of Delray Beach, Florida; and, WHEREAS, it is in the best interest of the City of Delray Beach, Florida, to purchase said property for the purpose of providing land for the construction of a recreational and educational facility and for other municipal purposes. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the City Commission of the City of Delray Beach, Florida, as Buyer, hereby agrees to purchase from Rajesh K. Patel, as Seller, land for the purchase price of seventy two thousand five hundred dollars ($72,500.00), and other good and valuable consideration; said parcel being more particularly described as follows: See Attachment A ~. That the terms and conditions in the contract for sale and purchase and addenda thereto between the City of Delray Beach, Florida, and Rajesh K. Patel are attached hereto as Attachment B and incorporated herein. PASSED AND ADOPTED in regular session on the ~ day of , 1996. ATTEST: M A Y O R City Clerk patel.ord FAILED - 2/20/96 Attachment A The North 150 feet of the South 290 feet of the East 170 feet of South one-half of the Northwest one-quarter of the Southwest one-quarter of the Southwest one-quarter, Less East 40 feet for road right-of-way, Section 4, Township 46 South, Range 43 East, Palm Beach County, Florida, also described as: Commencing at an iron rod on the westerly right-of-way line of Seacrest Boulevard, which is 140 feet North of and 40 feet West of the southeast corner of the Northwest one-quarter of the Southwest one-quarter of the Southwest one-quarter of Section 4, Township 46 South, Range 43 East, Palm Beach County, Florida; thence mn South 89° 47' 35" West for a distance of 130 feet to a concrete monument; thence mn North 0° 32' 25" West a distance of 150 feet to a concrete monument; thence mn North 89° 47' 35' East for a distance of 130 feet to an iron rod on the westerly right-of-way line of Seacrest Boulevard; thence mn South 0° 32' 25" East along the westly right-of-way line of Seacrest Boulevard a distance of 150 feet to the point of beginning. LESS AND EXCEPT any portion of the property used for public right-of-way. - 2 - Res. No. 13-96 FAILED - 2/20/96 AGREEMENT FOR PURCHASE AND SAI.E This Agreement for Purchase and Sale, is made and entered into as of the ~ day of , 1996 by and between Rajesh K. Patel (Seller), and the City of Delray Beach, Florida, a municipal corporation (hereinafter referred to as the "Purchaser"). WITNESSETH; 1. DEFINITIONS. The following terms as used herein shall have the following meaning: 1.1. "Agreement" - this instrument, together with all exhibits, addenda and proper amendments hereto. 1.2. "Closing Date" - the meaning ascribed thereto in Section 6.2 of this Agreement, unless extended by the terms of this Agreement, or by mutual consent of the parties. 1.3. ~ - the effective date of Agreement shall be the date upon which the City of Delray Beach Commission shall have approved the execution of this Agreement at a formal meeting of Board. 1.4 "Inspection Period" - that certain period of time commencing upon the Effective Date and terminating sixty (60) days thereafter. 1.5 "Permitted Exceptions" - those exceptions to the title of the Property as set forth in Exhibit "B" hereto attached, together with any other title matters that may be waived in writing by the Purchaser. 1.6 "Real Property" - the real property legally described in Exhibit "A' attached hereto and made a part hereof, together with all improvements situate thereon. 1.7 "Tangible Personal Property" Or "Personal Property" - All of Sellers right, title and interest in all appliances, fixtures, equipment, machinery, furniture, carpet, drapes, and other personal property, if any, located on or about the land and the improvements used in the operation and maintenance thereof. 2. SALE AND PURCHASE. In consideration of the mutual covenants herein contained, and various other good and valuable consideration, Seller agrees to sell and convey to Purchaser and Purchaser agrees to purchase from Seller, on the terms, covenants and conditions hereinafter set forth, the Real Property, and Personal Property together with all right, title and interest of Seller in and to any and all streets, roads, highways, easements, accesses and rights of way appurtenant to the Real Property, together with all improvements located thereon, if any. 3. PURCHASE PRICE AND METHOD OF PAYMENT. 3.1 purchase Price. The purchase price of the Property shall SEVENTY TWO THOUSAND FIVE HUNDRED DOLLARS ($72,500.00). 3.2. pi~yment of Purchase Price. On the Closing Date, Purchaser shall pay at the City's election, by wire transfer of immediately available United States currency or by City check, the total amount of the purchase price of the Property, in United States Currency, subject to any adjustments, credits and prorations as herein provided. 3.3. ~. Purchaser has delivered to Seller ONE HUNDRED AND 00/100 DOLLARS ($100.00) in cash (such amount together with all interest, if any, earned thereon being referred to as the "Earnest Money"). If the sale of the property is consummated pursuant to terms of this Agreement, the "Earnest Money" shall be applied to the payment of the purchase price. If Purchaser terminates this Agreement in accordance with any right to terminate that Purchaser is granted by the terms of the Agreement, the "Earnest Money" shall be immediately returned to Purchaser. 4. ACKNOWLEDGMENTS. REPRESENTATIONS AND WARRANTIES OF SELLER. As a material inducement to Purchaser to enter into this Agreement, Seller hereby acknowledges, represents and warrants to the best of his knowledge to Purchaser as follows: 4.1. That Seller is indefeasibly seized of marketable, fee simple title to the Property, and is the sole owner of and has good right, title and authority to convey and transfer the Property which is the subject matter of this Agreement, free and clear of all liens and encumbrances, excepting only the Permitted Exceptions. 4.2 That there is no litigation, investigation or proceeding pending, or to the knowledge of Seller threatened, which relates to or adversely affect Seller's ability to perform its obligations under this Agreement. 4.3 That there are no judicial or administrative actions, suits or judgments affecting the Property, including without limitation, any such laws, ordinances, rules or regulations of any governmental authority having jurisdiction of the Property. 4.4 That there are no existing or pending special assessments affecting the Property, which are or may be assessed by any governmental authority, water or sewer authority, school district, drainage district or any other special taxing district. 4.5 There are no condemnation, environmental, zoning or other land-use regulation proceedings, either instituted, or planned to be instituted with regard to the Property. 4.6 On the Closing Date there will be no outstanding contracts made by Seller for any improvements to the Real Property which have not been fully paid for and Seller shall cause to be discharged all construction liens arising from any labor or materials furnished to the Property prior to the time of Closing. 4.7 All documents executed or to be executed by Seller which are to be delivered to Purchaser at closing will be legal, valid, and binding obligations of Seller. 4.8 There are no service contracts affecting the Property which will survive Closing. 4.9 That all ad valorem real property taxes for the Property have been fully paid for the year 1995, and all prior years. 4.10 That Seller has entered into no other contracts for the sale of any portion of the Property which remain in force. 4.11 That the Property has not in the past been used, and is not presently being used, for the handling, storage, transportation, or disposal of hazardous or toxic substances, wastes or materials. 4.12 It is a condition precedent to closing that all of the representations and warranties of Seller contained in this Agreement shall continue to be true as of the Closing Date, and shall be deemed to be restated and affirmed as of the Closing Date without the necessity of Seller's execution of any document with respect thereto. In the event that any of the Seller's representations shall prove to be materially untrue, Purchaser shall have the right to (i) terminate this Agreement at any time prior to closing upon written notice by Seller, 2 whereupon the parties shall be relieved of all further obligation hereunder; or (ii) proceed to close upon this Agreement without thereby waiving any claim or cause of action against Seller for misrepresentation or breach of warranty. 5. INSPECTION OF PROPERTY. During the Inspection Period, Purchaser and its engineers, surveyors, agents and representatives shall have access to the Property upon reasonable notice for purposes of survey, testing and inspection thereof. All surveys, testing and inspections shall be conducted by Purchaser at its expense, and shall be performed by licensed persons or firms dealing in the respective areas or matters tested. All testing shall be done in the least intrusive manner, and Purchaser agrees to indemnify Seller to the extent permitted by law from and against any and all loss, damage, cost, expense and/or liability of whatsoever nature arising from or out of Purchaser's, its agents, contractors, employees and invites entry upon and inspection of the Property. Notwithstanding the foregoing, the foregoing indemnification shall not apply to, nor prohibit Purchaser from, the disclosure of the results of said inspections as may be required by applicable law. In the event that such inspections shall reveal a deficiency in the Property, as determined by Purchaser in its sole and absolute discretion, Purchaser shall have the right to terminate this Agreement at any time during the Inspection Period by giving written notice thereof to Seller, whereupon the parties shall be relieved of all further obligation hereunder. 6. CLOSING. The parties agree that the Closing upon the Property shall be consummated as follows: 6.1 Place of Closing. The closing shall be held at a mutually acceptable located to Seller and Purchaser. 6.2 Closing Date. The closing shall take place within thirty (30) days after expiration of the Inspection Period, or at such earlier date as is mutually agreed upon by the parties. 6.3 Closing Documents. At closing, Seller shall deliver or cause to be delivered to Purchaser, the following documents, each fully executed and acknowledged as required. 6.3.1 Statutory. Warranty Deed. A Statutory Warranty Deed conveying good and marketable fee simple title to the property, subject only to the Permitted Exceptions. 6.3.2 Affidavit of Seller. An Affidavit with respect to construction lien in form sufficient to permit a title insurer to delete the "construction lien" exception from the title insurance policy, and stating that the Property is free and clear of all encumbrances, leases, licenses, contracts or claim of rights, which claims may serve as the basis of a construction lien. 6.4 Possession. At closing Seller shall deliver full, complete and exclusive possession of the Property to the Purchaser. 6.5 Purchaser's Obligations. At closing, Purchaser shall deliver, or cause to be delivered, to Seller, the following: 6.5.1 Cash due at Closing. The required payment due as cash due at closing as provided elsewhere herein. 7. EVIDENCE OF TITLE. 7.1. Within thirty (30) days after the Effective Date of this Agreement, the Purchaser shall obtain an owner's title insurance commitment issued by a title insurance company acceptable to Purchaser agreeing to issue to the Purchaser upon the recording of the Statutory Warranty Deed to the Real Property, an owner's marketability title insurance policy in the amount of the purchase price, insuring the marketability of the fee title of the Purchaser to the Real Property, subject only to the Permitted Exceptions. The cost of said commitment and policy and any premium thereafter shall be borne by Purchaser. The Purchaser shall have until the end of the Inspection Period, in which to review same. In the event the title insurance commitment shall show as an exception any matter other than the Permitted Exceptions, Purchaser shall notify Seller of Purchaser's objection thereto, and Seller shall act with reasonable effort to remove such exception(s), which exceptions shall be deemed to constitute title defects. The Seller shall be entitled to ninety (90) days from the date of notification by Purchaser (with adjournment of the Closing Date if necessary) within which to cure such defects or to make arrangements with the title insurer for the removal of any such objections from the commitment, however, Seller shall have the option of discharging any such matters at closing out of the closing proceeds. If the defect(s) shall not have been so cured or removed from the commitment by endorsement thereto at the termination of the said ninety (90) day period, Purchaser shall have the option of: (a) accepting title to the Property as it then exists; or (b) terminating this Agreement, by giving written notice thereof to Seller, in which event the parties shall be relieved of all further obligation hereunder. 7.2 Seller shall deliver to Purchaser prior to the Closing an endorsement of the commitment making it effective to within five (5) days of the Closing Date. At closing, the title insurance commitment shall be endorsed to remove any and all requirements or preconditions to the issuance of an owner's marketability title insurance policy, and to delete any exceptions for: (a) any rights or claims of parties in possession not shown by the public records; 0a) encroachments, overlaps, boundary line disputes and any other matters which would be disclosed by an accurate survey and inspection of the Property; (c) unrecorded easements and claims of easements (d) unrecorded and construction liens or claims of liens; (e) taxes for the year of closing and all prior years; (f) matters arising or attaching subsequent to the effective date of the commitment but before the acquisition of record of the fee simple title to the Real Property by the Purchaser. 7.3 From and after the Effective Date of this Agreement, Seller shall take no action which would impair or otherwise affect title to any portion of the Property, and shall record no documents in the Public Records which would affect title to the Real Property, without the prior written consent of the Purchaser. 8. SURVEY.' Purchaser shall have the right, within the time period provided in Section ? for delivery and examination of Title Evidence, to obtain a current survey of the Real Property and all improvements thereon. Said survey shall be prepared in accordance with the minimum technical standards for surveys within the State of Florida. If the survey reveals any encroachments, overlaps, boundary disputes or other defects, other than the Permitted Exceptions, which affect marketability of the Property, the same shall be treated as title defects as described in Section 7 of this Agreement and Purchaser shall have the same rights and remedies as set forth therein. 9. RADON GAS. Radon is naturally occurring radioactive gas that, when it has accumulated in a building in sufficient quantities, may present health risks to persons who are exposed to it over time. Levels of radon that exceed federal and state guidelines have been found in buildings in Florida. Additional information regarding radon testing may be obtained from your County public health unit. 10. EXPENSES. Purchaser shall be responsible for preparation of all closing documents. Purchaser shall submit copies of same to Seller no less than five (5) days before scheduled closing. 10.1 Purchaser shall pay the following expenses at closing. 10.1.I The cost of recording the deed of conveyance. 10.1.2 All costs and premiums for the owners marketable title insurance comittment and policy. 10.2 Seller shall pay the following expenses at closing. 10.2.1 Documentary Stamps required to be affixed to the deed of conveyance. 10.2.2 All costs necessary to cure title defect(s) or encumbrances, other than the Permitted Exceptions, and to satisfy or release of record all existing mortgages upon the Property. 10.3 The Seller and Purchaser shall each pay their own attorney's fees. 11. PRORATIONS. On or before the Closing Date, Seller shall establish an escrow fund with the County Tax Collector pursuant to Florida Statutes Section 196.295, and shall pay into said escrow Seller's prorata portion of ad valorem real property taxes for the year of closing as determined by the Tax Collector. Any outstanding taxes for years prior to 1996 shall be paid by Seller. 12. ~~LT~.. If on the Closing Date, the Property or any part thereof shall be or shall have been affected by assessments, which are, or which may become payable in annual installments, of which the first installment is then a charge or lien, or has been paid, then for the purposes of this Agreement, all of the unpaid installments of any such assessments, including those which are to become due and payable after the Closing Date, shall be deemed to be due and payable and to be liened upon the premises affected thereby, and shall be paid and discharged by the Seller on or before Closing Date. 13. ~/~~J~. In the event that all or any part of the Property shall be acquired or condemned for any public or quasi-public use or purpose, or if any acquisition or condemnation proceedings shall be threatened or begun by a governmental entity other than Purchaser prior to the closing of this transaction, Purchaser shall have the option to either terminate this Agreement, and the obligations of all parties hereunder shall cease, or to proceed, subject to all other terms, covenants, conditions, representations and warranties of this Agreement, to the closing of the transaction contemplated hereby and receive title to the Property, receiving, however, any and all damages, awards or other compensation arising from or attributable to such acquisition or condemnation proceedings. Purchaser shall have the right to participate in any such proceedings. 14. I~EAL ESTATE BROKER. Seller and Purchaser each represents and warrants to the other that it has not dealt with any broker, salesman, agent or finder in connection with this transaction. Without limiting the effect of the foregoing to the extent permitted by law, each party agrees to indemnify, defend and save the other harmless from the claims and demands of any real estate broker, other than broker, claiming to have dealt with the indemnifying party. Such indemnity shall include, without limitation, the payment of all costs, expenses and attorney's fees incurred or expended in defense of such claims or demands. The terms of this Section shall survive the closing or termination of this Agreement. 15. FIRPTA. Seller represents and warrants to Purchaser that Seller is not a "foreign person" as defined by the Federal Foreign Investment in Real Property Tax Act, (the "Act"). At closing, the Seller shall execute and deliver to Purchaser, a "Non-Foreign Certificate", as required by the Act. Seller acknowledges that in the event Seller fails to deliver the Non-Foreign Certificate, Purchaser shall be authorized to withhold from the closing proceeds an amount equal to ten percent (10%) of the gross amount of the purchase price, and to remit same to the Internal Revenue Service, as required by the Act. 16. NOTICES. All notices and elections (collectively, "notices") to be given or delivered by or to any party hereunder, shall be in writing and shall be (as elected by the party giving such notice) hand delivered by messenger, courier service or Federal Express, or alternatively shall be sent by United States Certified Mail, with Return-Receipt Requested. The effective date of any notice shall be the date of delivery of the notice if by personal delivery, courier service or Federal Express, or if mailed, upon the date which the return receipt is signed or delivery is refused or the notice designated by the postal authorities as non- 5 deliverable, as the case may be. The parties hereby designed the following addresses as the addresses to which notices may be delivered, and delivery to such addresses shall constitute binding notice given to such party: 16.1 Purchaser: City of Delray Beach, Florida 100 N.W. 1st Avenue Delray Beach, Florida 33444 Attn: David Harden, City Manager With a copy to: Susan A. Ruby, Esq. City Attorney 200 N.W. 1st Avenue Delray Beach, Florida 33444 Phone: (407) 243-7091 Fax: (407) 2784755 16.2 Seller: Rajesh K. Patel 109A East Boynton Beach Boulevard Boynton Beach, FL 33435 Phone: (407) 738-5616 Any party may from time to time change the address to which notice under this Agreement shall be given such party, upon three (3) days prior written notice to the other parties. 17. ~. Neither Purchaser nor Seller shall assign this Agreement or any interest herein without the prior written consent of the other party. 18. ENFORCEMENT COSTS. In the event any action, suit or proceeding is commenced with respect to interpretation or enforcement of this Agreement, the prevailing party therein shall be entitled to recover all costs, expenses and fee, including, without limitation, reasonable attorney's fees, expended or incurred by such party in connection therewith, including any such costs expenses and fees upon appeal and in post judgment proceedings. 19. DEFAULT. In the event Seller fails or refuses to perform any term, covenant, or condition of this Agreement, Purchaser shall, in addition to any other remedies provided at law or in equity, have the right of specific performance thereof. 20. GOVERNING LAW & VENUE. This Agreement shall be governed by, construed and enforced in accordance with, the laws of the State of Florida. Venue in any action suit or proceeding in connection with this Agreement shall be in Palm Beach County, Florida. 21. t~,I)~LC~F~.t~. This Agreement shall be binding upon, and shall inure to the benefit of, the parties hereto and their respective legal representatives, successors and assigns. 22. ~LO~!L~C. LQ]?~[,~. Neither this Agreement, nor any memorandum or short form hereof, shall be recorded in the Public Records of Palm Beach County, Florida. 23. TIME OF ESSENCE. Time is of the essence with respect to the performance of each and every provision of this Agreement where a time is specified for performance. 24. I~:LT.,~,O.]~J~. This Agreement constitutes the entire understanding and Agreement between the parties with respect to the subject matter hereof, and may not be modified or amended, except in a writing signed by all of the parties hereto. 25. EFFECTIVE DATE OF AGREEMENT. This Agreement is expressly contingent upon the approval of the City Commission of the City of Delray Beach. 26. ~. The paragraph headings or captions appearing in this Agreement are for convenience only, are not part of this Agreement, and are not to be considered in interpreting this Agreement. [This page is intentionally left blank] IN WITNESS WHEREOF, the parties have caused this Agreement to be executed in their respective names, on the dates set forth below. Signed, sealed and delivered in the presence of: Date of Execution by Seller: , 1996 WITNESSES:Q ?'<,~7...~, ~ RAJESH K~,_~/ Witness Signature v W~_.~/ Name Printed or Typed State of Florida County of QQIca ~eQCL. The foregoing instrument was acknowledged before me this ~nq day of ~'e ~-txc~.-~ , 1996 by ~j~5~ ](. ~1 (name of person acknowledging), who is personally known to me ~d ,~,,..~a.~.) as identification and who (~c~. did (~t) take an oath. Signature of Notary ~blic ~tate of Florida Print, Type, or Stamp Name o~ Notary ~blic Date of Execution by Purchaser: , 1996 CITY OF DELRAY BEACH, FLORIDA, a Florida municipal corporation By: Title: ATTEST: City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY: City Attorney pat¢13.agt l'he North 150 feet of the South 290 feet of the East 170 feet of South one-half of the Northwest one-quarter of the Southwest one-quarter of the Southwest one-quarter; Less East 40 feet for road right-of-way, Section 4, Township 46 South, Range 43 Fast, Palm Beach County, Florida, also described a~: /' Commencing at an iron tod on the ~esterly right-of-way line of ~acrest Boulevard, which is 140 feet No.rth of and 40 feet West of the southeast corner of the Northwest one-quarter of the Southwest one-quarter of the Southwest one-quarter of Section 4, Township 46 South, Range 43 East, Palm Beach County, Florida; thence run South 89' 47' 35' West for a distance of 130 feet to a concrete to a concrete montunent; thence run North 0° 32' 25' West for a dhtance of 150 feet to a concrete monument; thence mn North 89° 47' 35' East for a cthtaace of 130 feet to an iron rod on the westerly fight-of-way line of Seacrest Boulevard; thence nm South 0* 32' 25' East along the westerly right-of-way line of Seacrest Boulev._ard a distauce of 150 feet to the point of beginning. -- LESS ~ EXCEPT any portion of the property u~ed for public right-of-way. Tax ID Number or Folio Number of Property: Grantee's Social Security Number or Tax 1D Number Prepared by and AFTER R£CORDINO RETURN TO: Susan Ruby, Esq. City Attorney 200 N,W. Ist Avenue Delray Beach, Florida 33444 STATUTORY WARRANTY DEED RAJESH K. PATEL, ("Grantor") whose address is for and in consideration of the suni of TEN AND NO/100 DOLLARS ($10.00) paid to Grantor and oilier good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, as GRANTED, SOLD and CONVEYED and does hereby GRANT, SELL and CONVEY unto the City of Defray Beach, whose address is 100 N.W. 1st Avenue, Defray Beach, Florida, 33444 in fee simple lille, tl.m certain land located in Pahn Beach Comity, Florida, being more particularly described in Exhibit 'A, attached hereto and incorporated herein by reference, together with all improvements, if any, located on such land (such land and improvements being collectively referred to as the "Property"). This conveyance is made and accepted subject to all matters (the "Permitted Exceptions") set forth in ~, attached hereto and incorporated herein by reference. TO HAVE AND TO HOLD the Properly, together with all and singular the rights and appurtenances pertaining thereto, including all of Grantor's right, title and interest in a,d to adjacent streets, alleys and rights-of-way, subject to the Permitted Exceptions, unto Grantee and Grantee's heirs, successors and assigns forever. And Grantor hereby covenants with Grantee that, except as above noted, that at the time of the delivery of this Warranty Deed the .Property was free from all encumbrances made by it and that Grantor will warrant and defend the same against the lawful claims and demands of all persons claiming by, through or under Grantor, but against none other. EXECUTED on the date set forth in the acknowledgment attached hereto to be effective as of the ~ day of , 199~. WITNESS: . RASESH K. PATEL Name: Grantor Name: State of Florida County of The foregoing instrument was acknowledged before me this day of , 1995 by (name of person acknowledging), who is personally known to ine or who has produced (type of identification) as identification and who did (did not) take an oath. Signature of Notary Public - State of Florida Print, Type, or Stamp Name of Notary Public l'he North 150 fee~ of ~he Sou~h 290 feet of the East 170 fce~ of Sou~ one-~f of ~e 40 feet for road fight~f-way, ~cdon 4, To~p 46 Sou~, ~e 43 ~t, P~ Beach Co~t~, Flofi~, ~o described ~: /' CommeDc~g at ~ kon ~od on ~c ~es~erly right-of-way l~e of S~a~r~ Boulev~d, w~ch ~ 140 feet No~ of ~d 40 feet West of ~e sou~c~ come~ of ~e No~w~t one~r of ~e Sou~west once--er of ~e Sou~w~t one~r of Section 4, To~p ~ Sou~, ~ge 43 E~I, P~ Beach Count, Flofi~; ~ence m Soua 89' 47' ~5' W~t for a dh~ce of 130 feet to a concrete to a concrete mon~ent; ~euce m No~ 0' 32' ~' W~t for a dh~ce of 150 feet to a concre~ monment; ~ence m No~ 89° 47' 35' ~t for a ~ce of 130 feet w ~ kon md on ~e wes~rly fight~f-way ~e of Seacrest Boulev~d; ~ence m Sout 0' t2' ~' E~t ~on/te wese~ly fi~ht~f-way l~e of S~c~st Bo~e~d a ~ce of 150 f~t to ~e po~t of beginning. -- I..E.~S AHD EXCEPT ~ny portion of the property u~¢d for public right-of-way. EXHIBIT B TO STATUTORY WARRANTY DEED PERMITTED EXCEPTIONS TO DEED 1. Taxes and assessments for the year of 1996 and subsequent years, which are not yet due and payable. RAJESH K. PATEL, [l]("Assignor"), for and in consideration of the sum of TEN AND NO/100 DOLLARS ($10.00) and other good and valuable consideration paid to Assignor by [2] the city of Delray Beach ("Assignee"), the receipt and sufficiency of which are hereby acknowledged, has ASSIGNED, SOLD, CONVEYED and DELIVERED, and does hereby ASSIGN, SELL, CONVEY and DELIVER unto Assignee, its successors, heirs~ executors, administrators personal representatives and assigns, all of Assignor's right, title and interest, if any, in and to the following: 1. All of the fixtures, equiplnent, machinery, furniture and other personal property (the *Personal Property") placed or installed on or about the real property (the "Real Property") beiug more particularly described in Exhibit A, attached hereto and incorporated herein by reference; and, 2. All intangible property (the "Intangible Property") pertaining to tile Real Property or the Personal Property or the use thereof including, without limitation, transferable utility contracts, transferable telephone exchange numbers, plans and specifications, engineering plans and siudies, floor plans a'nd landscape plans relating to tile same or any part of tile same. 3. The Assignor for itself and its successors, covenant to and with the Assignee, its successors and assigns, that it is tile lawful owner of the personal property and intangible property; that they are free from all encumbrances; that it has good right to sell the aforesaid, and that it will warrant and defend tile sale of the personal properly and intangible personal property on behalf of the Assignee, its successors and assigns, against the lawful claims and demands of all persons whomsoever. By acceptance of this Bill of Sale, Assignee accepts and agrees to all matters set forth herein. EXECUTED this ~ day of ., 199__. RAJESH K. PATEL WITNESSES: Nalne: Name: fhe North 150 feet of the South 290 feet of the East 170 feet of South one-lmlf of the Northwest one-quarter of the Southwest one-quarter of the Southwest one-quarmr; Less East 40 feet for road fight-of-way, Section 4, Township 46 South, Range 43 East, Palm Beach Count'y, Florida, also described as: /' Commencing at an iron rod on the r~esterly right-of-way line of Sbacrest Boulevard, which is 140 feet North of and 40 feet West of the southeast corue~ of the. Northwest one-qtmrter of the Southwest one-quarter of the Southwest one-quarter of Section 4, Township 46 South, Range 43 Fast, Palm Beach County, Florida; thence nm South 89' 47' 35' West for a distance of 130 feet to a concrete to a concrete monument; thence nm North 0° 32' 2~' West for a distance of 150 feet to a concrete monument; thence nm North 89' 47' 35' East for a distance of 130 feet to an iron rod on the westerly right-of-way line of Seacrest Boulevard; thence nm South 0° 32' 2..5' East along the westerly right-of-way line of Seacrest Boulev._ard a distance of 150 feet to the point of beginning. -- I..F.~S AND F. XCI!PT any portion of th,, property used for public right-of-way. TO: DAVID T. HARDEN City Manager ~~, FROM: William H. Greenwood Director of Environmental Services SUBJECT: SEACREST PROPERTY ACQUISITION (PATEL PROPERTY) PROJECT NO. 96-08 DATE: January 26, 1996 The Ground Penetrating Radar (GPR) test was completed at the Patel property on Friday, January 19, 1996. The GPR test was performed over four (4) possible tank sites. The remaining tank sites from the original gas station could not be located using GPR since the sites are under the existing building. Three of the sites showed no evidence of abandoned tanks, the fourth site showed the location of an abandoned tank of approximately 500 to 1000 gallons. To verify the GPR results, Nutting Engineers performed some auger borings within the location of the abandoned tank. Three feet below the surface a metal tank was found. The enclosed site plan from the original gas station shows the four (4) locations of the GPR tests. Number three (3) is the tank that was found. Based on all the information obtained from this site, it may be reasonable to assume that only one tank still exists. This is assuming that the tanks under the existing building were removed during construction. Furthermore, based on the tank removal estimates previously obtained, the cost for removing the found tank should be less than $2,000.00 assuming the tank does not contain hazardous wastes. 'There are still some inherent risks in acquiring this property, however, through field test many variables have been eliminated. The remaining assumptions can only be eliminated by excavating the found tank and by demolishing the building. WHG/KJB/gm Enclosure: 1 Susan Ruby, City Attorney C. Danvers Beatty, P.E., City Engineer File: 96-08(A) DR. BERNARD SHULMAN OF PALM BEACH COUNTY, FLORIDA SUPERINTENOENT OF SCHOOLS ENVIRONMENTAL CONTROL OFFICE 1400 NORTH FLORIDA MANGO ROAD WEST PALM REACH, FL 33409 (40'7) 684-515~ BEACH TO: Jan Hansen Planning & Real Estate FROM: Chris M. Skerlec ~ Environmental Control Of£icer DATE: January 24, 1996 SUBJECT: Seacrest Property Acquisition/Atlantic High Please address the following concerns in any agreement that the School District enters into prior to accepting the Seacrest properties. I have reviewed the environmental audit reports provided to the City of De!ray Beach by Nutting Engineering and have visited the site. The environmental audit by Nutting Engineering has confirmed that fuel tanks, monitoring wells and a potable water well remain on site. They have done some preliminary soil and groundwater sampling in the area of existing fuel tanks and where tanks were previously removed. OVA readings on soil samples showed very minimal contamination in one area. My concern is that no soil samples were taken in the area of the 3 fuel islands which is often a site of contamination caused by leaking pumps, fuel lines and spillage. Also not addressed in the audits, is whether or not hydraulic lifts exist or existed inside the service station garage. Again, these lifts are often a source of contamination. Further testing is called for during the removal of tanks, fuel lines, fuel islands and hydraulic systems. I recommend that the School District not accept this property until all fuel tanks and lines, monitoring wells, potable water well and any hydraulic systems are completely removed from the properties and documentation is received that no contamination cleanup is required by the regulatory agencies, Palm Beach County DERM or the Florida Department of Environmental Protection. Language to this effect should be included in any agreement we sign. Hansen/Skerlec January 24, 1996 Page 2 Architect Services also is looking to receive the proper~y with all buildings, paving and debris removed and the site rough graded. If you have any questions on these comments, please call me at PX 45154. cc: Larry Zabik, Asst. Supt./Support Services Mike Murgio, Planning & Real Estate Russ Smith, Coordinator/Architect Se-~vices Agust ~ernandez, Planning & Real Estate Bob Rosi!!o, Associate Counsel/Legal Services Bob Skakandy, RE Acq. Coordinator/Planning & Real Estate Earl Shinder, Design Review Spec./Architect Services Dan Whetstone, Coordinator/Regulatory Compliance i:ITY DF DELRflY BEAI:H CITY ATTORNEY'S OFFICE Writer's Direct L~e: (~7) 243-7~1 DELRAY BEACH lll.l~rica Ci~ DATE: Febma~ 15, 1996 ,~ TO: Ci~ Co~ission 1993 FROM: Susan A. Ruby, Ci~ Attorney SUBJECT: Pine~vple Grove Mainstreet Agreement The Ci~ Co~ssion agreed m loan to ~e C~ $30,0~.00 each year for a t~ee year peri~ ($90,~.00 ~ mml) for ~e P~eapple Grove Ma~treet Progrm to be repaid by the C~ from increased Tax Increment Fimncing Funds (T.I.F.S.) Attached is an ~terlocal agreement setting fo~ ~e repayment obligatiom of ~e C~. The Agreement provides ~at if the City receives re~bursement from the C~ of $90,~.~ from T.I.F.S. generated ~om ~e Pineapple Grove Maim~eet area (in excess of ~e 1994 base year) by 2~5, no interest will be due. If the total mount is not received by the year 2005, the rema~ng unpaid balance will be paid to the Ci~ in equal im~llments over ~e next five year period (2~6 t~ough 2010) from T.I.F.S. generated from ~e entire Co~u~ Redevelopment area, plus 12% interest on mo~es outstanding, payable a~ually. C~is Brown, Executive Director of ~e C~, has requested that I relay to you ~t they do not want to pay interest on the outstanding amount as set fo~ in the agreement. He aIso indicated it was his belief that repayment from T.I.F.S. ~oughout ~e C~ boundaries was not orig~ally contemplated. I have attached a copy of the resolution and m~utes and agenda memo for your i~omation. By copy to David Harden, City Mamger, our office requests ~at this interlocal agreement be placed on ~e Ci~ Co~ission Febma~ 20, 1996 regular agenda for cc: David Ha~n, Ci, Manager ~~~~ ~ ~ ~ Alison MacGregor Ha~, Ci~ Clerk C~is Brown, Executive Director, C~ --~-'--- -~r~ ~ ~ Robe~ Federspiel, Esq. grove.sar INTERLOCAL AGREEMENT BETWEEN THE CITY AND THE DELRAY BEACH COMMUNITY REDEVELOPMENT AGENCY THIS AGREEMENT is entered into this day of , 1996, by and between the CITY OF DELRAY BEACH, a municipal corporation existing under the laws of the State of Florida (the "City"), and the DELRAY BEACH COMMUNITY REDEVELOPMENT AGENCY, an agency established pursuant to Florida Statute Section 163, Part III, ("Agency"). WHEREAS, the City, by Resolution 58-94, adopted July 15, 1994, authorized and endorsed the submission by Pineapple Grove Main Street, Inc. an application to participate in the Florida Main Street Program (the "Program"), with the specific goal of revitalization of the Central Business District; and, WHEREAS, the Pineapple Grove area is within the boundaries of the Agency; and, WHEREAS, the City, by said resolution, formally approved funding for the Program in the amount of thirty thousand dollars ($30,000.00) per year for three years in an effort to ensure the Program's success in the City of Defray Beach, Florida; and, WHEREAS, the approval of the resolution was subject to a caveat that the City's contribution will be reimbursed by the Agency from increased Tax Increment Financing Funds (T.I.F.S.); and, WHEREAS, the Agency desires to participate in promoting the Pineapple Grove Mainstreet Program. NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL PROMISES SET FORTH HEREIN, THE PARTIES AGREE AS FOLLOWS: 1. That the recitations set forth above are hereby incorporated as if fully set forth herein. 2. The Agency shall reimburse the City ninety thousand dollars ($90,000.00) for the City's contribution to the Pineapple Grove Mainstreet Program. 3. The Ninety thousand dollars ($90,000.00) shall be paid to the City from increased T.I.F.S., received by the Agency, in excess of the T.I.F.S. received by the Agency in 1994 for the Pineapple Grove Mainstreet area which is shown on the attached Exhibit A, and when received, shall be immediately paid over to the City until the total amount due the City is paid in full. If the payment is received by the City by the year 2005, no interest shall be payable to the City. 4. If the increase in T.I.F.S. as described in Paragraph 3 does not provide Ninety thousand dollars ($90,000.00) in tax increment revenues by 2005, the Agency shall pay to the City the balance due the City prorated in equal amounts over the next five year period (2006 through 2010) from T.I.F.S. generated from the entire Community Redevelopment area, plus interest at 12% per annum (non-compounded) from 1994 until present on all outstanding payments due the City. 5. The Agency shall provide the City with a statement each year showing the amount of the T.I.F.S. generated over the 1994 base year. 2 6. This Agreement shall be inferior to and subordinate to all bond obligations of the Agency. ATTEST: CITY OF DELRA. Y BEACH, FLORIDA By: City Clerk Thfmas~q.~Lynch, Mayor Approved as to Form and ~Y~ ~ Attorney WITNESSES: COMMUNITY REDEVELOPMENT AGENCY By: Signature (Type or Print Name) (Type or Print Name) STATE OF COUNTY OF The foregoing instrument was acknowledged before me this day of , __by (name of officer or agent, title of officer or agent), of (name of corporation acknowledging), a (state or place of incorporation) corporation, on behalf of the corporation. He/She is personally known to me or has produced (type of identification) as identification and did (did not) take an oath. Signature of Person Taking Acknowledgment (SEAL) Name of Acknowledger Typed, Printed or Stamped Title or Rank mainst.agt 4 EXHIBIT A ,, ~ ~ ~.-- #~ ~ -- ATLANTIC ~ AVENUE ~. , ,~.~ RESOLUTION NO. 58-94 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING AND ENDORSING THE SUBMISSION OF AN APPLICATION TO PARTICIPATE IN THE "FLORIDA MAIN STREET" PROGRAM; PROVIDING FOR A FUNDING COMMITMENT AND OTHER SUPPORT. WHEREAS, the Florida Main Street Program ("Program") has been created to assist Florida communities to develop a public-private effort to revitalize their "Main Street" areas; and WHEREAS, up to three cities may be selected to participate in the Program in the upcoming year. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the City Commission of the City of Delray Beach, Florida, hereby authorizes and endorses submission by Pineapple Grove Main Street, Inc., of an application to participate in the Program with the' specific goal of revitalization of the Central Business District. Section 2. That the City Commission of the City of Delray Beach, Florida, agrees to support that local Main Street Program and participate in its activities, and hereby commits to provide funding in the amount of $30,000.00 per year for three (3) years in an effort to insure the Program's success in the City of Delray Beach, Florida. PASSED AND ADOPTED in regular session on this 19th day of July, 1994. ATTEST: Ci%y Cl~rk/- MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: ~CITY MANAGER SUBJECT: AGENDA ITEM ~ ~.~. - MEETING OF JULY 19. 1994 RESOLUTION NO. 58-94/FLORIDA MAIN STREET PROGRAM DATE: JULY 15, 1994 This is before the Commission to approve Resolution No. 58-94 which authorizes and endorses the submission of an application to participate in the "Florida Main Street" Program, and also provides for a funding commitment in the amount of $30,000.00 per year for three (3) years and other support in an effort to insure the program's success. The Florida Main Street Program, sponsored by the State Bureau of Historic Preservation, recognizes cities that are working to preserve and revitalize their traditional downtown centers. Main Street cities are eligible to receive a $10,000 grant to help cover the cost of program activities. Pineapple Grove Main Street, Inc. was created to implement the Main Street Program for the Pineapple Grove commercial area. The group is made up of business and civic leaders who will be following the Main Street approach to revitalize the Pineapple Grove area, regardless of whether or not the designation is actually achieved. Their first task is the preparation and submission of the application for the Florida Main Street designation. An important component of the application is the City's commitment for financial and other support. The funds committed for this project are available in Contingency (Account No. 001-6111-519-99.02). As currently envisioned, the Department of Planning and Zoning will provide technical support to the Main Street organization, with the Director acting as the group's City liaison. At the July 12, 1994, workshop meeting, it was the unanimous consensus of the City Commission to support this program. Resolution No. 58-94 formalizes the Commission's endorsement as well as the funding commitment. Although not included in the resolution, it is understood that the City's contribution will be reimbursed by the Community Redevelopment Agency (CRA) from increased T.I.F. revenues, if the program is successful. Recommend approval of Resolution No. 58-94. ref:a:agmemo4 PINEAPPLE iROV'E MAIN STREET. INC. Proposed Budget- Program Year 1 October 1, 1994 to September 30, 1995 Cash Amounts "In Kind' Total Public Sector. City Commission $ $ 30.000 $ 30.000 $ - $ 30.000 Joint Venture - 2.500 2.500 Community Redevelopment Agency' 5.000 5.000 7.600 12.600 Downtown Development Authority' 5,000 5,000 - 5,000 40.000 40.000 10.1'00 50.100 Pnvate Sector. Fundraising - Founders/Sponsors - 10.000 10.000 - 10.000 Fundraising - Other - 3.500 3.500 - 3.500 Membership Dues - 2.000 2.000 - 2.000 Other - - 4,000 4.000 Total lncome $ - $ 55,500 $ 55,500 $ 14,100 $ 69,600 Salary - Program Manager $ 30,000 $ $ 30,000 Benefits - Program Manager 4.000 4,000 Salary & Benefits - Staff 4,000 4,000 Travel 3,000 3,000 Advertising & Promotion 2,500 2,500 Postage 800 800 Office Supplies 500 - 500 Office Expense Printing/Photocopy 2.000 2.000 Photographic Supplies 500 500 Insurance 1.000 - 1.000 Rent 3.000 3.000 Telephone ~;,-~-- - 1,200 - 1,200 Professional O~ - - Answering Machine~ewice 300 300 Contingency - - Professional 1,500 1,500 Janitorial - - Projects Budget 15,000 - 15,000 Total Expense~ Ii ~,~00 ~ 14,100 ~ 69,600 Net Surplus (Deficit) ~ ' t; ' ~ ' 'Both the CRA and DDA are inciuding the pledge~ herein reflected in their r~ 1994/1995 ~ being 'wo~kshopped' as of the curmflt date. Neither of the age~N3es will finalize it~ budget until Se~. 1994. 4. Lightinq for Pompey Park Outdoor Basketball Courts. The proposal before the Commission is to provide direction on whether to proceed with plans to light the outdoor basketball courts at Pompey Park. The City Manager stated that staff is also recommending that fencing be included if we proceed with the project. Joe Weldon, Director of Parks and Recreation, advised that the cost for the lighting would be $26,500 for construction and $2,100 for engineering services, for a total cost of $28,600.00; the cost for the fencing is estimated at $2,000 to $2,500. On question from Mr. Ellingsworth, the City Manager advised that funds are available from Contingency to proceed with this project. Mr. Harden also informed the Commission that staff is looking at the old basketball courts at the Catherine Strong Center to see if they can be rejuvenated and made available for play to people in that neighborhood. It was the unanimous consensus of the Commission to proceed with this project (lighting and fencing for the outdoor basketball courts at Pompey Park). At this point, the time being 6:10 p.m. and Captain Dane Mark having arrived at the meeting, the Commission returned to the Special Meeting portion of the agenda. SEE MINUTES OF SPECIAL MEETING OF THE CITY COMMISSION FOR JULY 12, 1994. The Special Meeting was adjourned at 7:20 p.m., at which time the Commission returned to the workshop. 1. ~lorida Main Street Proqram. Mr. Jim Stahl, President of Pineapple Grove Main Street, Inc., briefly discussed the "Main Street" concept and the focus on the Pineapple Grove area for this designation. He introduced Susan Brown (Vice President), John McKenna (Treasurer), Michael Weiner (Fundraising Chair), MarJorie Ferret from the Joint Venture, and Tom Fleming, volunteer Main Street Coordinator. Mr. Stahl emphasized that the initial focus will be on Pineapple Grove with the Main Street effort; however, if the Main Street designation is achieved, it is something that will apply to the entire city. He further stated that the effort to revitalize the Pineapple Grove area will go forward regardless of whether or not the Main Street designation is received from the State. Ms. Susan Brown, Vice President of Pineapple Grove Main Street, stated that this Main Street effort is an opportunity for the revitalization of a commercial core that is used by virtually everyone in the city at some point. She advised of certain critical dates to be met, the first being the application deadline of July 29, 1994. By that time, they must be able to certify a three-year budget · as a part of the application. August 24th is the date the group will make their presentation to the Selection Committee in Ocoee, Florida. If selected, representatives of the Selection Committee will come to Delray Beach sometime early in September to visit Pineapple Grove Main Street. The official program start date is October 1, 1994. Mr. Tom Fleming, currently the Main Street Coordinator, discussed in some detail the Main Street program, its purpose and objectives, benefits derived, and the approach being undertaken to successfully implement the program in Pineapple Grove. Mr. John McKenna, Treasurer of Pineapple Grove Main Street, discussed the proposed budget for the Main Street Program Year noting that the time frame associated with the Main Street process requires that the budget include fixed numbers which can be certified as part of the application to be submitted by the end of July. In his closing remarks, Mr. Jim Stahl asked the Commission to seriously consider making the necessary financial commitment to assist Pineapple Grove Main Street, Inc. in getting the program started. The actual request is for $30,000.00 per year for three (3) years. Discussion by the Commission followed. Mayor Lynch stated that he is very supportive of the program and, provided the rest of the Commission concurs, is willing to take the risk and commit to the funding of $30,000.00 per year for three years. However, this with the understanding that if the program is successful and the redevelopment works, the City would be reimbursed this "up front" money through some kind of an agreement with the CRA where they would repay the city out of their increased tax increment financing (T.I.F.) revenues. Also, if there is a grant or grants which may come in from some other area, possibly CDBG, then the City's share would go down. Mr. Fleming advised that the Pineapple Grove Main Street group has in the last several days been looking at some very specific funding possibilities that might be available from outside sources, particularly State and/or Federal sources. They have been in contact with HUD and are waiting for an answer from Washington which might be of some additional help. It was the unanimous consensus of the Commission to support the Main Street Program concept, subject to working out the terms of an agreement with the CRA for reimbursement from increased T.I.F. revenues should the program be successful, and how any other funds that might be available would work into it. DELRAY BEACH Delray Beach Police Department NI-AmedcaC~ 300 West Atlantic Avenue · Delray Beach, Florida 33444-3695 '~11;' (407) 243-7888 Fax (407) 243-7816 199~ MEMORANDUM RECbtVE,",) TO: David T. Harden, City Manager JAN 2 1 1996 CITY FROM: Richard M. Lincoln, Major i~¢ Acting Chief of Police DATE: January 22, 1996 SUBJECT: .OFF-DUTY DETAIL RATE OF PAY !NCREA. SE. As you are aware, the P.B.A. requested an off-duty detail rate of pay increase on September 7, 1995 (copy attached). Due to the fact that we were working on developing a comprehensive policy on the entire issue of off-duty employment, the rate increase was delayed until the completion of the policy. We then had discussions as to the viability of developing a system wherein all off-duty work compensation would go through payroll deduction both for monitoring purposes as well as ensuring that police department employees comply with tax regulations. Following meetings with Mr. Safford and Mr. Gusty, it is our recommendation that we move forward with the rate increase, however, take no further action at this time with respect to the payroll deduction concept. Among the different issues identified that could be a problem in administering this type of a system includes the fact that the employee would oftentimes have to wait two to four weeks for payment after providing an off-duty service due to the fact that the City would not pay the employee "up front" and then rely upon thc off-duty employer to make reimbursement to the City. It would be my recommendation that we move forward with thc rate modifications and put present off-duty employers on notice that the rate of pay will increase to $18.00 per hour effective April 1, 1996 and then increase to $20.00 per hour on January 1, 1997. This modification will be announced and employers will be notified when you have given this issue consideration and your approval. RML/ppt Attachments cc: Chief Overman Finance Director Safford Human Resources Director Gusty DELRAY BEACH Delray Beach Police Department AII-AmericaC~ 300 West Atlantic Avenue. Delray Beach, Florida 33444-3695 I''''' (407) 243-7888 Fax (407) 243-7816 11[ RECEIVE 1993 MEMORANDUM Die - 8 ! 75 CITY ~ ....... ' '~cc~rc TO: David T. Harden, City Manager j FROM: Richard G. Overman, Chief of Police I~/~ DATE: December 7, 1995 SUBJECT: ..OFF-DUTY DETAIL RATE OF PAY INCREASE Attached is a letter from the P.B.A. regarding a request to increase the off-duty rate of pay effective 01/01/96 and 01/01/97. It would be my recommendation that we approve this request as Delray Beach police officers are on the low end of the pay scale in this regard in Palm Beach County and the increase would not represent an unreasonable step. I have held off on submitting this request due to the fact that we have been working on refining our off-duty/extra duty detail policy and now that this has been accomplished, it would seem to be an appropriate time to address the rate increase. At the present time we have been discussing the possibility of all of our off duty work being addressed through payroll with the appropriate I.R.S. deductions calculated and the inclusion of some type of administrative fee in the hourly rate to offset the time spent on this by City staff. ppt Attachment PALM BEACH COUNTY POLICE BENEVOLENT ASSOCIATION, INC. MAILING ADDRESS ~~~ ADMINISTRATIVE OFFICES P.O. Box 1481 ~ 1501 Whitehall Rond West Palm Beach, FL 33402 West Palm Beach, FL 33405 (407) 689-3745 (407) 689-3745 (407) 687-0154 Fax September 7, 1995 Chief Richard Overman Delray Beach Police Department 300 West Atlantic Avenue Delray Beach, Florida 33444 Dear Chief Overman: As a result of the officer's interest in the rate of pay for off-duty details, the PBA is requesting that the City of Delray implement the following rate increase: The rate of Off-Duty Detail pay is to increase to $18.00 per hour on January 1, 1996 (approximately four months from this date), and to $20.00 per hour on January 1, 1997. If you have any questions or concerns, please do not hesitate to contact the PBA Office. Sincerely, Ernest W.~resident Palm Beach County P.B.A. EWG:pda cc: Alex Eatista Vinny Mintus The Voice of Palm Beach County's Law Enforcement Ernest W. George, President - Robert Provost, Vice-President - Arthur Apicella, Secretary-Treasurer MEMORANDUM REC~-IVED FEB - 8'1 4 TO: David T. Harden, City Manager CITY M~ ,, , t~[l~lr,b FROM: Edward J. Gusty, Human Resources Director~'} j°l SUBJECT: CITY pOLICE DEPARTMENT - OUTSIDE EMPLOYMENT SALARY ANALYSIS DATE: February 5, 1996 Attached results are from a phone survey completed on February 2, 1996 by Human Resources. Should you require additional information, please advise. EJG/pf SURVEY PAYMENT FOR OUTSIDE EMPLOYMENT/POLICE OFFICER IN UNIFORM DATE: February 2, 1996 COMPLETED BY: Patsy CITY OUTSIDE EMPLOYMENT/PO IN UNIFORM Boca Raton special rote - not considered overtime paid through special fund. Boynton $20.00 per hour no admin, costs/no holiday difference Coral Springs $20.00 per hour/three hour rninlmtlm $30.00 per hour/for Holiday detail Filing fee - $3.00 per hr., per Officer vehicle req. additional $4.00 per hr., per Officer Deerfield Beach see BSO Ft. Lauderdale negotiated between Police Officer and employer Pompano Beach if paid in cash $19.00 per hour if billed $20.00 per hour $27.00 per hour/for Holiday detail Broward Sheriff's Office $23.00 per hour/three hour minimum if four or more are needed, a Sergeant is required, and the Sergeant is paid $26.25 per hour Dania see BSO Greenacres Public Safety - they get paid time and one half for working special detail in uniform Hallandale $16.78 per hour for Police Officers $18.45 per hour for Captain time and one half on the above rates for Holiday detail West Palm Beach 5% per hour is added to the current rate of pay, therefore it varies, depending on salary - MIN. $13.72 - MAX. $19.34 Palm Beach County $14.40 per hour- County charges $22.00 which includes FICA~¢tirement and a 13% administrative overhead. If more than four Deputies work, they have to have a Supervisor (Sgt. or above) who is paid $16.70 per hour. Palm Beach Gardens $20.00 hour M E M O R A N D U M TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER ~?~1 SUBJECT: VACANCY ON THE BOARD OF ADJUSTMENT DATE: FEBRUARY 15, 1996 With the appointment of Lee Wilder, Jr. to the Board of Adjustment as a regular member, a vacancy has been created for an alternate member on the Board of Adjustment for an unexpired term ending August 31, 1997. In order to qualify for membership, a person shall either be a resident of, or own property in the City, and/or own a business within the City. Pursuant to commission direction, a check for code violations and property liens was conducted. None were found. The following persons have applied and have submitted their applications and resumes for your review: Donald Allgrove Richard Brautigan David Cohen Anne Hoctor Leo Koppman Janet Phipps Benjamin F. Ricker, III Nicole Sarlo Sid Soloway Leonard Syrop The appointment will be made by Commissioner Randolph (Seat #4). Recommend appointment of an alternate member to the Board of Adjustment to fill an unexpired term ending August 31, 1997. lllboa.doc M E M 0 R A N D U M TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER ~t~'~'1 SUBJECT: VACANCIES ON THE EDUCATION BOARD DATE: FEBRUARY 15, 1996 Laura Orlove and Charles W. "Bill" Naron have resigned from their positions on the Education Board creating vacancies to unexpired terms ending July 31, 1996 and July 31, 1997 respectively. In order to qualify for membership, "The members of the Education Board shall be residents of the City of Delray Beach or shall be a person with a child or children attending Delray Beach public schools or shall own property in the city and/or own or operate a business within the city. Should a member of the Education Board not be a resident of the City of Delray Beach, or a property owner and/or the owner/operator of a business within the city, and should that member's child or children cease attending Delray Beach public schools, then such member shall no longer be qualified to serve on the board". Also, it is the intent, if possible, that the membership of the Education Board shall include members who have a background in busi- ness, real estate, and/or education. The following individuals have submitted applications for considera- tion: David I. Cohen Rebecca J. Jennings L.J. "Sandy" Morrissett H. Paul Sayrs Marilyn Schneider Sylvia Wolf Pursuant to Commission direction, a check for possible code violations and/or municipal liens was conducted. None were found. The appointments will be made by Commissioner Smith (Seat #1) and Commissioner Alperin (Seat #2). Recommend appointment of a member to the Education Board to fill an unexpired term ending July 31, 1996 (Commissioner Smith) and a member to fill an unexpired term ending July 31, 1997 (Commissioner Alperin). nnp.doc Februar7 6. Ka~i'ly 8~abot~nsl<y~ C./O Boynlon ~ Cha~r of Commer~ ~ E. ~ Ave. Suite 1~ ~on B~, FL 3~[ ~r ~thy, ~ ~ wi~ r~ret that ~ mus[ wi~raw horn ~e De[ray ~each Edu~t[o~ Boar=, I ~ a~pare~ly bi~en ~ more than I can chew ~om a ~muni~ i~wement. ~ ~ntenttons asa=e, ~f I ~n't get ~e joD =one or g~ve ~t ~c~ent t~me and ~us, I shoul= admit my ;im~=tions. Fl~n be ~u~ {n a suO~c~ role oleese fee~ ~ee to ~; on me I still ~ave the desire to ~ the ~mmam~ in ~me fasb=on Please s~pt my apology for ~ Jay 2105 N.W. 16th Street I)elray Beach. Florida 334't5 December ~t, 1.995 Mayor Tom Lynch City of Delray Beach 100 N.W. I st Avenue Delray Beac)~, Florida 33444 Dear Mayor Lynch: It is with mixed emotions that I submit this letter of resignation from the Delray Beach Education Board. Due to my acceptance of a new teach{ng position with Johns Hopkins University, I will be doing a great deal of traveling and I will be unable to attend regular meetings. Although I will not be able to continue my work on the Education Board in an official capacity, I do hope to help in any way possible as my t/me permits. I thank you for the wonderful opportunity to work with such an outstanding and dedicated group of people. It is because of people like this that help make Delray Beach an All-American City. Sinc~ely, Laura K. Orlove MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER,S! SUBJECT: AGENDA ITEM # /0 ~ ' - MEETING OF FEBRUARY 20, 1996 ORDINANCE NO. 9-96 DATE: FEBRUARY 16, 1996 This is second reading and public hearing for Ordinance No. 9-96 rezoning a 0.91 acre vacant, unplatted parcel of land from RM (Medium Density Residential) to CBD-RC (Central Business District-Railroad Corridor). The subject property is located at the southeast corner of S.E. 1st Avenue and unimproved S.E. 6th Street immediately west of the F.E.C. Railway. At its public hearing of January 22, 1996, the Planning and Zoning Board received no public testimony, and the Board voted 6-0 to recommend the rezoning be approved, based on positive findings with respect to Chapter 3 (Performance Standards) of the LDRs, policies of the Comprehensive Plan, and LDR Section 2.4.5 (D) (S). I have reservations about this rezoning proposal. When you look at the zoning map for the surrounding area, you will see that this property is surrounded on the south and west by Medium Density Residential zoning (RM), to the east across the railroad is R-1-A Single Family Residential zoning. All of these parcels to the east and west are developed in residential use. On the north the subject parcel does border CBD Railroad Corridor zoning which is developed for commercial purposes. However, the subject property could easily be separated from the commercial develop- ment to the north and take access off Swinton by paving Southeast 6th Street. I realize that some would argue that this property is not suitable for residential use because of its proximity to the railroad. I can only point out the numerous examples of residential development up and down the FEC right -of-way in Delray Beach, Boynton Beach, and Boca Raton. In my opinion, this proposed rezoning would constitute a commercial intrusion into a residential area and should not be approved. Recommend consideration of Ordinance No. 9-96 on second and final reading. FAILED ON SECOND & FINAL READING - 2/20/96 ORDINANCE NO. 9-96 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED RM (MEDIUM DENSITY RESIDENTIAL) DISTRICT IN THE CBD-RC (CENTRAL BUSINESS DISTRICT- RAILROAD CORRIDOR); SAID LAND BEING LOT 5, PLAT OF ANDERSON BLOCK, AS MORE PARTICULARLY DESCRIBED HEREIN, GENERALLY LOCATED AT THE AT THE SOUTHEAST CORNER OF S.E. 1ST AVENUE AND UNIMPROVED S.E. 6TH STREET; AND AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, 1994"; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the property hereinafter described is shown on the Zoning District Map of the City of Delray Beach, Florida, dated April, 1994, as being zoned RM (Medium Density Residential) District; and WHEREAS, at its meeting of January 22, 1996, the Planning and Zoning Board for the City of Delray Beach, as Local Planning Agency, considered this item at public hearing and voted 6 to 0 to recommend approval of the rezoning, based upon positive findings; and WHEREAS, it is appropriate that the Zoning District Map of the City of Delray Beach, Florida, dated April, 1994, 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 Zoning District Map of the City of Delray Beach, Florida, dated April, 1994, be, and the same is hereby amended to reflect a zoning classification of CBD-RC (Central Business District-Railroad Corridor) for the following described property: Lot 5, PLAT OF ANDERSON BLOCK, according to the Plat thereof recorded in Plat Book 22, Page 45, of the Public Records of Palm Beach County, Florida. The subject property is located at the southeast corner of S.E. 1st Avenue and unimproved S.E. 6th Street, west of the F.E.C. Railway; containing 0.91 acres, more or less. Section 2. That the Planning Director of 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 1 hereof. FAILED ON SECOND & FINAL READING - 2/20/96 FAILED ON SECOND & FINAL READING - 2/20/96 ~ That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 4. 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 5. That this ordinance shall become effective immediately upon passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the day of , 1996. M A Y O R ATTEST: City Clerk First Reading February 6~ 1996 Second Reading - 2 - Ord. No. 9-96 FAILED ON SECOND & FINAL READING - 2/20/96 CITY COMMISSION DOCUMENTATION TO: O~VIO T. HARD~N, CITY MANAGER DEPSR~/MF_//N/'F/ O./F P .~/L~INING AND ZONING FROM: -- ),I'F_~,~_Y A. COSTELLO /~SEIq[OR PLANNER SUBJECT: MEETING OF FEBRUARY 6, 1996 REZONING FROM RM (MEDIUM DENSITY RESIDENTIAL) TO CBD-RC (CENTRAL BUSINESS DISTRICT - RAILROAD CORRIDOR) FOR PROPERTY LOCATED AT THE SOUTHEAST CORNER OF S.E. 1ST AVENUE AND UNIMPROVED S.E. 6TH STREET, IMMEDIATELY WEST OF THE F.E.C. RAILROAD. ACTION REQUESTED OF THE COMMISSION: The action requested of the City Commission is that of approval on first reading of an ordinance rezoning a 0.91 acre parcel from RM (Medium Density Residential) to CBD-RC (Central Business District - Railroad Corridor). The subject property is located at the southeast corner of S.E. 1st Avenue and unimproved S.E. 6th Street, immediately west of the F.E.C. Railroad. BACKGROUND: The subject property is an unplatted parcel of land which is currently vacant and consists of 0.91 acres. The development proposal is to rezone the property from RM (Medium Density Residential) to CBD-RC (Central Business District - Railroad Corridor). If the rezoning is approved, it is anticipated that a development proposal will be submitted to construct a light industrial type development. Additional background and an analysis of the request is found in the attached Planning and Zoning Board Staff Report. City Commission Documentation Meeting of February 26, 1996 Rezoning from RM to CBD-RC for the Charles Lee Property Page 2 PLANNING AND ZONING BOARD CONSIDERATION: At its meeting of January 22, 1996, the Planning and Zoning Board held a public hearing in conjunction with review of the request. There was no public testimony regarding the request. After reviewing the staff report, the Board voted 6-0 (Schmidt absent) to recommend that the rezoning request be approved, based upon positive findings with respect to Chapter 3 (Performance Standards) of the Land Development Regulations, policies of the Comprehensive Plan, and LDR Sections 2.4.5(D)(5). RECOMMENDED ACTION: By motion, approve on first reading the ordinance for the rezoning from RM (Medium Density Residential) to CBD-RC (Central Business District - Railroad Corridor), and setting a public hearing date of February 20, 1996. Attachments: P & Z Staff Report and Documentation of January 22, 1996 Ordinance by Others S:/PLANNING/DOCUMENT/REPORTS/CCREZLEE.DOC PLANNING AND ZONING BOARD CITY OF DELRAY BEACH ---STAFF REPORT--- MEETING DATE: January 22, 1996 AGENDA ITEM: V.A. ITEM: Rezoning from RM (Medium Density Residential) to CBD-RC (Central Business District-Railroad Corridor) for a Parcel of Land Located on the Southeast Corner of S.E. 1st Avenue and Unimproved S.E. 6th Street, West of the F.E.C. Railway. 6ENE~L DATA: Owner/Applicant ................................. Charles E. Lee Location .............................................. Southeast Comer of S.E. 1st Avenue and Unimproved S.E. 6th Street, West of the F.E.C. Railway. Property Size ............ : ......................... 0.91 Acres Future Land Use Map ......................... Redevelopment Area #5 Current Zoning .................................... RM (Medium Density Residential) Proposed Zoning ................................ CBD-RC (Central Business District- Railroad Corridor) Adjacent Zoning ........................ North: CBD-RC and RM East: R-1-A (Single Family Residential) South: RM West: RM Existing Land Use .............................. Vacant land. Proposed Land Use ............................ Rezoning from RM (Medium Density Residential) to CBD-RC (Central Business District - Railroad Corridor) to accommodate a light industrial development Water Service ..................................... Available to the site via a service lateral connection to an existing 16" water main located along the north side of the property within the unimproved S.E. 6th Street right-of-way. Sewer Service .................................... Available via a main extension and connection to the existing sewer main within South Swinton Avenue, approximately 180 feet west of the property. V.A The action before the Board is that of making a recommendation on a rezoning from RM (Medium Density Residential) to CBD-RC (Central Business District - Railroad Corridor) for the Charles Lee Property, pursuant to Section 2.4.5(D). The subject property is located at the southeast corner of S.E. 1st Avenue (if extended) and S.E. 6th Street (unimproved), approximately 650 feet south of S.E. 4th Street, and contains 0.91 acres. Pursuant to Section 2.2.2(E), the Local Planning Agency (P & Z Board) shall review and make recommendations to the City Commission with respect to the rezoning of any property within the c ty. The subject property is a vacant parcel of land consisting of Lot 5, Anderson Block and containing 0.91 acres. City records do not indicate any land use activity on the subject property. On May 16, 1995, the City Commission approved on second reading an ordinance (Ordinance No. 22-95) creating the CBD-RC (Central Business District - Railroad Corridor) zoning district, and thus, amending the LDRs. The zoning district was created pursuant to Land Use Element Policy A-5.14 of the Comprehensive Plan to facilitate the establishment of industrial and commerce areas as envisioned in the "Village Center" scenario. The zoning district was to be applied to those areas in the downtown which have been traditionally developed for light industrial uses. At its meeting of June 20, 1995, the City Commission approved rezonings to CBD-RC for various properties along the F.E.C. railroad corridor (Ordinance No. 32-95). During the public hearings, the owner of the subject pr6perty, Charles Lee, inquired with respect to adding his property into the CBD-RC, as he wanted to develop the property as light industrial and could not develop it as residential since the property abuts the railroad tracks. Due to the notification requirements, the property could not be included in the rezomng. The property owner was informed that he could submit a rezoning application, and that the LI (Light Industrial) zone district should be considered rather than CBD-RC, as the LI zone district development standards are more restrictive and the potential uses are somewhat limited. However, pursuant to LDR Section 4.6.4 where industrial zoning is adjacent to residential zoning, the building setback requirements must be increased to 50 and 60 feet depending on certain circumstances. Due to the P & Z Board Staff Report Charles Lee Property - Rezoning from RM to CBD-RC Page 2 narrowness of the property and its location, the property would be unde.velopable unless a variance is granted. As a property cannot be rezoned with a condition i.e. obtaining a variance, the property could not be rezoned to LI. The CBD-RC is a mixed use zoning district that was intended to be applied to the central downtown core. As this area includes a mix of residential and commercial uses, the special setback requirements for industrial zoning would not apply. Therefore, the applicant is requesting that the property be rezoned to CBD-RC. The development proposal is to rezone a 0.91 acre parcel of land from RM (Medium' Density Residential) to CBD-RC (Central Business District - Railroad ...... Corridor). If the rezoning is approved, it is anticipated that a development proposal will be submitted to construct a light industrial type development. REQUIRED FINDINGS: (Chapter 3) Pursuant to Section 3.1.1 (Required Findings), prior to the approval of development applications, certain findings must be made in a form which is part of the official record. This may be achieved through information on the application, the staff report, or minutes. Findings shall be made by the body which has the authority to approve or deny the development application. These findings relate to the following four areas. Future Land Use Map: The use or structures must be allowed in the zoning district and the zoning district must be consistent with the land use designation. The subject property has a Future Land Use Map designation of Redevelopment Area #5 (Osceola Park) and is zoned RM (Medium Density Residential). The proposal is to rezone the property to CBD-RC Central Business District - Railroad Corridor). Unlike other land use designations, there are no zoning classifications that are automatically consistent with a Redevelopment Area designation. This rezoning petition is being processed pursuant to the "case-by- case" option more fully described in Future Land Use Element of the Comprehensive Plan. Based upon the above, a positive finding can be made with respect to consistency with the Future Land Use Map. Concurrency: Facilities which are provided by, or through, the City shall be provided to new development concurrent with issuance of a Certificate P & Z Board Staff Report Charles Lee Property - Rezoning from RM to CBD-RC Page 3 of Occupancy. These facilities shall be provided pursuant to levels of service established within the Comprehensive Plan. W~ter & Sewer: El Water service is available to the site via a service lateral connection to an existing 16" water main located along the north side of the property within the unimproved S.E. 6th Street right-of-way. El Currently, there is insufficient fire suppression to properly serve this site and the immediate area. Therefore, with development of the property installation of a fire hydrant will be required. El Sewer service is available via a main extension and connection to the existing sewer main within South Swinton Avenue, approximately 180 feet west of the property. With future development any main extensions and/or upgrades will be the responsibility of the developer and will be addressed with a full site plan submittal. 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. Drainage: With rezoning requests drainage plans are not required, however, they are required with a full site plan submittal. As the property is currently vacant, there are no problems anticipated with the ability of future development retaining drainage on-site and complying with Lake Worth Drainage District and South Florida Water Management District standards. Traffic: With a rezoning the maximum development under the existing and proposed zoning designation is assessed. Under the current RM (Medium Density Residential) zoning designation, the maximum development potential would be a 10-unit multiple family development generating 70 average daily trips. With development under the proposed CBD-RC (Central Business District - Railroad Corridor) zoning designation, the maximum development potential would be a 9,909 sq.ft, commercial building generating 1,666 average daily trips. This would result in a net increase of 1,596 average daily trips. However, the development proposal is to construct a light industrial project which would generate a maximum of 72 average daily trips for a net increase of 2 vehicular trips. Traffic P & Z Board Staff Report Charles Lee Property ~ Rezoning from RM to CBD-RC Page 4 concurrency with respect to individual site development proposals_must be addressed with review of a specific site development plan. However, it is noted that there is adequate capacity on the surrounding roadway network to accommodate the traffic from any of the above development scenarios. Parks and Recreation: The rezoning from RM to CBD-RC will decrease any additional demand on the City's park facilities, as parks and recreation dedication requirements do not apply to the nonresidential uses. Thus, there will be no impact on this level of service standard. Solid Waste: Trash generated each year by the proposed industrial use would be equal to or slightly greater than trash generated from a multiple family development. Thus, development of this property under the CBD-RC zone district should not create an adverse impact on this level of service standard. Consistency: Compliance with the performance standards set forth in Section 3.3.2 (Standards for Rezoning Actions) along with required findings in Section 2.4.5(D)(5) (Rezoning Findings) 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 the making of a finding of overall consistency. COMPREHENSIVE PLAN POLICIES A review of the objectives and policies of the adopted Comprehensive Plan was conducted and the following applicable objectives and policies were found. Redevelopment Areas - The Redevelopment Area designation is applied to those areas which have been identified in the Land Use Ele.ment as being in need of redevelopment. Development shall occur pursuant to a specific "redevelopment plan" which is to be prepared pursuant to Objective C-2 of the Land Use Element. If a development proposal is presented to the City prior to the creation and adoption of a redevelopment plan, that proposal shall be handled in one of the following ways: the application shall be placed on hold for not more than six (6) months while the redevelopment plan is prepared; the application shall be processed on a case by case basis with the existing zoning map, the Land Use Element, and the Housing element P & Z Board Staff Report Charles Lee Property - Rezoning from RM to CBD-RC Page 5 providing the Local Planning Agency with the policy guidance needed to properly dispose of the application. The description of the Osceola Park Redevelopment Area (#5) in the Comprehensive Plan is as follows: Land Use Element Policy C-2,9 - The Osceola Park Redevelopment Area (Redevelopment Area #5) is bounded by S.E. 2nd Street, Federal Highway (S.E. 5th Avenue), S.E. 5th Street, and Swinton Avenue. This area which has industrial uses with inadequate parking to the west, commercial uses on the east, 'and a mixed residential area which has turned mainly into renter occupied units is also encompassed by wellfield protection zones. The primary focus of this redevelopment plan shall be to arrest deterioration, provide adequate parking and services for the existing industrial and commercial areas, and accommodate housing which is compatible with the other uses. The proposal involves a narrow parcel of land that has remained vacant for many years and is located adjacent to the F.E.C. railroad. Development of the property for residential purposes may not be appropriate or realistic with the existing industrial uses to the north and the abutting F.E.C. Railroad. Any new development will be required to comply with the Land Development Regulations, thus, adequate parking and landscaping will be provided. Based upon the above, it is appropriate to consider the proposal on its own merits, as permitted in the "case by case" option under the policies for Redevelopment Areas in the Comprehensive Plan. Under the Planning Department Work Program, the Osceola Park Redevelopment Plan is scheduled to be completed in the late 1996. As an alternati~ie, the Board could postpone action on this item and accelerate the schedule for the redevelopment plan. This would require reprioritizing redevelopment plans and thus, shift the North Federal Highway Redevelopment Plan to late 1996. Conservation Policy A-1.1: The practice of monitoring-groundwater conditions through installation of monitoring wells shall be continued. In addition, monitoring wells are to be installed for non-residential land uses which locate within zone 3 around the series 20 and eastern wellfields. Provisions shall be made for data from these private monitoring wells to be used in the City's on-going monitoring efforts. Pursuant to the Wellfield Zone Protection Map, the subject property is located within zones 2 and 3. The County Wellfield Protection Ordinance, administered by the Department of Environmental Resources Management (DERM), determines whether or not monitoring wells are required for any property. An P & Z Board Staff Report Charles Lee Property - Rezoning from RM to CBD-RC Page 6 affidavit of notification is required to be transmitted to DERM which identifies the materials that are stored on the site or utilized in the processing aspect of the facility. This must be provided at the time of site plan submittal. This policy also addresses LDR Section 3.3.4(A), which requires assurance that provisions of the County Wellfield Protection Ordinance shall be complied with. Land Use Element Ob_iective A-1 - Vacant property shall be developed 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 has been disturbed and there are no physical conditions that would prevent development of the property. With regard to compatibility, the CBD-RC zoning classification allows primarily nonintensive light industrial uses. There are also special boundary requirements between the commercial and residential zoning to mitigate any potential impacts. The property can be developed under the CBD-RC zoning in a manner that would be complementary to the adjacent residential developments. The proposed zoning fulfills a remaining land use need of industrial development to provide additional employment as well as increase the City's tax base. Section 3.3.2 (Standards for Rezoning Actions): Standards A, B and C are not applicable with respect to this rezoning request. The following is the applicable performance standard of Section 3.3.2: (D) That the rezoning shall result in allowing land uses which are deemed compatible with adjacent and nearby land uses both existing and proposed; or that if an incompatibility may occur, that sufficient regulations exist to properly mitigate adverse impacts from the new use. Properties to the north are zoned CBD-RC (Central Business District - Railroad Corridor) and RM; to the south and west are zoned RM; and, to the east, across the F.E.C. Railroad is zoned R-1-A (Single Family Residential). The land uses adjacent to the property include the following: north of the property is an industrial development, a multiple family development and Griffin Gate duplex development; west are 4 single family homes; south is vacant land; and, east is the Osceola Park subdivision consisting primarily of single family homes. Compatibility with the residences to the west and east, across the F.E.C. Railroad, is not a major concern. There are existing regulations in place to mitigate impacts with the residences such as trees every 25 feet with a continuous hedge or 6' high masonry wall adjacent to the residences. P & Z Board Staff Report Charles Lee Property - Rezoning from RM to CBD-RC Page 7 Further, where commercial zoning abuts residential property, the proposed building must be set back 10 feet from the residentially zoned property [ref. LDR Section 4.6.4(A)(2)]. The hours of operation is not a major concern as most businesses normally operate between 8:00 a.m. and 5:00 p.m. Access to the site will be taken from S.E. 1st Avenue which is improved and serves the adjacent light industrial development on the east side of 1st Avenue and the duplex development on the west side. Thus, the potentia. I traffic would not be traveling through a residential street. While access could be obtained utilizing S.E. 6th Street, the street is ~_ unimproved and runs between two residential developments to the west of the subject site. It would be inappropriate to improve the road to accommodate industrial or commercial uses. S.E. 6th Street is not scheduled to be improved in the 5-year Capital Improvement Program, nor is anticipated that it ever will. Within this immediate area, abandoning unimproved rights-of-way and aggregation of land is encouraged to obtain additional site area and accommodate a larger well-planned development. In light of the above, the applicant may want to consider abandoning the 6th Street right-of-way as well as the alley right-of-way along the west side of the property. Section 2.4.5(D)(5) (Rezoning Findings.): Pursuant to Section 2.4.5(D)(5) (Findings), in addition to provisions of Section 3.1.1, the City Commission must make a finding that the rezoning fulfills one of the reasons for which the rezoning change is being sought. These reasons include the following: a. That the zoning had previously been changed, or was originally established, in error; b. That there has been a change in circumstances which make the current zoning inappropriate; c. That the requested zoning is of similar intensity as allowed under the Future Land Use Map and that it is more a.Dpropriate for the property based upon circumstances particular to the site and/or neighborhood. The applicant has submitted a justification statement which states the following: The subject property is has been vacant for many years. Development of the property under the existing RM zoning designation for residential purposes seems unrealistic as the property is a long narrow parcel of land P & Z Board Staff Report Charles Lee Property - Rezoning from RM to CBD-RC Page 8 which abuts the F.E.C. Railroad to the east and industrial to the north. The requested zoning is of similar intensity as other existing industrial and commercial uses which exist along the F.E.C. railroad, within the Osceola Park Redevelopment Area, and is more appropriate based upon the above stated circumstances. Comment; Item "c" is the basis for which the rezoning should be granted. The rezoning to CBD-RC is more appropriate given the narrowness of the property and its proximity to the F.E.C. Railroad and the industrial developments to the north. Rezoni~g of the property to CBD-RC will enable development in a manner that will be compatible with the adjacent residences as well as an asset to the surrounding area. Development of this parcel will be an inducement the area ..... and may encourage redevelopment and development of surrounding properties. Based upon the above, it is appropriate to rezone the property to CBD-RC (Central Business District- Railroad Corridor). The rezoning is not in a geographic area requiring review by the DDA (Downtown Development Authority) or the HPB (Historic Preservation Board). Community Redevelopment Agency At its meeting of January 11, 1995, the CRA reviewed and recommended approval of the rezoning from RM to CBD-RC. Site Plan Review and Appearance Board If the rezoning is approved, it anticipated that a site plan submittal will follow which requires action by the Site Plan Review and Appearance Board. Public and Courtesy Notices: Formal public notice has been provided to property owners within a 500 foot radius of the subject property. In addition, Courtesy notices were provided to the following homeowner's and neighborhood associations: [30sceola Park Homeowners Association [3 Old School Square Homeowners Association Letters of objection and support, if any, will be presented at the Planning and Zoning Board meeting. P & Z Board Staff Report Charles Lee Property - Rezoning from RM to CBD-RC Page 9 The rezoning from RM to CBD-RC is consistent with the policies of the Comprehensive Plan and Chapter 3 of the Land Development Regulations. Also, positive findings can be made with respect to Section 2.4.5(D)(5) (Rezoning Findings), that the CBD-RC is more appropriate given the circumstances particular to the site. Development of the properly under the RM zoning may be unrealistic. The CBD-RC zoning appears to be more appropriate given the narrowness of the property and its proximity to the F.E.C. Railroad and the industrial developments to the north. The property can be development in a manner that will be an inducement to the area and may encourage redevelopment and development of surrounding properties. A. Continue with direction. B. Recommend approval of the rezoning request from RM to CBD-RC based upon positive findings with respect to Chapter 3 (Performance Standards) and Section 2.4.5(D)(5) (Rezoning Findings) of the Land Development Regulations, and policies of the Comprehensive Plan. C. Recommend denial of the rezoning request from RM to CBD-RC based upon a failure to make a positive finding with respect to Chapter 3.3.2 (Compatibility) of the Land Development Regulations, and that pursuant to LDR Section 2.4.5(D)(5) the rezoning fails to fulfill at least one of the reasons listed. Recommend to the City Commission approval of the rezoning from RM to CBD- RC for the Charles Lee Property based upon positive findings with respect to Chapter 3 (Performance Standards) and Section 2.4.5(D)(5) (Rezoning Findings) of the Land Development Regulations, and policies of the Comprehensive Plan. Attachments: El Location/Zoning Map El Survey This Staff Report prepared by: Jeff Costello. Senior Planner MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER ~?~ 1 SUBJECT: AGENDA ITEM ~ /O'~- - .... MEETING OF FEBRUARY 20. 1996 ORDINANCE NO. 12-96/OUALIFICATIONS FOR GENERAL EMPLOYEE PENSION DATE: FEBRUARY 16, 1996 This is second reading and public hearing for Ordinance No. 12-96 which amends the definition of "Employee" to clarify that only regular full-time employees participate in the General Employees Pension Plan. At first reading on February 6th, the ordinance was passed by unanimous vote. However, Mayor Lynch suggested that perhaps the plan should be amended to clearly include part-time employees based on number of hours worked (20 or more per week) as well as length of employment with the city. Staff has looked into this and estimates that the annual cost of extending the pension plan to eligible part-time employees would be approximately $20,000. The Parks and Recreation Department is the largest user of part-time personnel, and advises that they have had no problems with recruiting part-time workers. At this point, I recommend that part-time personnel not be included in the definition of employee for purposes of Ordinance No. 12-96. However, if the Commission wishes to extend the pension plan to cover part-time employees, I suggest this ordinance be voted down with direction to order the actuarial evaluation which is needed before we could adopt an ordinance providing for the inclusion of part-time employees. ref:agmemo9 [lTV DF DELR 7 CiTY ATTORHEY'S OFFi(;C Writer's ~kect ~ELRAY BE~(H Ali. America City IIII' TO: CiW Co~ssion ~'~:~ ~'~-~ FROM' Susan A. Ruby, City Attorney O~la~ SUBJECT: Qualifications for General Employee Pension The City has routinely only permitted employees to be eligible to participate in the General Employee Pension Fund if they are regular full-time employees. The City has in its Personnel Policies a reference to regular full-time employees, as those employees with a schedule of regular, full-time working hours of forty hours a week. The City's past practice, is to permit employees who are scheduled to work forty hours per week to enter the plan. The City's past practice has not listed as eligible participants in the plan, employees who are regularly scheduled to work less than forty hours per week. The City's ordinance, however, contains language which appears to conflict with the City's past practice. The ordinance before you for consideration attempts to clarify the pension ordinance in a manner to conform to the City's past practice. By copy of this memorandum to David Harden, City Manager, our office requests that this ordinance be placed on the February 6, 1996 agenda for fa'st reading and February 20, 1996 for second reading. cc: David Harden, City Manager Alison MacGregor Harty, City Clerk Joe Safford, Director of Finance General Employee Pension Board Members Attachment / ~' ~ ORDINANCE NO . 1 2- 96 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 35, "EMPLOYEE POLICIES AND BEN~FITS", "RETIRRMENT PLAN" OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH; FLORIDA, BY A~ENDING SUBSECTION (D) , "EMPLOYEE", OF SECTION 35. 089, "DEFINITIONS"; PROVIDING A SAVINGS CLAUSE; PROVIDING AN EFFECTIVE DATE. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: S_ection 1. That Subsection (D), "Employee", of Section 35.089, "Definitions", of the Code of Ordinances of the City of Delray Beach, Florida, is hereby amended to read as follows: Section 25.089 DEFINITIONS. (D) "Employee" means any regular full-time employee of the city, except as otherwise provided herein. The term "employee" shall not include: City Commissioners; the City Manager (and assistants); the City Attorney (and assistants); department heads upon their written election not to participate in Uhe plan; former department heads who have elected not to participate in the plan; any person not classified by ~h= City as a re=ular. full-time employee ---"---~ = -~'~=-~ %r for ---z .... =nc c_l~.~- -- ~= ycaJ; any participant who retires and receives early or normal retirement benefits under the plan, is subse~ently re-employed by the City, and elects to continue receiving retirement income during the period of employment pursuant to Sec. 35.090(E) of this subchapter; and firefighters and police officers employed by the city who participate in another retirement plan. ~ 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 nob affect the validity of the remainder hereof as a whole par= thereof other than the part declared to be invalid. ~ That this ordinance shall take effect ten (10) days after second and final reading. PASSED AND ADOPTED in regular session on second and final reacling on this the 20th clay of February , 1996. City Clerk- / ' First Reading: February 6, 1996 Second Reading: February 20, 1996 clb40bpen, ord 2 ORD NO. 12-96 · ' MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER ~?~ ] SUBJECT: AGENDA ITEM ~ /~ - MEETING OF FEBRUARY 20. 1996 ORDINANCE NO. 8-96/MODIFYING THE COMMUNITY REDEVELOPMENT PLAN DATE: FEBRUARY 16, 1996 This is first reading for Ordinance No. 8-96 modifying the Community Redevelopment Plan to accommodate changes to Project #2.4, "Downtown Mixed Use Redevelopment Project", and to establish a "Grant Administration Program". The basis for these changes is outlined in the attached staff documentation and correspondence from the CRA. The Planning and Zoning Board considered the modifications at its meeting of January 22, 1996, and voted unanimously to recommend approval. Recommend approval of Ordinance No. 8-96 on first reading. If passed, a public hearing will be scheduled for March 5, 1996. ref:agmemo8 CITY COMMISSION DOCUMENTATION TO: DAVID t. HARDEN, CITY MANAGER THRU: DIANE DOMINGUEZ, DIRECTOR ?~DE. PARTMENT OF PLANNING ~]~D ZONING FROM: ~"-JEFF/PERKII~S', SENIOR PLANNER SUBJECT: MEETING OF FEBRUARY 20, 1996 AMENDMENT TO THE COMMUNITY REDEVELOPMENT AGENCY PLAN TO ACCOMMODATE CHANGES TO PROJECT # 2.4 "DOWNTOWN MIXED USE REDEVELOPMENT PROJECT" AND ESTABLISH THE "GRANT ADMINISTRATION PROGRAM" ACTION REQUESTED OF THE COMMISSION: The action requested of the Commission is approval on first reading of proposed amendments to the Community Redevelopment Agency Plan. BACKGROUND: The adopted CRA Plan calls for a "Downtown Mixed Use Project" for Blocks 77 and 85 (the area bounded by E. Atlantic Avenue, SE 1st Avenue, SE 1st Street, and the F.E.C. Railroad tracks). The first phase of the project is the Block 85 (Grove Square) project, which is currently under construction. The CRA is now proceeding with the second phase of the project, the redevelopment of Block 77 and a portion of Block 78 (located on the south side of SE 1st Street). At its meeting of December 13, 1995, the CRA Board authorized a Request for Proposals (RFP) to solicit interested developers. The RFP calls for proposals for redevelopment of the subject properties to accommodate a "major generator of economic development." The proposed amendment updates the CRA Plan to reflect the current status of the Block 85 project and a change in priorities for Block 77 (i.e., large scale economic generator rather than mixed-use development). In addition to that amendment, the CRA proposes to establish a "Grant Administration Program" to assist area business and/or property owners in obtaining grant assistance from Federal, State, or local governments. The amendment also updates Appendix D "Property Acquisition Maps," Table 4-2 "5-year Revenue & Expense Projections," and Table 4-3 "Five-year Redevelopment Program & Expense Projections" to accommodate the Block 77 project and the Grant Administration Program. City Commission Documentation Amendments to the Community Redevelopment Plan Meeting of February 20, 1996 Page 2 The attached P&Z Memorandum Staff Report and the associated back-up materials give a more complete description of the proposed amendments. REVIEW BY OTHERS: Planning And Zoning Board: The Planning and Zoning Board considered this item at its meeting of January 22, 1996. After a brief discussion, the Board voted unanimously (7-0) to recommend approval of the amendments. RECOMMENDED ACTION: By motion: Approve, on First Reading, the proposed amendments to the Community Redevelopment Plan. Attachments: El Planning and Zoning Board Memorandum Staff Report El Letter from Chris Brown to David Harden dated December 18, 1995 El Letter from Chris Brown to David Harden dated January 12, 1995 El Proposed Amendments PLANNING AND ZONING BOARD MEMORANDUM STAFF REPORT MEETING DATE: JANUARY 22, 1996 AGENDA ITEM VI.A.: AMENDMENT TO THE COMMUNITY REDEVELOPMENT AGENCY PLAN TO ACCOMMODATE CHANGES TO PROJECT # 2.4 "DOWNTOWN MIXED USE REDEVELOPMENT PROJECT" AND ESTABLISH THE "GRANT ADMINISTRATION PROGRAM" ITEM BEFORE THE BOARD: The item before the Board is review and comment regarding a proposed amendment to the Community Redevelopment Agency Plan. Pursuant to F.S. 163.360(3), proposed amendments to the CRA Plan must be presented to the Planning and Zoning Board for review and comment regarding its consistency with the adopted Comprehensive Plan of the City prior to action by the City Commission. BACKGROUND: The adopted CRA Plan calls for a "Downtown Mixed Use Project" for Blocks 77 and 85 (the area bounded by E. Atlantic Avenue, SE 1st Avenue, SE 1st Street, and the F.E.C. Railroad tracks). The project consists of a large scale mixed use development that would increase nighttime activities and business opportunities in the downtown area, eliminate blighted structures and properties, and increase housing opportunities in the downtown. The first phase of the project was the purchase of the Block 85 (Ken and Hazel's Block) property and sale to a developer for a mixed use project. That property is currently under construction. At its meeting of December 13, 1995, the CRA Board authorized a Request for Proposals (RFP) for the redevelopment of Block 77 and a portion of Block 78 (located on the south side of SE 1st Street). The RFP calls for developer proposals for redevelopment of the subject properties to accommodate a "major generator of economic development." At its meeting of January 11, 1996, the CRA Board authorized the establishment of a "Grant Administration Program" to assist area business and/or property owners in obtaining grant assistance from Federal, State, or local governments. PROPOSED AMENDMENTS: The proposed amendment modifies the CRA Plan to update it with respect to the current status of the Block 85 project and to accommodate the change in the focus of redevelopment priorities for Block 77 (i.e., large scale economic generator rather than mixed-use development). The amendment also updates Appendix D, "Property Acquisition P&Z Memorandum Staff Report Amendments to the Community Redevelopment Plan Meeting of January 22, 1996 Page 2 Maps," Table 4-2 "5-year Revenue & Expense Projections," and Table 4-3 "Five-year Redevelopment Program & Expense Projections" to accommodate the Block 77 project. In addition to that amendment, the CRA proposes to establish a "Grant Administration Program," which will Changes to Table 4-2 "5-year Revenue & Expense Projections," and Table 4-3 "Five-year Redevelopment Program & Expense Projections" to accommodate the program are also included. COMPREHENSIVE PLAN ANALYSIS: Objective C-4 of the Future Land Use Element concerns the future development of the Central Business District (CBD). The Objective calls for development in the CBD according to the "Village Center" Scenario, which identifies the following elements as major components: [] Infill development; [] Encouragement of first floor retail uses, especially along Atlantic Avenue; [] Increased non-residential development; [] New residential development; [] Increased employment base; and [] Increased parking opportunities, including tiered parking. The proposed amendment calls for development of Block 77 with a "major generator of economic development." That language implies a use which will generate employment in the CBD, as called for by the Future Land Use Element. The policy also retains references to creation of new housing and increased parking opportunities in Block 77. The associated RFP supports the policy by calling for the inclusion of currently vacant and under-utilized properties, first floor retail uses with upper story office and/or residential uses, and opportunities for tiered parking. Based on the above, the Board can make positive findings that the proposed amendments are consistent with the City's adopted Comprehensive Plan. RECOMMENDED ACTION: Recommend to the City Commission approval of the proposed amendment to the Community Redevelopment Plan. Report prepared by: Jeff Perkins. Senior Planner Date 1/16/96 Attachments: [] Letter from Chris Brown to David Harden Dated December 18, 1995 El Letter from Chris Brown to David Harden Dated January 12, 1995 [] Proposed Amendments Community Redevelopment · Agency Delray Beach December 18, 1995 David T. Harden, City Manager R ~ C; ~ ~ V ~ i" City of Delray Beach D[C Z 0 1995 100 N.W. 1st Avenue Delray Beach, Florida 33444 CITY M~X, ....... ~'~t¢.h RE: Redevelopment Plan Amendment Dear Dave: At its regular meeting on December 1995, the CRA Board approved an amendment to the CRA Plan for Project # 2. 4: "Downtown Mixed Use Redevelopment Project", which is found on page 4.13 of the plan. In order to maintain consistency with the rest of the plan, the following additional changes were also necessary: [21 Additional acquisitions were added to the "Property Acquisition Map" found in Appendix "D" "Table 4-2: 5-Year Revenue & Expense Projections", found on page 4.41, was updated. [21 "Table 4-3: Five-Year Redevelopment Program & Funding Allocations", found on page 4.42, was updated. Please note that the format of this table has been changed to reflect both project related revenues and expenditures instead of net figures. This change was made in order to make the table easier to understand and to maintain consistency with our 5-year budget format. Pursuant to the CRA's adopted procedures for amendment of its Redevelopment Plan, the proposed amendment should be reviewed by the LPA (P&Z Board) and determined not to be inconsistent with the City's Comprehensive Plan. The Plan is then forwarded to the City Commission with recommendations. Please initiate the process for adoption by the City Commission. I have included 12 copieg~s'o--~that you have enough for both the P & Z board and the City Commission, along with Christopher J. Brown Executive Director 24 N. Swinton Avenue, Delray Beach, FL 33444 (407) 276-8640 / Fax (407) 276-8558 Community Redevelopment 2 {996 Agency Delray Beach J~ua~ ] 2, 1996 David T. Harde~ Ci~ Manager Ci~ of Delray Beach 100 N.W. 1st Avenue Delray Beach, Florida 33444 ~: Redevelopment Plan ~endment Dear Dave: At its regular meeting on January 11, 1996, the CRA Board approved an amendment to the CRA Plan for a new program entitled "Grant Administration Program", which will be included in our plan on page 4.35a. We are currently putting together an application for a Development Regions Grant Fund and this change is necessary before we can except the grant. In order to maintain consistency with the rest of the plan, the following additional changes were also necessary: "Table 4-2: 5-Year Revenue & Expense Projections", found on page 4.41, was updated. "Table 4-3: Five-Year Redevelopment Program & Funding Allocations", found on page 4.42, was updated. Pursuant to the CRA's adopted procedures for amendment of its Redevelopment Plan, the proposed amendment should be reviewed by the LPA (P&Z Board) and determined not to be inconsistent with the City's Comprehensive Plan. The Plan is then forwarded to the City Commission with recommendations. Please initiate the process for adoption by the City Commission. I have already sent a copy to Diane Dominguez so that this can be included with our current plan amendment to be reviewed by P & Z next week. ; Yours, Executive Director 24 N. Swinton Avenue, Delray Beach, FL 33444 (407) 276-8640 / Fax (407) 276-8558 ORDINANCE NO. 8-96 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, MODIFYING THE COMMUNITY REDEVELOPMENT PLAN FOR THE CITY OF DELRAY BEACH; FINDING THAT THE MODIFICATIONS CONFORM TO THE COMMUNITY REDEVELOPMENT ACT OF 1969, AS AMENDED; FINDING THAT THE MODIFICATIONS ARE CONSISTENT WITH THE CITY OF DELRAY BEACH'S COMPREHENSIVE PLAN, AND MAKING FURTHER FINDINGS PURSUANT TO THE APPLICABLE REQUIREMENTS OF FLORIDA STATUTES SECTION 163.360(6)(7); PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE AND AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Delray Beach, Florida, by Ordinance No. 46-85, adopted June 18, 1985, did create a Community Redevelopment Agency as provided in Florida Statutes Section 163.356; and WHEREAS, on December 23, 1986, the Board of County Commissioners of Palm Beach County passed and adopted Resolution No. R-86-2003 delegating the exercise of the powers conferred upon the County by Chapter 163, Part 3, Florida Statutes, within the boundaries of the City of Delray Beach to the governing body of the City of Delray Beach completely and without limitation; and WHEREAS, the City Commission of the City of Delray Beach, Florida, has heretofore approved a Community Redevelopment Plan on September 9, 1986, by Resolution No. 49-86 as subsequently amended on November 24, 1987, by Resolution No. 47-87, and as further ratified and amended on February 14, 1989, by Resolution No. 6-89, and as further ratified and amended on September 25, 1990, by Resolution No. 86-90; and as further ratified and amended on April 9, 1991, by Resolution No. 28-91; and as further ratified and amended on November 26, 1991, by Resolution No. 93-91; and as further ratified and amended on May 26, 1992, by Ordinance No. 17-92; and as further ratified and amended on December 1, 1992, by Ordinance No. 60-92; and as further ratified and amended on February 22, 1994, by Ordinance No. 5-94; and as further ratified and amended on September 5, 1995, by Ordinance No. 48-95; and WHEREAS, the Community Redevelopment Agency of the City of Delray Beach, Florida, hereinafter referred to as the "CRA", has heretofore adopted a Community Redevelopment Plan; and WHEREAS, the CRA is desirous of modifying said Plan to account for certain changes which have occurred since the last amendment of the Plan, to account for modification or completion of project components, and to provide for the addition of a new program to the Plan; and WHEREAS, the CRA of the City of Delray Beach has recommended to the City Commission of the City of Delray Beach, Florida, that the Community Redevelopment Plan be modified, amended and ratified in the form attached hereto as Exhibit "A"; and WHEREAS, the City Commission of the City of Delray Beach, Florida, finds that the modifications conform to the Community Redevelopment Act of 1969, as amended; and WHEREAS, the City Commission of the City of Delray Beach, Florida, finds that the modifications are consistent with the City of Delray Beach's Comprehensive Plan; and WHEREAS, the City Commission of the City of Delray Beach, Florida, finds that the modifications meet the applicable requirements of Section 163.360(6)(7), Florida Statutes; and WHEREAS, the City Commission shall hold a public hearing on said modifications to the Plan, after public notice is given in conformance with the requirements of Chapter 163, Part 3, Florida Statutes. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section ~, That the preamble stated above is hereby incorporated by reference herein, as findings of fact upon which this ordinance is based. Section 2. That the Community Redevelopment Plan for the City of Delray Beach be, and the same is hereby modified, amended and ratified in the form attached hereto as Exhibit "A" and made a part hereof. Section 3. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. - 2 - Ord. No. 8-96 Section 4, That if any section, subsection, paragraph, sentence or word or other provision of this ordinance, or any portion thereof, or its application to any person or circumstance, be declared by a court of competent jurisdiction to be invalid or unconstitutional, such decision shall not affect the validity of any other section, subsection, paragraph, sentence or word or provision or its application to other persons or circumstances and shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 5. That this ordinance shall become effective immediately upon passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the day of , 1996. MAYOR ATTEST: City Clerk First Reading Second Reading - 3 - Ord. No. 8-96 Exhibit "A" to Ordinance No. 8-96 Page 1 of 7 # 2.4: "Downtown Mixed Use Redevelopment Project" Background Since its creation, the Community Redevelopment Agency has consistently made efforts to attract new businesses into Downtown Delray Beach. The economic impodance of the Downtown and the need for major attractions and nighttime activity generators was well recognized in the 1986 Community Redevelopment Plan. The City, also realizing the importance of the CBD as a vital and competitive commercial marketplace, has included several policies in its Comprehensive Plan toward achieving that end. Blocks 77, 78 and 85, located south of Atlantic Avenue, are situated between the F.E.C. Railroad tracks and S.E. 1st Avenue. The CRA began to plan acquisition of 9,rose-blocks ~.0f blOCkS 77&85 in 1991 for the purpose of locating a major cinema operator and mixed retail uses in the downtown area. This location was chosen because all the property unde_.i~: ~nsideratign Was divided among only four owners on Block 77 and two owners on Block 85 (one of which is the City of Delray Beach). Additionally, large portions of the two blocks were undeveloped and the major property holding on Block 85 was in foreclosure. The situation changed in 1993 when a new 10-plex cinema was constructed at the Delray Mall, causing interest in a downtown cinema to fade. The CRA reevaluated the project and decided to proceed with property acquisition under the assumption that it could assemble the property and attract a developer interested in constructing a mixed-use project at the location. The CRA acquired the major parcel on Block 85, fronting Atlantic Avenue in December 1993 and additional vacant property in the rear in 1994. In early 1995, the CRA amended its strategy since developer interest in a large scale mixed-use project had not yet materialized. As part of this new strategy, the CRA deeided-le-setie~ ~li~itg'~:iRFP's and offer ~ff~iits current property holdings on Block 85 for sale or ~!.i~a-~6~':.a~6i6p_~ii~:~ ,, =- antic~pat~d ..... Redevelopment of these holdings along with planned redevelopment of the nearby Ocean City Lumber property witt-inereaee '~i~i~~developer interest in a larger scale mixed-use project in this location. Th,,s,.,,'"'",,-, ^ ",,,,-: ..... ,,,.,, ,t,,: ........... ,,.,,= ,,.,,,,.,~,.,,,"--,= o,.,,.,,-'""':':---',,,.,, ,o, ~, ......... ,.,~,~, ,, ,~, ,,.,"' ~[~'~. P~0?:'~:~'. ~0~.:i~6!!~ji0~ ?elc:ei~ti::6f ~n.:a~P_t~!~':i~§'~o~'~!'~t6: ~ii::ili~6'~'.t:':~'f.6.~ i~!!~[~t_jb6i.li. ~e RF?i ~11 :~kl :~'~6P6~.: fi6 ~"d~i'6'~:~ !i:.~01i~ j~?~'ei.:-U~Se?~:it6:.' i~:b~l~ 16~': ~i! :6f'bi~k. 77 ~8 Part 0f. b!0Ck:78, Project Objectives ~, ASSemble a site' !argeenOugh 'for a large s~le"pr0ject o Provide economic stimulation and investment in the CBD. o Improve marketability a~d demand of the retail core. o Increase nighttime activity in the downtown o Provide housing opportunities in the downtown area o Eliminate slum and blighted conditions .~ Provide more parking in the downtown area · :> Creation of jobs Exhibit "A" to Ordinance No. 8-96 Page 2 of 7 Pr o/e_c_t_D 9A¢ _r~ti o n o Development of a mixed-use redevelopment project. ~ Project to be iocated within the Central Business District within Blocks #77, 78 & 85. o Phase One of the project may include, but is not limited to, land acquisitions (refer to Appendix "D" for Land Acquisition Map),constructlon of,~,~,,,~,," ...... '%3 o,--'~,,., site improvements, the solicitation of RFP's from potential buyers or tenants and sale or lease of some or all ORA property holdings on Block 85. o Phase Two may include but not be limited to the solicitation of RFP's from private developers, selection of project developers, design of the project, project economic feasibility studies, advertisement for disposition of any additional property to be acquired by the CRA for the implementation and construction of the project. o Phase Three would include but not be limited to the implementation of project development including any remaining property acquisitions and disposition of property required for the project participation and the construction of the project and other matters. o Phase Four may include the construction or expansion of structures, the providing of additional structure or surface parking, as well as additional infrastructure as required. o To attract major buyers, tenants and developers, the CRA may offer incentives (e.g. provision of parking and off-site infrastructure, financing packages, rent subsidies, sale or lease of land below market value ~'~dl j~i~'[..:~_~tlU~i~e*i~a?rt!~i~i~_ii~ ~Tj~!6~e~h~). Project Participants and Administration o The project will be administered and coordinated by the CRA o Other participants may include, but are not limited to, the City of Delray Beach, DDA, the Chamber of Commerce, the 'Council of 100, Parking Management Team, Major Tenant(s) or Purchasers, and the Project Developer. Funding Sources o The CRA and others, as appropriate, shall provide the funding for Phases One and Two of the project. o Funding sources for Phases Three and Four shall be provided by the developer selected for the project, the City of Delray Beach, CRA, DDA, and others as appropriate. Project Schedule o The CRA acquired some of the block 85 properties in FY 1993/1994 ~ ~d~P~p~!;_.~._i[ii~ b!~iii~ property holdings on Block 85 in FY 1994/1995'~$!::~[iiSf"~h~'6"~ o Phase Two will commence F~-9~E-t99~ ~!'~_5~!.~6;;: o Phase Three shall commence on the completion of Phase Two and the determination of feasibility for proceeding. o The schedule for Phase Four will be determined upon the completion of Phase Three. o The Phases set forth above are illustrative only and may be combined with one another as the circumstances dictate. Exhibit "A" to Ordinance No. 8-96 Page 3 of 7 Property Acquisition Map Downtown Mixed-Use Redevelopment _J East Atlantic Avenue SE Ist Street A. 12-43-46-16-01-077-0010 Lots 1, 2, 3, 8 & 9, Block 77, Town of Delray B. 12-43-46-16-01-077-0040 Lots 4 to 6 & Lots 7 & 13 (Less N. 16 Ft. Road R/W), Block 77, Town of Delray C. 12-43-46-16-01-085-0060 $. 79.3 Ft. of Lot 1, Block 85, Town of Delray :D~' ~i!-I12~1~0i.~0TZ:-~0!00 .~.i..Lot 10&N. 50.5 FL of Lot1 :l,'Block ~, Town of Delray ~<:1!i12~-21~01-077;0112 i S: 24~2 Ft.. of LOt 11 & Lot12,'BIock 77, ToWn ~of Delray F~.:i'i..i.:~i:i::~12-;~46~1~01-:077-0152 "$. 9~5 Ft of LOt 15 & Lot 16, Block, 77,1Town o! Delray G~: ." I22;43-46-i'6-01.~077-0170 Lot !7~ BlOCk 77, ToWn of Delray H. ':..":'::/'.!::~'12-43~:1~01-077~0180 :: LOt 18; B~k 77, Town of Delray 1~?~':'~:']2:~:;1~01~078-00i0 :~Lot: 1;B~::78, ToWn of Delray J. : '12~-46-16-01-076-0090 N. 69.5 Ft. of Lot 9, Block 78, Town of Delray Exhibit "A" to Ordinance No. 8-96 Page 4 of 7 # 3.7: "Grant Administration Program" Back=_ round To facilitate additional investment within the Community Redevelopment area, the CRA will administer grants which complement the redevelopment efforts of the CRA and the goals of the Community Redevelopment Plan. It is anticipated that this additional investment within the CRA district will result in increased opportunities for residents and have positive impacts on employment, housing, the tax base, and the physical environment, all of which are positive steps toward the elimination of slum and blighted conditions. Pro(~ram Objectives o Provide economic stimulation to the area o Increase business opportunities o increase employment opportunities o Increase housing opportunities o Prevent the spread of slum and blighted conditions Program Description o The CRA may apply for, accept, and administer grants from Federal, State and local governmental entities, charitable foundations and entities, and such other organizations as may offer grant funds for the planning and carrying out of redevelopment efforts in pursuit of the purposes of the Community Redevelopment Plan. Propram Partici_~ants and Administration o The program will be administered and coordinated by the CRA o Other participants include, but are not limited to, Federal, State and local governmental entities, charitable foundations and entities, and such other organizations as may offer grant funds, and organizations, businesses or individuals who may participate in the program to receive such grant funds. Funding Sources o Federal, State and local governmental entities, charitable foundations and entities, and such other organizations as may offer grant funds Prooram Schedule o The Program is to be implemented in FY 1995/1996. 4,35a Exhibit "A" to Ordinance No. 8-96 Page 5 of 7 VII. Revenue Projections Table 4-2 provides a five-year projection of revenues available for CRA redevelopment programs. The primary funding source for CRA activities is the Redevelopment Trust Fund. This Fund is the depository for all TIF revenues generated within the Community Redevelopment Area. Based on estimates of the current property valuations, and assuming the historic annual increase of 2 percent in these valuations, together with new construction, it is estimated that the total tax increment revenue generated by the redevelopment area will be approximately $ 4.5 million over the next live year period. This estimate is believed to be conservative since it does not include revenues generated by the redevelopment projects described in this plan. These projects will increase the total tax increment as they are completed and entered on the tax rolls. Since its creation in 1985, the CRA has continued to expand its redevelopment efforts into the surrounding community. Starting with just a few projects, the CRA has increased its activities to include over two dozen projects and programs. It must be noted; however, that this increased commitment is not without costs. Consequently, the CRA's overall program has outgrown the limited funding provided by TIF revenues. To continue its redevelopment effort and provide adequate funding for its various projects and programs, the agency must now turn to long-term borrowing. Since property values will inevitably increase as a result of its activities, this method of financing the CRA redevelopment effort can also be looked upon as an investment in future TIF revenue. Projected Assessment $318,500,786 $325,081,902 $331,758,178 $338,592,396 $345,567,399 Base Year AsseSSment $245,631,067 $245,631,067 $245,631,087 $245,631,067 $245,631,067 Tax Increment $72,869,719 $79,430,835 $86,127,111 $92,961,329 $99,936,332 Ad Valorem Tax $814,181 $887,489 $962,307 $1,038,666 $1,116,599 REVENUES Tax Increment Revenues $773,471 $843,114 $914,192 $986,733 $1,060,769 Interest Income $89,718 $29,458 $25,623 $28,712 $17,208 Net Pr,operty Lease Revenues $24,878 $6,283 $12,034 $10,551 $8,867 Project Revenue $3,406,649 $1,048,953 $643,064 $458,704 $622,121 I From, Project, Reserve $803,512 $124,733 $0 $264,169 $129,578 TOTALREVEN,UE,S ,, ,,, $j,748;869 $i;838,540 EXPENDITURES ~ General/Administrative $361,792 $361,521 $375,580 $393,8'54 $406,877 Debt Service: Bond Borrowing $310,388 $329,678 $347,540 $363,975 $353,983 Debt Service: Other $120,355 $240,711 $240,711 $240,711 $240,711 Project Expenses $4,185,693 $1,070,631 $579,918 $703,329 $1,036,972 To Operating Reserve - Bonds $100,000 $50,000 $50,000 $50,000 ($200,000) To Project Reserve $0 $0 $1,164 $0 $0 , iTOTA~ ~P ENDITURES, i I f~,078~28 ;052 $i ~',9i 3 $,1i7~;869 $i~838743 Table 4-2: 5-Year Revenue & Expense Projections 4.41 Exhibit "A" to Ordinance No. 8-96 Page 6 of 7 VIII. Five-Year Redevelopment Program and Funding Allocations This section of the Community Redevelopment Plan provides a five-year funding program for the Planning, Redevelopment and Community Improvement programs & projects which are identified within the Plan. This five-year program is intended to serve as a guide for project implementation and to assist in cash flow management. It is not intended to replace the annual budget adopted by the CRA. Table 4-3 lists estimated project-specific net funding allocations for each CRA project. This table is for planning purposes only and is not a guarantee of expenditure of funds on a given project. Actual project allocations will be determined annually through the budget process. As priorities change, projects are deleted or new projects or programs are created, this table will be amended. It is intended that this process occur at least once annually, after adoption of the budget. ,,i ,,i, :::i:: : : ::::~, :i, 1::,:,, ,~ ,,I: ~7/9a ...... i,]:,~i,~ I 99/'a3oo PROJECT REVENUES 2.1 Peach Umbrella Plaza I $40,000 $433,500 $25,000 $0 $0 2.2 Affordable Housing program $90,002 $62,206 $62,817 ${~,457 $64,130 2.4 Downtown Mixed Use Redev. prOject $2,675,250 $150,500 ' '$150,500 $150,500 $150,500 .2.6 S. County Courthouse Expansion 0 $0 $200,000 $0 $0 $200,000 2.8 Bankers Row $3,210 $3,210 $3,210 $3,210 $3,210 2,15 Block #60 - Historic Homes $68,187 $49,537 $209,537 $49,537 $12,281 I~ock #60 - Parking $0 $0 $42,000 $42,000 $42,0(X) 2.17 Peach Umbrella Plaza II $380,000 $0 $0 $0 $0 3.i CRA SubSidized Loan program $50,000 $30,000 $30,000 $30,000 $50,000 3.7 " Grant Administration program $100,000 $100,000 $100,000 $100,000 $100,000 TOTAL pROJECTREVENUES' $3,406,649 $1,048,953 $643,064 $458,704 $622,121 PROJECT EXPENSES PLANNING !.2 w. Atlantic Ave. Redev. Plan $59,721 $0 $0 $0 $0 1.3 CBD Development Plan 1.5 Del Ida Park Neigh. Improvement Plan $5,000 $5,000 $5,000 $3,000 $5,000 1.6 Osceola Park Redev. & Neigh. Improv. 1.4 Master Parking program $0 $0 $0 $0 $0 REDEVELOPMENT 2.1 Peach Umbrella Plaza I $169,0(X) $534,0(X) $0 $0 $0 2.2 Affordable Housing program $148,375 $151,544 $154,831 $158,242 $161,885 2.3 Downtown Anchor with Parking $10,000 $0 $0 $0 $0 2.4 Downtown Mixed Use Redev. project $2,530,010 $0 $6 $0 $0 2.5 Blocks 76 - Redevelopment $0 $0. $0 $0 $6 Block 76 - Parking $275,000 $0 $50,000 $0 $0 2.6 S. County Courthouse Expansion $0 $0 $0 $0 $500,000 S. County Courthouse - prop. Renov. $45,000 $0 $0 $0 $0 2.9 Plneep~e Grove Main Street $10,000 $10,000 $6 $0 '$0 2.10 Municipal Tennis Ce~:tter Rehab. $49,537 $49,537 $49,537 $49,537 $49,537 2.11 N. Federal Hwy. 'Improvement program '$5,000 $5,000 $5,000 $5,000 $5,000 2.12 Old'School Square $0 $0 $0 $0 $0 2.13 Mo~n! Olive Redevelopment $0 $0 $0 $0 $0 2.14 Do~nlown Core Improvement program $30,000 $50,000 $50,000 $30,000 $30,000 2.15 Bkx;k ~60 - Hlsloric Hemes $28,000 $0 $0 $0 $6 Block ~60 - Parking $155,500 $0 $0 $170,000 $6 2.16 Block #61 Redevelopment $0 $0 $0 $0 $0 2.17 Peach Umbrella Plaza II $380,000 ' $0 $0 $0 $0 2.18 8th Street (Tenneco Site) $0 $0 $0 $0 $6 COMMUNITY IMPROVEMENT 3.1 CRA Subsidized Loan program $100,000 $100,000 $100,000 $100,000 $100,000 3.2 Site Development Assistance $10,005 $10,050 $10,000 $10,000 $10,000 3.3 Community Activities Sponsorship $10,050 $10,050 $10,050 $10,050 $10,050 4.42 Exhibit "A" to Ordinance No. 8-96 Page 7 of 7 I : : : :96/97 97/~ .... ;3 4 . ' oelr~ Beach T~°l ~y ~i~rn ; ";$1'0'i~30 $i0,000. . 3.5 Business Development Program '$10,000 $10,000 $10,000 $10,000 $10,000 3.6 Historic Facade Easemef~t Program $25.000 $25,000 $25,000 $25,000 $25,000 3.7 Grant Admlnisbatlon Program $1 {30,000 $100,000 $100,000 $100,000 $100,000 MISC. PROJECT EXPENSES S5oo Ssoo $,500 $5oo $500 ~ P , , TAL ~E~ EXPENSES S4,i~,~ ~ ~$!i070 S31 Table 4-3: Five Year Redevelopment Program & Funding Allocations Notes: (1) Project revenue figures include reimbursements to CRA from land sales and from other project participants where applicable, (2) All projects shown in this table are subject to availability of funding 4.43