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Agenda Reg 09-19-01
City of Delray Beach *** WEDNESDAY *** September 19, 2001 Regular Meeting 6:00 p.m. Public Heatings 7:00 p.m. Commission Chambers Delray Beach City Hall 100 NW 1st Avenue Delray Beach, Florida 33444 Phone: (561) 243-7000 Fax: (561) 243-3774 RULES FOR PUBLIC PARTICIPATION 1. PUBLIC COMMENT: The public is encouraged to offer comments with the order of presentation being as follows: City Staff, public comments, Commission discussion and official action. City Commission meetings are business meetings and the right to limit discussion rests with the Commission. Generally, remarks by an individual will be limited to three minutes or less. The Mayor or presiding officer has discretion to adjust the amount of time allocated. A. Public Hearings: Any citizen is entitled to speak on items under this section. Comments and Inquiries on Non-Agenda Items from the Public: Any citizen is entitled to be heard concerning any matter within the scope of jurisdiction of the Commission under this section. The Commission may withhold comment or direct the City Manager to take action on requests or comments. Regular Agenda and First Reading Items: When extraordinary circumstances or reasons exist and at the discretion of the Commission, citizens may speak on any official agenda item under these sections. 2. SIGN IN SHEET: Prior to the start of the Commission Meeting, individuals wishing to address public hearing or non-agendaed items should sign in on the sheet located on the right side of the dais. If you are not able to do so prior to the start of the meeting, you may still address the Commission on an appropriate item. The primary purpose of the sign-in sheet is to assist staff with record keeping. Therefore, when you come up to the podium to speak, please complete the sign-in sheet if you have not already done so. 3. ADDRESSING THE COMMISSION: At the appropriate time, please step up to the podium and state your name and address for the record. All comments must be addressed to the Commission as a body and not to individuals. Any person making impertinent or slanderous remarks or who becomes boisterous while addressing the Commission shall be barred by the presiding officer from speaking further, unless permission to continue or again address the Commission is granted by a majority vote of the Commission members present. APPELLATE 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. The City will furnish auxiliary aids and sermces to afford an individual with a disability an opportunity to pazt~cipate in and enjoy the benefits of a service, program, or activity conducted by the City. Contact Doug Randolph at 243- 7127 (voice) or 243-7199 (TDD), 24 hours prior to the event in order for the City to accommodate your request. Adaptive listening devices are available for meetings in the Commission Chambers. 2. 3. 4. 5. o ROI,L CAI.I., INVOCATION. PLEDGE OF ALI.EGIANCE TO THE FLAG. AGENDA APPROVAL. APPROVAL OF MINUTES: · September 4, 2001 - Regular Meeting PROCLAMATIONS: A. Breast Cancer Awareness Month - October 2001 & Mammography Day - October 19, 2001 B. Head Start Awareness Month - October 2001 PRESENTATIONS: A. LegislaUve Issues - Representative Bill Andrews, Representative Anne Gannon and Representative Richard Machek B. Government Finance Officers Association Distinguish Budget Award presented to the City of Delray Beach for FY 2000-2001 CONSENT AGENDA: City Manager Recommends Approval. A. RELEASE/CANCEI.I.ATION OF WATER SERVICE AGREEMENT (1710- Bo 1800 N. FEDERAL HIGHWAY: Approve the release and/or cancellauon of a Water Service Agreement for property located at 1710-1800 North Federal Highway (fka Arrow Trailer Park), said property has been annexed into the City and is connected to City water and sewer. REQUEST TO /~LLOW A TEMPORARY MODULAR BUILDING/MAROONE FORD: Approve a request to allow a temporary modular building at Maroone Ford, located at the northwest corner of Linton Boulevard and Wallace Drive (1311 Linton Boulevard), for use as offices for a period of one (1) year while building improvements are constructed. CLOSEOUT CHANGE ORDER # 1 & FINAL PAYMENT /CHAZ EQUIPMENT (ROYAL PALM BOULEVARD): Approve closeout Change Order # 1 in the net deduct amount of $3,716.00 and final payment m the amount of $20,051.00 to Chaz Eqmpment for the Royal Palm Boulevard Paving and Drainage Improvements. Funding is available from 448-5461-538-65.04 (Stormwater Utility- Royal Palm Boulevard). -2- 09-19-01 D0 RESOLUTION NO. 58-01: Approve Resolution No. 58-01 supporting implementation of aquifer storage and recovery technologies for the purpose of protecting the environment and public water supplies. CONTRACT ADDITION/CORPORATE CONNECTION SOVEREIGN: Approve a contract addition to Corporate Connection Sovereign's contract for bus rental and driver service for the Rock's Football and Summer Day Camp programs in the amount of $17,361.25. Funding is available from 115-4912-572-55.30 (Rocks Football) in the amount of $7,361.25, and 001-4106-572-44.90 (Summer Day Camp) m the amount of $10,000.00. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: 0 Accept the actions and decisions made by the Land Development Boards for the period September 4, 2001 through September 14, 2001. REGULAR AGENDA: A. FUNDING FOR SPECIAL EVENTS & CHARITABLE ORGANIZATIONS: B0 Consider approval of the recommended funding allocations for special events and charitable organizations for FY 2002. SPECIAL EVENT REOUEST/ART & JAZZ ON THE AVENUE (ALL AMERICA CITY CELEBRATION): Approve a request to allow Art & Jazz on the Avenue to be held on Thursday, October 18, 2001, from 6:00 p.m. to 11:00 p.m. Request includes approval of the temporary use permit and street closure (Atlantic Avenue from Swinton Avenue to NE 7e~ Avenue, Railroad Drive from Atlantic Avenue to NE 2nd Street and the use of Veterans Park), staff support for security and traffic control, banner hanging and removal, barricade set up and removal, clean up, use and set up of City stages. RESOLUTION NO. 59-01 (YEAR-END BUDGET ADJUSTMENTS): Consider approval of Resolution No. S9-01 making year-end adjustments to the adopted budget for FY 2001. REJECTION OF BID/ALL-RITE PAVING CONTRACTORS, INC./NE 4II~ STREET FROM NE 2m~ AVENUE TO FEDERAL HIGHWAY: Approve the rejection of bid to All-Rite Paving Contractors, Inc., for the NE 4~h Street from NE 2nd Avenue to Federal Highway project. SLxty days have passed since the bid opening and the contractor is not willing to hold the bid prices. AWARD AGREEMENT/NOVA INFORMATION SYSTEMS, INC. & IMPERIAL BANK: Consider an agreement between the City and NOVA Information Systems, Inc., and Imperial Bank for credit card services at the Delray Municipal Golf Course and Lakeview Golf Course pro shops. CITY ATTORNEY EVALUATION. -3- 09-19-01 10. G. CITY MANAGER EVALUATION. PUBLIC HEARINGS: ORDINANCE NO. 45-01: An ordinance amending Ordinance No. 1-98, which comprises Waterford Place SAD (Special Activities District), to eliminate the condition of approval requiring a certificate of occupancy for the hotel to be issued prior to the issuance of a certificate of occupancy for the final multi-family building, located on the south side of Linton Boulevard between Interstate-95 and Lindell Boulevard. REQUEST FOR WAIVER OF CITY ORDINANCE (TOWN SQUARE): Consider a request from Town Square, 55 NE 5th Avenue for a waiver to the provision of Secuon 4.6.70S)(1), Section 4.6.7(G)0)(d)(fi) and Section 4.6.7(G)(7) of the Sign Code m the City's Land Development Regulations. The City will consider waiving the provision of the code that states flat wall signs must face dedicated street frontage, and also states that signs must be located over the business they represent. Also that signs totally in the standard setback are reqmred to have a sign area of 20-square feet or less, and where a property has more than one frontage, a second freestanding sign is limited to a sign area of 50-square feet. Staff recommends denial. REQUEST FOR WAIVER OF CITY ORDINANCE (CREATIONS): Consider a request from Creations, 101 NE 2nd Avenue, for a waiver to the provision of Section 4.6.70S)(1), Secnon 4.6.7(G)0)(d)(ii) and Section 4.6.7(G)(7) of the Sign Code in the City's Land Development Regulations. The City will consider waiving the provision of the code that states flat wall signs must face dedicated street frontage, and also states that signs must be located over the business they represent. Also that signs totally m the standard setback are required to have a sign area of 20-square feet or less, and where a property has more than one frontage, a second freestanding sign xs limited to a sign area of 50-square feet. Staff recommends demal. Do RESOLUTION NO. 55-01 (MILIJkGE LEVY): A resolution levying a tax on all properties within the City of Delray Beach for operation and maintenance, and for payment of principal and interest on bonded indebtedness for FY 2002. RESOLUTION NO. 56-010VIIIJ.&GE LEVY/DDA): A resolution levying a tax on all properties within the Downtown Development Authority Taxing District of the City of Delray Beach for FY 2002. RESOLUTION NO. 57-01 (FY 2002 BUDGET ADOPTION): A resolution making appropriations of sums of money for all necessary expenditures of the City of Delray Beach for the period October 1, 2001 thorough September 30, 2002. APPROVAL OF FIVE YEAR CAPITAL IMPROVEMENT PLAN: Accept the Planning and Zoning Board's finding that the proposed Fxve Year Capital Improvement Plan and FY 2002 Capital Improvement Budget are consistent with the Comprehensive Plan, and approve same. -4- 0%1%01 11. 12. 13. Ho ORDINANCE NO. 46-01: An ordinance mending Chapter 52, "Water" of the Code of Ordinances by amending Section 52.34, "Water Rates", to provide for increased residential, nonresidential and irrigation rates for FY 2002. ORDINANCE NO. 47-01: An ordinance amending Chapter 53, "Sanitary Sewers", of the Code of Ordinances by amending Section 53.130, "User Charges; Wholesale Sewer Rates; Calculation of Sewer Surcharge", to provide for increased residential and nonresidential/commercial rates for FY 2002. ORDINANCE NO. 48-01: An ordinance amending Chapter 51, "Garbage and Trash", of the Code of Ordinances by amending Section 51.70, "Regular Charges Levied", to provide for contracted garbage, trash, recycling, vegetation and bulk waste collection service rates for FY 2002. ORDINANCE NO. 49-01: An ordinance amending Chapter 96, "Fire Safety and Emergency Services", Section 96.66, "Emergency Medical Transportation Fees", of the Code of Ordinances to adjust the fee schedule for emergency medical transportation in accordance with the Nattonal American Fee Schedule. ORDINANCE 50-01: An ordinance repealing Chapters 57 and 58 of the Code of Ordinances, and creating a new Chapter 57 entitled "Right-of-Way Application Process for Communicataons Facilities"; amending Chapter 50, "Utilities Generally; Public Service Tax", by deleting all references to Telecommunicattons Facilities; mending Chapter 93, "Cable Television" by removing the requirement to pay Franchise Fees to the City; providing for reservatmn of rights and remedies. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS FROM THE PUBLIC- IMMEDIATELY FOLLOWING PUBLIC HEARINGS. A. City Manager's response to prior public comments and inqumes. B. From the Public. FIRST READINGS: ORDINANCE NO. 51-01: An ordinance annexing into the City the Fanelli property located on the east side of Military Trail, north of Atlantic Avenue (Lrnmediately east of the Boys Farmers Market) and establishing initial zoning of GC (General Commercial) for the property. If passed, a quasi-judicial (as m zoning) public hearing will be scheduled for October 2, 2001. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS. A. City Manager B. City Attorney C. City Commission -5- 09-19-01 CITY COMMISSION CITY OF DELRAY BEACH~ FLORIDA REGULAR MEETING - SEPTEMBER 19~ 2001 6:00 P.M. - COMMISSION CHAMBERS AGENDA ADDENDUM THE CONSENT AGENDA IS AMENDED BY ADDING THE FOLLOWING ITEM: PROCLAMATIONS: C. National Race Equality Day - September 19, 2001 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. CITY COMMISSION CITY OF DELRAY BEACH, FLORIDA REGULAR MEETING - SEPTEMBER 19, 2001 6:00 P.M. - COMMISSION CHAMBERS AGENDA ADDENDUM THE CONSENT AGENDA IS AMENDED BY ADDING THE FOLLOWING ITEM: 8. CONSENT AGENDA G. AWARD OF BIDS AND CONTRACTS: Bid award in the amount of $45,300.00 to ADDCO, Inc. for the purchase of two (2) trailer-mounted programmable electronic message signs. Funding is available in 001-2316-525-64.90 (Emergency Management, Other Machinery/Equipment). 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. CITY COMMISSION CITY OF DELRAY BEACH~ FLORIDA REGULAR MEETING - SEPTEMBER 19~ 2001 6:00 P.M. - COMMISSION CHAMBERS SECOND AGENDA ADDENDUM THE CONSENT AGENDA IS AMENDED BY ADDING THE FOLLOWING ITEM: 8. CONSENT AGENDA H. AMENDED AND RESTATED INTERLOCAL AGREEMENT WITH CRA FOR PLANNING AND OTHER SERVICES~ AND INTERLOCAL AGREEMENT WITH CRA FOR WEST ATLANTIC REDEVELOPMENT COALITION~ INC.: Consider approval of two separate interlocal agreements that will extend existing fimding requirements between the City and the Community Redevelopment Agency to September 30, 2002, which provides for the CRA to pay the City for planning and parking management services, and for the City to assist in funding staff support for WARC. 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. SEPTEMBER 4~ 2001 A Regular Meeting of the City Commission of the City of Delray Beach, Florida was called to order by Mayor David Schmidt in the Commission Chambers at City Hall at 6:00 p.m., Tuesday, September 4, 2001. 1_. Roll call showed: Present - Commissioner Patricia Archer Commissioner Jon Levinson Commissioner Alberta McCarthy Commissioner Jeff Perlman Mayor David Schmidt Absent - None Also present were - Assistant City Manager Robert A. Barcinski City Manager David T. Harden City Attorney Susan A. Ruby City Clerk Barbara Garito Deputy City Clerk Angela Wong 2_ The opening prayer was delivered by Reverend Dan Casselberry with Cason United Methodist Church. The Pledge of Allegiance to the flag of the United States of America was given. AGENDA APPROVAL. Mr. Perlman requested that Item 8.E., Chan~e Order #1/Weekly Asphalt Paving, Inc. (2000 Road Bond Resurfacing) of the Consent Agenda be moved to the Regular Agenda as Item 9.A.A. Ms. McCarthy moved to approve the agenda as amended, seconded by Mr. Levinson. Upon roll the Commission voted as follows: Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes. Said motion passed with a 5 to 0 vote. APPROVAL OF MINUTES: Mrs. Archer moved to approve the Minutes of the Regular Meeting of August 21, 2001, seconded by Mr. Levinson. Upon roll call the Commission voted as follows: Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes. Said motion passed with a 5 to 0 vote. 09/04/01 6_. PROCLAMATIONS: 6oAo Kids Day America - September 22, 2001 Mayor Schmidt noted a proclamation hereby proclaiming September 22, 2001 as Kids Day America. 6°Bo Sickle Cell Awareness Month - September 2001 Mayor Schmidt read and presented a proclamation hereby proclaiming the month of September 2001 as Sickle Cell Awareness Month. Charlie B. Hudnell, President of Sickle Cell Foundation of Palm Beach County, Inc., came forward to accept the proclamation. ° PRESENTATIONS: 7°A° Delray Beach Residents Academy Lula Butler, Director of Community Improvement, introduced Janet Meeks, Education Coordinator. Janet Meeks, Education Coordinator, stated the Community Improvement Department is ready to embark on a new program called the "Residents Academy" which is going to be a 6-week program. Mrs. Meeks stated the objective of the program is to provide an introduction by City leaders and staff to provide the residents with information and materials that will enable the citizens to understand how departments that make up our local government serve our community. In addition, the program will enable a citizen to better understand the processes involved, and help them to successively navigate and unravel the "red tape" syndrome of what can be a complex system of government operations and services. The Academy will be held every Thursday for six consecutive weeks beginning October 4, 2001. The City Commission will have the oppommity at the first session ("At the Helm") to give a brief overview of what they do for the City. Mrs. Meeks stated the departments that are closely related to each other have been grouped together. Mrs. Meeks stated the program will end with a Graduation Breakfast and applications will be available through the Chamber of Commerce Website and will be placed in the front lobby of City Hall. Mr. Perlman commended Mrs. Meeks for setting up this program. Mr. Perlman feels this is a great follow-up to the Neighborhood Summit, which was very successful. Mr. Perlman stated that this further promotes three of their target goals because it promotes community unity, strengthens neighborhoods by getting people involved, and the quality education opportunities is really for everyone. Mr. Levinson stated at the Chambers Strategic Retreat there was a lot of discussion about expanding the Leadership Delray Program in an effort to get non-business people involved. Mr. Levinson commented that he hopes that we can get some of these people -2- 09/04/01 to enroll in the Leadership Delray Program. Mrs. Meeks stated the first session will be in the evening and then in the Spring staff may try to implement an afternoon session in an effort to get people involved who are unable to attend the evening session. Mrs. Meeks stated staff is ultimately hoping to get a broad base of residents to take the program. 8~ CONSENT AGENDA: City Manager Recommends Approval. 8.A. MODIFICATION OF PARKING LICENSE AGREEMENT (KYOTO SUSHI & SAKE LOUNGE): Approve a request from Kyoto Sushi & Sake Lounge to modify the Parking License Agreement by reducing their valet parking queue by two (2) parking spaces (from five to three) by eliminating the two (2) recently created customer pick-up spaces on the west side of NE 2nd Avenue (Pineapple Grove Way). 8.B. MODIFICATION OF AGREEMENT BETWEEN THE CITY AND COUNTY/JP MORGAN CHASE TENNIS CHALLENGE BENEFIT {VENUS & SERENA WILLIAMS EVENT): Approve the agreement providing for reimbursement to the City in the amount of $25,000.00 for the JP Morgan Chase Tennis Challenge Benefit (Venus & Serena Williams Event) extending the date for the City to provide information to the County until December 31, 2001. 8.C. 2001 LOCAL LAW ENFORCEMENT BLOCK GRANT (LLEBG): Approve acceptance of the 2001 Local Law Enforcement Block Grant in the amount of $210,539 with a City match of funds in the amount of $23,393 for a total amount of $233,932. 8.D. SPECIAL EVENT REQUEST/SUNSHINE STATE GAMES: Consider a request by the Palm Beach County Sports Commission to use our beach (between Sandoway and Anchor Park) for a beach volleyball tournament June 14 through June 17, 2001 as part of the Sunshine State Games. The Florida Sports Commission is to provide sports equipment, manpower and event insurance. 8ogo MOVED TO THE REGULAR AGENDA AS ITEM 9.A.A. SERVICE AUTHORIZATION #9/MATHEWS CONSULTING, 8oF, INC.{WATER TREATMENT PLANT CAPACITY UPGRADE PERMITTING): Approve Service Authorization #9 with Mathews Consulting, Inc. in the amount of $17,300.00 for the Water Treatment Plant Capacity Upgrade Permitting. Funding is available from 441-5181-536- 31.90 (Other Professional Services). 8.G. RESOLUTION NO. 53-01: Approve Resolution No. 53-01 assessing costs for action necessary to abate nuisances on thirteen (13) properties throughout the City. The caption of Resolution No. 53-01 is as follows: -3- 09/04/01 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PURSUANT TO CHAPTER 100 OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, ASSESSING COSTS FOR ABATING NUISANCES UPON CERTAIN LAND(S) LOCATED WITHIN THE CITY OF DELRAY BEACH AND PROVIDING THAT A NOTICE OF LIEN SHALL ACCOMPANY THE NOTICE OF ASSESSMENT; SETTING OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH ABATEMENT AND LEVYING THE COST OF SUCH ABATEMENT OF NUISANCES; PROVIDING FOR AN EFFECTIVE DATE AND FOR A DUE DATE AND INTEREST ON ASSESSMENTS; PROVIDING FOR THE RECORDING OF THIS RESOLUTION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE SUBJECT PROPERTY FOR UNPAID ASSESSMENTS. (The official copy of Resolution No. 53-01 is on file in the City Clerk's office.) 8.H. RESOLUTION NO. 54-01: Approve Resolution No. 54-01 assessing costs for action necessary to remove junked and/or abandoned vehicles from three (3) properties throughout the City. The caption of Resolution No. 54-01 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PURSUANT TO CHAPTER 90 OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, ASSESSING COSTS FOR ABATING NUISANCES BY REMOVING JUNKED AND/OR ABANDONED VEHICLES WITHIN THE CITY OF DELRAY BEACH; SETTING OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH ABATEMENT AND LEVYING SAID COSTS; PROVIDING FOR AN EFFECTIVE DATE AND FOR A DUE DATE AND INTEREST ON ASSESSMENTS; PROVIDING FOR THE RECORDING OF THIS RESOLUTION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE SUBJECT PROPERTY FOR UNPAID ASSESSMENTS; PROVIDING FOR THE MAILiNG OF NOTICE OF LIEN. (The official copy of Resolution No. 54-01 is on file in the City Clerk's office.) 8.I. AMENDMENT gl/JANUS RESEARCH~ INC. (DELRAY BEACH COMPREHENSIVE HISTORIC STRUCTURES SURVEY~ PHASE II): Approve Amendment #1 to thc agreement with Janus Research Inc. which contains provisions that thc -4- 09/04/01 State of Florida requires it grantees to include in any agreement where the State is contributing grant money. 8.g. FLORIDA RECREATION DEVELOPMENT ASSISTANCE PROGRAM (FRDAP) GRANTS/CATHERINE STRONG CENTER & BARWICK PARK: Authorization to apply for two (2) grants from Florida Recreation Development Assistance Program (FRDAP); Catherine Strong Center grant for a total of $143,000 for tennis courts (includes a City match of $35,750); and $50,000 grant for playground equipment at Barwick Park. 8.K. ACCEPTANCE OF AN EASEMENT DEED: Approve and accept an easement deed which allows the City the means to install and maintain a water main along the west side of Lot 14, South Ridge Subdivision. 8.Lo REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Land Development Boards for the period August 20, 2001 through August 31, 2001. 8.M. AWARD OF BIDS AND CONTRACTS: Purchase of a trailer mounted Vac-Con unit from Southern Sewer Equipment Sales in the amount of $25,950.00 via the City of Gainesville contract. Funding is available from 441-5123-536-64.90 (Other Machinery & Equipment). Mrs. Archer moved to approve the Consent Agenda as amended, seconded by Mr. Levinson. Upon roll call the Commission voted as follows: Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes. Said motion passed with a 5 to 0 vote. RE GULAR AGENDA: 9.A.A. CHANGE ORDER gl/WEEKLY ASPHALT PAVING, INC. (2000 ROAD BOND RESURFACING): Approve Change Order #1 in the amount of $2,000.00 to Weekly Asphalt Paving, Inc. for additional remobilization costs, and a 12% increase for all other unit prices, however with quantities being less then originally estimated, the contract amount remains the same. Funding is from 370-3162-541-65.40 (2000 Roadway Bond Resurfacing). Mr. Perlman asked why the City would be responsible for the increase of the cost of materials when the City already has a contract? In response, the City Manager stated the reason for the increase is because of the length of time that has transpired since the work was started. The City Manager stated the project has stretched out longer than what was anticipated when the project was bid. The City Manager stated the City is now into a second Phase. Dan Beatty, Deputy Director of Public Utilities, reiterated comments made by the -5- 09/04/01 City Manager and stated the City is responsible for the cost increase because of the duration of time between the two phases of the project. Mr. Perlman inquired about whether or not the contractor would be obligated to do the job? In response, the City Attorney stated the company would more than likely present a legal argument charging the City with damages for delay. The City Attorney stated when a project is bid, those are the prices. However, the City Attorney stated is this particular case, apparently there was a delay which presents a different fact. Mr. Perlman moved to approve Change Order #1 in the amount of $2,000 to Weekly Asphalt Paving, Inc. for additional remobilization costs, and a 12% increase for all other unit prices, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes. Said motion passed with a 5 to 0 vote. At this point, the time being 6:10 p.m., the Commission moved to Item 9.A., Appeal of the Site Plan Review and Appearance Board Action. 9.Ao APPEAL OF THE SITE PLAN REVIEW AND APPEARANCE BOARD ACTION: Consider an appeal of the Site Plan Review and Appearance Board decision regarding approval of a Class V Site Development Plan, Landscape Plan and Elevations associated with the Hotel Vista Del Mar, located approximately 300 feet south of Atlantic Avenue on the west side of Ocean Boulevard, (State Road A- l-A). Ouasi-Judicial Hearing Mayor Schmidt asked the Commission to disclose any ex parte contacts. For the record, Mayor Schmidt stated he did speak to Perry DonFrancisco, Michael Weiner, Michael Busha, and Marcela Camblor of the Treasure Coast Regional Planning and Gary P. Eliopoulos. Mr. Perlman stated with regard to the lift issue, he would like to disclose that he has been exposed to various conversations at the Charrette. In addition, Mr. Perlman stated he spoke to Tom McMurrain of Ocean Properties, Bob Currie, Fran Marincola, and Marcela Camblor. With regard to the site plan specifically, Mr. Perlman stated he spoke to Gary P. Eliopoulos, Perry DonFrancisco, and Michael Weiner. Mr. Perlman stated he was at a meeting with the CRA in which this project was talked about and he also spoke to Tom Lynch. Mrs. Archer stated she spoke with Fran Marincola, Michael Weiner, Perry DonFrancisco, Tom McMurrain, SPRAB, and several citizens who left messages on her answering machine; one of which Mrs. Archer stated she spoke in quite detail to J. Reeve Bright, Attorney. In addition, Mrs. Archer stated she received letters and e-mails, which she has made available to the City Clerk. Mr. Levinson stated he had lunch with Bob Currie and a meeting with Michael Weiner and Perry DonFrancisco. In addition, Mr. Levinson stated he had a number of e-mails, -6- 09/04/01 which he has made available to the City Clerk. Ms. McCarthy stated she spoke to Susan Ruby, Perry DonFrancisco, Michael Weiner, Fran Marincola, and Gary P. Eliopoulos. In addition, Ms. McCarthy stated she has had a multitude of e-mails, which she has forwarded, to City Hall. The City Attorney stated all involved parties would conduct this item as a quasi- judicial hearing, which allows for presentations, the admission of documents into the record and public testimony. Barbara Garito, City Clerk, swore in those individuals who wished to give testimony on this item. Paul Dorling, Planning Director, entered into the record the Planning and Zoning Department's project file #2001-008. Mr. Dorling stated the development proposal includes the demolition of the Bermuda Inn, a 20 room two-story motel (constructed in 1968) along with the associated pool and parking. The subject property is located approximately 300 feet south of Atlantic Avenue on the west side of South Ocean Boulevard (State Road A-l-A). The new hotel has a total of 70 rooms and a private gym/spa. The 1,333 square foot restaurant component and the rooftop pool were eliminated from earlier plans. There are a total of 50 parking space accommodated within the building on the ground floor and below grade. There are six floors, including the subgrade parking level and the structure will have an overall height of 48 feet. On three separate occasions (June 20, July 11 and August 8, 2001), the Site Plan Review and Appearance Board considered the proposal and was unanimously approved on August 8, 2001. The project has been modified during the course of these three meetings to address concerns of staff, the Board and the public. On June 20th the main concerns were that of building height, loading and compatibility with the adjacent residential properties to the west on Salina Avenue. At that meeting, the Board provided direction and the applicant came back on July 11th and addressed the height through the removal of decorative towers which were exceeding the 48 feet and lowering the actual required towers which were accommodating stairways and elevators. Mr. Dorling stated the loading area was expanded. However, it was noted that there was still concern with the loading area, how it would function, and its adequacy given the hotel guests as well as the restaurant, which was on the site. Mr. Dorling stated the compatibility along Salina Avenue was addressed by providing added height to landscape material from 12 to 16 foot trees. The Board discussed an additional concern relating to traffic circulation. The applicant returned on August 8, 2001, and further addressed the height by reducing the number of towers to one and removing a tower, which accommodated a stairway and elevators to access the roof level for a pool. Mr. Dorling stated since the pool was removed, those elements were removed. With regard to the loading area, Mr. Dorling stated the loading area is even larger than what is required and they made it function from a circulation point of view. Mr. Dorling stated they also removed the restaurant, -7- 0~0~01 which eliminated some of the concerns with respect to the adequacy of a loading area. At this point, the loading area will be to provide for the restocking of the vending machines within the hotel. The compatibility concerns along Salina Avenue were further addressed by increasing the rear setback from 5 feet to 10 feet and providing an 8-foot setback on the fifth floor at which location additional landscaping was provided. Also, Mr. Doffing stated enhanced trees were up to 25 to 35 feet were provided along the west elevation to break up that elevation to the residents. The traffic concerns related to Ocean Boulevard, were addressed by installing a traffic divert which allowed exiting traffic on Ocean Boulevard to go southbound only. This alleviated the concerns with people attempting to turn left and going north on Atlantic Avenue. At this point, Mr. Dorling presented slides to the Commission and briefly discussed some of the changes that occurred. Mr. Dorling stated the Commission approved three waivers. These waivers are as follows: Approve a waiver to LDR Section 4.6.9(D)(c)(1), to reduce the required stacking distance for the Salina Avenue driveway entrance from 20' to 14'. Approve a waiver to LDR Section 4.6.14(A), to reduce the visibility triangle at the Salina Avenue driveway entrance from 20' to 10' and at the Ocean Boulevard driveway entrance from 20' to 8', based upon positive findings with LDR Section 2.4.7(B)(5). Approve a waiver to LDR Section 6.1.3(B), to eliminate the required sidewalk along Salina Avenue. Mr. Dorling stated the applicant's plan is consistent with the LDR's, the Comprehensive Plan, and staff is requesting that the Commission uphold the Site Plan Review and Appearance Board's decision. Michael Weiner~ Attorney speaking on behalf of the appellant Boston's Inc. and Boston's on the Beach~ Inc, stated these appellants arc the owners and operators of thc property located at 70 S. Ocean Boulevard, Delray Beach, Florida. Mr. Weiner stated the principal owner of these two Florida Corporations is Perry DonFrancisco. In addition, the following experts are present to testify: Richard Sheremcta, Civil Engineer, John Carline, Urban Planner and Dan Rapco. Mr. Weiner stated this appeal is not an appeal to stop the neighboring project. Mr. Weiner stated they are here to solve a puzzle associated with progress on one hand and good planning on the other. The project being considered is a Class V site plan landscape plan and architectural elevations for the hotel Vista Del Mar located on the west side of South Ocean Boulevard approximately 300 feet south of East Atlantic Avenue. The appellants are the owners and operator of Boston's on the Beach directly to the north of the project showing a common boarder of approximately 180 feet in length. The action being considered relates to the approval by the Site Plan Review and Appearance Board their last meeting of which was August 8, 2001. -8- 09/04/01 Mr. Weiner stated certain drainage issues means that stormwater mn-off must be accepted by some fashion. Mr. Weiner stated this physical imposition makes them different from any other landowners. Secondly, Mr. Weiner stated there is a question whether or not this particular plan would restrict the present rights of the appellants and a question of whether or not allowing this particular design will take valuable rights from the appellant. With regard to the stormwater runoff, Mr. Weiner stated the Commission would hear that Boston's must accept the volume of water from this site. Mr. Weiner stated some of the water flows to a flat roof and swales. Mr. Weiner stated the integrity and capacity would be jeopardized and stated no landowner should be required to accept this burden. As to the second issue, Mr. Weiner stated in the absence of some contractual or statutory obligation a landowner has no legal right to unobstructed air and light from the adjoining land. Mr. Weiner stated if the neighbor receives approval of the site plan with a serrated building with approximately one-third of the total rooms relying on a view over Boston's. Mr. Weiner further explained when Boston's builds its own five-story building and builds it in accordance with the regulations for the City of Delray Beach then Boston's has the absolute right to build a blank wall in front of those rooms and the adjoining property owner cannot complain in any manner. Mr. Weiner stated there are two elements in the Comprehensive Plan the first element is to do with Open Space LDR Section 4.4.13(F)(2) and the second element is the Future Land Use Element Objective A-1. In addition, Mr. Weiner reference Section 2.4.5(F)(5) (Site Plan Findings) which states the following: "Pursuant to Section 2.4.5(F)(5) (Findings), in addition to provisions of Chapter Three, the approving body must make a finding that the development of the property pursuant to the site plan will be compatible and harmonious with the adjacent and nearby properties and the City as a whole, so as not to cause substantial depreciation of property values." Mr. Weiner stated the plan proposed for the hotel with respect to its north elevation depends upon a view over the two-story structure, which is presently Boston's. Mr. Weiner stated from a front view Boston's Restaurant would look like Alternate "A" . Mr. Weiner stated Boston's has a right to look like Alternate "C". Mr. Weiner stated the Central Business District (CBD) has been designed to allow zero lot lines (Alternate "C"). Further discussion followed by Mr. Weiner. Mr. Weiner stated the City's staff expressed concerns regarding ocean visibility from the northern hotel rooms. Mr. Weiner stated it said, "if a building were to be constructed on Boston's property that it would be blocked." Mr. Weiner stated they proposed that the comer on each floor (four units on the north side) should be removed opening and closing between the two buildings a view corridor. The following expert witnesses gave the following testimonies: -9- 09/04/01 Richard Sheremeta~ representing the firm Heller~ Weaveh Sheremeta~ stated he has had thc opportunity to review the development plans presented to SPRAB and expressed several concerns. Mr. Sheremeta stated one concern is drainage calculations that were presented which reflect "pre" versus "post" discharge from the site. Secondly, Mr. Sheremeta stated the drainage pattern and whether or not it will remain thc same or if it will be changed. Based upon the review by Heller, Weaver, Sheremeta, the conclusion was made that the drainage calculations only address the actual volume of discharge from the site and does not address where that discharge is going to be. Furthermore, Mr. Sheremeta stated they have concluded that approximately eleven percent of the existing site as it stands today discharges to the west towards Salina Avenue. However, in the post development state or the proposed development plan, Mr. Sheremeta stated there would then be approximately 92 percent of that property discharging towards the north and west. Mr. Sheremeta stated there is approximately 6 ½ times as much water under thc five year storm event that would be discharged in that direction. Mr. Sheremeta stated it is approximately 29,000 gallons of water in a five-year storm event. Mr. Sheremeta stated looking at a five-story blank wall essentially along that north property line, any rainfall that falls does not fall horizontally and storm events are accompanied by winds. Mr. Sheremeta stated the proposed development would actually increase that wall service by roughly 4,300 square feet of wall surface. Mr. Sheremeta stated there would be roughly 41,000 gallons that will be discharged from that site towards the west as opposed to the way it is now towards A-1-A. Mr. Sheremeta stated he has some very serious concerns about whether or not the project has adequately addressed the runoff from the project and its potential impact on Boston's and Salina Avenue. With regard to the one-story roof at Boston's, Mr. Sheremeta stated it currently receives some runoff from the existing Bermuda Inns north faqade. However, Mr. Sheremeta stated when the new development is completed the new exposure will increase by a factor of three and the net affect will be that there will be twice as much water impacting the roof under any storm event as compared to what occurs now. In conclusion, with regard to the one-story roof, Mr. Sheremeta suggested is to not put the wall against it. Secondly, if the wall is there, Mr. Sheremeta suggested to fabricate some type of a flow diverted at the base of that wall which would direct water away that roof and back towards A-1-A. As far as the overall site is concerned, Mr. Sheremeta stated he does not feel adequate data has been presented to the City to evaluate the full impact of whether or not the drainage facilities proposed can adequately satisfy the concerns. Mr. Sheremeta stated the landscaping that is put there would impact the swale that is proposed along the north property line. Mr. Sheremeta stated it would cut down on its capacity and on its ability to convey water towards the west. Thirdly, Mr. Sheremeta stated additional typographic data needs to be presented along Salina Avenue to see what the full impact of any excess rtmoff is going to be on Salina Avenue as well as at Boston's. Mr. Sheremeta stated it appears that there is a low spot at the northwest property comer, which would result in some ponding. Lastly, as another alternative, Mr. Sheremeta suggested looking into the possibility of redirecting all the runoff back to A1A where it currently goes. -10- 09/04/01 John Carline~ Urban Planner with Urban Design Studio~ stated as with the majority of Florida Coastal communities, Delray Beach is experiencing growth and redevelopment. As a waterfront property, values continue to escalate and the pressure to develop to the maximum limits allowed is becoming more and more evident. Mr. Carline stated the hotel Vista Del Mar is one of the first projects on the block to push the limits. It will inevitably set the standards for future community character along this urban edge of ocean frontage. Mr. Carline stated when Boston's decides to exercise their development rights these views will be significantly reduced if not eliminated. A small channel might remain that would allow light and air to penetrate but a view of a proposed five-story building on the north property would hardly constitute the intended view. The proposed owner of Boston's has a valid concern that if this project is approved with such a strong dependency on side views off the north property line, it will severely depreciate the value in associated development rights of his project. After reviewing the proposed plans for Vista Del Mar, Mr. Carline stated that any additional development on the south side of Boston's property that increases the building height will impact the views from the proposed hotel. The Vista Del Mar Hotel relied on views that disregard the development right for the Boston's property. In summary, Mr. Carline stated the proposed hotel is a good use for the property. However, Mr. Carline stated additional attention should be given to the urban edge that this project would become part of Ocean Boulevard. Furthermore, Mr. Carline stated now is the time to look and require redevelopment to incorporate the established pattems that create a friendly pedestrian environment and a ground floor frontage that provides human scale elements in appropriate uses. Dan Rapco~ Price Real Estate Firm and resident of the Ci.ty of Delray Beach, stated with regard to LDR Section 2.4.5(F)(5) specifically to that portion that stated:..." so as not to cause substantial depreciation of property values." Mr. Rapco stated this is talking about the property values to the adjacent owner. Mr. Rapco stated if this were the case, then the Vista Del Mar Hotel as proposed would probably not cause any damages if the design was so that there was no northern exposures at all. However, Mr. Rapco stated with northerly exposures, the development of Boston's property would be damaged. Mr. Rapco stated by denying Boston's the right to build to its highest and best use (i.e. two stories with no blocked rooms versus five stories to its maximum height) then Boston's has been damaged. Jos6 N. Aeuila~ architect with Robert G. Currie Partnership~ Inc. and representing the applicant for the Vista Del Mar Hotel, explained they are proposing to build a five-story building (Bermuda Inn). Thc building is currently located on the north property line. Mr. Aguila stated there were several presentations brought before SPRAB and at one point he felt it seemed appropriate to bring into perspective some of the things that arc happening along that corridor. Mr. Aguila gave a PowerPoint presentation and explained that their plans have been adjusted at every level. The letter "L" of the Boulevard to the south is residential property; and from there to the right is CBD. Mr. Aguila emphasized that he is referring to the last property on the south that can be developed in the CBD. With regard to the grade level plan, Mr. Aguila stated the restaurant has been deleted, the handicap spaces have been flipped to the lobby side, they created better visibility issues, and created a one-way in and a one-way out from Ocean Avenue to alleviate all the traffic concerns. Mr. Aguila stated the landscaping on the west side has been increased dramatically by virtue of the setbacks, which have been done above the -11- 09/04/01 LDR requirements. In addition, the landscaping at the entrance has been increased. Mr. Aguila stated the affect of the setback is 18 feet depend where you look at the room wall or 24 feet where the balcony door comes in. Mr. Aguila stated they do not feel that the appellant should loose their rights to develop their property nor do they feel their project prevents the appellant from doing such. Mr. Aguila stated at the SPRAB meeting numerous residents of people who own and live on Salina Avenue fully support this project. Mr. Aguila stated it has been demonstrated to staff that this project has complied with every regulation and feels it will work. Robert G. Currie~ architect with Robert G. Currie Partnership, stated they have complied with every LDR regulation. Mr. Curric stated they have cut back set backs on all sides that is not required, they provided landscaping on all sides which is not required. Mr. Currie stated the only thing he has heard this evening that seems to be a problem is that they are building on thc property linc, which the LDR's allow. Mr. Currie stated that part of the ordinance states "in an urban area along the street in this zone we want to have a continuation of the corridor". Mr. Currie stated if Mr. DonFrancisco would like to build to the property line he encourages him to do so. Mr. Currie stated it would increase the value of the property and increase the value of the strip along A-i-A. Mr. Currie feels this will greatly enhance that strip along A-I-A. Mr. Currie stated the goals of the LDR's is to bring residents into the downtown to help support this area and feels what better way then to build a hotel. In conclusion, Mr. Curric stated they have met with all the criteria and fully supports this project. At this point, for procedural purposes, the City Attorney asked Mr. Aguila if he would like to enter his PowerPoint presentation into the record? There being no objection, the City Attorney stated Jos6 Aguila's PowerPoint presentation has been entered into the record. Harvey Oyer, Attorney with Gunster & Yoakle¥ et al in West Palm Beach and speakiw, on behalf of Don Robinson (homeowner located behind the proposed oroiect)~ stated his client is not against the use of this property as a hotel. Mr. Oyer stated this is too massive of a project and the impact that it has on the residential neighborhood adjacent to and immediately behind the adjacent project. Mr. Oyer stated the footprint of this building is too large and the setbacks are too small. To illustrate this, Mr. Oyer made reference to the page one of four and stated that the "L" shaped property in the center of the page is the existing use of the property. Mr. Oyer stated on the second page the footprint of this building on the property and is four tenths of an acre in size. Mr. Oyer stated the applicant proposes to take up 85-95% of the property depending what is calculated as landscaping. The third page shows a current picture of Salina Avenue with the proposed hotel project. In conclusion, Mr. Oyer urged the Commission to take into the consideration that this is too massive a building to put in this residential district. Also, Mr. Oyer stated it not only devalues the surrounding properties but amongst the drainage concerns and the waiver of the sight visibility triangle, it raises public safety issues as well. Bonnie Biar, speaking for Marion V. Cousins~ read into the record the following letter written by Marion Cousins who is not present due to injury: "My name is Marion Cousins. I have operated business on the comer of East Atlantic and Salina Avenue for over 25 years and have also resided on Salina -12- 09/04/01 Avenue for the same period of time. I am writing this letter to express my support of the proposed hotel and to express my views to the character of Salina Avenue. The fact that Salina Avenue serves as a border between commercial and residential properties is certainly nothing new. In fact, the residents on Salina have always lived in harmony with the commercial activity that occurs on South Ocean Boulevard. What is curious to me as I sat through last months meeting is that I did not recognize anyone who is an actual resident living in close proximity of the proposed hotel. If you were to personally interview the people who actually live on Salina Avenue, I can assure there would be minimal if any opposition to the proposed hotel. Believe me, we would rather see an upscale boutique hotel on the Bermuda Inn property as opposed to some of the other development proposals I have seen in the City. When a person decides to live on Salina Avenue it is with full awareness that they will have to co-exist with commercial activity both Salina and Atlantic Avenues. The fact that the hotel has a front entrance on South Ocean Boulevard will greatly reduce the impact that this development will have on Salina Avenue. Since it is inevitable that someday the Bermuda Inn property will be expanded and approved upon, I cannot think of a better alternative than the proposed boutique hotel project before you now." At this point, the City Clerk swore in the following individual: Thomas E. Lynch, member of the Palm Beach County School Board, stated in 1985 when Delray was going to be redeveloped, there were three things being looked at. One was to keep the oceanfront a great asset to Dekay. The second was to improve upon our main street from 1-95 to the ocean and the third was to make it a village-like atmosphere. Mr. Lynch stated Delray Beach has gone through a lot of changes but overall have always kept thc village- like atmosphere. Mr. Lynch stated he feels the reason this project has gone on for approximately ten months and gone through a lot of controversy is there has been a lot of different issues with it. For example, Mr. Lynch stated the issue of parking, the issue of restaurants and garbage have all been dealt with except for thc real issue which is the size of thc building. Mr. Lynch stated this is a massive building on a small lot and feels it is not compatible with the neighborhood. Mr. Lynch stated he docs not support this proposal and urged the Commission to vote against this project. At this point, the City Clerk swore in the following individual: Mark Mahone¥, 21 Grove Way, stated he agrees that character is the key and that is why he chose to live here. Mr. Mahoney stated that the applicant has every right to do what is appropriate from a commercial standpoint, but it has got to be within the character of the City. -13- 09/04/01 Dan Burns~ 1036 Bucida Road, stated he was informed that the individual paid too much money for the property and is trying to get too much into a small space. Mr. Bums reiterated that it is just too small of a piece of property and will only set a precedent for others. He urged the Commission to reconsider this proposal because he feels Delray is a great place to live the way it is now. Darren Panks, President of the New Monmouth Condominium Association, 36 South Ocean Boulevard, read a letter into the record from Mr. Dennis Lcmley, Chairman of the New Monmouth Condominium Association. Mr. Panks read the following statement: "After examining the plans for the proposed Vista Del Mar Hotel and calling upon all sixteen members of the condominium association with the exception of two who could not be reached, we concluded that the Vista Del Mar proposal is an excellent plan and conforms with the area." Mr. Panics stated he travels up and down Atlantic Avenue and has witnessed numerous businesses going in and out of Atlantic Avenue over the last twelve months. Mr. Panks stated the proposed hotel is a first class hotel and feels it will bring more prosperity to the City. Kevin Warner, 248 Venetian Drive and President of the Via Marina Homeowners' Association, stated the concept of view corridors is extremely important on the beach. Mr. Warner stated he hoped the Commission has placed as much importance upon the comments that he has heard tonight and that are contained in some letters that have been deeply involved in making Delray Beach the success that we are today. Mr. Warner stated it is very important to him to rely on the opinion of others and two of those individuals spoke this evening. Mr. Warner stated by the Commission turning down this project tonight will be another step in line with the comments that were heard at the Downtown Charrettc from the Visions 2010 policy statement about maintaining some of the special characteristics of Delray Beach which generate the charm and unique appeal that Delray currently has. Mr. Warner stated he feels the Commission is at a crossroad and echoed comments that have been made in opposition to this project. John Bennett~ 137 Seabreeze Avenue and representine the Beach Property. Owners' Association, stated when you are not physically in Delray Beach one predominantly thinks of Atlantic Avenue and thc beach. Mr. Bennett feels since this will affect the character of the beach area and stated the beach area above all is "The Village by the Sea". Mr. Bennett stated it docs not seem to fit in and urged the Commission to think of long term and the preservation as it is mentioned in the Comprehensive Plan of the view corridors for the benefit of the beach and future tourist development. The following individuals presented closing arguments: Mark Krall, Attorney with Listick & Krall, P.A. representine the applicant, stated when he first had the opportunity to review the written appeal filed by Mr. Weiner on behalf of Boston's, Mr. Krall noted how broad based the appeal was. Mr. Krall stated he has gotten the same impression from Mr. Weiner's presentation this evening. Mr. Krall stated the appeal as presented unjustly ignores all the progress that was made during the last three SPRAB meetings, which were quasi-judicial hearings, all subject to public comments and all under oath. -14- 09/04/01 At the last SPRAB meeting the sole representative of Boston's at the time acknowledged that he was in favor of the project but had concerns about two issues which he thought could be further addressed. Those two issues being the side setback requirements between the two CBD properties and Boston's ability to redevelop their property in the future. Mr. Krall stated he would like to address the last two issues raised by Boston's at the last SPRAB meeting. With regard to the side setback requirements, the Code provides that you can have a zero lot line side setback within the CBD zoning district. In fact, Mr. Krall stated the City's Comprehensive Plan calls for the elimination of side setbacks within the CBD. As it stands, the entire hotel structure of the existing Bermuda Inn is presently situated on its north property line and abuts the existing Boston's property line in its entirety. Mr. Krall stated from a pure setback standpoint, Boston's is clearly going to benefit from this change and is not being hurt by it. With regard to future development rights, the possibility has been raised that is sometime in the future if Boston's decides to increase the height of their structure, they will be blocking the ocean view of rooms of the north side of the new hotel property. The applicant has agreed with this because they can still market garden view rooms and there has always been a demand for garden view rooms in an oceanfront hotel. At the last SPRAB meeting Mr. Krall stated there was a suggestion by Boston's that a property agreement could be entered into between Boston's and the Bermuda Inn running with the land and preserving Boston's right to go up 48 feet provided. Mr. Krall stated it is important to recognize Eugenia Kerstin, owner of the existing Bermuda Inn located at 62 S. Ocean Boulevard. He stated Mrs. Kurstin is proposing to build something within her rights and according to Code, but is also willing to be a good neighbor to Boston's and even exceed the requirements of the Code so as to assure that Boston's can do something similar in the future. Mr. Krall stated that this project is in full compliance with the LDR's the waivers are appropriate and minimal and allowed under the Code. Mr. Krall stated is supported by a full detailed staff report, which were compiled over three quasi-judicial SPRAB meetings and three public heatings and the support of actual residents on Salina Avenue including neighboring condominium associations. Mr. Krall stated the project is in full compliance with regard to setback, height requirements, open space, room size, parking, concurrency and consistency, and it furthers the intent of the City's Comprehensive Plan which states a specific need for additional hotel rooms. In conclusion, Mr. Krall reiterated that Mrs. Kerstin is not asking for any special considerations but is only asking to do what she is permitted to do under the City's Code. In addition, she is willing to allow her neighbor to the north to create the same type of scenario should he choose to do so in the future. Michael Weiner~ Attorney representing a~mlicant~ stated a zero lot line should not be used for an ocean view. Mr. Weiner stated he acknowledged in his opening arguments that there are these competing things between urban edges and ocean views. Mr. Weiner stated he would like the Commission to make a decision now. Mr. Weiner stated the developer and the present owner have acknowledged that they are not going to challenge based upon the ocean views that they have now and that they fully realize that there may be a wall. In summary, Mr. Weiner encouraged the Commission to solve the drainage problems either by moving the wall back or by improving the drainage. Also, Mr. Weiner stated that the Commission will need to make a decision tonight that either there are going to be view corridors, or that it is alright to build the way they are building; and, Mr. Weiner stated even the City's regulations do not stop Boston's from building to its limits as well. -15- 09/04/01 Discussion by the Commission followed. Mr. Perlman stated that on page 12 of the Planning and Zoning Staff Report it talks about the concern about the four units on the property line and asked Mr. Currie why was something not done to midigate the concerns of staff?. In response, Mr. Curde stated these rooms are prime rooms and have gmat views. Mr. Currie explained the other issue is the LDR's in this urban corridor which encourages one to build to the property line. Mr. Levinson commented that this was a clearly identified concem of staff and the two alternatives that are recommended by staff do not seem to be dealt with. Mr. Dorling stated it was provided, as a recommendation because staff thought it would be a better situation if those rooms were eliminated. However, Mr. Dorling stated the Code does allow them to the zero lot line. Mr. Levinson stated if they were not going to do that, then staff recommended that they acknowledge the potential loss as the alternative to the loss of the 4 rooms. Mr. Dorling stated Mr. Currie did do this at the SPRAB meeting and tonight as well. Mr. Curde commented that it was also said in the alternative that they have to acknowledge that Mr. DonFrancisco can build this building. Mrs. Archer commented about the set back from the north property line. Mr. Currie stated it is 8 feet below grade back and it is 18-24 feet above grade. Mayor Schmidt asked what point on the hotel would one be hitting fi.om the property line? Mr. Currie stated the surface of the wall of the building is 18 feet, which is a blank solid wall. With regard to the water drainage problem at Boston's, Ms. McCarthy asked if the architect's feel they have taken care of this? In response, Mr. Aguila stated as part of the normal review process they are required to provide drainage calculations, percolation tests, the civil engineer design, and other information which staff reviews and comments on. Mr. Aguila stated it is the architect's responsibility to make sure that they provide something that is credible. Mr. Aguila stated there will be more permeable area on the developed property then currently exists today. Mayor Schmidt stated in looking at the concurrency findings, since the drainage is being directed almost exclusively to the rear of the property, documentation at the Salina Avenue drainage system has adequate capacity to handle the additional flow as required prior to obtaining a building permit. Mayor Schmidt asked if Mr. Aguila has been given that additional documentation to in fact is satisfied? Mr. Aguila stated it is satisfied under normal things that are required to get them through the site plan approval process. Mr. Aguila stated they have to present them with three revised sets of documents with all of these issues to their satisfaction and typically this would not of done that before this evening. Mrs. Archer expressed concern with the amount of water and where it is going particularly in a major storm. She does not feel the water problem has been adequately addressed. Mr. Currie stated the property is 187 feet by 100 feet and the amount of rain that falls on that whether or not the building is tall or short is going to be the same. Mr. Currie stated there -16- 09/04/01 is 8 feet of space (10 feet in the front and 10 feet in the back) that all can be drainage. Mr. Currie said if the Commissioners were to ask Mr. Sheremeta whether it was possible to drain the site properly, he feels that Mr. Sheremeta would say it indeed could be done. Ms. McCarthy commented about Mr. Aguila's presentation and asked for clarification about if they developed on the north side of the building, Mr. Aguila had commented that they would either have a solid wall or be pushed back a certain mount of feet to have windows. Mr. Aguila stated in addition to complying with the LDR's and the Comprehensive Plan, they have to comply with the building code. In the building code, Mr. Aguila stated there are building separations and distance separations. Depending on how close you are to the property line, the less restrictive they are on the type of construction on that wall. By virtue of the building code, he must comply with the outer wall separation. Mr. Aguila stated the only part that is closer than 20 feet that affect their type of wall is that 38 feet section on the northeast comer abutting Boston's. Ms. McCarthy asked if they would be able to mirror the balconies? Mr. Aguila stated that the balconies could indeed be mirrored to be 24 and 36 feet. Mr. Perlman stated he understands the need for hotel space in the City and realizes it has been an objective of the City for many years. Mr. Perlman stated the reason this has been going on for ten months is because there is a lot of problems associated with this particular project. He does not feel the site plan is compatible and harmonious to the adjacent properties. Mr. Perlman stated because of its massive footprint and because it negatively impacts future development rights of the appellant and others. Mr. Perlman stated it would hurt property values not to mention the village like atmosphere, which also impacts property values. In addition, this site plan does not meet the goals of the Comprehensive Plan A-1. Mr. Perlman stated this plan is not complimentary to adjacent land uses as outlined by the evidence provided by the appellants and expert witnesses. Mr. Perlman moved to uphold the appeal and deny the project, seconded by Mr. Levinson for discussion. Upon roll call the Commission voted as follows: Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - No. Said motion to uphold the appeal and deny the project passed with a 4 to 1 vote. After the vote, the following discussion followed: Mrs. Archer stated she believes this sets a new precedent for the City of Delray Beach. She is opposed to the mass along the beach and stated this is not our commercial corridor through the center of town. Mrs. Archer stated the Codes might need to be reexamined. With regard to the rising property values along the beach, Mrs. Archer stated she does not understand that in the commercial areas why the City would want to have a 48 foot wall along the beach. Mrs. Archer stated a 48-foot wall is not appropriate or compatible with the kind of development for the beach area. Mayor Schmidt expressed similar concerns expressed by Mr. Perlman and Mrs. Archer. He stated he spoke to a few of the design professionals at Treasure Coast Planning. Mayor Schmidt quoted LDR Section 4.4.13(F)(2) Open Space: "CBD may require that open -17- 09/04/01 areas, including but not limited to courtyards, plazas, and landscaped setbacks, be provided in order to add interest and provide relief from the building mass." With the compatibility and safety concerns for people checking into the hotel, Mayor Schmidt stated it was suggested as one alternative that it would be better to bring the lobby out to the front and make it more pedestrian friendly and have the entrance over to the south side. Mayor Schmidt stated he does not feel the building as proposed is compatible with the area. With regard to urban edge, Mayor Schmidt stated this is a different concept when you apply it to the beach area and there needs to be a different approach along the beach. Mayor Schmidt stated he could not support the project as proposed. Mr. Levinson asked if there is a way to codify this prohibition from utilizing these objections in the future for other development? In response, the City Attorney stated the Commission would need to review the City Codes and decide what kind of Codes the City should have. Mr. Levinson commented the one alternative recommended by staff is that the applicant not be permitted to utilize the same objections if Mr. DonFrancisco or someone else would develop those properties. The City Attorney stated there are no property rights to view. From a design standpoint, the City Attorney stated if someone is talking about view corridors that is a design. The City Attorney reiterated that there is no legal right to see the ocean water. At this point, the time being 8:20 p.m., the Commission moved to the duly advertised Public Hearings portion of the agenda. 10. PUBLIC HEARINGS: 10.A. RESOLUTION NO. 49-01 (TENTATIVE MILLAGE LEVY): A resolution tentatively levying a tax on all properties within the City of Delray Beach for operation and maintenance and for payment of principal and interest on bonded indebtedness for FY 2002. Prior to consideration of passage of this resolution, a public hearing has been scheduled to be held at this time. The City Manager presented Resolution No. 49-01: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, TO TENTATIVELY LEVY A TAX ON ALL PROPERTIES WITHIN THE CITY OF DELRAY BEACH, FLORIDA, FOR MAINTENANCE AND OPERATION, AND TO TENTATIVELY LEVY A TAX FOR THE PAYMENT OF PRINCIPAL AND INTEREST ON BONDED INDEBTEDNESS, AND TO ALLOCATE AND APPROPRIATE SAID COLLECTIONS THEREUNDER. (The official copy of Resolution No. 49-01 is on file in the City Clerk's office.) A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. -18- 09/04/01 Mayor Schmidt stated the millage rate is being set at 8.10 mills. Mayor Schmidt declared the public hearing open. Mark Mahone¥~ 21 Grove Way~ stated he is in favor of the services that residents receive in Delray Beach. However, he feels this millage is aggressive particularly considering the economic climate we are currently in. Mr. Mahoney stated if the Commission is not careful and prudent to how things are approached the City will end up with 100 percent zero. Mr. Mahoney stated the Commission has worked extremely hard to get the City to where it is and encouraged the Commission to be cautious and not push so fast. Lewis Rufino~ resident of Delra.y Beach~ stated in receipt of his proposed tax bill and stated he appears that the services and other fees have tripled. With regard to the Palm Beach County statistics, Mr. Rufino stated he does not see any significant increase in population, which he assumes is where the demand for these services is coming fi.om. Mr. Rufino commented about the increases in taxes to the proposed budget and asked for further explanation. Mayor Schmidt stated there are a number of taxing districts in addition to the City and depending on where you live in the County someone may have up to twenty-seven different taxing entities on their tax bill. Mr. Rufino stated in his particular instance, the City's line item has gone fi.om $900 to $2,700. Mr. Rufino commented that due to the fact that the population has not changed more than two percent according to the County's statistics, he asked what other costs have escalated? Mayor Schmidt stated the City Manager could answer specific questions that Mr. Rufino may have after the meeting. Rosetta Rolle~ 301 N.W. 3rd Avenue~ stated several years ago when the CRA was proposed and the City went ahead and did it, Mrs. Rolle asked if the City were not its own CRA would not the City then have some discretion to the money that is now the CRA's money and therefore not have to raise taxes on properties? In response, Mayor Schmidt stated most of the money goes to support the bonds and stated whether or not the City passes them or the City passes them, there is still the debt service that tax money goes towards paying. In addition, Mayor Schmidt stated the money must be spent within the CRA district even if the City were its own CRA. With regard to the sunset of the CRA, Mrs. Rolle stated if the City were its own CRA and since the Commission are elected officials would it not be more meaningful to the citizens of Delray Beach than someone who is appointed. Mrs. Rolle asked if a sunset date has been established for the CRA? In response, the City Attorney stated there is no sunset date currently established for the CRA because the bonds are not finalized. However, the City Attorney stated that it is not to say that the City could not take it over and dissolve the CRA. There being no one else fi.om the public who wished to address the Commission regarding this resolution, the public hearing was closed. -19- 09/04/01 Prior to the vote, with regard to the gentleman fi:om Lake Ida, Mr. Perlman commented that in essence the City has a "Save our Homes" which limits the increase of three percent or the CPI which ever is lower. Mr. Perlman stated it has taken $366 million out of the tax roll. Furthermore, Mr. Perlman stated this is a tentative millage levy and invited the public to come to the Budget Hearing on Thursday, September 6, 2001. Mr. Levinson moved to adopt Resolution No. 49-01 on, seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes. Said motion passed with a 5 to 0 vote. 10.B. RESOLUTION NO. 50-01 {TENTATIVE MILLAGE LEVY/DDA): A resolution tentatively levying a tax on all properties within the Downtown Development Authority Taxing District of the City of Delray Beach for FY 2002. Prior to consideration of passage of this resolution, a public hcahng has been scheduled to be held at this time. The City Manager presented Resolution No. 50-01: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, TO TENTATIVELY LEVY A TAX ON ALL PROPERTIES WITHIN THE DOWNTOWN DEVELOPMENT AUTHORITY TAXING DISTRICT OF THE CITY OF DELRAY BEACH, FLORIDA, FOR MAINTENANCE AND OPERATION, AND TO APPROPRIATE SAID COLLECTIONS THEREUNDER. (The official copy of Resolution No. 50-01 is on file in the City Clerk's office.) A public heating was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. Mayor Schmidt declared the public heating open. There being no one fi:om the public who wished to address the Commission regarding this resolution, the public hearing was closed. Mayor Schmidt announced that Resolution No. 50-01 sets the tentative millage levy for the Downtown Development Authority at one mill. Mr. Perlman moved to adopt Resolution No. 50-01, seconded by Mr. Levinson. Upon roll call the Commission voted as follows: Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Pedman - Yes. Said motion passed with a 5 to 0 vote. 10.C. RESOLUTION NO. 51-01 (TENTATIVE BUDGET ADOPTION FOR FY 2002): A resolution tentatively making appropriations of sums of money for all necessary expenditures of the City of Delray Beach for the period October 1, 2001 through September 30, 09/04/01 2002. Prior to consideration of passage of this resolution, a public heating has been scheduled to be held at this time. The City Manager presented Resolution No. 51-01: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, MAKING TENTATIVE APPROPRIATIONS OF SUMS OF MONEY FOR ALL NECESSARY EXPENDITURES OF THE CITY OF DELRAY BEACH FOR THE PERIOD FROM THE 1st DAY OF OCTOBER, 2001, TO THE 30TM DAY OF SEPTEMBER, 2002; TO PRESCRIBE THE TERMS, CONDITIONS AND PROVISIONS WITH RESPECT TO THE ITEMS OF APPROPRIATIONS AND THEIR PAYMENT; AND TO REPEAL ALL RESOLUTIONS WHOLLY IN CONFLICT WITH THIS RESOLUTION AND ALL RESOLUTIONS INCONSISTENT WITH THIS RESOLUTION TO THE EXTENT OF SUCH INCONSISTENCY. (The official copy of Resolution No. 51-01 is on file in the City Clerk's office.) A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. Mayor Schmidt declared the public heating open. There being no one who wished to address the Commission regarding this resolution, the public hearing was closed. The City Manager stated the total City budget is going up a little less than five percent. Mr. Perlman moved to adopt Resolution No. 51-01, seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes. Said motion passed with a 5 to 0 vote. 10.D. RESOLUTION NO. 52--01: A resolution authorizing the sale of City-owned property, a portion of Tract "A", Lakeview, abutting Lot 21, Block 4, Lakeview (Walkers property). The property is a vacant strip of land approximately 10 feet by 90 feet abutting Lakeview Golf Course. Prior to consideration of this resolution, a public hearing has been scheduled to be held at this time. The City Manager presented Resolution No. 52-01: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING THE CITY -21- 09/04/01 TO SELL TO BUYER CERTAIN REAL PROPERTY IN PALM BEACH COUNTY, FLORIDA, AS DESCRIBED HEREIN, HEREBY INCORPORATING AND ACCEPTING THE CONTRACT STATING THE TERMS AND CONDITIONS FOR THE SALE AND PURCHASE BETWEEN THE BUYER AND THE CITY OF DELRAY BEACH, FLORIDA. (The official copy of Resolution No. 52-01 is on file in the City Clerk's office.) The City Attorney read the caption of the resolution. A public heating was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. The City Attorney stated pursuant to this contract is a quit-claim deed due to an encroachment of the property owner's fence on the City's property. The property owners will pay the City $800 for the encroachment. Mayor Schmidt declared the public hearing open. There being no one who wished to address the Commission regarding this resolution, the public heating was closed. Ms. McCarthy moved to adopt Resolution No. 52-01, seconded by Mr. Levinson. Upon roll call the Commission voted as follows: Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes. Said motion passed with a 5 to 0 vote. 11~ COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS FROM THE PUBLIC-IMMEDIATELY FOLLOWING PUBLIC HEARINGS. ll.A. City Manaeer's response to prior public comments and inquiries. With regard to a previous inquiry about the decals for persons doing vegetative maintenance in public utility companies, the City Manager stated the decals have not yet been received. However, the City Manager stated the decals should be available in the next 2-3 weeks at which time staff will go through the process of notifying all the affected businesses and the City Manager stated the process is expected to be completed by the end of September. The City Manager stated there was an inquiry regarding the fact that a street was being closed for a special event but the information did not appear on the agenda. The City Manager explained that this was an oversight by the City Clerk's Office and in the future staff will insure that it is included in the agenda caption. With regard to fees charged for valet parking, the City Manager stated the City was unable to locate any neighboring communities providing flee valet parking. The City of West Palm Beach currently charges $5.00 per vehicle and provides 180 parking spaces to the valet company and the City's municipal lots. The City is trying to institute a program to provide -22- 09/04/01 valet parking to visitors at no charge by running the valet parking in-house. Base funding for the program would be achieved through a contribution from the Downtown Development Authority (DDA). The City Manager stated it is unlikely the amount that they would contribute would cover expenses. The City Manager stated considering the rise and cost of labor and associated expenses in the business today the increase from $2.00 to $5.00 over time seems reasonable and in line with current market rates for this type service in the South Florida region. The provision of valet parking is usually perceived as a benefit to the customer and not the restaurateur. There are a total of 19 spaces that are leased to various valet companies along Atlantic Avenue. The valet companies secure approximately 350 privately owned parking spaces and service in excess of 500 vehicles per day during season. The City Manager stated incorporating these vehicles into the current municipal parking pool would increase the current parking problems. With regard to comments expressed about how much of the City is tax exempt, the City Manager stated staff was unable to get figures on the acreage. However, the City Manager stated staff was able to get the percentage of the total valuation that is exempt from taxes which includes homestead, etc. The City Manager stated Delray Beach is 22.16 percent, West Palm Beach is 26.86 percent, Lake Worth is 32.69 percent, Boynton Beach is 22.51 percent, and Boca Raton 16.63 percent. ll.B. From the Public. ll.B.1. Kevin Warner, 248 Venetian Drive~ stated he had a wonderful time at the "Bed Race" and suggested that next year there be a Seniors Division. ll.B.2. Alice Finst~ 707 Place Tavanh stated she attended the Charter Revision Committee Meeting and commented that approximately 20 people made offers of suggestions to the Committee on ways that they felt could improve the Charter. Ms. Finst stated not one suggestion was taken and feels the Committee had already made up their minds before they had the hearing. She suggested that the Commission either read the newspaper article written in the Delray Times dated August 29th, or listen to the tape from the last Charter Revision Committee Meeting of August 23, 2001. Secondly, Ms. Finst stated she attended a Workshop Meeting of the Boca Raton City Commission and noted that they have a similar format as the City of Delray with regard to the agenda. She stated they have a Workshop on the items that are on the agenda, which they hear the very next evening. Ms. Finst made the Commission aware that the problems are similar in the communities and stated it was like d6j~ vu because the Commission was discussing shingles for their City buildings. Ms. Finst explained that the City of Boca Raton decided to use composition shingles and thought that it would last longer than wood shingles. Ms. Finst stated that the City of Boca Raton Lobbyist would survey all the legislators that represent them and see exactly where they stand on the Citrus Canker issue and then tell them what Boca says about it and encourage them to agree with the City of Boca's position on the Citrus Canker issue which is parallel to the City of Delray Beach's issue. They also sent word to their Lobbyist that he was to approach everyone from the Governor on down and tell them the feeling about Citrus Canker. Ms. Finst stated she is not sure if the City of Delray Beach is interested in following that pursuit 0~0~01 but feels it would be a good way of informing our Legislatures to let them know how we feel about this issue. Lastly, with regard to the Workshop Meeting at the City of Boca Raton, Ms. Finst stated the Commission talks a lot about the neighborhoods and discuss the things they have accomplished for the neighborhoods. Ms. Finst suggested that the City of Delray Beach take a similar position with regard to the neighborhoods. ll.B.3. Sarah Greele¥~ 109 Dixie Boulevard~ speaking as President of the Del-Ida Park Neighborhood Association, expressed concern over Mr. Burros letter and indicated that she would like to refute each one of his points because she feels his letter is filled with untruths and misunderstandings on his part. First, with regard to foot traffic on Lake Court, Ms. Greeley feels time is really past for redesigning the Seacrest/Del-Ida Plan. A group of dedicated citizens, and the CRA worked with City staff and the Commission passed the Plan in March 1998. She urged the Commission to move on. Secondly, Ms. Greeley discussed greenery on the swales and stated many of these small groups of property owners are not aware that the City owns the swales and perhaps were not made aware of this when they purchased their properties. Thirdly, Ms. Greeley stated both Seacrest and Del-Ida developed in conjunction with the CRA, City staff, and passed by the City Commission the Seacrest/DeMda Plan and emphasized that this was a group effort. The fourth point is that some City officials have claimed that the commtmity supports the project and Mr. Burros claims that is untrue. Ms. Greeley stated they have held meetings and workshops specifically addressing this issue and urged the Commission to build the sidewalks. ll.B.4. Sandy Jamison~ 515 N. Swinton Avenue~ stated there are two letters written by Mr. Hayden Burrus, which contain some threats. Mr. Jamison distributed copies of these letters written by Mr. Burros to the City Attorney and stated he does not need this foolishness. Mr. Jamison stated Mr. Bm'ms' hedges extend approximately fifteen feet in the City right-of-way and feels Mr. Burrus has been able to use this extra footage for his own benefit. Mr. Jamison stated he is receiving threatening telephone calls and does not feel he or any other citizen should have to put up with this behavior and innuendoes. Mr. Jamison stated he hopes the Seacrest/Del-Ida project is set in stone and encouraged the Commission to stand behind him. 9.Bo MODIFICATION TO LIEN REPAYMENT PERIOD/DAVID HARGROVE: Consider a request that the repayment period be extended from 12 months to 24 months for the David Hargrove lien in the amount of $3,301.02. Lula Butler, Director of Community Improvement, stated this is before the Commission for the third time and the customer is asking for more leniency to pay over a 24- month period as opposed to a 12-month period. Ms. Butler stated that Mr. Hargrove is willing to pay the debt. Mr. Levinson moved to approve the request that the repayment period be extended from 12 months to 24 months for the David Hargrove lien in the amount of $3,301.02, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes. Said -24- 09/04/01 motion passed with a 5 to 0 vote. 9.C. REQUEST TO WAIVE LIENS/CLIFFORD BELL: Consider a request to waive liens on a vacant lot located at NW 6th Avenue which through a tax sale. Thc liens currently total $4,167.31; the City's actual out-of-pocket costs are $1,322.36, which Mr. Bell is prepared to pay. Lula Butler, Director of Community Improvement, stated Mr. Bell purchased a vacant lot located at N.W. 6th Avenue through a tax certificate and was not aware that there could be other liens attached to the lot. At some point in time, Mr. Bell received notice that he owed a total amount of $4,167.31. Mr. Bell is willing to pay the City's actual out-of-pocket costs that total $1,322.36. However, Ms. Butler stated that Mr. Bell has indicated that it would be a financial hardship to pay the entire $4,167.31. Therefore, Mr. Bell is asking the Commission to waive the interest that has accrued on the nuisances that resulted from the liens and the administrative fees. Ms. Butler stated the City has done multiple abatements on this particular lot from 1989-2001 and since Mr. Bell has taken ownership, stated the City has not had to cite the property. Clifford Bell, owner of the vacant lot located on N.W. 6th Avenue, stated since he has owned the property he has tried his best to keep the property clean. Mr. Bell stated that he is planning to build a home on this lot in the near future. Mrs. Archer moved to approve a request to waive liens on a vacant lot located at N.W. 6th Avenue in the amount of $4,167.31; and, that Mr. Bell be responsible for the City's actual out-of-pocket costs totaling $1,322.36, seconded by Mr. Perlman. Upon roll call the Commission voted as follows: Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes. Said motion passed with a 5 to 0 vote. 9.D. REQUEST FOR IN-LIEU PARKING FEE/RENAISSANCE VILLAGE: Consider a request by Renaissance Village for the purchase of one (1) in-lieu parking space and the construction of three (3) on-street parking spaces. Renaissance Village is a twenty (20) unit townhouse development located in the Central Business District (CBD) at the southeast comer of NE 6th Avenue and NE 2nd Street (Martin Luther King Boulevard). Paul Dorling, Planning Director, stated Renaissance Village is a proposed 20-unit townhouse development located in the Central Business District (CBD) at the southeast comer of N.E. 6th Avenue and N.E. 2nd Street. The approved site plan provides 44 parking spaces. The applicant is seeking to purchase one in-lieu parking space in accordance with Section 4.6.9(E)(3)(b)(2) of the LDR's in the amount of $12,000. At their meeting of August 28, 2001, the Parking Management Advisory Board unanimously (9-0) recommended approval of the applicant's request. Mr. Perlman moved to approve a request by Renaissance Village for the purchase of one (1) in-lieu parking space and the construction of three (3) on-street parking spaces, -25- 0~0~01 seconded by Mr. Levinson. Upon roll call the Commission voted as follows: Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes. Said motion passed with a 5 to 0 vote. 9.E. REQUEST FOR IN-LIEU PARKING FEEfBOB'S FAMOUS BAR (fka POWERS LOUNGE): Consider a request by Bob's Famous Bar (fka Powers Lounge/Richwagon Cycle) for the purchase of two (2) in-lieu parking spaces. Bob's Famous Bar site is on the north side of Atlantic Avenue just west of the FEC Railroad. Paul Dorling, Planning Director, stated this is a site plan for Bob's Famous Bar which will be a two-story restaurant and a one-bedroom apartment at the former Powers Lounge/Richwagon Cycle site on Atlantic Avenue just west of the FEC Railroad. They will require 16 parking spaces. The site plan provides 14 parking spaces and a request has been submitted to purchase two in-lieu parking spaces in the amount of $24,000. At their meeting of August 28, 2001, the Parking Management Advisory Board voted unanimously (9-0) to recommend approval of the applicant's request. Mr. Perlman moved to approve the request by Bob's Famous Bar (f/k/a Powers Lounge/Richwagon Cycle) located on the north side of Atlantic Avenue west of the FEC Railroad, for the purchase of two (2) in-lieu parking, seconded by Mr. Levinson. Upon roll call the Commission voted as follows: Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes. Said motion passed with a 5 to 0 vote. 9oF. ITEM REMOVED 9.G. CANCELLATION OF CONTRACT (DRAVO LIME INC.)/AWARD OF CONTRACT (CHEMICAL LIME COMPANY): Consider cancellation of the contract with Dravo for palletized lime due to inferior quality of product and failure to meet minimum specifications; and award of contract to Chemical Lime Company, second lowest bidder, for the purchase of bulk lime at $107.56/ton. Funding is available from 441-5122-536-52.21 (Chemicals FY 2001-2002). Mrs. Archer moved to approve cancellation of the contract award to Dravo Lime, Inc., and award to Chemical Lime Company (second low bidder) for the purchase of bulk lime at $107.56/ton, seconded by Mr. Perlman. Upon roll call the Commission voted as follows: Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes. Said motion passed with a 5 to 0 vote. 9oI-I. REVISION TO CITY POLICY AND PROCEDURE/CITY' S INVESTMENT POLICY: Consider a revision to the City's policy and procedure with respect to the City's Investment Policy reflecting Florida State Law and updated recommendations made by the Government Finance Officers Association (GFOA). Joe Safford, Finance Director, stated this item is nothing more than administrative -26- 09/04/01 housekeeping. Mr. Safford stated that normally the administrative policies are not required to go before the Commission. However, Mr. Safford stated the national organization recommends that the City Commission must approve any revisions being made to City's Investment Policy. Mr. Peflman moved to approve a revision to the City's policy and procedure with respect to the City's Investment Policy reflecting Florida State Law and updated recommendations made by the Govemment Finance Officers Association (GFOA), seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes. Said motion passed with a 5 to 0 vote. 9.I. FY 2002 GOLF RATES/MUNICIPAL GOLF COURSE: Consider approval of the proposed FY 2002 golf rates for the Municipal Golf Course. Robert A. Barcinski, Assistant City Manager, stated this is a request for the Commission to consider approval of the maximum rates proposed for fiscal year 2001-02 for the Delray Beach Municipal Golf Course. Mr. Barcinski reiterated that these are maximum rates and leave some flexibility in coming down in offering special rates at different times during the day. Rate increase for prepaid fees average about 3.5 percent overall while other golf rate increases range from O-16.7% and are based on market conditions. Ms. McCarthy asked for clarification regarding the charity card fee. Mr. Barcinski stated there are various charities (i.e. lung association, heart association) where someone can buy a charity card during the summer for approximately $40. The prepaid charity card goes to the charity and they make agreements with the golf courses. Mr. Barcinski stated he understands there is a special rate and the card can be used at the private courses as well as public courses. Mr. Perlman moved to approve the proposed golf rates for the Delray Beach Municipal Golf Course for fiscal year 2001-02, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mr. Peflman - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes. Said motion passed with a 5 to 0 vote. 9.J. FY 2002 GOLF RATES/LAKEVIEW GOLF COURSE: Consider approval of the proposed FY 2002 golf rates for the Lakeview Golf Course. Robert A. Barcinski, Assistant City Manager, stated this is a request for the Commission to consider approval of the proposed golf course rates for the Lakeview Golf Course for fiscal year 2001-02. Mr. Barcinski stated the changes proposed for all fees range from a 33.33 percent decrease for ride with a play card from November to December to an increase of 13.3 percent for non-resident fees ride with a play card from December to April. Rate increases and decreases proposed are varied and are based on market conditions. Mayor Schmidt inquired about the 7:00 a.m. - 1:00 p.m. proposed reduction and commented that he feels this would be the busiest time. Mayor Schmidt asked staff if they have -27- 09/04/01 noticed a significant decrease in players during this time? Brahm Dubin, President of Dubin & Associates, stated Lakeview Golf Course is many leagues and most of the play in the morning is league plays unlike the Delray Beach Municipal Golf Club. Mr. Dubin stated Lakeview does not really offer much open play for residents. Mr. Dubin stated they want the market rates to actual increase business. Mr. Dubin reiterated that Lakeview is mainly league play in the mornings and emphasized that it is price sensitive. The City Manager asked how many rounds less has been played at Lakeview this year compared to last year? In response, Mr. Dubin stated last year Lakeview did 59,000 rounds, in 1999 Lakeview did 55,000 rounds and this year is approximately 55,000 rounds. Mr. Dubin stated Lakeview dropped 4,000 rounds this year due to the competition and due to the fact that it is extremely prices sensitive. Mrs. Archer moved to approve the proposed golf rates for the Lakeview Golf Course for fiscal year 2001~02, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes. Said motion passed with a 5 to 0 vote. 9.K. FY 2002 TENNIS RATES/TENNIS CENTER: Consider approval of the proposed FY 2002 tennis rates for the Tennis Center. Robert A. Barcinski, Assistant City Manager, stated this is a request for the Commission to consider approval of the proposed Tennis Center rates for fiscal year 2001-02. The proposed rate increase for court fees is from 0-11.1 percent. Mr. Barcinski stated the proposed rate increases for membership range from 0-5.9%. All rate increases proposed be based on market conditions and copies are provided with the agenda backup of the proposed rate changes and rate comparison with other facilities. Ms. McCarthy asked what the 11.1 percent increase is for? In response, Mr. Barcinski stated the 11.1 percent increase is the increase of Juniors from November 1st through April 30th which goes from $4.50 to $5.00 for court time. Mr. Levinson commented about the resident rates for memberships and stated the fees appear to be quite high. In addition, Mr. Levinson stated he recalls several people who debated this during the Tennis Task Team issue. Mr. Perlman moved to approve the proposed tennis rates for the Tennis Center memberships for fiscal year 2001-02, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes. Said motion passed with a 5 to 0 vote. 9.L. PROPOSAL FOR SETTLEMENT IN RAIL v. CITY OF DELRAY BEACIt~ et al: Consider a proposal for settlement in the case of James and Dawn Rail versus the City of -28- 09/04/01 Delray Beach for $85,000.00. Staff recommends denial. The City Attorney stated this is a case that occurred in 1997. There is a proposal of settlement in the amount of $ 85,000 and staff recommends denial of the settlement. Mr. Perlman moved to deny the Proposal for Settlement in the amount of $85,000, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes. Said motion to deny passed with a 5 to 0 vote. 0.M, APPOINTMENTS TO THE BOARD OF CONSTRUCTION APPEALS: Appoint four (4) regular members to the Board of Construction Appeals for two-year terms ending August 31, 2003. The appointments will be made by Commissioner McCarthy (Seat ~) Architect; Mayor Schmidt (Seat #5) General Contractor; Commissioner Perlman (Seat #1) Master Plumber; and Commissioner Archer (Seat #2) Sign Contractor. Ms. McCarthy moved to appoint John Baccari (architect) as a regular member to the Board of Construction Appeals for a two-year term ending August 31, 2003. Upon roll call the Commission voted as follows: Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes. Said motion passed with a 5 to 0 vote. Mayor Schmidt moved to appoint Ron Brito (General Contractor) as a regular member to the Board of Construction Appeals for two-year terms ending August 31, 2003, seconded by Mr. Perlman. Upon roll call the Commission voted as follows: Mr. Perlman - Yes; Mrs. Archer - No; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes. Said motion passed with a 4 to 1 vote. Mr. Perlman moved to appoint Sal Pala (Master Plumber) as a regular member to the Board of Construction Appeals for a two-year term ending August 31, 2003, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman- Yes. Said motion passed with a 5 to 0 vote. Mrs. Archer moved to reappoint Claudio Camilucci (incumbent) as a regular member to the Board of Construction Appeals for a two-year term ending August 31, 2003, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes. Said motion passed with a 5 to 0 vote. 12. FIRST READINGS: 12.A. ORDINANCE NO. 45-01: An ordinance amending Ordinance No. 1-98, which comprises Waterford Place SAD (Special Activities District), to eliminate the condition of approval requiring a certificate of occupancy for the hotel to be issued prior to the issuance of a certificate of occupancy for the final multi-family building, located on the south side of Linton -29- 09/04/01 Boulevard between Interstate-95 and Lindell Boulevard. If passed, a public hearing will be scheduled for September 19, 2001. The City Manager presented Ordinance No. 45-01: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING ORDINANCE NO. 1-98 WHICH COMPRISES THE SAD (SPECIAL ACTIVITIES DISTRICT) ZONING ORDINANCE AND CONDITIONS FOR FURTHER DEVELOPMENT FOR WATERFORD PLACE, GENERALLY LOCATED ON THE SOUTH SIDE OF LINTON BOULEVARD, BETWEEN INTERSTATE-95 AND LINDELL BOULEVARD, BY AMENDING SECTION 1, BY REPEALING PARAGRAPH 20, TO ELIMINATE THE CONDITION OF APPROVAL REQUIRING A CERTIFICATE OF OCCUPANCY FOR THE HOTEL TO BE ISSUED PRIOR TO THE ISSUANCE OF A CERTIFICATE OF OCCUPANCY FOR THE FINAL APARTMENT COMPLEX BUILDING; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 45-01 is on file in the City Clerk's office.) The City Attorney read the caption of the ordinance. Paul Dorling, Planning Director, stated in May 1996, the SAD/DRI-DO for the Waterford Place was modified to replace the approved 322,413 square feet of office space with 300 residential units and a seventy-eight (78) room hotel. Mr. Dorling stated during deliberations associated with the change, City Commissioner's were concerned that the hotel room component be constructed to address a shortage of hotel rooms in the City. Therefore, Mr. Dorling stated a condition of approval was placed on the modification that required the hotel component to be constructed prior to the issuance of a final Certificate of Occupancy for the multi-family component. The applicant is now seeking removal of that condition based upon a change in conditions or circumstances. Mr. Dorling stated the shortage of hotel rooms is being satisfied with the newly approved and proposed hotel rooms in the Spanish River Resort west of the Marriott. At its meeting of August 20, 2001, the Planning and Zoning Board held a public hearing in conjunction with review of the request. The Board voted (7-0) to recommend that the condition of approval be removed, 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. -30- 09/04/01 Mr. Levinson moved to approve Ordinance No. 45-01 on FIRST Reading, seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Peflman - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes. Said motion passed with a 5 to 0 vote. 12.B. ORDINANCE NO. 46-01: An ordinance amending Chapter 52, "Water" of the Code of Ordinances by amending Section 52.34, "Water Rates", to provide for increased residential, nonresidential and irrigation rates for FY 2002. If passed, a public hearing will be scheduled for September 19, 2001. The City Manager presented Ordinance No. 46-01: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 52, "WATER", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, BY AMENDING SECTION 52.34, "WATER RATES", SUBSECTION 52.34(B), TO PROVIDE FOR INCREASED RESIDENTIAL, NONRESIDENTIAL AND IRRIGATION RATES FOR FY 2002; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 46-01 is on file in the City Clerk's office.) The City Attorney read the caption of the ordinance. The City Manager stated staff previously discussed with the Commission a six percent for the capacity charge and the commodity charge which is the per thousand gallon charge. However, the City Manager stated because of the savings the City achieved by implementing the touch-read system, the meter reading charge is being reduced from $1.61 to $1.40 inside the City. The actual increase will be a little less than six percent and for the small user the percentage is the least. Mr. Levinson stated at some point we might want to round up a little bit in order to build some reserves for things that are forthcoming. For general information, Ms. McCarthy requested that staff provide a list of the percentage of people in the City who use less than 6,000 gallons of water. Joe Safford, Finance Director, stated staff would get the information for the Commission. Mr. Levinson moved to approve Ordinance No. 46-01 on FIRST Reading, seconded by Mr. Perlman. Upon roll call the Commission voted as follows: Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes. Said motion passed with a 5 to 0 vote. -31- 09/04/01 12.C. ORDINANCE NO. 47-01: An ordinance amending Chapter 53, "Sanitary Sewers", of the Code of Ordinances by amending Section 53.130, "User Charges; Wholesale Sewer Rates; Calculation of Sewer Surcharge", to provide for increased residential and nonresidential/commercial rates for FY 2002. If passed a public heating will be scheduled for September 19, 2001. The City Manager presented Ordinance No. 47-01: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 53, "SANITARY SEWERS", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, BY AMENDING SECTION 53.130, "USER CHARGES; WHOLESALE SEWER RATES; CALCULATION OF SEWER SURCHARGE", SUBSECTION 53.130(D), TO PROVIDE FOR INCREASED RESIDENTIAL AND NONRESIDENTIAL/COMMERCIAL RATES FOR FY 2002; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 47-01 is on file in the City Clerk's office.) The City Attorney read the caption of the ordinance. The City Manager stated the present rate structure divides evenly the cost of reading the meters between water and sewer. Because of the savings that have been achieved, the City Manager stated the charge is being eliminated for reading meters from the sewer rate. The City Manager explained stated the $1.61 inside City customer charge is being taken out completely making it zero. The net result of that is that a person using 12,000 gallons or more per month of water will see rate increase of one half of one percent. The City Manager stated if someone were using less than 12,000 gallons the sewer rate would actually decrease slightly. Mr. Perlman moved to approve Ordinance No. 47-01 on FIRST Reading, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes. Said motion passed with a 5 to 0 vote. 12.D. ORDINANCE NO. 48-01: An ordinance amending Chapter 51, "Garbage and Trash", of the Code of Ordinances by amending Section 51.70, "Regular Charges Levied", to provide for contracted garbage, trash, recycling, vegetation and bulk waste collection service rates for FY 2002. If passed a public hearing will be scheduled for September 19, 2001. The City Manager presented Ordinance No. 48-01: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY -32- 09/04/01 OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 51, "GARBAGE AND TRASH", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, BY AMENDING SECTION 51.70, "REGULAR CHARGES LEVIED", TO PROVIDE FOR INCREASED RESIDENTIAL AND COMMERCIAL COLLECTION SERVICE RATES FOR FY 2002; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 48-01 is on file in the City Clerk's office.) The City Attorney read the caption of the ordinance. The City Manager stated the City's garbage service was rebid and the bid came in lower than what the City is currently paying. Therefore, the City Manager stated a single family resident would see a rate reduction from 5-8 percent. The City Manager stated there are also reductions in commercial. Joe Safford, Finance Director, stated the carrier previously billed multi-family and they were billed on a container charge basis. Mr. Safford stated the City is now charging per unit basis and the City will be taking over the billing. Mr. Safford stated the City is taking over the billing in an effort to develop more intemal control and to make sure the City is getting the appropriate fees back to the City. Mr. Safford stated multi-family should see a reduction in the overall cost that is billed that organization. Mr. Perlman moved to approve Ordinance No. 48-01 on FIRST Reading, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes. Said motion passed with a 5 to 0 vote. 12.E. ORDINANCE NO. 49-01: An ordinance amending Chapter 96, "Fire Safety and Emergency Services", Section 96.66, "Emergency Medical Transportation Fees", of the Code of Ordinances to adjust the fee schedule for emergency medical transportation in accordance with the National American Fee Schedule. If passed, a public heating will be scheduled for September 19, 2001. The City Manager presented Ordinance No. 49-01: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 96, "FIRE SAFETY AND EMERGENCY SERVICES", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, BY AMENDING SECTION 96.66, "EMERGENCY MEDICAL TRANSPORTATION FEES", SUBSECTION 96.66(A), TO ADJUST THE FEE SCHEDULE FOR EMERGENCY MEDICAL -33- 09/04/01 TRANSPORTATION IN ACCORDANCE WITH THE NATIONAL AMERICAN FEE SCHEDULE; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 49-01 is on file in the City Clerk's office.) The City Attorney read the caption of the ordinance. Mrs. Archer moved to approve Ordinance No. 49-01 on FIRST Reading, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes. Said motion passed with a 5 to 0 vote. 12.F. ORDINANCE 50-01: An ordinance repealing Chapters 57 and 58 of the Code of Ordinances, and creating a new Chapter 57 entitled "Right-of-Way Application Process for Communications Facilities"; amending Chapter 50, "Utilities Generally; Public Service Tax", by deleting all references to Telecommunications Facilities; amending Chapter 93, "Cable Television" by removing the requirement to pay Franchise Fees to the City; providing for reservation of rights and remedies. If passed, a public hearing will be scheduled for September 19, 2001. The City Manager presented Ordinance No. 50-01: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, RELATING TO COMMUNICATIONS FACILITIES IN PUBLIC RIGHTS-OF- WAY BY REPEALING CHAPTERS 57 AND 58 AND CREATING A NEW CHAPTER ENTITLED "RIGHT-OF-WAY APPLICATION PROCESS FOR COMMUNICATIONS FACILITIES"; AMENDING CHAPTER 50, "UTILITIES GENERALLY; PUBLIC SERVICE TAX" BY DELETING ALL REFERENCES TO TELECOMMUNICATIONS FACILITIES; AMENDING CHAPTER 93, "CABLE TELEVISION" BY REMOVING THE REQUIREMENT TO PAY FRANCHISE FEES TO THE CITY; PROVIDING FOR RESERVATION OF RIGHTS AND REMEDIES; PROVIDING FOR SEVER_ABILITY; PROVIDING AN EFFECTIVE DATE. (The official copy of Ordinance No. 50-01 is on file in the City Clerk's office.) The City Attorney read the caption of the ordinance. Mr. Levinson moved to approve Ordinance No. 50-01 on FIRST Reading, seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Ms. McCarthy - -34- 09/04/01 Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes. Said motion passed with a 5 to 0 vote. 13. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS. 13.A. City Manager. With regard to a concern expressed about the timely delivery of materials for the Historic Preservation Board, the City Manager stated there has been a significant increase in development activity in the associated staff report going to that Board. The City Manager stated this has coincided with the hiring of a new planner along with the associated learning curve. The City Manager stated that there are steps to assure a more timely delivery of the agenda materials. With respect to whether this is a function of Board's meetings are occurring too close together, the City Manager stated the Planning and Zoning Department in most weeks is responding to multiple meeting deadlines. The City Manager stated given the time of some meeting dates, some weeks are worse than other weeks. The City Manager stated the Historic Preservation Board (HPB) meets every first and third Wednesday. The Site Plan Review and Appearance Board (SPRAB) meets every other Wednesday; the Planning and Zoning Board meets every third Monday; the Parking Management Board meets every fourth Tuesday; and, the City Commission meets every first and third Tuesday. The City Manager stated agenda materials for all Boards are distributed the Thursday or Friday before each meeting. Therefore, with a minimum of eight agenda packets going out each month, the department cannot avoid having conflicts between meetings. The City Manager explained that some Boards meet on a certain day each month and another meeting every two weeks, and as a result there are weeks where all the meetings coincide. With regard to the noticing applicants of multiple Advisory Board meetings, the City Manager stated staff has begun to notify applicants of meeting dates, applications, efficiency letters, as well as follow-up calls during the review process. The City Manager stated he feels staffhas taken the necessary steps to adequately deal with the issue. Per the City Commission's request, the City Manager stated the City has set up a meeting with the Legislative Delegation. The City Manager stated the City has received three positive responses from three members (Representative Andrews, Representative Gannon and Representative Machek) of the Delegation who will be present on September 19, 2001. 13.B. City. Attorney. The City Attorney had no comments or inquiries on non-agenda items. 13.C. 13.C.1. Ci~. Commission. Commissioner Archer -35- 09/04/01 Mrs. Archer stated she had the opportunity to attend the Palm Beach County Intergovernmental Coordination Meeting this past week and there were three things of merit. One, Mrs. Archer explained they passed a recommendation to endorse Legislation in the form of a resolution from the League of Cities for a bio solid facility by the Solid Waste Authority. Mrs. Archer stated this is definitely moving forward but is just a question of when everyone agrees to get it through the Legislation. Mrs. Archer stated the second item was a request from the South Florida Water Management District for municipalities to pass a resolution in support of the Acquifer Storage Recovery Pilot Program. Mrs. Archer explained that this is in association with the Comprehensive Everglades Restoration Plan where they inject water into the Acquifer. She distributed a copy of the resolution to the City Manager regarding what the South Florida Water Management District recommends. Mrs. Archer stated the third item is a request for municipal assistance to identify areas of the City that present concerns for 911 calls because of differences in street numbering and similar street names. For example, Mrs. Archer stated in West Palm Beach there is a street that goes from 2300 to 1700 to 2800 because of acquisitions. In addition, Mrs. Archer stated Okeechobee Boulevard the houses are not numbered consecutively from one side to another. Mrs. Archer stated a major problem has been identified with cell phone 911 calls because people have no idea where they are and they cannot give directions. They have asked the City to look over various items that they have identified and let them know if we have priorities or if staff feels it is an issue or not. The City Manager stated there are some people who are interested in trying to establish a Countywide numbering system. However, the City Manager feels this would not work well here because it would cause a tremendous amount of disruption to implement the system. The City Manager stated he is not aware of any problems but he will look into this matter. 13.C.2. Commissioner Perlman In the interest of trying to get the word out regarding the final Downtown Charrette Meeting, Mr. Perlman stated he would be speaking to the Council of 100 next Wednesday regarding the plan in an effort to try and get some interest in the business community. The meeting will be held on Monday, September 10, 2001 in the Ocean Breeze Room at Old School Square. With regard to the Bed Race, Mr. Perlman concurs with Mr. Wamer's comments and feels it was an enjoyable event. Mr. Perlman stated he was very surprised at the size of the crowd who attended the "Bed Race" and stated he heard a lot of comments about how nice Pineapple Grove Way (2nd Avenue) looks. He stated many people have not seen this area since the improvements and reiterated that there were many positive comments. -36- 09/04/01 Lastly, Mr. Perlman announced that Gerald Filippi who was the President of High Point Association and who had been active in PROD passed away at the age of 93. Mr. Perlman stated he moved from Delray Beach to Vero Beach and stated the services will be held at St. Vincent Ferrer Catholic Church. Mr. Perlman stated he would like to acknowledge that Gerald Filippi was a very good person. 13.C.3. Commissioner McCarthy Ms. McCarthy stated she also attended the Bed Race on Friday, August 31st and noted that the event was a lively time. Ms. McCarthy stated she wanted to share with the rest of the Commission that when she was at the Florida League of Cities Meeting the City Attomey sat on one of the panels. Ms. McCarthy stated the City Attomey did a great job representing the Commission and was well prepared. Ms. McCarthy stated the City Attorney gave a very impressive presentation and thanked her for a job well done. 13.C.4. Commissioner Levinson Mr. Levinson asked how the Commission is going to set the Legislative priorities? Mr. Levinson stated he understands that the Legislative Delegation will be here on September 19th. He suggested that maybe next week the Commission could boil the priority list down to a manageable number. The City Manager advised the City Clerk to add this to the Workshop Agenda of September 11, 2001. 13.C.5. Mayor Schmidt Mayor Schmidt stated the Commission should have copies of the Resolutions that were passed at the Florida League of Cities Convention. There being no further business, Mayor Schmidt declared the meeting adjourned at 9:45 p.m. City Clerk -37- 09/04/01 ATTEST: MAYOR The undersigned is the City Clerk of the City of Delray Beach, Florida, and the information provided herein is the minutes of the Regular City Commission Meeting held on September 4, 2001, which minutes were formally approved and adopted by the City Commission on City Clerk NOTE TO READER: If the minutes you have received are not completed as indicated above, this means they are not the official minutes of the City Commission. They will become the official minutes only after review and approval, which may involve some amendments, additions or deletions. -38- 09/04/01 WHEREAS, October 2001 is National Breast Cancer Awareness Month; and WHEREAS, October 19, 2001 is National Mammography Day; and WHEREAS, an estimated 192,200 new cases of female breast cancer will be diagnosed in 2001, and 40,200 women will die from the disease; and WHEREAS, an estimated 1,500 new cases of male breast cancer will be diagnosed in 2001, and 400 men will die from the disease; and WHEREAS, significantly cancer; and early detection and prompt treatment can reduce suffering and deaths caused by breast WHEREAS, mammography, an ~x-ra~' of the breast, is recognized as the single most effective method of detecting breast changes that may be cancer long before physical symptoms can be seen or felt. NOW, THEREFORE, I, DAVID W. SCHMIDT, Mayor of the City of Delray Beach, Florida, on behalf of the City Commission, do hereby proclaim the month of October 2001 as BREAST CANCER AWARENESS MONTH and October 19, 2001 as NAN~OGRA~ DAY in the City of Delray Beach, and urge everyone to become aware of their risk of breast cancer, talk to their health care providers about breast cancer, and get screened for the disease. I further encourage all residents to become involved in the war against breast cancer. 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 19~h day of September, 2001. DAVID W. SCHMIDT MAYOR Sample Proclamation for National Breast Cancer Awareness Month 2001 WHEREAS, October 2001 is National Breast Cancer Awareness Month; and · WHEREAS, October 19, 2001 is National Mammography Day; and WHEREAS, an estimated 192,200 new cases of female breast cancer will be diagnosed in 2001 and 40,200 will die from the disease; and WHEREAS, an estimated 1,500 new cases of male breast cancer will be diagnosed in 2001 and 400 will die of the disease; and WHEREAS, early detection and prompt treatment can significantly reduce suffering and deaths caused by this disease; and WHEREAS, mammography, an "x-ray" of the breast, is recognized as the single most effective method of detecting breast changes that may be cancer long before physical symptoms can be seen or felt; NOW, THEREFORE, I , Mayor of the City of do hereby proclaim the month of October 2001 as NATIONAL BREAST CANCER AWARENESS MONTH and October 19 as NATIONAL MAMMOGRAPHY DAY in the City of , Mayor DATED THIS DAY OF 2001 (Please mail a duplicate of your proclamation to the Director of Health Programs, U.S. Conference of Mayors, 1620 Eye St., NW, 3rd floor, Washington, DC 20006. It will be part of a Conference of Mayors National Breast Cancer Awareness Month 2001 display.) (7/26/01) WHEREAS, Head Start as dedicated to enhancmg the lives of economically challenged children and bufld,ng upon the past, whtle preparing for the future by calhng attenlaon to the need for quality child care for young chxldren w~thm our community whose parents must work outside the home; and ~THEREAS, the quality of setmces is primarily determined by the indtmdual teachers and caregivers who perform flus valuable work, they can enhance cluldren's sooal competence, acadermc success and life prospects, and more of our clxt/dren are entering the Kindergarten classroom ready to learn, and WHEREAS, Head Start programs in Palm Beach County service over 1,800 econonucally challenged cluldren and families annually by expending the school day, school year, and cumcular programs, while continuing m the pursmt of acadenuc excellence; and WHEREAS, the Head Start commumty is committed to high quahty child care setmces and helps to provide the baszs for a good beginning for chflclren's sound growth and development. NOW, THEREFORE, I, David W. Schrmdt, Mayor of the C~ty of Delray Beach, Florida, on behalf of the Cxty Commissmn, do hereby pro .ckgm October 2001 a HEAD START AWARENESS MONTH in Delray Beach and urge all residents to recogmze the valuable contdbmaons g~ven to our cluldren by early chtldhood teachers and caregavers and to actively support making more and better child care avadable vnthin our commumty. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Offioal Seal of the C~ty of Del.ray Beach, Florida, to be affixed flus 19~ day of September, 2001. David W. Schmldt Mayor WHERF_,AS, the Nattonal League of Cxties is committed to promoung racial equality and lusttce as a fundamental aspect of a healthy community; and WHEREAS, the National League of Cities has urged local officials across the country to together in a nanonal campaxgn to promote racaal equality and lustice; and tgrHEREAS, by resolulaon of the Nauonal League of Canes, we declare racism unJUSt and advocate equal rights to all; and WHEREAS, by Act of Congress of the Umted States dated July 2, 1964, the Civil Rights Act of 1964 was adopted banning discrimmauon because of a person's color, race, national origin, rehgmn, or sex; and WHEREAS, by Act of Congress of the Umted States dated December 6, 1865, the 13' Amendment of the Constatunon of the Umted States was adopted abohshmg slavery; and WHEREAS, by Act of Congress of the Umted States dated July 9, 1868, the 14' Amendment of the Consutunon of the Umted States gnnng all persons bom or naturalized m the Umted States the right to due process and equal protecnon under the law; and WHEREAS, Nauonal League of Citaes President Denms W. Archer, Mayor of Detroit, Mtcbagan, has invited local officmls across the country to renew their commitment to ensuring racial equahty and lumce for all begmmng on September 19, 2001, by reporting on successful programs and announcing spectfic aclaon plans for the coming year NOW, THEREFORE, I, David W. Schrmdt, Mayor of the City of Delray Beach, Honda, 'on behalf of the City Comtmsslon, do hereby proclaim September 19, 2001 as RACE EQUALITY DAY in Delray Beach and urge all resadents to iota together to support th~s effort, to reaffirm our comrmtment of ensuring racml equahty and justice m our city, and to working w~th the National League of Crees to sustain this commitment throughout the country. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Official Seal of the City of Dekay Beach, Florida, to be affixed fiats 19' day of September, 2001. David W. Schmidt Mayor (Sample Proclamation/Resolution) Cities Promoting Racial Equality Race Equality Day - September t9, 2001 WHEREAS, the National League of Cities is committed to promoting racial equality and justice as a fundamental aspect of a healthy community; and WHEREAS, the National League of Cities has urged local officials across the country to join together in a national campaign to promote racial equality and justice; and WHEREAS, by resolution of the National League of Cities, we declare racism unjust and advocate equal rights for all; and WHEREAS, by Act of Congress of the United States dated July 2, 1964, the Civil Rights Act of 1964 was adopted banning discrimination because of a person's color, race, national origin, religion, or sex; and WHEREAS, by Act of Congress of the United States dated December 6, 1865, the 13th Amendment of the Constitution of the United States was adopted abolishing slavery; and WHEREAS, by Act of Congress of the United States dated July 9, 1868, the 14th Amendment of the Constitution of the United States giving all persons born or naturalized in the United States the right to due process and equal protection under the law; and WHEREAS, National League of Cities President Dennis W. Archer, mayor of Detroit, Michigan, has invited local officials across the country to renew their commitment to ensuring racial equality and justice for all beginning on September 19, 2001, by reporting on successful programs and announcing specific action plans for the coming year. NOW, THEREFORE, BE IT RESOLVED that the mayor and city council of (your city here) hereby declare September 19, 2001 as Race Equality Day in the City of (your city) and urge all citizens of (your city) to join together to support this effort; BE IT FURTHER RESOLVED that the mayor and city council of (your city here) reaffirm our commitment to ensuring racial equality and justice in our city and to working with the National League of Cities to sustain this commitment throughout the country; and BE IT FURTHER RESOLVED that the mayor and city council of (your city here) pledge to (describe specific plans for your city here) during the coming year. Signed this (date) (Your Name and City) Memo Tm City Commission From: City Manager CC: Date: 09/17/01 Re: Legislative Issues of 2002 The following list is a compilation of issues identified by the Commission and City Staff as legislative issues for the upcoming session of the legislature. The Commission will have the opportunity to discuss this list with members of the delegation who will attend our Commission meeting on Wednesday, September 19. 1. Rewrite of the Community Redevelopment Act (Part III of Chapter 163, F.S.) a) Local discretion should be allowed in the length of terms for appointed CRA members. b) Ensure that city CRA's continue to receive the TIF from the County as well as the City. 2. Boca Raton Airport Considering the impact of aircraft noise on residents of Delray Beach, a representative of Delray Beach should be added to the Boca Raton Airport Authority. 3. Billboard Legislation The state should not preempt the City's dght to require removal of billboards as a condition of a development order, or to amortize billboards not in conformance with the City's zoning code. 4. Cdminal Justice/Juvenile Justice a) Support legislation to allow photographic enforcement of red light running in Palm Beach County. b) Support a grant of $600,000 to assist in acquiring and remodeling facilities for Youth Enrichment Vocational Center. The model for our program, the Youth Automotive Training Center in Hollywood, is well proven as affective in tuming at risk youth from a cdminal career to being contributing members of society. · Page I 5. Art in Public Places Support funding Pineapple Grove Main Street's application for a $25,000 Cultural Programs Grant to help construct the Pineapple Grove Art Walk. 6. Parks and Recreation Support funding for the City's Florida Recreation Development Assistance Program applications as follows: (1) $107,250 for tennis courts at the Catherine Strong Center in cooperation with the USTA on their "First Serve" initiative for inner city tennis. (2) $50,000 for playground equipment at Barwick Park. 7. Library Expansion a) Support funding of the Delray Beach Library Public Library Construction Grant for $500,000. b) As the State Aid to Libraries program is reviewed this year, pursuant to CS/HB 337, ensure that libraries such as Delray Beach's remain eligible to receive state aid for operating purposes. 8. Senior Citizens State funding of $500,000 is requested to construct a facility that would serve as a center for govemment and non-profit agencies providing services to our growing senior citizen population. 9. Water Supply a) Within the next two years the City expects to spend at least $4,200,000 in modifying our water treatment process in order to comply with new, mandatory drinking water quality standards. State assistance is requested to comply with this unfunded mandate. b) The South Central Regional Wastewater Treatment and Disposal Board facility currently reclaims only about 25% of its effluent to use for irrigation. An additional 12 MGD could be reclaimed instead of being discharged to the ocean, where it may contribute to algae on our reefs, but we need help with the cost. Using more treated sewage effluent for irrigation will reduce use of surface waters and water from the surficial acquifer for such purposes. The South Florida Water Management District formerly gave grants for this purpose, but these funds have now been diverted to pay the District's share of the Everglades Restoration. Additional treatment and distribution facilities would cost $12-18 million. State assistance is requested in the amount of $3,000,000. 10. Sludge Pelletization Facility Support funding for the state share, $1,875,000, of the proposed regional sludge pelletization facility to be operated by the Palm Beach County Solid Waste Authority to serve Palm Beach, Martin and St. Lucie Counties and their municipalities. This $12,500,000 facility will reduce by 4,100 tons annually land application of phosphorus in the Everglades, Lake Okeechobee, and Indian River Lagoon watersheds. We are also seeking $6,000,000 from the federal govemment, $1,125,000 from the South Flodda Water Management District and $3,500,000 from the participating utilities. ®P~e2 11. Regional Fire and Police Training Facility The Fire Rescue Subcommittee of the Palm Beach County Intergovemmental Coordination Program has determined there is a need for a regional fire/law enforcement training facility in Palm Beach County, especially since the responsibility for such training has been shifted to the Community College. The cost of acquiring land and constructing such a facility is estimated at $20,000,000, with another $5,000,000 required for equipment. Support is requested for funding in the budget for Palm Beach Community College to acquire a site begin more detailed planning for this badly needed central facility for regional fire and police training. · Page 3 · 0911412001 11:49 §613645210 MURRAY PORT PAGE .INl~t4t'?randfaxtransmRtnlmj~n?.7671 J#"~l~" ~' / [ITY OF DELRrI¥ BErlCH CITY ATTORNEY'S OFFICE 200 NW 1st AVENUE · DELRAY BEACH, FLORIDA 33444 TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755 Writer's Dtrect L~ne: 561/243-7091 1993 DATE: September 6, 2001 TO: FROM: City Commission David Harden, City M~_..~_.g_er Brian Shutt, Assistant City Attorney SUBJECT: Release of Water Service Agreement for 1710 - 1800 N. Federal Highway The City has been asked to release a water service agreement that was entered into in 1979 in order to "clean up" title to the premises located at 1710-1800 N. Federal Highway (Arrow Trailer Park). See attached letter from Louis Carbone. The property has been annexed into the City and is connected to City water and sewer. Our office requests that this item be placed on the September 19, 2001 City Commission agenda for approval. Please call if you have any questions. Attachment cc: Barbara Garito, City Clerk Prepared by' RETURN: R. Brian Shunt, Esq. City Attorney's Office 200 N.W 1st Avenue Defray Beach, Florida 3344,~ RELEASE AND/OR CANCELLATION OF WATER SERVICE AGREEMENT DATED AUGUST 20, 1979 TI-HS RELEASE AND/OR CANCELLATION, executed this __ day of , 200_ by CITY OF DELRAY BEACH, a Florida municipal corporation, and having its principal place of business at 100 N.W. 1st Avenue, Defray Beach, Florida 33444. On August 20, 1979 an agreement for water service was executed between the City of Defray Beach and the owners of the property described in Exhibit "A". The property has since been annexed into the City and the City is providing water service to the property. Therefore, the Water Service Agreement dated August 20, 1979, ORB 3136 page 0049 of the public records of Palm Beach County, is hereby released and/or cancelled by the City as all of the provisions/requirements of such agreement have been fulfilled. IN WITNESS WHEREOF the City of Delray Beach has caused these presents to be executed in its name, and its corporate seal to be hereunto affixed by its proper officers thereunto duly authorized, the day and year first above written. ATTEST: By: City Clerk Approved as to form: By: City Attorney CITY OF DELRAY BEACH By: David Schmidt, Mayor STATE OF COUNTY OF The foregoing instrument was acknowledged before me this4 day of , 200__, by David Schmidt, as Mayor, of the City of Delray Beach, a Florida municipal corporation, on behalf of the corporation. He/She is personally known to me. Signature of Person Taking Acknowledgment EXHIBIT "A" All of Parcel A of the Revised Rosedale Park Plat Property of Joseph Serp, according to the plat thereof on file in the office of the Clerk of the Circuit Court in and for Palm Beach County Florida, in Plat Book 15, at page 31. Subject to the right-of-way of U.S. Highway No. 1. Subject to restrictions, Easements and Zoning of Records. MEMBER OF N.Y., CT., FL. & D.C. BARS LAW OFFICES Lou s J. CARBONE, P.A. A PROFESSIONAL ASSOCIATION 65 NE 4TH AVENUE DELRAY BEACH, FL 33483 (561 ) 272<}282 FAX (561) 272-6013 E-MAI L. LJCIEGAL~AOL.COM NEW YORK Old'ICE I 1 I NORTH CENTRAL PARK AVENUE HARTSDALE, NEW YORK 10530 (914) 684-020 ! FAX (914) 684~)356 City of Delray Beach City Attorney's Office 200 N.W. 1" Avenue Delray Beach, Florida 32~. Att: R. Brian Shutt, Esq. Re: August 27, 2001 Autobahn Motors, Inc. Old Water Service Agreement 1" Street Realty, LLC. Premises: 1710 - 1800 N. Federal Highway Delray Beagh. Florida This office represents 1" Street Realty, LLC., the owner of the above referenced premises formerly known as the "Arrow Trailer Park". In connection with our review of the title search for the above premises we noted that there was an old water service agreement recorded against the premises, a copy of which is enclosed herewith. Apparently, this water service agreement was entered into for the provision of water services to the premises prior to its annexation into the City of Delray Beach. In 1979 the premises were annexed into the City of Delray Beach. Since that time, the premises have been connected to the City water and sewer systems. As you are aware, the premises are now being develo site of Autobahn Motors, Inc. ~ed for the future Page -2- In as effort to "clean up" title to the premises, I am requesting on behalf of the owner that the enclosed water service agreement be released of record. Accordingly, please contact me after your review of the enclosed water service agreement so we can discuss its release. cc: Autobahn Motors, Inc. TO: THRU: FROM: SUBJECT: MEETING OF SEPTEMBER 19, 200'1 ***CONSENT AGENDA*** CONSIDERATION OF A REQUEST TO ALLOW A TEMPORARY MODULAR BUILDING AT MAROONE FORD, LOCATED AT THE NORTHWEST CORNER OF LINTON BOULEVARD AND WALLACE DRIVE ('1311 LINTON BOULEVARD). This request is in association with a previously approved site plan modification for Maroone Ford (FKA Wallace Ford), which included the construction of a 13,963 square foot body shop expansion, and the installation of associated landscaping. The Site Plan Review and Appearance Board (SPRAB) approved the project at its meeting of June 19, 1996. A non- impacting site plan modification for the installation of a temporary single-wide modular building was approved administratively in March of 1996. The Class I Site Plan Modification replacing the single-wide with a double-wide modular building is scheduled for review by SPRAB at its meeting of October 3, 2001. The applicant is requesting the placement of a 1,440 square foot temporary double-wide modular building on the property for use as offices for a period of one (1) year while the approved building improvements are constructed. Permits for a temporary modular building are not included within the list of allowable temporary uses provided in LDR Section 2.4.6(H)(1), therefore approval of a waiver to allow this use from the City Commission is required. Pursuant to LDR Section 2.4.7(B)(5), prior to granting a waiver, the approving body must make a finding that granting the waiver: (a) Shall not adversely affect the neighboring area; (b) Shall not significantly diminish the provision of public facilities; (c) Shall not create an unsafe situation; and (d) Does not result in the grant of a special privilege in that the same waiver would be granted under similar circumstances on other property for another applicant or owner. The double-wide modular building is to be located within the parking area south of the existing body shop, which is on the north end of the property. The modular building will be visible from the 1-95 right-of-way, however it will not adversely impact any neighboring properties. The modular building is being installed at the same location as the existing temporary modular City Commission Documentation Meeting of September 19, 2001 Maroone Ford Page 2 building installed in 1996. The provision of public facilities will not be diminished with the granting of the waiver. The waiver will not create an unsafe situation or result in a special privilege as similar waivers have been granted to others. ^ condition of approval is that the modular unit is removed after a period of one (1) year from the time of issuance of a Certificate of Occupancy for the modular, or at the time of issuance of a Certificate of Occupancy for the addition, whichever occurs first. Further, the modular building should not be installed until a building permit is issued for the body shop expansion. By motion, approve a Temporary Use Permit for the placement of one (1) modular building to allow a temporary office facility at Maroone Ford, based upon positive findings with respect to LDR Section 2.4.7(B)(5), subject to the following conditions: 1. That a site plan modification be processed and approval obtained from the Site Plan Review and Appearance Board; 2. That the modular building not be installed until a building permit is issued for the body shop expansion; That the modular unit is removed after a period of one (1) year from the time of issuance of a Certificate of Occupancy for the modular, or at the time of issuance of a Certificate of Occupancy for the body shop expansion, whichever occurs first, and; 4. That the site be fully restored in compliance with the approved site plan once the modular building is removed. Attachments: ~ Proposed Site Plan 3 MEMORANDUM TO: FROM: SUBJECT: MAYOR AND CITY COMMISSIONERS CITY MANAGER ~ AGENDA ITEM'S- REGULAR MEETING OF SEPTEMBER 19, 2001 CLOSEOUT CHANGE ORDER #1 & FINAL PAYMENT/CHAZ DATE: EQUIPMENT (ROYAL PALM BOULEVARD) SEPTEMBER 14, 2001 This is before the City Comtmssion to approve closeout Change Order #1 m the net deduct amount of $3,716.00 with Chaz Equipment for the Royal Palm Boulevard Paving and Drainage Improvements. The change order represents the plus/minus as-built quanttty adjustments based on actual field measured quantities. Also requested is final payment in the amount of $20,051.00, to Chaz Equipment. The project is complete and has been inspected and approved by staff. Funding will be from 448-5461-538-65.04 (Stormwater Utility-Royal Palm Boulevard. Recommend approval of closeout Change Order #1 and the request for final payment to Chaz Eqmpment for completion of the Royal Palm Boulevard, Roadway and Utility Improvements. Ref. Agmemol 6.Closeout. ChazEqmpment. RoyalPalmBlvd/Roadway/Uttlity City Of Delray Beach Department of Environmental Services M E M 0 R A N D U M www delrayesd corn TO: FROM: SUBJECT: DAVID HARDEN City Manager HOWARD WIGHT ~ ~~_~ Deputy Director CTs~ct~n ROYAL PALM BLVD PAVING AND DRAINAGE IMP, PN 99-37 Contract Addition for portion Barrier Island Infrastructure Improvements, PN 00-48 DATE: SEPTEMBER 12, 2001 Attached for Commission approval is an agenda request for closeout Change Order #1, Final to Chaz Equipment Co., Inc. on the above referenced project. It is for the final plus/minus quantity adjustments associated with the project and is highlighted on Schedule 'A' attached to the Change Order. Change Order #1 is a net deduct amount of $ 3,716.00. A request is also made for final payment in the amount of $ 20,051.00 to Chaz Equipment Co., Inc. A Contractor Evaluation form is attached for your review. Funding Source is from 448-5461-538-65.04 (Stormwater Utility -Royal Palm Blvd) CC:File 99-37 (A) s\. ~9937~agmem090401 S ~EngAdmtnLProjects~1999[99-O371CONSTRC13colmem-050101 doc CITY OF DELRAY BEACH CHANGE ORDER TO ORIGINAL CONTRACT CHANGE NO. 1, Final PROJECT NO. 99-37 DATE: PROJECT TITLE: Royal Palm Blvd paving and Drainage Improvements TO CONTRACTOR: Chaz Equipment Co., Inc. YOU ARE HEREBY REQUESTED TO MAKE THE FOLLOWING CHANGES IN THE PLANS AND SPECIFICATIONS FOR THIS PROJECT AND TO PERFORM THE WORK ACCORDINGLY, SUBJECT TO ALL CONTRACT STIPULATIONS AND COVENANTS. JUSTIFICATION: Provide Final plus/minus quantity adjustments and miscellaneous changes per attached Schedule "A" SUMMARY OF CONTRACT AMOUNT ORIGINAL CONTRACT AMOUNT COST OF CONSTRUCTION CHANGES PREVIOUSLY ORDERED ADJUSTED CONTRACT AMOUNT PRIOR TO THIS CHANGE ORDER COST OF CONSTRUCTION CHANGES THIS ORDER ADJUSTED CONTRACT AMOUNT INCLUDING THIS CHANGE ORDER PER CENT INCREASE THIS CHANGE ORDER 7.5% TOTAL PER CENT INCREASE TO DATE 7.5% $ 197,926.00 $ 0.00 $ 197,926.00 $ -3,716.00 $ 194,210.00 CERTIFIED STATEMENT: I hereby certify that the supporting cost data included is, in my considered opinion, accurate; that the prices quoted are fair and reasonable and in proper ratio to the cost of the original work contracted for under benefit of competitive bidding. Chaz Equipment Co. Inc. (Contractor to sign & seal) TO BE FILLED OUT BY DEPARTMENT INITIATING CHANGE ORDER Funding Source is 448-5461-538-65 04 (Stormwater Utility)- Royal Palm Blvd) DELRAY BEACH, FLORIDA by its City Commission RECOMMEND: for Environmental Services APPROVED: By: Mayor ATTEST: By: City Attorney City Clerk ROYAL PALM BOULEVARD PAVING AND DRAINAGE IMPROVEMENTS cI'rY OF DELRAY PROJECT NO. 99-037 SCHEDULE OF VALUES PAYMENT APPLICATION' APPLICATION NUMBER PERIOD FROM' APPLICATION DATE 4 PROJECT NO 99-037 7-25-01 thru 8-25-01 8/30/01 UNIT CONTRACT THIS PERIOD TOTAL TO DATE NO DESCRIPTION QUANTITY UT PRICE AMOUNT QUANTITY AMOUNT QUANTITY AMOUNT 1 Matntenance of Traffic I LS $ 7,000.DO $ 7,000 00 0 $0 00 1 LS $7,DO0 00 2 Cleanngand Grubbing I LS $ 8,000DO $ 8,00000 0 $000 1 LS $8,00000 3 1 1/2" Type S-Ill Asphaltic Conc. Surface Course 2350 SY $ 6.00 $ 14,100 00 0 $0 00 2199 SY $13, 194 D0 4 8" L~merock Base 2650 SY $ 9 50 $ 25,175 00 0 $0 00 2284 SY $21,698 DO 5 12" Stab~hzed Subgrade 2750 SY $ 4 00 $ 11 ,(300 00 0 $0 00 2465 SY $9,860.00 6 Pavement Marktng& SIgnage 1 LS $ 2,500.00 $ 2,500 00 0 $ 1 LS $ 2,5DO.00 7 Type D Concrete Curb 215 LF $ 12.00 $ 2,580 00 0 $0 DO 191 LF $2,292.00 8 Type F Concrete Curb 250 LF $ 12.DO $ 3,000 00 $ $0 DO 300 LF $3,6DO.DO 9 Concrete Valley Gutter 165 LF $ 12 (30 $ 1,980 00 $ - $0 DO 152 LF $1,824.DO 10 5' Wide Concrete Sidewalk 210 LF $ 17 50 $ 3,675 DO $ - $0.00 173 LF $3,027 50 11 Concrete Driveway Apron (6" thick) 500 SF $ 4.00 $ 2,000 00 0 $0 00 948 SF $3,792.00 12 Type "C" Inlet and Grate 2 EA $ 1,300 00 $ 2,600 00 0 $0 DO 4 EA $5,200 00 13 18" RCP-dramage p~pe 345 LF $ 35.00 $ 12,075 00 0 SO.DO 366 LF $12,81000 14 15" RCP - drainage p~pe 32 LF $ 33 00 $ 1,056.00 0 SO.DO 34 LF $1,122.00 15 Connect to Ex~stmg Storm Dramage 1 EA $ 500 00 $ 500 00 0 $0 DO 1 EA $500 00 16 8"C-900PVCWM 790 LF $ 2300 $ 18,17000 0 $000 770LF $17,7t000 17 8" x 8" Tapping Tee w/valve I EA $ 4,000 00 $ 4,000 00 0 Si3 00 1 EA $4,000 00 18 8" Gate Valve 3 EA $ 750 00 $ 2,250 00 0 $0 00 3 EA $2,250 (30 19 Fire Hydrant Assembly 1 EA $ 1,850 DO $ 1,850 00 0 $0 DO 3 EA $5,550 00 20 Relocate F~re Hydrant 1 EA $ 1,500.00 $ 1,500 00 0 0 0 0 21 Connect to Ex~sting Water Mn 1 EA $ 2,500 DO $ 2,500 00 0 SO.DO 1 EA $2,500 00 22 3/4" Single Water Service 1 EA $ 750 00 $ 750 00 0 $0 00 1 EA $750 00 23 S~ngle Water Service 3 EA $ 800 DO $ 2,400 O0 0 SO.DO 3 EA $2,400 00 24 Double Water Serv~ce 10 EA $ 85000 $ 8,50000 0 SO.DO 18EA $15,30000 25 Fill & Flush Assembly 1 EA $ 1,500 00 $ 1,500 00 0 SO.DO 1 EA $1,500 00 26 Sample Point 2 EA $ 100 DO $ 200 00 0 $0 DO 2 EA $200 00 27 Remove Ex~stmg VV M 1 LS $ 3,500 00 $ 3,500 O0 0 $0 00 1 LS $3,500 00 28 4' Precast San SewerM H 1 EA $ 1,800(30 $ 1,80000 0 $000 lEA $1,80000 29 8" SDR 35 PVC San. Sewer (0'-6'cut) 310 LF $ 3700 $ 11,47000 0 $000 322LF $11,91400 30 6'' Single San Service wlcleanout 3 EA $ 850 00 $ 2,550 00 0 $0 00 1 EA $850 DO SUB TOTAL PAGE ONE Items 1 through 30, inclus~ve $ 160,181 00 PAGE TWO PROJECT NO. 994)37, ROYAL PALM BOULEVARD PAVING AND DRAINAGE IMPROVEMENTS UNIT CONTRACT THIS PERIOD TOTAL TO DATE NO DESCRIPTION QUANTITY UT PRICE AMOUNT QUANTITY AMOUNT QUANTITY AMOUNT 31 6.' Double San Service w/Cleanout 7 EA $ 1,200 00 $ 8,400.00 0 $0.00 6 EA $7,200 00 32 Relocate Exfstmg San Servtce 1 EA $ 750.00 $ 750 00 0 $0 00 2 EA $1,500 00 33 Connect to Ex~sbng San Sewer Manhole 1 EA $ 500.00 $ 500.00 0 $0 00 1 EA $500.00 34 Swale Grading and Sodding 2500 SY $ 5.00 $ 12,500 00 0 $0 00 2083 SY $10,415.00 35 Crown of Thorns"Rosy" 63 EA $ 10 00 $ 630 00 0 $ 63 EA $ 630 00 36 Thr~alhs 9 EA $ 10.00 $ 90 00 0 $ 9 EA $ 90 00 37 Wax Jasmine 60 EA $ 10 00 $ 600 00 0 $ 50 EA $ 600 00 38 Wh~e Oleander Standard 6 EA $ 20 00 $ 120 00 0 $ $EA $ 120 00 39 Impenal Blue Plumbago 46 EA $ 10 00 $ 460 00 0 $ 36 EA $ 360 00 40 Florida Royal Palm 3 EA $ 500 00 $ 1,500 00 0 $ 3 EA $ 1,500.00 41 Good Quality Top Sml 15 CY $ 3500 $ 525.00 0 $ 15CY $ 52500 42 Eucalyptus Mulch 9 CY $ 40 00 $ 360 00 0 $ 9 CY $ 360 00 43 Landscape Im~atmn System 1 LS $ 2,500.00 $ 2,500 00 0 $ 11 LS $ 2,500.00 44 6' Chain Link Fence 100 LF $ 10 00 $ 1,000.00 0 $ O $ 45 Mon~onn~l Well Allowance 1 LS $ 5,000.00 $ 5,000 00 0 $ 0 $ A Util~ Allowance 1 LS $ 2,500.00 $ 2,500 00 0 $ 0 $ - Vibemum Susp w/Mulch & Fert. 55 EA $ 566 50 46B Repair of Pvt Imgation LS $700.00 ~LS $700 00 47 Video Allowance 1 LS $ 300 00 $ 300.00 0 $ 0 $ 48 Indemnirmabon 1 LS $ 10.(30 $ 10 00 0 $ {3 $ SUB TOTAL FOR PAGE 2 Items 31 through 48, ~nclus~ve CONTRACT TOTAL, PAGE ONE AND TWO Items I thru 48, inclusive $ 197',926.00 $700 00 $194,210.00 CHAZ EQUIPMENT COMPANY, INC 3380 FIARLANE FARMS ROAD #16 WELLINGTON, FLORIDA 33414 DATE. August 30, 2001 REQUISTION NO: 4 PROJECT: Royal Palm Blvd PROJECT NO: 99-037 CHAZ EQUIP JOB NO: GENTLEMEN: THIS REQUEST FOR PAYMENT IS FOR WORK COMPLETED ON THE ABOVE REFERENCED PROJECT FOR THE PAY PERIOD ENDING: 8/25/01 AMOUNT OF ORIGINAL CONTRACT: APPROVED CHANGE ORDERS: TOTAL CONTRACT & APPROVED CHANGE ORDERS: TOTALS TO DATE THIS DO NOT $197,926.00 ($3,716 00) $194,210.00 REQUEST ONLY WRITE IN THIS SPACE VALUE OF WORK PERFORMED 4.) (PER BREAKDOWN ATTACHED) VALUE OF MATERIAL STORED ON SITE (PER BREAKDOWN ATTACHED) S.) N/A TOTAL REQUISITIONED LESS 0% RETAINAGE 6.) $194,210.00 7.) $0.00 AMOUNT EARNED TO DATE 8.) LESS PREVIOUS APPLICATIONS 9 ) $194,210 00 $174,159.00 AMOUNT DUE 10.) $20,051.00 BALANCE TO COMPLETE 11.) $0 oo 1 .) The work covered by this Application for Payment has been completed in accordance with the Contract Documents 2.) All previous progress payments received from the OWNER on account of Work done under the contract referred to above have been applied to discharge in full all obligations of the CONTRACTOR incurred in connection with WORK covered by pnor Applications for Payment numbered 1 thur 1 reclusive 3.) Title to all materials and equipment incorporated to said work or otherwise I~sted m or covered by this Application for Payment will pass to the OWNER at time of payment free and clear of all liens, claims, secur~ f ~ntsrests and encumberances (except such as covered by bond acceptable to the OWNER.) ~toARY~n~slu~sc¥1nLl~fore~.~is ,,_~0 day 111 // ,_ /I ·. Pe~nally ~ ~ OR P~u~ I D , BY' TITLE: DATE. August 30, 2001 G~~~KO [cTOR WSKI PRESIDENT Agenda Item No. ~,, AGENDA REQUEST Date: September 12, 2001 Request to be placed on: ---X ..... Regular Agenda ~ Special Agenda ~ Workshop Agenda When: September 18, 2001 Description of item (who, what, where, how much): Attached for Commission approval is an agenda request for closeout Change Order #1, Final to Chez Equipment Co., Inc. on the above referenced project. It is for the final plus/minus quantity adjustments associated with the project and is highlighted on Schedule 'A' attached to the Change Order. Change Order #1 is a net deduct amount of $ 3,716.00. A request is also made for final payment in the amount of $ 20,051.00 to Chez Equipment Co., Inc. A Contractor Evaluation form is attached for your review. Funding Source is from 448-5461-538-65.04 (Stormwater Utility - Royal Palm Blvd) ORDINANCE/RESOLUTION REQUIRED. Not required. Recommendation: Staff recommends Payment to Chez F:qu,pment~ In~c~ Department head signature: ~,_~--~ '------ '~~ Determination of Consistency with Comprehensive Plan: award of Change Order #1, Final and Final City Attorney Review/Recommendation if applicable): Budget Director Review (rxequ~d on all items involving expenditure of funds): ~ Funding available Y~NO ~'.A/~. Funding alternative~-0'f appl~-~le).'~ '{/~(-J.~,Account No. & Description ~-.~----~1 "-..L.2' ' Account Balance ~ ~..5i ~- I. - City Manager Review: Approved for agenda: ~E~//NO Hold Until: Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved s:~.. \0043~agreq1122001 MEMORANDUM TO: FROM: SUBJECT: MAYOR AND CITY COMMISSIONERS AGENDA ITEM ~D - REGULAR MEETING OF SEPTEMBER 19~ 2001 RESOLUTION NO. 58-01 {SUPPORTING THE IMPLEMENTATION OF AQUIFER STORAGE AND RECOVERY TECHNOLOGIES) DATE: SEPTEMBER 14, 2001 Before you for approval is Resolution No. 58-01 requesting support of the implementation of aquifer storage and recovery technologies for the purpose of protecting the environment and public water supplies. Further research is warranted to ensure the injecuon of surface waters that may contain microorgamsms into Florida's aquifers will not impact public health and water supplies. The proposed Comprehensive Everglades Restoration Phn (CERP), includes 333 Aquifer Storage and Recovery (ASR) wells, an unprecedented scale for implementation of this technology. There does not appear to be another storage technology available that can provide mulu-year storage to improve or manage for drought conchfions, such as those experienced by Honda during the last year and a half. Recommend approval of Resolution No. 58-01, with direcuon to the City Clerk to provide copies of this resolution to the appropriate parties. Ref:Agmemol 4.Res.58-01 ~qmferStorageRecovery RESOLUTION NO. $8-01 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, SUPPORTING THE IMPLEMENTATION OF AQUIFER STORAGE AND RECOVERY TECHNOLOGIES FOR THE PURPOSE OF PROTECTING THE ENVIRONMENT AND PUBLIC WATER SUPPLIES AND AN EFFECTIVE DATE. WHEREAS, the dtizens and environment of South Florida will benefit from the implementation of Aquifer Storage and Recovery (ASR) Projects assocxated with the Comprehensive Everglades Restoration Plan (CERP); and WHEREAS, the proposed CERP ASR components include 333 ASR wells, and unprecedented scale for implementation of this technology; and WHEREAS, further research is warranted to ensure that injection of surface waters that may contain microorganisms into Florida's aquifers will not impact public health and water supplies; and WHEREAS, there does not appear to be. another storage technology available that can provide multi-year storage to improve or manage for drought conditions, such as those experienced by Florida during the last year and a half; and WHEREAS, since ASR technology is not subject to evapotranspiration or seepage losses and requires only an acre or two per ASR well system, xt provides significant cost-effective benefits beyond those achievable by above-ground reservoirs already proposed in CERP; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the Delray Beach City Commission hereby declares support for ongoing efforts by the U.S. Army Corps of Engineers, the Florida Depamnent of Environmental Protection, and the South Florida Water Management District, and, to proceed in a cautious, methochcal manner to answer the many questions about implementing ASR technology, including the concerns about the fate of microorganisms in aquifers. Section 2. The combined strategy of (a) conducting three CERP ASR pilot projects at Lake Okeechobee, Caloosahatchee River, and Western Hillsboro Basin, as well as a City of West Palm Beach demonstration project, and Co) evaluating the projected impacts of the proposed 333 ASR wells on the environment and existing water users through an ASR Regional Study, is an appropriate way to address these technical issues. Section 3. The U.S. Army Corps of Engineers, Florida Department of Environmental Protections, and South Florida Water Management District are urged to conduct the necessary data collection and scientific studies to truly evaluate the ASR technology for the benefit of Everglades Restoralaon and long- term regional water supplies as outlined in the CERP. Section 4. That the Cxty Clerk xs directed to distribute a copy of this resolution to the U.S. Army Corps of Engineers, the Florida Department of Environmental Protection, the South Florida Water Management District and Jeb Bush, Governor of the State of Florida. Section 5. That this resolution shall take effect immediately upon adoption. PASSED AND ADOPTED in regular sess;on on this the 19~ day of September, 2001. ATTEST: MAYOR City Clerk 2 Res. No. 58-01 LOCAL GOVERNMENT ORGANIZATION RESOLUTION NO. 2001-__ A RESOLUTION OF THE (INSERT LOCAL GOVERNMENTAL ORGANIZATION) SUPPORTING IMPLEMENTATION OF AQUIFER STORAGE AND RECOVERY TECHNOLOGIES FOR THE PURPOSE OF PROTECTING THE ENVIRONMENT AND PUBLIC WATER SUPPLIES AND EFFECTIVE IMMEDIATELY. Wi~REAS, the citizens and environment of South Florida will benefit fi.om the implementation of Aquifer Storage and Recovery (ASR) Projects associated with the Comprehensive Everglades Restoration Plan (CERP); ~ WHEREAS, the proposed CERP ASR components include 333 ASR wells, an unprecedented scale for implementation of this technology; WHEREAS, further research is warranted to ensure that injection of surface waters that may contain microorganisms into Florida's aquifers will not impact public health and water supplies; WHEREAS, there does not appear to be another storage technology available that can provide multi-year storage to improve or manage for drought conditions, such as those experienced by Florida during the last year and a half; · WFIEREAS, since ASR technology is not subject to evapotranspiration or seepage losses and requires only an acre or two per ASR well system, it provides significant cost-effective benefits beyond those achievable by above-ground.reservoirs already proposed in CERP; IT IS RESOLVED BY (insert Local Governmental Organization) THAT: The (insert Local Govenunental Organization) supports ongoing efforts by the U.S. Army Corps of Engineers, the Florida Department of Environmental Protection, and the South Florida Water Management District, and, to proceed in a cautious, methodical manner to answer the many questions about implementing ASR technology, including the concerns about the fate of microorganisms in aquifers; The combined strategy of(a) conducting three CERP ASR pilot projects at Lake Okeechobee, Caloosahatchee River, and Western Hillsboro Basin, as well as a City of West Palm Beach demonstration project, and (b) evaluating the projected impacts of the proposed 333 ASR wells on the environment and existing water users through an ASR Regional Study, is an appropriate way to address these technical issues; and The U.S. Army Corps of Engineers, Florida Department of Environmental Protection, and South Florida Water Management District are urged to conduct the necessary data collection and scientific studies to truly evaluate the ASR technology for the benefit of Everglades Restoration and long-term regional water supplies as outlined in the CERP. DRAFT 08/30101 MEMORANDUM TO: FROM: DATE: SUBJECT: David Harden, City Manager I. Jacklyn Rooney, Purchasing Superviso~fi~ September 14, 2001 DOCUMENTATION - CITY COMMISSION MEETING SEPTEMBER 19, 2001 - CONTRACT ADDITION FOR BUS RENTAL AND DRIVER SERVICE FOR PARKS AND RECREATION Item Before Commission: City Commission is requested to approve the contract addition of $17,361.25 to Corporate Connection Sovereign's contract for bus rental and driver service for the Parks and Recreation Department for summer camp, football program and holiday camp. This increase would bring the total amount of the contract to $60,301.25. Background: An emergency agreement was awarded to Corporate Connection Sovereign by City Commission on June 08, 2001 for the amount of $45,465 as our vendor that was awarded this original contract through a bid process had notified the City that their business was closing immediately and they could no longer honor their contract. The emergency agreement awarded to Corporate Connection Sovereign stated that the contract amount could not exceed $45,465 without prior approval from City Manager. As stated on the attached memo dated September 06, 2001, the Parks and Recreation Department is requesting an increase of the purchase order issued to Corporate Connection Sovereign for a new total amount of $60,301.25. Recommendation: Staff recommends this contract addition with Corporate Connection Sovereign for a total amount of $60,301.25. Funding from account code 115-4912-572-55.30 (Rocks Football) for the amount of $7,361.25, and $10,000 from account code 001-4106-572-44.90 (Summer Day Camp). Attachments: [lTV OF I]EUiI:iV PURCHASING DIVISION TO: FROM: THROUGH: SUBJECT: DATE: David Harden, City Manager Jackie Rooney, Purchasing Superviso¢~ Joseph Sa~ance Director ~,~) Purchase Order #596016 September 06, 2001 On June 08, 2001, an emergency purchase order was issued for bus rental services to Corporate Connection Sovereign per quotes received by Parks Division. An emergency agreement was executed with vendor for these services stating the total amount of this agreement shall not exceed $45,465 without prior approval of City Manager. A copy of this agreement is attached for your review. Per attached copy of e-mail message from Parks & Recreation, they are requesting another increase of $7,361.25 for the Rocks Football account code. On August 24th the first increase was approved by Acting City Manager, Mr. Barcinski, for $10,000 to the Summer Camp Program account code for a total purchase order amount of $52,940. This additional $7,361.25 for Rocks Football would now bring the total of this purchase order to $60,301.25. Funding from account code 115-4912-572-55.30. Need your approval for this change order. Please sign below and return to Purchasing. City Manager Date Attachments Page 1 of 1 Rooney, Jackie From: Vanhove, Gaff Sent: Thursday, September 06, 2001 10'35 AM To: Rooney, Jackie Subject: change order Good morning 3ackie Please issue me a change order for my Blanket PO 596016 Corporate Connection. ! just received my first invoice for Rocks Football from 8/25/01 in the amount of $715.00. To add another line number for 115-4912-572-55.30 this is the Rocks football account- in the amount of $4,700.00. That still won't be enough to the end of the FY. ! went over with Ben Leonard the bus schedule and he received confirmations back from Corporate Connection for the next 10 games, which is to the end of the FY, the total is $7,361.25. What to do? hmmm.. Thanks ..... Gail (~)(~)(~(~(~(~) 9/6/01 AGENDA ITEM NUMBER: AGENDA REQUEST Request to be placed on: September 19, 2001 Date: September 14, 2001 XX Consent Agenda __ Special Agenda ~ Workshop Agenda Description of agenda item: Request for approval to increase the purchase order with Corporate Connection Sovereign's contract for bus rental and driver service for the Parks and Recreation Department. Th~s increase would bring the total amount of the contract to $60,301.25. ORDINANCE/RESOLUTION REQUIRED: YES NO Draft Attached. YES NO Recommendation: Approve the contract addition with Corporate Connection Sovereign's Contract for bus rental service for the amount of $17,361.25 for a total amount of $60,301.25. Funding from account code 115-4912-572-55.30 (Rocks Football) for the amount of $7,361.25 and $10,000 from account code 001-4106-572-44.90 (Summer Day Camp). Department Head Signature: Determination of Consistency with Comprehensive Plan: City Attorney Review/Recommendation (if applicable): Budget Director Review (required on a!l items involving expenditure of funds): / Funding available: Yes V/ No Funding alternatives: Account Number: Account Description: Account Balance: (if applicable) City Manager Review: Approved for agenda: ~ Hold Untih Agenda Coordinator Review: Received: Action: Approved No Disapproved MEMORANDUM TO: THRU: FROM: SUBJECT: DATE: CC: DAVID T. HARDEN, CITY MANAGER MILENA WALINSKI, ACTING DIRECTOR OF FINANCE'~ PATSY NADAL, BUYER AWARD BID TO ADDCO, INC -MOBILE MESSAGE SIGNS 09/14/01 JACKIE ROONEY, PURCHASING SUPERVISOR ~'~ Item Before Commission: Staffis recommending City Comrmssxon to award the lowest Nd to ADDCO, Inc. to purchase two- (2) mailer mounted programmable electronic message s~gns. The message signs wall be funded by the Emergency Management Preparedness and Assistance Grant. Backgr_ ound: On December 5, 2000, the City Comrmssion authorized Langton and Assocaates to subrmt an Emergency Management Preparedness and Assistance or EMPA Grant apphcation on behalf of the Cxty of Delray Beach to the State Department of Commumty Affatrs m the amount of $50,000.00. On June 5, 2001, the City Comrmssxon authorized the Mayor to accept and s~gn the grant agreement with the State Department of Community Affairs. The EMPA Grant does not reqmre a local cash match. The grant funds were awarded to purchase two (2) mobile electromc sxgns for the purpose of notifying evacuees of shelters of last resort off 1- 95 w~thin the C~ty of Delray Beach. Since the message s~gns will be mobile, they can be placed at any strategm location for citizen notification(s) or warning(s). The potential benefits of this eqmpment could favorably affect the entire resxdents of South Honda. Under mutual md, the s~gns will be avadable for use by other agencies during emergencms. In accordance with Purchasing Pohcies and Procedures, the City of Delray Beach sought and received five bids for the two- (2) trader mounted programmable electromc message s~gns. They are as follows: (1) ADDCO, Inc. submitted a Nd for $ 45,300.00. (2) L & C Marketing Group submitted a bid for $ 56,374.00. (3) Protection Services, Inc. submitted a bid for $ 51,000.00 (4) National Capital Indusmes subrmtted a bid for $ 50,750.00 (5) Jim Chandler & Associates subrmtted a b;d under the State Negotiated Agreement Price Schedule (SNAPS) contract number for $ 64,000.00. Recommendation: Staff recommends City Comrmssion award the bid for two- (2) trader mounted programmable electromc message signs to ADDCO, Inc. in the amount of $45,300.00. AGENDA ITEM NUMBER: AGENDA REQUEST Request to be placed on: September 19, 2001 Date: September 14, 2001 XX Consent Agenda ~ Special Agenda __ Workshop Agenda Description of agenda item: The City of Delray Beach would like to purchase two- (2) trailer mounted programmable electronic message signs. The message s~gns will be used primarily to notify evacuees of shelters of last resort off 1-95 within the City of Delray Beach and other uses as needed. The message signs will be funded by the Emergency Management Preparedness and Assistance Grant. ORDINANCE/RESOLUTION REQUIRED: YES NO Draft Attached: YES NO Recommendation: Staff recommends City Commission award the bid for two- (2) trailer mounted programmable electronic message signs to ADDCO, Inc. in the amount of $45,300.00. Funding is available in FY2001/2002 in account 001-2316-525-64.90 (Emergency Management-Other Machinery/Equipment). Department Head Signature: Determination of Consistency with Comprehensive Plan: City Attorney Review/Recommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): Funding available: ~~~~I~TNO Funding alternatives: Account Number: ~ \- '~,~ ~ ~ Account Description: Account Balance: City Manager Review: Approved for agenda: Hold Until: Agenda Coordinator Review: Received: Action: Approved No Disapproved (if applicable) TO: COMPANY: FROM: DATE: August 1,2001 Ms. Patsy Nadal City of Delray Beach John C. Mueller Office: (651) 558-3597 Cell: (612) 810-8620 ADDCO DH 1000 ALS PRODUCT: PRICE: TERMS: FREIGHT: Training DH 1000 ALS S ZZ, OOO Each Net $0 days. $1,$00.00 total £or all shipments less than 4 signs. more ADDCO pays £reight costs. Training and software included in price. 4 signs or MEMORANDUM TO: FROM: SUBJECT: MAYOR AND CITY COMMISSIONERS CITY MANAGER ~ AGENDA ITEM # ~57. REGULAR MEETING OF SEPTEMBER 19, 2001 REVIEW OF APPE^I.ABLE LAND DEVELOPMENT BOARD ACTIONS DATE: SEPTEMBER 14, 2001 Attached is the Report of Appealable Land Use Items for the period September 4, 2001 through September 14, 2001. It informs the Commission of the various land use actions taken by the designated boards that may be appealed by the City Commission. Recommend review of the appealable actions for the period stated. Receive and file the report as appropriate. RefiApagmemo.Appealables.09.19.01 TO: THRU: FROM: SUBJECT: D~~. HARDEN, CITY MANAGER PAUL DORLING, DIREq:TOR OF PLANNING AND ZONING ~~SMIN ALLEN, PLANNER MEETING OF SEPTEMBER 19, 2001 *CONSENT AGENDA* REPORT OF APPEALABLE LAND USE ITEMS SEPTEMBER 3, 2001 THRU SEPTEMBER 14, 2001 The action requested of the City Commission is that of review of appealable actions which were made by various Boards during the period of September 3, 2001 through September 14, 2001. This is the method of informing the City Commission of the land use actions, taken by designated Boards, which may be appealed by the City Commission. After this meeting, the appeal period shall expire (unless the 10 day minimum has not occurred). Section 2.4.7(E) of the LDRs applies. In summary, it provides that the City Commission hears appeals of actions taken by an approving Board. It also provides that the City Commission may file an appeal. To do so: 1. The item must be raised by a Commission member. 2. By motion, an action must be taken to place the item on the next meeting of the Commission as an appealed item. No appealable items were considered by the Board. The following items will be forwarded to the City Commission for action. · The Board on a 7 to 0 vote issued a statement of consistency of the proposed Capital Improvement Plan (CIP) with the Comprehensive Plan. A. Approved (7 to 0), the architectural plan associated with the installation of awning to the second floor windows for Boston's on the Beach, located on the west side of South Ocean Boulevard, south of Atlantic Avenue (40 South Ocean Boulevard). City Commission Documentation Appealable Items Meeting of September 19, 2001 Page 2 Bo Approved (7 to 0), the architectural elevation plan associated with the relocation of a walk-up ATM and the addition of architectural details at the Fidelity Federal Bank and Trust, located at the southeast corner of SE 5th Avenue (southbound Federal Highway) and SE Ist Street (109 SE 5th Avenue). Co Approved with conditions (7 to 0), the architectural elevation plan associated with the addition of roof top antennas for Verizon Wireless at South Trust Bank, located at the southeast corner of West Atlantic Avenue and Markland Lane (5300 West Atlantic Avenue). Tabled (7 to 0), a Class II site plan modification associated with the addition of a 166 square foot storage buildin~ for KFC Restaurant, located on the south side of Linton Boulevard, east of SW 4"' Avenue (360 West Linton Boulevard). Approved with conditions (7 to 0), a Class III site plan modification associated with the addition of a 750 square foot outdoor dining area for Old Calypso Restaurant, located at the southeast corner of the Intracoastal Waterway and East Atlantic Avenue. Approved with conditions (6 to 0, Eliopoulos stepped down), a Class V site plan, landscape plan and architectural elevation plan for Autobahn Motors, a proposed 19,036 square foot automotive dealership located on the west side of North Federal Highway, approximately 920 feet north of Lake Avenue. Approved (7 to 0), a request for a Certificate of Appropriateness associated with construction of a carport canopy at 203 Dixie Boulevard, located at the northeast corner of Dixie Boulevard and NE 2nd Avenue. Concurrently, the Board granted a variance reducing the side interior setback from 15 feet to 9 feet. Approved (7 to 0), a request for a Certificate of Appropriateness associated with the installation of a fabric cover for pool equipment and a sound proof box at the Sandoway House Nature Center, located on the west side of South Ocean Boulevard, north of Ingraham Drive (142 S. Ocean Boulevard). Concurrently, the Board granted a variance reducing the side interior setback from 10 feet to 0 feet. Approved (7 to 0), a request for a Certificate of Appropriateness associated with fa(~ade changes at the Masonic Temple, located at the southwest corner of East Atlantic Avenue and SE 1st Avenue (40-44 West Atlantic Avenue and 10 SE Ist Avenue). Approved (6 to 0, Jamison stepped down), a request for a Certificate of Appropriateness associated with the replacement of wood windows with aluminum/impact resistant glass windows, for First Church of Christ Scientist, located at the southwest corner of SE 7th Avenue and SE 2nd Street (200 SE 7th Avenue. City Commission Documentation Appealable Items Meeting of September 19, 2001 Page 3 Approved (7 to 0) a request for Certificate of Appropriateness associated with the construction of a "widow's walk" on the roof of the Sundy Inn, located at the southwest corner of South Swinton Avenue and SW 1st Street (106 S. Swinton Avenue). Tabled (7 to 0), a request for a Certificate of Appropriateness to modify a condition of approval to allow the replacement of a wood fence with a PVC fence at 1104 Nassau Street, located at the southeast corner of Nassau Street and Gleason Street. The Board requested that the applicant provided a sample of the fence material. Denied (7 to 0), a request for a Certificate of Appropriateness associated with the installation of two wall signs at 139 NW 5th Avenue, located the southeast corner of NW 5th Avenue and NW 2nd Street. Approved (7 to 0), a request for a Certificate of Appropriateness associated with the replacement of windows and a partial re-roofing of the "Koch House" located on the east side of North Ocean Boulevard, south of George Bush Boulevard (777 North Ocean Boulevard). Approved (7 to 0), a Class V site plan, landscape plan, architectural elevation plan and a Certificate of Appropriateness associated with the conversion of a single family residence to a commercial business office for Dynalife, located on the east side of NE 1st Avenue, north of NE 1st Street (123 NE 1st Avenue). 10. Approved (7 to 0), a Class V site plan, landscape plan, architectural elevation plan and a Certificate of Appropriateness associated with the conversion of a multifamily structure to a two-story office building for Winston Condos, located on the east side of South Swinton Avenue, north of SE 2nd Street (137 South Swinton Avenue). 11.Approved (7 to 0), a request for the demolition of a garage associated with a single family residence at 120 NW 4th Avenue, located on the west side of NW 4th Avenue, north of NW 1st Street within the West Settlers Historic District. Other Items Recommended approval (7 to 0) to the Planning and Zoning Board LDR text amendments for the West Atlantic Overlay District. The amendments involve reducing the front setbacks to 5 feet along NW and SW 5th Avenue; to allow drive-thru facilities as a conditional use; and, establish parking requirements for hotels and motels. By motion, receive and file this report. Attachment: Location Map CITY OF DELRAY BEACH, FLORIDA - City Commission Meeting- SEPTEMBER 19, 2001 L-30 CANAL NW 2NDST $.W 2ND ST SW UNTON CANAL S.P.R.A.B.: A. BOSTON'S ON THE BEACH B. FIDELITY FEDERAL C. VERIZON WIRELESS KFC E. OLD CALYPSO F. AUTOBAHN MOTORS I. 203 DIXIE BOULEVARD 2. SANDOWA ¥ HOUSE & NATURE CENTER 3. MASONIC TEMPLE 4. FIRST CHURCH OF CHRIST SCIENTIST 5. SUNDYHOUSE 6. 1104 NASSAU STREET 7 139 NW5THAVENUE KOCH HOUSE g, DYNALIFE OFFICES 10. WINSTON CONDOMINIUMS 11 120 NW 4TH AVENUE ....... 'I CIW LIM~ --'I' I ONE MII~ I GRAPHIC SCALE CITY OF DEl-RAY BEACH, FL PLANNING & ZONING DEPARTMENT 1999 - - D~GITAL BASE MAP SYSTEU - - [lTV OF DELRII¥ BEll[# CITY IITORNEY'S OFFICE TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755 1993 DATE: TO: FROM: SUBJECT: MEMORANDUM September 18, 2001 City Commission David Harden, City Manager Susan A. Ruby, City Attorney WARC Position Funding Interlocal Planning/Parking Interlocal Agreement Writer's Direct Ltne' 561/243-7091 Agreement with the CRA; and The City and the CRA have previously entered into the above interlocal funding agreements which expire at the end of this fiscal year. The new agreements contain the same funding requirements previously contained in the agreements, but extend the date to September 30, 2002. The CRA approved the Agreements. the City Commission agenda. Please put the consideration of these agreements on Attachment CC: Barbara Gafito, City Clerk Paul Dorling, Director, Planning and Zoning Lula Butler, Director, Community Improvement D£LRAY BEACH September 14, 2001 Susan A. Ruby, Esq. City Attorney City of Delmy Beach 200 NW 1 st Avenue Delray Beach, FL 33444 RE: lnterlocal Agreements Re: Planning/Parking Services & WARC Position Funding Dear Susan: The CRA Board of Commissioners approved both of the above-referenced interlocal agreements at their regular meeting of September 13,2001. Enclosed please find two originals of each which have been executed by John Weaver, Chairman. After approval by City Commission, please return one fully executed copy of each to me for our files. Thank you. Sincerely, Diane Hervey Assistant to the Director /d enclosures 104 West Atlanuc Avenue o Delmy Beach, Flonda 33555 561-276-86-~0 o Fax 561-276-8558 AMENDED AND RESTATED INTERLOCAL AGREEMENT BETWEEN THE CITY OF DELRAY BEACH AND THE DELRAY BEACH COMMUNITY REDEVELOPMENT AGENCY FOR PLANNING AND OTHER SERVICES THIS AGREEMENT is made this day of , 2001 by and between the CITY OF DELRAY BEACH, a Florida Munictpal Corporation, (hereinafter referred to as "CITY"), and the DELRAY BEACH COMMUNITY REDEVELOPMENT AGENCY, (hereinafter referred to as the "CRA"). WI'TNESSETH: WHEREAS, the City's Comprehensive Plan requires the preparation of redevelopment plans for locations within the city limits which are also located within the CRA'S boundaries; and, WHEREAS, the CITY and the CRA benefit from the services of a Parking Management Specialist; and WHEREAS, the parties both desire to assist one another in providing and obtaining the services as more specifically set forth in this Agreement; and, NOW, THEREFORE, in consideration of the mutual covenants and promises herein contained, the parties hereby agree as follows: l. The recitations set forth above are hereby incorporated herein. 2. The CITY will provide the following services: A. The CITY shall provide planning services to the CRA relating to the formation and implementation of neighborhood plans and associated planning tasks related to the Downtown Business District and West Atlantic Redevelopment. B. The CITY shall provide for the shared use of the services of a parking management specialist. C. The CITY shall provide the CRA with certain mapping and graphics services, so long as the services can be performed by the CITY in house. The CITY shall pay the cost of supplies except for reproduction costs of final plans. E. If there is a problem with the computer network at the CRA's current location, the CITY will assist the CRA in an effort to resolve the problem.. 3. The CRA shall provide the following: io Prior reasonable notice to the CITY of service requests; Reproduction of all final plans at its own cost; All information that the CITY requests from the CRA that the CITY determines it needs to carry out the service to be provided by the CITY. 4. The term of this Agreement shall commence October i, terminate on September 30, 2002. 2001 and 5. The CRA shall pay to the CITY up to $60,000.00 a year for the services provided by the CITY, payable in $15,000.00 increments quarterly, with October 1st as the commencement of the first quarter. In the event the Parking Management Specialist position becomes vacant, then the obligation of the CRA shall be reduced to $2,500.00 payable per quarter for planning services, until the position is filled wherein the $15,000.00 per quarter payment shall resume. 6. This Interlocal Agreement shall be filed pursuant to the requirements of Section 163.01 (11) of the Florida Statutes. 7. No prior or present agreements or representations with regard to any subject matter contained within this Agreement shall be binding on any party unless 2 included expressly in this Agreement. Any modification to this Agreement shall be in writing and executed by the parties. . 8. The validity of any portion, article, paragraph, provision, clause, or any portion thereof of this Agreement shall have no force and effect upon the validity of any other part of portion hereof. 9. This Agreement shall be governed by and in accordance with the Laws of Florida. The venue for any action arising from this Agreement shall be in Palm Beach County, Florida. 10. Neither the CITY nor the CRA shall assign or transfer any rights or interest in this Agreement. I 1. This Agreement shall not be valid until signed by the Mayor and the City Clerk. ATTEST: City Clerk Approved as to Form: City Attorney CITY OF DELRAY BEACH, FLORIDA By: David W. Schmidt, Mayor ATTEST: STATE OF FLORIDA COUNTY OF PALM BEACH (SEAL) The foregoing instrument was acknowledged before ~~J~ , 2001, by .../o~./ /~../~,w'~-r& , as me this /~ day of (name of officer or agent, title of officer or agent), of ~,'t',~,x,'/rff ~z~,a25~v'~P,'~w~'/~.e:~e,~ (name of corporation acknowledging), a r~:,~,,~ (state or place of incorporation) corporation, on behalf of the corporation. He/She is personally known to me or-4ms (type of identification) as identification. Notary Public - State DIANE G. HERVEY COMMISSION # CC 691564 EXPIRES NOV 28, 2001 BONDED THRU ATL"-NTIC BONDI~ CO., 1~ 4 INTERLOCAL AGREEMENT BETWEEN THE CITY OF DELI;lAY BEACH AND THE DELRAY BEACH COMMUNITY REDEVELOPMENT AGENCY FOR ASSISTANCE IN FUNDING STAFF SUPPORT FOR THE WEST ATLANTIC REDEVELOPMENT COALITION, INC. THIS AGREEMENT is made and entered into this ~ day of , 2001 by and between the CITY OF DELRAY BEACH, a Florida municipal corporation, herein referred to as the "CITY" and the DELRAY BEACH COMMUNITY REDEVELOPMENT AGENCY, hereinafter referred to as the "CRA". ~,x ITNESSETH: WHEREAS, the CRA is committed to the implementation of the West Atlantic Avenue Redevelopment Plan and to the success of the West Atlantic Redevelopment Coalition, hereinafter referred to as "WARC'; and, WHEREAS, the City Commission has a significant interest in the redevelopment of the West Atlantic Redevelopment Corridor, and therefore, to the success of WARC and the implementation of the West Atlantic Redevelopment Plan; and, WHEREAS, the CITY and the CRA had previously entered into a Funding Interlocal Agreement that expired on September 30, 2001; and, WHEREAS, the CITY wishes to assist the CRA in providing financial assistance in providing for staff assistance to WARC; and, WHEREAS, the CRA wishes to continue to financially support WARC through staff support but requires additional assistance. NOW, THEREFORE, in consideration of the mutual covenants and promises contained, the parties a~ee as follows: 1. The recitations set forth above are hereby incorporated herein. o The term of this contract shall commence on the 1st day of' October, 200l, and terminate on the 30th day of September, 2002. The CITY shall provide financml assistance to the CRA for one-half of the salary and benefits for one staff member to provide assistance to WARC for the redevelopment of the West Atlantic Avenue Corridor, in an amount not to exceed $32,200. The CRA will provide for the other remaining salary and all other benefit costs as well as any program related costs. The CITY is not responsible for any items related to the West Atlantic Redevelopment Program such as travel, entertainment, professional development, newsletter costs, and other program related costs or expenses. No prior or present agreements or representations with regard to WARC staff support services shall be binding on the CITY or the CRA unless included in th~s Agreement. No modific~tion or change in this Agreement shall be valid or binding upon the parties unless in writing or executed by the party or parties intended to be bound by it. The CITY, by entering into this Funding Interlocal Agreement, does not undertake any responsibility other than funding and shall not be deemed an employer, nor is it intended that this agreement constitute an employment agreement binding on the CITY. The validity of any portion, article, paragraph, provision, clause, or any portion thereof in the Agreement shall have no effect upon the validity of any other part or portion hereofi To the extent allowed by law, the venue for any action arising from this Agreement shall be in Palm Beach County, Florida. This Agreement shall be governed by and in accordance with the laws of the State of Florida. Neither the CITY, nor the CRA shall assign, convey, or transfer any rights or interest in this Agreement without the written consent of the other. ATTEST: City Clerk Approved as to Form: CITY OF DELRAY BEACH By: David Schmidt, Mayor City Attomey ATTEST: C OM~xT, Y REDEVELOPMENT [IT¥ DF DELI:II:IV DELRAY BEACH J~k.J~lll~c~C~t~ 100 N.W. 1 st AVENUE 1993 2001 TO: FROM: rtT. Harden, City Manager A. Barcinski, Assistant City Manager 3- 2001 CITY MANAGER DELRAY BEACH, FLORIDA 33444 561/243-7000 DATE: August 31, 2001 SUBJECT: Recommendations for Funding Special Events and Charitable Organizations FY02 Budget A committee composed of Lula Butler, Joseph Safford, Chief Larry Schroeder, Doug Randolph and myself reviewed requests for funding for FY02 budget from the City Commission special event account and from the miscellaneous grant account. A total of$136,000 in requests were received for funding from the Special Events account with a budget of $49,250 and a total of $545,210 in requests were received for fimding from miscellaneous grants with a budget of $334,690. City Commission policy has been to limit the special event funding to $50,000 and the miscellaneous grant fired to 1% of general fund budget. The 1% however does not include funding for the Chamber of Commerce Economic Development contribution or the contribution to ABC-Carpet. Staff recommendations for fund~g are attached as Exhibits "^ and B", as well as a summary (Exhibit "C") of additional information for each grant applicant. A summary of staff review comments is as follows: A) sP :c d. Ln/F. JWS Holiday Parade - After discussions with Bill Wood it was the consensus of the Committee to reduce this request provided the City cominues with co-sponsorship and full overtime support. Pnnted on Recycled Paper THE EFFORT ALWAYS MATTERS Delray Beach Education Board - Funding is provided in the Community Improvement budget. Delray Beach Festival Association - This is the Garlic Fest. The City supports this event with overtime and other staff contributions. We are not recommending cash support. Fotofusion - The City has supported this event with a cash contribution since FY 97. The Committee felt that this event should become more self-sufficient. Overtime support is not provided for the event. Joint Venture Christmas Tree - It was the consensus of the Committee to continue support at the $25,000 level. The funding provided by the City helps offset the cost of over $90,000 to put up the tree. The Joint Venture is our partner on this project assisting in fund-raising, marketing and advertising and in obtaining volunteer help. The tree is owned by the City. Martin Luther King Celebration - The Committee recommends continuing funding at the previous level. Roots Festival - A request has not been received as of this date. Safety Patrol Trips - Two requests for $1,500 were received. Total cost to send one child on this trip is approximately $500. The Committee recommends funding of $1,000, $500 per school, with the stipulation that funds be used to contribute $250 per child to the total per student cost. Sister Cities Committee - The Committee recommended an decrease in last years funding to help offset the administrative costs for the two Sister Cities Committees. We felt their overall financial condition was good. The estimated account balance at 9/1/01 is $10,000. First Night- Although Old School Square is not directly involved in the event a volunteer citizens group has been established to plan and support a modified First Night event. Citizens in the community felt it was irrq~ortant to hold a First Night event with a theme that supports our All America City Award. Staff recommends continued fimding at last year's level. B. MISC~-~-~IEOUS ttRANT5 Chamber of Commerce - The Committee recommends funding at current levels. Funds are utilized for economic development purposes. This funding is part of funds set aside for economic development, as was approved by City Commission the last time, occupational license fees were increased. Pineapple Grove Main Street - The Committee recommended continued funding at FY01 level. Funds are used to supplement operating costs for this organization. Economic Incentive ABC Carpet - The Committee recommends funding at FY01 level. This is a commitment required to be paid through 2006 based on 1 O-year agreement approved in 1996. Joint Venture- The Committee recommends funding at existing level. Funds are primarily utilized to offset costs of the 4th of July fireworks display. Aid to Victims of Domestic Assault - The Committee recommends continued funding at existing levels due to the large number of Delray Beach residents serviced. Association for Retarded Children - Due to overall program costs and their net asset position, the Committee recommended funding at existing level. Boy's and Girl's Club of Palm Beach County - Funding is not being provided this year l~om the Community Development Block Grant Program. CDBG funds can only be used for capital costs. The funding request is for operating costs. Commission originally committed to fund this organization in 1993 for five years at $85,000 per year. Due to the service provided to Delray Beach youth, we recommend funding at the FY01 level. Community Childcare Center - The Committee recommended funding at previous funding level due to large unrestricted net asset level. Recommend continued funding due to the service provided to Delray Beach residents. The Center will also receive $22,000 bom the CDBG program next year. Deaf Service Center- Recommend funding at previous level due to number of citizens served and low unrestricted net asset position. Drug Abuse Foundation - Recommend funding by contn~bution to Chris Evert Charities t~om the Tennis stadium budget as we have done the last two (2) years. EPOCH - Recommend funding at FY01 level. Funding to be used for operating costs. Friends of Sandoway House - Recommended funding be reduced due to the improved financial condition of the organization. Funding is provided for educational program and operational costs. Girl Scouts of Palm Glades Council - The Committee did not recommend funding of a new request. We felt the overall financial condition of the organization was very good and could not support this request. Green Market - The Committee did not recommend funding for this new request. We felt the CRA should provide this support. Mae Volen Senior Center- Recommended no funding due to high unrestricted net asset position. Palm Beach Photographic Center - The center is requesting funding to expand their programs and pay for operating costs for their outreach programs. An independent audit was not included in this request. Although the committee felt the organization helped to enhance and support the City's marketing effort, we did not feel we could fund this organization. Also could not determine non profit status, no documentation submitted. School District of Palm Beach County Childcare Program - This program provides matching funds to various daycare facilities in the City. This is a matching grant program with other funding received from Federal and State programs, as well as, from other governmems and United Way. The Committee recommends funding at previous level due to number of children served. Urban League - The Committee recommends funding at reduced level. This organization will also receive $12,000 from City's CDBG program. Recommend continued funding due to need to support Housing Counselor program, which is not provided by the City. Wayside House - Recommend funding at reduced level due to service provided to Delray Beach residents, high success rate of the organization in treating drug and alcohol abuse, and services provided for indigent womer~ Committee felt that their overall financial condition was good and could absorb the reduction. RAB/tas File: u:sweeaeylngeada Doc:Memo ~o Harden Special Events Fundin~ 02 EXHIBIq~ A SPECIAL EVENrI~S FISCAL YEAR 2001-02 Organization FY 2000 FY 2001 Requested FY Recommended Funding Funding 2002 FY 2002 Holiday Parade 3,000I 2,500I 3,000 2,500 Delray Beach Education Board 2,800 2950 (1) 2000 2000 (4) Delray Beach Festival Association 0 0 20,000 0 Fotofusion 10,000 5,000 50,000 5,000 Joint Venture Christmas Tree 25,000 25,000 25,000 25,000 Martin Luther King Celebration 500 500 500 500 Roots Festival 0 5,500 (2) 0 0 Safety Patrol Trips 1,500 500 (3) 1,500 1,000 Sister Cities Committee 2,500 4,000 6,000 3,000 Old School Square First Night 6,000 8,000 20,000 8,000 Atlantic High Band 1,500 0 0 0 Palm Beach County Day 250 0 0 0 Sponsorship Palm Beach Int'l Film Festival 5,000 0 0 0 WARC (Soul of Delray) 0 0 10,000 0 Contingency 2,060 50 4,250 ~_~OTAL [ $60,1t0 J $S4,000 J $138,000 J SSt,2S0 J (1) Funding in the Planning and Zoning Department Budget (2) Cash plus contributed in 12/00 event overtime. (3) $250 per school with stipulation to offset cost of one student to go on trip, identify one child vemus to offset costs of all attending trip (4) Funding in the Community Impmvernent Budget EXHIBIT B GRAN'~S FISCAL YEAR 2001-2002 Organization FY 1999 FY 2000 FY 2001 FY 2002 FY 2002 Funding Funding Funding Amount Amount R~qum~l Recommend Economic Development (C of C) 20,534 25,000 25,000 25,000 25,000 Pineapple Grove Main Street 30,000 30,000 30,000 40,000 30,000 Econ. Incentive - ABC Carpet 56,282 26,500 26,500 29,940 29,940 Joint Venture 40,000 40,000 40,000 40,000 40,000 SUB-TOTAL $146,816 $121,500 $121,500 $134,940 $124,940 A~d to Victims of Domestic Assault (AVDA) 20,000 20,000 20,000 25,000 20,000 The Association of Retarded Citizen (ARC) 3,000 .3,000 3,000 5,000 3,000 Boy's & Girls Club of Palm Beach Co. 40,000 40,000 35,000 (1) 45,000 35,000 Community Child Care Center of Delray Beach 27,500 25,000 25,000 (2) 30,000 25,000 (7) Deaf Service Center 7,000 7,000 7,000 10,000 5,000 Drug Abuse Foundation 12,500 25,400 (3) 25,300 (3) 30,000 25,750 (3) EPOCH 20,000 20,000 25,000 40,000 25,000 Fdends of Sandoway HoUse 33,000 (4) 36,000 (4) 28,000 35,000 25,000 Girl Scouts of Palm Glades 0 Council, Inc. 0 0 0 1,800 Green Market 2,500 0 Mae Volen Senior Center 1,000 0 0 30,000 0 Palm Beach Photographic Center 0 0 0 75,000 0 School District Palm Beach County Child Care Program 23,800 30,000 30,000 70,470 30,000 Urban League 5,000 5,000 5,000 5,000 4,000 (8) Wayside House 6,000 6,000 6,000 8,000 6,000 Visions 2010 0 0 10,000 0 0 Contingency 1,006 4,520 2,500 6,000 SUB-TOTAL $199,806 $221,920 $221,800 $410,270 $209,750 TOTAL I 6,622 [ 743,4201 3,300t sMs,2 oI $334,6901 (1) Additional CDBG contribution, $40,000 (2) Additional CDBG contribution, $18,000 (3) Funding for Drug Abuse Foundation is distributed via Chris Evert Charities - $20,000 per year, funding in Tcrmis Stadium Account (4) Additional $8,000 given to Sandoway House in FY 2000 and 1999 to help pay contract settlement (5) Additional CDBG contribution, $12,000 (6) Additional CDBG contribution $22,000 (7) Additional CDBG contribution $12,000 EXHIBIT C GRANTS FISCAL YEAR 2001-2002 Agency Amount Total Budget Other Net Assets Number Number Requested Funding (Undesignated)) Served Served Delray Beach ResMents Chamber of 25,000 Commerce Pineapple 40,000 172,500 Yes 12,960 Grove Main Street ABC-Carpet 29,940 Joint Venture 40,000 AVDA 25,000 1,109,604 Yes 527,046 183 shelters 2,719 123 110,966 school programs Association 5,000 5,200,000 Yes (71,610) 220 families 81 Retarded 1,531 ind. Citizens Boy's & 45,000 314,925 Yes 3,270,917 650 600 Girl's Club 4,370,509 * Community 30,000 1,750,000 Yes 4,474,865 217 children 364 Child Care 235 adults Center Deaf Service 10,000 558,978 Yes 226,760 23,500 2,400 Center Drug Abuse 30,000 6,697,906 Yes 2,665,970 336/mo. 124 Foundation EPOCH 40,000 218,000 ops. Yes ? See report See report 209,839 cap. Friends of 35,000 153,900 Yes 84,850 6,000 4,500 Sandoway House Girls Scouts 1,800 1,826,072 Yes 3,959,016 12,105 262 of Palm Glades Council Green Market 2,500 Mae Volen 30,000 6,231,396 Yes 2,600,652 18,600 2,300 Senior Center Palm Beach 75,000 858,000 0 ? ? ? Photographic Centre School 70,470 33.8 million Yes N/A 10,100 522 District Palm Beach County Urban League 5,000 228,500 Yes 315,685 770 97 Wayside 8,000 1,276,965 Yes 1,228,433 130 68 House * overall agency budget MEMORANDUM TO: FROM' THROUGH' SUBJECT: DATE: Robert A. Barcinski Assistant City Manager Regina Frazier ~ Budget Administrat ~t~..~_~ Joseph M ~ Director of Firta~¥e' Applications for Special Event Funding for Fiscal Year 2001-02 July 31, 2001 Attached are the applications for Special Event funding for Fiscal Year 2001-02 for review and recommendation from the committee A summary of those requesting agencies is listed in the table below. Per City Policy Number GA-23, one of the conditions for funding consideration ~s that recipient organizations submit Status reports to the City Manager, therefore, we have also ~ncluded whether or not these organizations met th~s condition Additionally, Section GA-23.1.7. of the policy states, "the total special event funding should not exceed $50,000 annually, ~{FYi~OI~O2,Bu~I Agency" Event ~ Requested Status Repo~ ~ (if specified) Fundin~ Submiffed Chamber of Commerce* v Christmas Parade $3,000 No Delray Beach Festival Garlic Fest $20,000 N/A~did not receive Assoc~abon, Inc , FY 00-01 funding Delray Beach Joint Venture* ~ ChnstmasTree $25,000 No Delray Beach Miyazu Student Exchanges; $6,000 No S~ster Cities Committee ~ 25th Anniversa~ Celebration; Hosting State Sister Cities Conference Palm Beach Photographic ~ FOTOFusion $50,000 No Centre MaRin Luther King Jr. ~ Same $500 Yes National Holiday Celebrabon Old School Square* / F~rst Night Delray 2002 $20,000 No Orchard View Elementa~ / Safety Patrol Trip $500 No Plumosa Elementa~ v Safety Patrol Tnp $500-$1,000 Yes West Atlantic Redevelopment The Soul of Delray $10,000 N/A~id not receive Coalition (WARC) FY 00-01 fundin~ *Did not submit formal application requesting funding for FY 01-02. /sam cc, David T. Harden, City Manager MEMORANDUM TO. Robert A. Barcinski, Assistant City Manager FROM: Regina Frazier, Budget Administrat~ THROUGH: Joseph M. ector of Finance SUBJECT' Applications for Charitable and Benevolent Funding for F~scal Year 2001-02 ~'/~ DATE. July 31,2001 Attaclled are the apphcabons for Chantable and Benevolent funding for F~scal Year 2001-02 for review and recommendation from the committee A summary of those requesting agencies is listed in the table below. Per C~ty Policy Number GA-23, one of the conditions for funding consideration is that recipient organizations submit Status reports to the City Manager, therefore, we have also included whether or not these c~rganizations met this condition. Additionally, Section GA-23 I 6 of the policy states, "the total charitable and benevolent contribution funding for eligible requesting agencies should not exceed 1% of the Ad Valorem Tax revenue annually." One percent of the operating millage for FY 01-02 ~s $261,160. (FY 0 4:)2 BUd~letln~.iudes;,~or these Requests) ,, ,, ...... ** - .... First Status Requested Report Submitted Acjency Fundin~l (due 04-09-01) Aid to Vicbms of Domestic Assault (AVDA) ,/ $25,000 Yes The ARC of Palm Beach County (formerly The Association $5,000 No for Retarded C~t~zens) ,¢ Boys and G~rls Clubs of Palm Beach County, Inc. $85,000* Yes v/ *($45,000 from General Fund) Community Child Care Center '/ $30,000 Yes Deaf Service Center ¢/ $10,000 Yes Drug Abuse Foundation of Palm Beach County ,../ $30,000 N/A--received funding through Fund 113--report not required Expanding and Preserving our Cultural Heritage, Inc $40,000 Yes (EPOCH) v The Friends of Sandoway House Nature Center, Inc. ¢' $35,000 Yes Girl Scouts of Palm Glades Council, Inc $1,800 N/A--did not receive FY 00-01 funding Mae Volen Senior Center, Inc ~.. $30,000 N/A--d~d not receive FY 00-01 funding Palm Beach Photographic Centre V/ $75,000 N/A--d~d not receive FY 00-01 funding School District of Palm Beach County Child $70,470 No Care Program ~ Urban League of Palm Beach County, Inc. v' $5,000 Yes Wayside House $8,000 Yes TOTAL :' "~ TM ''~ ..... · $494 570; ' ' ' FY 0~!-02 CHARITABI-~EiAND~BENEVOLEN~UNDING:REQUES?S ~ , .... "¢ ...... ~'*"~ .::~ (R trail o ) , eq uests'do no under :'! ~ of Ad ValoremTax maximum - , ,~! , %,' Requested First Status Report Submitted Agency Funding (due 04-09-01) .Pineapple Grove Main Street, Inc $40,000 No Joint Venture (for July 4th Celebration)* $40,000 No TOTAL ~ ' :?, ",'~ ::'"';~' ~ '":i;;~i~"~i~':'! ~'~!!?~!' /*~ ,';~'~ :'-.,;:,~'; '1 ~ :'$80;000 NOTE: $70,000 is included' in'the proposed budget for these two or~lanizations. .) *Did not submit formal application requesting funding for FY 01-02. /sam cc David T Harden, C~ty Manager I:ITY OF DELRIlY BEI:II:H DELRAY BEACH FROM: 1993 2001 DATE: 100 N W. 1st AVENUE MEMO DUM David T. Harden, City Manager -.~obert A. Barcinski, Assistant City Manager September 12, 2001 DELRAY BEACH FLORIDA 33444 SUBJECT: AGENDA ITEM CITY COMMISSION MEETING SEPTEMBER 19, 2001 SPECIAL EVENT APPROVAL - ART & JAZZ ON THE AVENUE ACTION ~mmission is requested to endorse the next Art & Jazz on the Avenue scheduled for October 18, 2001 from 6:00 p.m. to 11:00 p.m., to grant a temporary use permit per LDR Section 2.4.6 (H) for the closure of Atlantic Avenue from Swinton to N.E. 7th Avenue, the south side of Atlantic Avenue from N.E. 7th Avenue to just past the Blue Anchor Pub, Railroad Drive from Atlantic to N.E. 2nd Street and the use of Veterans Park, and to authorize staff support for security and traffic control, banner hanging and removal, barricade set up and removal, clean up, use and set up of City stages. 561/243-7000 BACK6ROUND Attached is a request for approval and City assistance for this event from Marjorie Ferrer. This event this year will also include the All America City Celebration, which will include a parade along Atlantic Avenue. The estimated overtime cost for this event is $7,300. City Commission capped the amount the City would pay for overtime at $6,500 for the last event. Actual overtime costs for July's event were $7,130. A copy of the certificate of insurance, hold harmless agreement, and budget are attached. The Joint Venture is requesting that all overtime be waived. This is not a new event. tafCfOMMKNDATION recommends endorsement of the event, approval of the temporary use permit and street closure, staff support as requested, use of stages and City barricades, and consideration of waiving all overtime due to the fact that the All America City Celebration will be part of this event. RAB/tas CC: Lt. Oeoff Williams Joe Weldon Harold Bellinger Asst. Chief John Tomaszewski File:U.SWEENEY/EVENT Doc'Art & Jazz October2001 Prtnted on Recycled Paper THE EFFORT ALWAYS MATTERS September 10, 2001 atlantic Mr. Robert A. Barcinski, City of Delray Beach 100 N.W 1st Avenue Delray Beach, FL 33444 RE' AGENDA ITEM - CITY COMMISSION APPROVAL SPECIAL EVENT REQUEST - ART & JAZZ ON THE AVENUE Dear Mr. Barcinski: City Commission is requested to endorse the Art & Jazz on the Avenue event scheduled for Thursday, October 18, 2001 and to grant a temporary use permit per LDR'S section 2.4.6(H) for use of City property and right of way. We are requesting street closure on Atlantic Avenue from: o Swinton Avenue to 7th Avenue o South side of Atlantic Avenue from 7th to just past the Blue Anchor Pub o Railroad Way from Atlantic Avenue to N.E. 1st Street o NE 2r~ Avenue from Atlantic Avenue to NE 2nd Street o Temporary Closure from 6:00 p.m. Atlantic High School Marching Band will begin the Ali-America City Celebration with a parade, beginning at Veterans Park, going west on Atlantic Avenue, turning right on NE 2"d Avenue and ending near NE 4th Street. This will be a "parade moving closure", estimated time 6:00 to 6:30 p.m for those areas outside the street closure request for the event. Closure of Atlantic Avenue and NE2nd Ave for the event will be from 6:00 p.m. to 11:00 p.m. We are requesting that the City provide staff support for barricade setup and removal, trash removal and clean up, police security for traffic control, monitoring the FEC railway crossing, stage use setup and removal, and banners and signage setup and removal. The City support of this event, with no charge to the Joint Venture, is crucial to our success. Your consideration and cooperation is very much appreciated. Sincerely, / MARJORIE FERRER ~ Downtown Coordinator /sk DELRAY BEACH JOINT VENTURE * Commumty Redevelopment Agency · Delray Beach Chamber of Commerce * Downtown Development Authority 64-A S E Frith Avenue, Delray Beach, FL 33483 · Tel 561-278-0424 · 561-278-0555 · www.delraybeachwllagebythesea com .~ C ORD. CERTIFICATE OF LIABILITY INSURANCF ¢ I ol/zo/ol THIS CEt~TIFIOATE IS iSSUED AS A MATTER OF INFORMATION The Plastridg~ Agency, ~n~. Delr~¥ BEach FL 3344? Phone:561-276-5221 Faz:561-276-5244 ONLY AND CONFERS; NO RII31-JT8 UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DDES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE PQLICIES BELOW, I;J~;UR~R A INSURERS AFFORDING COVERAGE COVERAGES THE P~LiCIE.~ OF INSURANOE LISTED EELOW PAVE BEEN ISSUED TO THE INSURED NAMED ,ADOV~ FOR THE POLICY PERIOD INDICATED. NO'I~Vi'TH$'TAN'DiNG ' - ANY REQUIREMENT, T£R~ OA CONDITION OF ANY CONTF,',AcT O~ OTHER DOCUMENT WITH RE~PEC'I' TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSUFcANCE AFFO'~DED BY THE PObCiE$ DESCRti~ED HEREIN 18 SUBJECT TO ALL THE TERMS, EXCLU$1ON~ AND CONO1TIONS Off SUCH POLICIES. AGGREGATE LIMI'T~ SHOWN MAY HAVE ~EEN REDUCED BY PAID CLAIMS L'T'A I T?_...PE OF IN..~UI~ANC~ . PO_ICY H_UMB~R . ~0000 X~$500 BI/PD De~ I PE~SONALIADVINJUAY $ 2000000 A~ ALTO I r At 0w~o A[~S a~ILY [~URY J I I j E L D~ff. E~ EM~OYE~ $ '' CERTIFICATE HOLDER . i ~ ,J ADDITION.A. INSURED, iNSURER CANCELLATION City of Delra~ Bcagh 100 N.W. ist Avenue Delray ~aach FL 33483 ACORD ~s.~ I?mT) D~.LRA-X :S~Ot, LD ANY ,OF T;'-~ AnCJ'VE D'F$CRIJ~ED POODLES BE OANCELLED BE~RE THE ~X~I~TIO~ DAT~ 3NE~EQF, THE IB~UIN~ INSURE~ WI~ ENDEAVOR TO MAIL ~L DAY~ W~ITTEh NOTICE TO THE CERT~ICATE HOLDER N~D TO TH~ LE~, BiT FAILURE TO A JTH 0 PJ2,,~ D REP EF. SENT~ _ - F ~ ~homa. s ~. L'y'p., c.h ~ ~ ©A¢~Rb~RPOIb,.ATION t988 $ PI:CIA l:. E VENT HOLD }~,ARM[.E$$ .AGRF'~.~MEN'T The .Dov/n'~own ()el~v Be£ch%loinl~&/e:~!um in o.'ms;dm'~lJon of U~' paymeni oi ten (tO) do/tars, t~ce]ot ~t~d defend Ihe Cji), of D?]ra), ~e~ch, h.S ~e,als and employees from ~t] S'O~lS, -" ' ;at]d c:~in~s Jnduchng [:[~ortie),'s fees ~nd '; ailomey:s fees cL (Name'of Fhis hademnffjc~lion [nci },o,o Hamffess [:nd Defend A~[eement is onlys.'" the e);lent insut~t]c~ rnain[ained b), Ule Dov,'nR~v/n De~m)' []~ch Joinl Venlu~ [s covered (Ple2-se type or print n~m-~) MEMORANDUM TO: FROM: THROUGH: SUBJECT: DATE: David T. Harden, City Manager Regina M. Frazier, Budget Administrato(~ Joseph M. Safford, Finance Director Year End Budget Amendment for FY 00/01 September 13, 2001 Attached please find Resolution Number 59-01 which amends the budget for Fiscal Year 2000/01. Also attached is backup documemation for your review. Please let me know if you have any questions. cc: Rebecca O'Connor, Treasurer (1) Departmental Line Transfer (3) Interfund/Interdepartmental Transfer City of Delray Beach Budget Transfer Form (5) Requested By: Re~,ina M. Frazier.. Budget Administrato~e~J (2) Date (4) Batch Number PROJECT # (6) ACCOUNT NUMBER (7) DESCRIPTION (8) TRANSFER OUT (9) TRANSFER IN (1) 001-0000-311.10-00 Current Ad Valorem Taxes 160,000 001-0000-313.10-00 Franchise Fees - Electric 200,000 001-0000-313.20-00 Franchise Fees - Telephone 19,000 001-0000-313.61-00 Franchise Fees - Towing 35,000 001-0000-322.10-00 Building Permits 68,000 001-0000-335.12-00 State Revenue Sharing 34,000 001-0000-342.40-00 Police Security Services 32,000 (2) 001-2111-521.12-10 Regular Salaries 6,000 001-2113-521.12-10 Regular Salaries 12,000 001-2115-521.12-10 Regular Salaries 85,000 001-2117-521.12-10 Regular Salaries 50,000 001-2119-52 I. 12-10 Regular Salaries 56,000 001-2121-521.12-10 Regular Salaries 56,000 (3) 001-2315-526.12-10 Regular Salaries 40,000 (4) 001-6111-519.31-90 Other Professional Services 28,000 (5) 001-6111-519.49-20 Bad Debt Expense 20,000 (6) 001-9111-581.91-50 Transfer to Garage Fund 275,000 (10) TOTAL 588~000 588,000 JUSTIFICATION: (l) To increase revenues bayed on current actuals. (2) To cover bonuses and increases in Police Salaries due to the approval of the new contract. (3) Surplus due to staff vacancies. (4) To cover the cost of property appraisals for the proposed school/soccer field site. (5) To cover increase in bad debt expenses. (6) To fund the purchase of 10 new Police take-home vehicles. Department Head Asst City Manager Finance Director City Manager (1 I) Budget Revision Date (13) Period ORIG. INAL - BUDGET CANARY - PROJECT FILE (12) Control Number (14) Count PINK - DEPARTMENT RESOLUTION NO. 59-01 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING RESOLUTION NO. 71-00 ADOPTED SEPTEMBER 19, 2000, AND RESOLUTION 32-01 ADOPTED MAY 1, 2001, WHICH MADE APPROPRIATIONS OF SUMS OF MONEY FOR ALL NECESSARY EXPENDITURES OF THE CITY OF DELRAY BEACH, FLORIDA, FOR THE FISCAL YEAR 2000/2001, BY SETTING FORTH THE ANTICIPATED REVENUES AND EXPENDITURES FOR THE OPERATING FUNDS OF THE CITY FOR THE FISCAL YEAR 2000/2001; REPEALING AT J, RESOLUTIONS INCONSISTENT HEREWITH. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Section 1 of Resolution No. 71-00 adopted by the City Commission of the City of Delray Beach, Florida, on September 19, 2000, and Resoluuon No. 32-01 adopted on May 1, 2001, are hereby repealed, and a new Section 1 is enacted and amended to read as follows: That the following sums of money, attached hereto and marked Exhibit "A", are hereby appropriated upon the terms and conditions herein set forth. Section 2. That, subject to the qualifications contained in this resolution, all appropriations made out of the General Fund are declared to be maximum, conditional and proporuonate appropriattons, the purpose being to make the appropriations payable m full in the amounts herein named if necessary and then only in the event the aggregate revenues collected and other resources available during the period commencing the 1st day of October, 2000, and ending the 3ffh day of September, 2001, for which the appropriations are made, are sufficient to pay all the appropriations in full. Otherwise, said appropriauons shall be deemed to be payable in such proportion as the total sum of realized revenue of the General Fund is to the total amount of revenues estimated by the City Commission to be available m the period commencing the 1 st day of October, 2000, and ending the 30~ day of September, 2001. Section 3. That all balances of the appropriations payable out of the General Fund of the City Treasury unencumbered at the close of business on the 30th day of September, 2000, except as otherv~se provided for, are hereby declared to be lapsed mto the City Treasury and may be used for the payment of the appropriations which may be made in any appropriatton for the fiscal year commencing the lS~ day of October, 2000. However, nothing m this section shall be construed to be applicable to unencumbered balances remaining to the credit of the Water and Sewer Fund, Samtation Fund or any Fund created by the setting up of specml revenue, but such balances shall be used in financing the proposed expenditures of these Funds for the fiscal year commencing the 1st day of October, 2000. Section 4. That no department, bureau, agency or individual receiving appropriations under the prov~sxons of this resolution shall exceed the amount of its appropriauon, except with the consent and approval of the City Commission first obtained. If such department, bureau, agency or individual shall exceed the amount of ~ts appropriation w~thout such consent and approval of the City Commission, the administrative officer or individual, in the discretion of the C~ty Commission, may be deemed guilty of neglect of official duty and may be subject to removal therefor. Section 5. That nothing in this resolution shall be construed as authorizing any reduction to be made m the amounts appropriated m this resolution for the payment of interest on, or retirement of, the debt of the City of Delray Beach, Florida. Section 6. That none of the monies enumerated in this resolution in connection with the General Fund, Water and Sewer Fund, Samtafion Fund or any other Fund of the City shall be expended for any purposes other than those for which they are appropriated, and it shall be the duty of the Budget Adrmmstrator and/or Finance Director to report known violations of this section to the City Manager. Section 7. That all monies collected by any department, bureau, agency or individual of the Cxty government shall be paid promptly into the City Treasury. Section 8. That the foregoing budget xs hereby adopted as the official budget of the C~ty of Dekay Beach, Florida, for the aforesaid period. However, the restrictions with respect to the expenditures/expenses of the funds appropriated shall apply only to the lump sum amounts for classes of expenditures/expenses which have been included in th~s resoluuon. Section 9. That public heatings were held on the tax levy and the budget on September 7, 2000, and September 19, 2000. Section 10. That this resolution shall become effective immediately upon passage. PASSED AND ADOPTED in regular session on this the 192 day of September, 2001. ATTEST: MAYOR City Clerk -2- Res. No. 59-01 Exhibit A BUDGET SUMMARY CITY OF DELRAY BEACH, FLORIDA FISCAL YEAR 2000-2001 CASH BALANCES BROUGHT FORWARD ESTIMATED REVENUES: TAXES AD VALOREM TAXES AD VALOREM TAXES AD VALOREM - DELINQUENT AD VALOREM - DDA Sales & Use Taxes Franchise Taxes Utility Taxes Licenses & Permits Intergovernmental Charges for Services Fines & Forfeitures Miscellaneous Revenues Other Financing Sources TOTAL REVENUES AND OTHER FINANCING SOURCES TOTAL ESTIMATED REVENUES AND BALANCES Millages 7.26 0.69 1.00 GENERAL FUND DOWNTOWN DEVELOPMENT ENTERPRISE FUND FUNDS 1,803,054 60,520 7,808,972 23,736,020 2,221,170 64,380 1,560,400 3,550,600 6,575,000 2,441,310 6,169,810 4,963,690 703,100 3,074,000 2,968,910 58,028,390 59,831,444 140,080 6,000 146,080 206,600 113,070 28,533,750 1,481,098 770,323 30,898,241 38,707,21~3 SPECIAL REVENUE FUNDS 1,480,451 1,304,520 101,400 25,130 48,180 1,432,180 2,911,410 4,391,861 TOTAL 11,152,997 23,736,020 2,221,170 64,380 140,080 1,560,400 3,550,600 6,575,000 2,441,310 7,587,400 33,598,840 728,230 4,609,278 5,171,413 91,984,121 103,137,118 EXPENDITURES/EXPENSES: General Government Services Public Safety Physical Environment Transportation Economic Environment Human Services Culture & Recreation Debt Service Other Financing Uses TOTAL EXPENDITURES/EXPENSES Reserves TOTAL EXPENDITURES AND RESERVES 6,242,758 32,220,264 330,555 1,372,658 1,762,859 131,000 7,811,025 5,040,560 4,919,684 59,831,363 81 59,831,444 206,600 206,600 0 206,600 23,332,689 4,046,692 5,944,890 5,079,700 38,403,971 303,242 38,707,213 59,870 2,856,622 1,003,550 297,130 4,217,172 174,689 4,391,861 6,242,758 32,280,134 23,663,244 1,372,658 4,826,081 131,000 12,861,267 10,985,450 10,296,514 102,659,106 478,012 103,137,118 Res. No. 594)1 MEMORANDUM TO: FROM: SUBJECT: MAYOR AND CITY COMMISSIONERS CITY MANAGER ~ AGENDA ITEM # ~,~ - REGULAR MEETING OF SEPTEMBER 19, 2001 DATE: REJECTION OF BID/NE 4TM STREET FROM NE 2Nn AVENUE TO FEDERAL HIGHWAY SEPTEMBER 14, 2001 This is before the City Commission for authonzauon to reject the bid received from All-Rite Paving Contractors, Inc. for the NE 4~ Street improvements. This contract was not awarded because of concerns from abutting property owners. At the June 12~h Workshop, this item was discussed at length. It was the consensus of Commission to look for altemattves to constructing 3 lanes on NE 4th Street and the replacement of canopy trees as well as looking into underground utthfies. Now sixty days have passed since the bid was opened and the contractor has indicated that he is unwilling to hold the bid prtces. Recommend approval of the request to reject the bids received from All-Rite Paving Contractors, Inc. for the NE 4th Street improvements. Staff also needs darecuon as to how to proceed with this project. Ref'Agrnemol4 Bid Relecuon.NE 4~ Street.09.19.01 City Of Delray Beach Department of Environmental Services M E M 0 R A N D U M TO: FROM: DATE: SUBJECT: David T. Harden, City Manager Randal Krejcarek, P.E., City Engineer 13 Sep 2001 Rejection of Bids NE 4th Street - NE 2nd Avenue to Federal Highway (US1) Commission Agenda Item Project # 2000-003 The attached agenda item is for Commission approval to reject all bid for the above project. Sixty days have passed since this bid was opened and the contractor has indicated that he is not wilhng to hold the bid prices. Ali-Rite Paving Contractors, Inc. was the Iow bidder. This contract was not awarded because of concern from abutting property owners. These concerns were discussed at length during the July 2001 Commission Workshop meeting. Attached ~s a copy of the packet distributed at that workshop The main concern was whether the trees that Pine both sides of NE 4th Street are worth saving The proposed design, which has not changed since Lake Ida Road, Congress Avenue to NE 2nd Avenue, was widened, calls for a three-lane section to be built from NE 2nd Avenue to US Highway #1. The City built the section between the FEC tracks and US highway #1 a couple of years ago The C~ty has entered into an agreement with Palm Beach County for reimbursement of up to $240,000 00 for improvements along this corridor. The City also is working with FEC to ensure that the railroad crossing improvements match the proposed three-lane section. At the July Commission workshop a request was made to investigate the possib~hty of placing the overhead wires underground. Due to the size and location of the trees, any attempt to place these lines underground, even if the hnes are buried outside the rights-of-way, will require removal of the trees. The Seacrest/Del Ida Neighborhood Improvement Plan also shows sidewalk proposed alone the north side of this corridor A letter from Mark Valant, Green Edge, Inc. is also enclosed with this agenda request Mark's letter indicates that the existing trees in question are in poor condition. The attached map indicates the location of this project.. Please place this agenda item on the 18 Sep 2001 agenda. enc cc: Richard Hasko, P.E., Director of Env. Svcs. Joseph Safford, Finance D~rector File 2000-047 S'~EngAdmin~Projects~2OOO~OOO-OO3tOFFICIAL ~agendamemo 09-18-2001.doc August 6, 2001 Attn: Randall Krejcarek City of Delray Beach] Engineering Department 434 South Swinton Avenue Delray Beach, FL 33444 Re: NE 4th Street near railroad tracks Dear Mr. Krejcarek. The Mahogany trees (Swietenia Mahagoni) located at NE 4* Street near the railroad tracks have been examined and the following was noted: Trees are in poor condition. Appears to have wood boring infestation. If treatment hasn't been given to the tree the infestation could be attacking the center of the trunk at this point. The cambia has been damaged from possible cars hitting Jt several areas In addition much damage has been done to the trees from improper tree pruning. It is our recommendation the cost involved, and risk of transplanting the trees wouldn't be advantageous to the City of Delray. Please feel free to call if.you have any questions regarding this matter President I ,_ { __J i -- i !J I ,_~ ~ i i :, i ~ ---- ,"q F.' .... ,.~.t[I .~ Nil bTH ~T -~ : , r ~ I ~ ~ ' GEORGE [ lw~ i ' , D ~ , I , -p Z Z Z ~Z April 26, 2001 William F. Andrews 217 NE 4th Street Delray Beach, FI 33444-3828 Re: NE 4'h Street Widening Dear Property Owner: This letter is to inform you that the City of Delray Beach is proposing to widen the NE 4th Street roadway from 100 feet East of the intersection of NE 2nd Avenue and NE 4th Street to the FEC railroad tracks. The proposed improvements include the construcbon of three travel lanes, concrete curb and gutter, sidewalks on the North and South sides of street, and new concrete driveway aprons. In order to accommodate the roadway design, the existing mahogany trees w~ll be removed from the right-of-way. In addition, the utility poles will be relocated to the North and South right-of-way lines. The project is anticipated to begin August 1, 2001 and will take 90 days to construct. Additional notification of construction will be hand delivered by our Contractor pdor to construction. While the contractor has been instructed to minimize any inconvenience to you dudng construction, restrictions on vehicular access to your property for brief periods are anticipated. We will work to minimize these conditions as much as possible. If you have any questions or concerns regarding this project, please feel free to call me at 243-7322. Your cooperation in the improvement of our City is greatly appreciated. Sincerely Yours, Barron E. Caronite, PE Assistant City Engineer CC: F~le Randal Krejcarek, PE, City Engineer s:/engadminlprojects/2OOO/2OOO-OO31owner notification 4-29-01 William F. 217 )LE. 41 I)elr~ le~c, April 29, 20Ol 100 ~.W, lsl AVe, Delray Beach. Fl. 33,444 Dear Mr, Mayor Attael~t you ~ill find a le~er from you~ Caronita. I hope you will notice with p~l wide.ing of lq.E. 4rE Sr..et, will re.quire m~ogany trees p~ by ~Re o~pn~ i ~le semnd o~er of ~is pro~ I ~ I ~e pre~oUl o~er. Thee ~r~ ~e most Ir ~ou look at an atrial of be slZeeC you ~O the souV~ side o{ ~e s~ec whi~ ~ app~a~S Fede~ ~~y ~m ~e * ~ ~e ~u~ ~de to con~nue to 1 hope :lmu w'Rl ~ with me ~at ~e over a new sidewalk on the north side. People cominl frnm Del [da and lq.K. 3ri or to the po~t office. It's not tike we need tre ~lso moved to the sou~ aide, ~e non tree trimmers and continue to provide a on the north Iide,) I and it very dis~rbi sensitivity to histnric end beautiful lend ~ ~treet n.s~startt ~tty enfineer, Barton ,~ dis~st, as I have, th,t the ciW the Temovsl of sevenW year old ,eveloper of the streat in 1929, As onl~ Ly in lood shnpe. ·-ill find that lune widenin~ should occur line up pe~f~ectly with ',he lanes rest. Also there Is room f~r The sicl~nfulk cas on the north side are wcn~ earing ,~erc really is no .~d ~r ~o ~d~lh. ~ ~ss o~r at ~i~ m go a~i~ ~t ~e ~ con~te. If ~e u~iW [tn~ side ~s ~n be ~pt ~m the u~l~ b~ti~l ~nopy for the road, (at ~ ~pin{ when opd~ ~t I also appeers ~lt a corttrs~ hms already ~ le~ by' the ef~y. Pleese stop This ins&ni~y end presets some of what w~ k~zve now. CC: David Hm~len, Ci~ Manager Lily Comlrlts fioners I-Ii$coric Preserv&slor~ Board ~lcmba rs R2000 I 27 CITY OF DELRAY BEACH AND PALM BEACH COUNTY INTERLOCAL AGREEMENT THIS AGREEMENT, is made and entered into this __ day of __ ~£P Z~ ~ , 2000, by and between the City of Delray Beach, a political subdivision of the State of Florida, hereinafter "CITY", and PALM BEACH COUNTY, a political subdivision of the State of Florida, hereinafter "COUNTY". WI TNES SETH : WHEREAS, the CITY and the COUNTY are authorized to enter into this agreement pursuant to Section 163.01, Florida Statutes, as amended, which permits local governmental units to make the most efficient use of their powers by enabling them to cooperate with other localities on a basis of mutual advantage; and WHEREAS, the CITY desires roadway and drainage improvements along Lake Ida Road/N.E. 4th Street, from Swinton Avenue to Federal Highway (US1), hereinafter "PROJECT"; and WHEREAS, the COUNTY is prepared to financially assist the CITY through a reimbursement process as the PROJECT progresses; and WHEREAS, the PROJECT is located entirely within the corporate limits of the CITY; and WHEREAS, the Florida Department of Transportation's (FDOT) records list the COUNTY as having jurisdiction of Lake Ida Road/N.E. 4th Street from Swinton Avenue to Federal Highway (US1); and WHEREAS, the FEC Railroad has a Maintenance Crossing Agreement with the CITY for this same section of road; and WHEREAS, the CITY and the COUNTY mutually agree under the terms of this agreement that it is in the public interest to clarify the jurisdiction, control, title, interest, and maintenance -I- responsibility of Lake Ida Road/N.E. 4th Street from Swinton Avenue to Federal Highway (US1) to be solely the CITY's responsibility upon execution of the Agreement. WHEREAS, both the CITY and the COUNTY declare that it is in the public interest that the PROJECT be considered and implemented as a joint effort; and NOW, THEREFORE, for and in consideration of the mutual covenants contained herein, the parties agree as follows: 1. The recitals set forth above are hereby adopted and incorporated in this agreement. 2. The CITY agrees to: A. Be solely responsible for the jurisdiction, control, title, interest, and maintenance of Lake Ida Road/N.E. 4th Street from Swinton Avenue to Federal Highway (U.S. 1} immediately upon full execution of this agreement. B. Accomplish the design, permitting, any required railroad coordination, and construction of the improvements to Lake Ida Road/N.E. 4th Street as described as the PROJECT in paragraph 2.B. (1) below and with the time frame described in paragraph 2.B.(2) below. {1) The PROJECT shall consist of improvements that may include, but are not limited to, adding turn lane(s), paving, curb and gutter, drainage (including repairs), sidewalks, signing, striping and other appurtenances needed to construct a safe corridor. Although the CITY cannot control the maintenance scheduling of the railroad, it is the CITY's intent to coordinate improvements to the -2- railroad crossing with the PROJECT. The PROJECT limits shall be from NE 2nd Avenue to US 1. (2) The proposed time frame for the PROJECT is as follows: FY 2000/2001 - Design FY 2001/2002 - Construction C. Invoice the County for any eligible reimbursement items prior to August 15, 2003. (The intent of this is that the County would make any reimbursement payments prior to the 2002/2003 fiscal year ending date of September 30, 2003.) D. Be solely responsible for any PROJECT costs in excess of $240,000.00. 3. COUNTY agrees A. Concur that the jurisdiction, control, title, interest, and maintenance of Lake Ida Road/N.E. 4th Street from Swinton Avenue to Federal Highway (U.S. 1) is solely the CITY's responsibility effective immediately upon full execution of this Agreement. B. Reimburse,~subject to budget, the CITY for the CITY's costs of design and construction for the PROJECT improvements as defined in Paragraph 2, in an amount not to exceed $240,000.00. The County shall only have this reimbursement obligation for invoices received from the CITY prior to August 15, 2003. 4. The CITY shall submit no more frequently than monthly, invoices to the COUNTY, which will include a reference to this -3- Agreement, identify the project, include the CITY's expenditure since the last invoice as well as the accumulative total expenditure for the PROJECT, and identify the amount due and payable to the CITY. Invoices shall be itemized in sufficient detail for pre-payment audit thereof and shall be supported by copies of the corresponding paid vendor invoices and substantiated proof of payment and performance. The CITY shall supply any further documentation deemed necessary by the COUNTY. Invoices received from the CITY will be reviewed and approved by the County Engineer's Office, indicating that expenditures have been made in conformity with this Agreement and then will be sent to the COUNTY's Finance Department for final approval and payment. Invoices will normally be paid within thirty (30) days following approval. 5. The CITY shall maintain adequate records to justify all charges, expenses, and costs incurred in performing the work for at least three (3) years after completion of the projects. The COUNTY shall have access to all books, records, and documents as required in this section for the purpose of inspection or audit during normal business hours. ~. 6. The COUNTY and the CITY agree that no person shall, on the grounds of race, color, sex, national origin, sexual orientation, handicap or religion, be excluded from the benefits of or be subjected to any form of discrimination under any activity carried out by the performance of this Agreement. The CITY will ensure that all contracts for the PROJECT executed pursuant to the terms of this Agreement, will contain a similar non-discrimination and equal opportunity clause governing the contractor's activities. -4- 7. The COUNTY and the CITY agree to be solely responsible for any third party claim, liability, lawsuit, and damage award arising out of their own negligence in the performance of this Agreement for acts, or decisions of that party that are totally within the purview of that party or are the responsibility of that party under this Agreement. The foregoing shall not constitute a waiver of sovereign immunity beyond the limits set forth in Florida Statutes, Section 768.28, nor shall the same be construed to constitute agreement by any party to indemnify any other party for such other party's negligent, willful, or intentional acts or omissions. 8. At all times during the term of any contract, between the CITY and a contractor, that is executed for the PROJECT, after execution of this Agreement and pursuant to its terms, said contractor shall maintain in force Comprehensive General Liability Insurance, Property Damage Insurance, Workerts Compensation Insurance, and Vehicle Liability Insurance in the amounts required in the bid documents and requirements prepared by the CITY. The COUNTY and the CITY shall be named as additional insured parties to such insurance. (Intentionally left blank) -5- 9. All notices required to be given under this shall be addressed to: COUNTY Palm Beach County Department of Engineering and Public Works Attn: Assistant County Engineer Post Office Box 21229 West Palm Beach, Florida 33416-1229 CITY City Manager City of Delray Beach 100 N. W. First Avenue Delray Beach, Florida 33444 Agreement 10. This Agreement represents the entire understanding between parties, and supersedes all other negotiations, representations, or agreement, either written or oral, relating to the subject matter of this Agreement. 11. In the event that any portion of this Agreement shall be held invalid for any reason, such invalidity shall not affect the remaining portions of this Agreement and the same shall remain in full force and effect. 12. This Agreement will be governed by all applicable State and local laws. ~ 13. A copy of this Agreement shall be filed with the Clerk of the Circuit Court in and for Palm Beach County, Florida. (Intentionally left blank) -6- IN WITNESS WHEREOF, the parties hereto have executed this Agreement and it is effective on the date first above written. CITY OF DELRAY BEACH, BY ITS CITY COMMISSION MAYOR ~hf~ DATE R2000 14a7 SEP Z ~ 2~ PALM BEACH COUNTY, FLORIDA BY ITS BOARD OF COUNTY COMMISSIONERS CHAIR DATE ATTEST: CITY CLERK APPROVED AS TO FORM AND LEGAL SUFFICIENCY: _qITY ATTORNEY -7- -1 ri ,j ,1 Z 0 0 I,- ~cENSE L~NE I t~ I Agenda Item No. ~' AGENDA REQUEST Date: 13-Sep-2001 Request to be placed on: X Regular Agenda Special Agenda Workshop Agenda When: 18-Sep-2001 Description of item (who, what, where, how much): The attached agenda item is for Commission approval to reject all bid for the above project. Sixty days have passed since this bid was opened and the contractor has indicated that he is not willing to hold the bid prices. ORDINANCE/RESOLUTION REQUIRED: YES/NO DRAFT ATTACHED YES/NO Recommendation: Staff recomme,.Dds approval of rejection of bids. Department head signature ~'~~1'~ Determination of Consistency with Comprehensive Plan: City Attorney Review/Recommendation (if applicable)i Budget Director Review (required on all items involving expenditure of funds): Funding available: YES/NO Funding alternatives Account No. & Description Account Balance .(if applicable) City Manager Review: Approved for agenda:,..,4 A Hold Until: Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved S:~EngAdmintProjectst2OOOt2OOO-OO3tOFFICIALtagenda 09-18-2001 doc August6,2001 Attn: Randall Krejcarek City of Delray Beach] Engineering Department 434 South Swinton Avenue Delray Beach, FL 33444 Re. NE 4th Street near railroad tracks Dear Mr. Krejcarek: The Mahogany trees (Swietenia Mahagoni) located at NE 4m Street near the railroad tracks have been examined and the following was noted: Trees are in poor condition. Appears to have wood boring infestation If treatment hasn't been given to the tree the infestation could be attacking the center of the trunk at this point The cambia has been damaged from possible cars hitting it several areas. In addition much damage has been done to the trees from improper tree pruning. It is our recommendation the cost involved, and risk of transplanting the trees wouldn't be advantageous to the City of Delray, Please feel free to call if.you have any questions regarding this matter. President MEMORANDUM TO: FROM: SUBJECT: DATE: MAYOR AND CITY COMMISSIONERS CITY MANAGER ~, AGENDA ITEM REGULAR MEETING OF SEPTEMBER 19, 2001 AWARD AGREEMENT/NOVA INFORMATION SYSTEMS, INC. AND IMPERIAL BANK SEPTEMBER 14, 2001 This is before the City Commission to approve an agreement award to Nova Information Systems, Inc. and Imperial Bank for credit card services at the Dekay Municipal Golf Course pro shop and Lakemew Golf Course pro shop. This will allow customers to use major credit cards as payment at both sites. NOVA and Imperial Bank will provide processing for the City at a cost of 1.59% and a transaction fee of twenty cents per item. The City Attorney has reviewed and approved the agreement. Recommend approval of the Government Merchant Processing Agreement between the City and NOVA Informauon Systems, Inc., and Imperial Bank. Ref'Agrnemol 1 Agreement NOVA Imperial Bank MEMORANDUM To: From: Subject: David T. Harden, City Manager Joseph M. Safford, Director of Finane~ ~ Nova - Credit Card Processing Date: August 23, 2001 The new POS and Tee Time reservation software for the Delray Beach Golf Club and Lakeview Golf Club requires that credit authorization for Visa/MasterCard payments be made via the Intemet using the NOVA network. We currently have a contract that expires February 17, 2003 with Unified Merchant Services (UMS) for credit card services; however, UMS is not certified to use the NOVA network. Staff has contacted UMS to see if there are any breakage fees and have been advised that there will not be any as long as our other sites are in operation. Staff also contacted NOVA Information Systems, Inc. for rates with respect to processing Visa and MasterCard credit and debit card payments received at these two sites. NOVA will charge a discount fee of 1.59% and a transaction fee of $0.20 per item for credit transactions and .40/item for debit transactions. The term of service is for a three-year period. The new fee structure will result in no additional annual cost to the City. We have attached the following three agreements with NOVA Information Systems, Inc. and Imperial Bank (NOVA uses Imperial Bank as a clearing/settling bank) and recommend the execution thereof since NOVA is a sole provider. C: Robert A. Barcinski, Asst. City Manager Brahm Dubin, Dubin & Associates Mary Beth Birsky, General Manager R.S. O'Connor, Treasurer GOVERNMENT MERCHANT PROCESSING AGREEMENT This Merchant Processing Agreement ("Agreement") is entered into as of the date set forth below, by and among City of Delray Beach ("Merchant" or "you"), NOVA Information Systems, Inc., a Georgia corporation ("NOVA") and Imperial Bank, Redondo Beach, CA, a national banking association ("Member"). Recitals ho Merchant desires to accept credit cards validly issued by members of Visa U.S.A., Inc. ("Visa") and MasterCard International, Incorporated ("MasterCard") ("Cards"). NOVA and Member desire to provide credit card processing services to Merchant. Therefore, Merchant, NOVA and Member agree as follows: Terms and Conditions 1. Honoring Cards. A. Without Discrimination. You will honor, without discrimination, any Card properly tendered by a Cardholder. "Cardholder" means a person possessing a Card and purporting to be the person in whose name the Card is issued. B. Cardholder Identification. You will identify the Cardholder and check the expiration date and signature on each Card. You will not honor any Card if: i. the Card has expired, ii. the signature on the sales draft does not correspond with the signature on the Card, or iii. the account number embossed on the Card does not match the account number on the Card's magnetic stripe (as printed in electronic form) or the account number is listed on a current Electronic Warning Bulletin file. Unless permitted under the Laws and Rules (defined below), you will not require a Cardholder to provide personal information, such as a home or business telephone number, a home or business address, or a driver's license number, as a condition for honoring a Card. Card Recove _ry. You will use your reasonable, best efforts to recover any Card: i. on Visa Cards, if the printed four digits above the embossed account number do not match the first four digits of the embossed account number, ii. if you are advised by Member (or its designee), the issuer of the Card or the designated voice authorization center to retain it, iii. if you have reasonable grounds to believe the Card is counterfeit, fraudulent or stolen, or not authorized by the Cardholder, or iv. for MasterCard Cards, the embossed account number, indent printed account number and/or encoded account number do not agree, or the Card does not have a MasterCard hologram on the lower right comer of the Card face. Bank Service Provider for Imperial Bank Redondo Beach, CA D. Surcharges. You will not add any amount to the posted price of goods or services you offer as a condition of paying with a Card, consistent with the Laws and the Rules. This paragraph does not prohibit you from offering a discount to induce a person to pay by cash, check or similar means rather than by using a Card. E. Return Policy. You will properly disclose to the Cardholder, at the time of the Card transaction and in accordance with the Rules, any limitation you have on accepting returned merchandise. F. No Claim Against Cardholder. You will not have any claim against, or right to receive payment from, a Cardholder or any other customer in any Card transaction unless Member or NOVA refuses to accept the Sales Draft (as defined in Section 3) or revokes its prior acceptance of the Sales Draft (after receipt ofa chargeback or otherwise). You will not accept any payments from a Cardholder relating to previous charges for merchandise or services included in a Sales Draft, and if you receive such payments, you promptly will remit them to Member. G. Disputes With Cardholders. All disputes between you and any Cardholder relating to any Card transaction will be settled between you and the Cardholder. Neither NOVA nor Member bears any responsibility for such transactions. H. Employee Actions. You are responsible for your employees' actions while in your employ. 2. Authorization. A. Required on all Transactions. You will obtain a prior authorization via electronic terminal or similar device before completing any transaction. You will follow any instructions received during such authorization process. Upon receipt of authorization, you may consummate only the transaction authorized and must note on the Sales Draft the authorization number. Where authorization is obtained, you will be deemed to warrant the true identity of the customer as the Cardholder. B. Effect. Authorizations are not a guarantee of acceptance or payment of the Card transaction and will not waive any provision of this Agreement or otherwise validate a fraudulent transaction or a transaction involving the use of an expired Card. C. Unreadable Magnetic Stripes. If you authorize and present Card transactions electronically and your terminal is unable to read the magnetic stripe on the Card, you will obtain an imprint of the Card and the Cardholder's signature on the imprinted draft before presenting the Sales Draft to Member and NOVA for processing. 3. Presentment of Sales Drafts. A. Forms. You will use a sales draft or other form approved by Member and NOVA ("Sales Draft") to document each Card transaction. Each Sales Draft will be legibly imprinted with: i. Merchant's name and account number, ii. the information embossed on the Card presented by the Cardholder (either electronically or manually), iii. the date of the transaction, -2- vii. a brief description of the goods or services involved, the transaction authorization number, the total amount of the sale (including any applicable taxes) or credit transaction, and adjacent to the signature line, a notation that all sales are final, if applicable. B. Signatures. Sales Drafts must be signed by the Cardholder. The requirement for the Cardholder's signature on the Sales Draft will only be waived if the Card transaction is a valid mail/telephone order Card transaction which fully complies with the requirements set forth in this Agreement. C. Reproduction of Information. If the following information embossed on the Card and the Merchant's name is not legibly imprinted on the Sales Draft, you will legibly reproduce: i. the Cardholder's name, ii. account number, iii. expiration date, and iv. the Merchant's name and place of business. Additionally, for MasterCard transactions, you will legibly reproduce the name of the bank that issued the Card as it appears on the face of the Card. D. Delive _r5, and Retention of Sales Drafts. You will deliver a complete copy of the Sales Draft or credit voucher to the Cardholder at the time of the transaction. You will retain the "merchant copy" of the Sales Draft or credit memorandum for at least 3 years following the date of completion of the Card transaction (or such longer period as the Rules may require). E. Electronic Transmission. If you utilize electronic authorization and/or data capture services, you will enter the data related to a sales or credit transaction into a computer terminal or magnetic stripe reading terminal no later than the close of business on the date the transaction is completed. If you provide your own electronic terminal or similar device, such terminals must meet NOVA's requirements for processing transactions. Information regarding a sales or credit transaction transmitted with a computer or magnetic stripe reading terminal will be transmitted by you to NOVA or its agent in the form NOVA from time to time specifies, or as required under the Laws or Rules. If Member or NOVA requests a copy of a Sales Draft, credit voucher or other transaction evidence, you will provide it within 3 business days following the request. Deposit of Sales Drafts. A. Funds. i. Deposits. You agree that this Agreement is a contract of financial accommodation within the meaning of the Bankruptcy Code, 11 U.S.C. § 365, as amended from time to time. Subject to this Section, Member will deposit to the Merchant Account (defined in Section 6 below) all funds evidenced by Sales Drafts (whether evidenced in writing or by electronic means) complying with the terms of this Agreement and the Rules and will provide you provisional credit for such funds (less recoupment of any credit(s), adjustments, fines, chargebacks or fees). You acknowledge that your obligation to NOVA and Member for all amounts owed under this Agreement arise out of the same transaction as Member's obligation to deposit funds to the Merchant Account -3- ii. Provisional Credit. Notwithstanding the previous sentences, under no circumstance will Member or NOVA be responsible for processing credits or adjustments related to Sales Drafts not originally processed by Member and NOVA. All Sales Drafts and deposits are subject to audit and final checking by Member and NOVA, and may be adjusted for inaccuracies. You acknowledge that all credits provided to you are provisional and subject to chargebacks and adjustments in accordance with the Rules and if such credit are the subject of suspected fraud or a breach of this Agreement, whether or not a transaction is charged back by the Card issuer. B. Chargebacks. You are fully liable to NOVA and Member for all transactions returned to NOVA or Member for whatever reason, otherwise known as "chargebacks". You will pay NOVA and Member on demand the value of all chargebacks. You authorize NOVA and Member to offset from incoming transactions and to debit the Merchant Account, the Reserve Account, or any other account held at Member or at another financial institution the amount of all chargebacks. You will fully cooperate with NOVA and Member in complying with the Rules regarding chargebacks. C. Excessive Activity_. Your presentation to NOVA of Excessive Activity will be a breach of this Agreement and cause for immediate termination of this Agreement. "Excessive Activity" means, during any monthly period, chargebacks and/or retrieval requests in excess of one percent (1%) of the average monthly dollar amount of your Card transactions. You authorize, upon the occurrence of Excessive Activity, Member and NOVA to take additional actions as either of them may deem necessary, including, but not limited to, suspension of processing privileges or creation or maintenance of a reserve account in accordance with this Agreement. Do Credits. i. Credit Memoranda. ii. You will issue a credit memorandum, instead of making a cash advance, a disbursement or a refund on any Card transaction. Member will debit the Merchant Account for the total face amount of each credit memorandum submitted to NOVA. You will not submit a credit relating to any Sales Draft not originally submitted to NOVA, nor will you submit a credit that exceeds the amount of the original Sales Draft. You will, within the time period specified by applicable law, provide NOVA with a credit memorandum or credit statement for every return of goods or forgiveness of debt for services which were the subject ora Card transaction. Revocation of Credit. Member or NOVA may refuse to accept any Sales Draft or revoke its prior acceptance of a Sales Draft in the following circumstances: (a) the transaction giving rise to the Sales Draft was not made in compliance with all terms and conditions of this Agreement, the Laws and the Rules; (b) the Cardholder disputes his liability to Member for any reason, including but not limited to those chargeback rights enumerated in the Rules; or (c) the transaction giving rise to the Sales Draft was not directly between you and the Cardholder. You will pay Member or NOVA, as appropriate, any amount previously credited to you for a Sales Draft not accepted by Member or NOVA. E. Reprocessing. Notwithstanding any authorization or request from the Cardholder or customer, you will not reenter or reprocess any Card transaction which has been charged back. -4- F. Factoring. You will not present for processing or credit, directly or indirectly, any transaction not originated as a result of a card transaction directly between you and a Cardholder or any transaction you know or should know to be fraudulent or not authorized by the Cardholder. You will not sell or disclose to third parties Card account information other than in the course of performing your obligations under this Agreement. Other Types of Transactions. A. Mail Order. You may not solicit or accept mail orders or telephone orders or any transaction in which the Cardholder and Card are not present ("mail/telephone orders") without NOVA's or Member's prior written authorization. Mail/telephone orders completed without prior written consent of NOVA or Member will be a breach of this Agreement and cause for immediate termination in addition to any other remedies available under the Laws and the Rules. You will obtain the expiration date of the Card for a mail/telephone order and submit the expiration date when obtaining authorization of the Card transaction. For mail/telephone order transactions, you will type or print legibly on the signature line of the Sales Draft the following applicable words or letters: telephone order or "TO"; or mail order or "MO". B. Recurring Transactions. For recurring transactions, you must obtain a written request from the Cardholder for such goods and services to be charged to the Cardholder's account, the frequency of the recurring charge and the duration of time during which such charges may be made. You will not complete any recurring transaction after receiving: (i) a cancellation notice from the Cardholder, (ii) notice from NOVA or Member, or (iii) a response that the Card is not to be honored. You must print legibly on the Sales Draft the words "Recurring Transaction". C. Multiple Sales Drafts. You will include a description and total amount of goods and services purchased in a single sales transaction on a single Sales Draft or transaction record, unless: (i) partial payment is entered on the Sales Draft or transaction record and the balance of the transaction amount is paid in cash or by check at the time of transaction, or (ii) a Sales Draft represents an advance deposit in a Card transaction completed in accordance with this Agreement and the Rules. D. Partial Completion. i. Prior Consent. ii. You will not accept for payment by Card any amount representing a deposit or partial payment for goods or services to be delivered in the future without the prior written consent of NOVA or Member. The acceptance of a Card for payment or partial payment of goods or services to be delivered in the future without prior consent will be deemed to be a breach of this Agreement and cause for immediate termination, in addition to any other remedies available under the Laws or Rules. Acceptance. If you have obtained prior written consent, then you will complete such Card transactions in accordance with the terms set forth in this Agreement, the Rules, and the Laws. Cardholders must execute one Sales Draft upon making a deposit with a Card and a second Sales Draft upon paying the balance. You ~vill note upon the Sales Draft the words "deposit" or "balance" as appropriate. You will not deposit the Sales Draft labeled "balance" until the goods have been delivered to Cardholder or you have fully performed the services. -5- o E. Future Delivery. You will not present any Sales Draft or other memorandum to Member or NOVA for processing (whether by electronic means or otherwise) which relates to the sale of goods or services for future delivery without Member or NOVA's prior written authorization. F. Electronic Commerce Transactions. You must get NOVA's consent to process electronic commerce transactions, and you may process such transactions only if the transactions have been encrypted by a third party vendor acceptable to NOVA and Member. You understand that transactions processed via electronic commerce are high risk and subject to a higher incidence of chargebacks. All communication costs related to electronic commerce transactions will be your responsibility. You understand that NOVA will not manage the electronic commerce telecommunications link, that it is your responsibility to manage that link, that NOVA is not responsible for receiving transactions, and that NOVA is not responsible for responding to you unless NOVA actually receives a transaction from you. Merchant Account. A. Establishment and Authori _ty. You will establish and maintain with Member one or more commercial bank account(s) to facilitate payment for Card transactions ("Merchant Account"). You will maintain sufficient funds in the Merchant Account to accommodate all transactions, including but not limited to fees, fines and chargebacks, contemplated by this Agreement. You irrevocably authorize NOVA and Member to debit the Merchant Account for chargebacks in accordance with the Rules, and for fees and any other penalties or payments under this Agreement. This authority will remain in effect for at least 2 years after the termination of this Agreement. Merchant will notify NOVA 48 hours before Merchant changes the Merchant Account. B. Deposits. Member will deposit all Sales Drafts to the Merchant Account subject to Section 4 of this Agreement. You authorize Member or NOVA to initiate reversal or adjustment entries and initiate or suspend such entries as may be necessary to grant you conditional credit for any entry. C. Asserted Errors. Promptly examine all statements relating to the Merchant Account, and immediately notify NOVA in writing of any errors. Your written notice must include: (i) Merchant name and account number, (ii) the dollar amount of the asserted error, (iii) a description of the asserted error, and (iv) an explanation of why you believe an error exists and the cause of it, if known. That written notice must be received by us within 30 days after you received the periodic statement containing the asserted error. You may not make any claim against Member or NOVA for any loss or expense relating to any asserted error for 60 days immediately following our receipt of your written notice. D. Hold Harmless. To the extent permitted by law, you will hold NOVA and Member harmless for any action they take against the Merchant Account or Reserve Account pursuant to this Agreement. This section will survive termination of this Agreement. E. ACH Authorization. You authorize Member to initiate debit/credit entries to the Merchant Account, in accordance with this Agreement and the Authorization Agreement Regarding Automatic Funds Transfer (ACH Credits/Debits) provided by NOVA (the "ACH Authorization"). The ACH Authorization will remain in effect after termination of this -6- Agreement. In the event you change the Merchant Account, you will execute a new ACH Authorization. Security Interests, Reserve Account, Recoupment and Set-Off. Ao Securi[y Interests. i. Security Agreement. This Agreement will constitute a security agreement under the Uniform Commercial Code. You grant to Member and NOVA a security interest in and lien upon: (i) ali funds at any time in the Reserve Account (as defined below), regardless of the source of such funds, (ii) present and future Sales Drafts, and (iii) any amount which may be due to you under this Agreement, including, without limitation, all rights to receive any payments or credits under this Agreement (collectively, the "Secured Assets"). You agree to provide other security to NOVA and Member upon request to secure your obligations under this Agreement. These security interests and liens will secure all of your obligations under this Agreement and any other agreements between Merchant, NOVA and/or Member including, but not limited to, your obligation to pay any amounts due to Member or NOVA. This security interest may be exercised by NOVA and Member without notice or demand of any kind by making an immediate withdrawal or freezing the Secured Assets. ii. Perfection. Upon request of Member or NOVA, you will execute one or more financing statements or other documents to evidence this security interest. You represent and warrant that no other person or entity has a security interest in the Secured Assets. With respect to such security interests and liens, Member and NOVA will have all rights afforded under the Uniform Commercial Code, any other applicable law and in equity. You will obtain from Member and NOVA written consent prior to granting a security interest of any kind in the Secured Assets to a third party. You agree that this is a contract of recoupment and Member and NOVA are not required to file a motion for relief from a bankruptcy action automatic stay to realize on any of the Secured Assets. Nevertheless, you agree not to contest or object to any motion for relief from the automatic stay filed by NOVA or Member. You authorize NOVA and appoint NOVA your attorney in fact to sign your name to any financing statement used for the perfection of any security interest or lien granted hereunder. Reserve Account. i. Establishment. Upon the occurrence of a Reserve Event, you will establish and maintain a deposit account ("Reserve Account") at Member in the amount of the Reserve Amount. You authorize NOVA or Member to debit the Merchant Account to establish or maintain funds in the Reserve Account. a) Reserve Events. The following will constitute Reserve Events: (1) fraudulent activity in any monthly period that equal or exceeds 1% of Merchant's average monthly volume over the preceding 12 month period, (2) chargebacks in any monthly period that equal or exceed 1% of the total dollar value of Sales Drafts, (3) NOVA's reasonable belief that you have accepted deposits but have not delivered the goods or services, (4) the commencement of bankruptcy, receivership, insolvency or similar action or proceeding initiated by or against you, and (5) termination of this Agreement for any reason. -7- ii. iii. iv. b) Reserve Amount. "Reserve Amount" means an amount equal to the aggregate dollar value of 7 months of chargebacks plus 2 months of refunds. c) Funding. Member and NOVA have the right to debit the Merchant Account to establish or maintain funds in the Reserve Account. Member or NOVA may deposit into the Reserve Account funds they would otherwise be obligated to pay you, for the purpose of establishing or maintaining the Reserve Account in accordance with this Section, if they determine such action is reasonably necessary to protect their interests. Authorizations. Member or NOVA may, without notice to you, apply deposits in the Reserve Account against any outstanding amounts you owe under this Agreement or any other agreement between you and Member or NOVA. Also, NOVA or Member may exercise their rights under this Section to collect any amounts due to Member or NOVA including, without limitation, rights of set-off and recoupment. Funds. Funds in the Reserve Account will remain in the Reserve Account until 90 days following termination of Reserve Events (1) through (4), above. With regard to Reserve Event number (5), (termination), in no event will you be entitled to a return of Reserve Account funds before 270 days following the effective date of termination of this Agreement, provided, however, that you will remain liable to NOVA and Member for all liabilities occurring beyond such 270 day period. Member and NOVA will have sole control of the Reserve Account. Assurance. In the event of a bankruptcy proceeding and the determination by the court that this Agreement is assumable under Bankruptcy Code § 365, as amended from time to time, you must establish or maintain a Reserve Account in an amount satisfactory to NOVA or Member. C. Recoupment and Set Off. Member and NOVA have the right of recoupment and set-off. This means that they may offset any outstanding/uncollected amounts owed to them from: (i) any amounts they would otherwise be obligated to deposit into the Merchant Account, and (ii) any other amounts NOVA or Member may owe you under this Agreement or any other agreement. D. Remedies Cumulative. The rights conferred upon Member and NOVA in this Section are not intended to be exclusive of each other or of any other rights and remedies of Member and NOVA under this Agreement, at law or in equity. Rather, each and every right of Member and NOVA at law or in equity will be cumulative and concurrent and in addition to every other right. Fees and Other Amounts Owed. A. Fees. You will pay Member and NOVA fees for services, forms or equipment as set forth in the schedule of fees. Such fees will be calculated and debited from the Merchant Account once each month for the previous month's activity, or will be netted out from the funds due you under this Agreement. You will immediately pay NOVA or Member any amount incurred by NOVA or Member attributable to this Agreement, including but not limited to chargebacks, fines imposed by Visa or MasterCard, non-sufficient fund fees, and ACH debits that overdraw the Merchant Account, Reserve Account, or any other account you have at Member. In the event such ACH does not fully reimburse NOVA or Member for the amount owed, you will immediately pay NOVA or Member such amount. -8- B. Fee Amendments. The fees set forth in your request for proposal will not be amended by NOVA for the Term of the Agreement except to pass through to you increases in interchange, assessments, or fees imposed by a third party. 9. Information, Indemnification, Limitation of Liability. A. Information. You must notify NOVA in writing of any changes to the information in the request for proposal, including but not limited to: any additional location or new business, type of goods and services provided, and how sales are completed (i.e., by telephone, mail, or in person at your place of business). The notice must be received by NOVA within 10 business days of the change. You will provide updated information to NOVA within a reasonable time upon request. You are liable to Member and NOVA for all losses and expenses incurred by Member or NOVA arising out of your failure to report changes to us. B. Hold Harmless. To the extent permitted by law, among Merchant, NOVA and Member, Merchant will be responsible for, and will at its own expense, defend itself against any and all suits, claims, losses, demands or damages, arising out of or in connection with any dispute between Merchant and any Cardholder relating to any Card transaction or any breach by Merchant of any of its obligations under this Agreement. Merchant hereby releases NOVA and Member from any and all liabilities, claims, losses, costs, expenses and demands of any kind or nature, arising out of or in connection with such Card transactions and Merchant breaches. C. Limitation of Liabili _ty. In no event will NOVA, Member or their agents, officers, directors or employees be liable for indirect, special, or consequential damages. D. Performance. NOVA and Member will perform all services in accordance with this Agreement. NOVA makes no other warranty, express or implied, regarding the services, and nothing contained in the Agreement will constitute such a warranty. NOVA disclaims all implied warranties, including those of merchantability and fitness for a particular purpose. No party will be liable to the other parties for any failure or delay in its performance of this Agreement if such failure or delay arises out of causes beyond the control and without the fault or negligence of such party. 10. Representations and Warranties. You represent and warrant to NOVA and Member at the time of execution and during this term of this Agreement that: A) you have never been placed on the MasterCard MATCH system or the Combined Terminated Merchant File; B) all transactions are bona fide, and no transaction involves the use of a Card for any purpose other than the purchase of goods or services from you; and C) you will comply with the Laws and Rules. 11. Audit and Financial Information. Merchant authorizes Member and NOVA to audit Merchant's records to confirm compliance with this Agreement. Merchant will provide Member and NOVA financial statements and other financial information as requested from time to time. 12. Third Parties. A. Services. You may be using special services or software provided by a third party to assist you in processing transactions, including authorizations and settlements, or accounting 13. functions. You are responsible for ensuring compliance with the requirements of any third party in using their products. This includes making sure you have and comply with any software updates. NOVA has no responsibility for any transaction until that point in time NOVA receives data about the transaction. B. Use of Terminals Provided by Others. You will notify NOVA immediately if you decide to use electronic authorization or data capture terminals or software provided by any entity other than NOVA or its authorized designee ("third party terminals") to process transactions. If you elect to use third party terminals, you agree (i) the third party providing the terminals will be your agent in the delivery of Card transactions to Member via Visa Net or a similar data processing system or network; and (ii) to assume full responsibility and liability for any failure of that third party to comply with the Rules or this Agreement. Neither Member nor NOVA will be responsible for any losses or additional fees incurred by you as a result of any error by a third party agent or a malfunction in a third party terminal. Term and Termination. A. Tenn. The Agreement will become effective on the date Member executes this Agreement ("Effective Date"). The Agreement will remain in effect for a period of 3 years ("Initial Term") and will renew for successive 2 year terms ("Renewal Term") unless terminated as set forth below. Termination. i. Without Cause. The Agreement may be terminated by any party to be effective at the end of the Term by giving written notice of an intention not to renew at least 90 days before the end of the current term. ii. With Cause. The appropriate party may terminate this Agreement immediately upon the occurrence of an Event of Default, defined below. Notice of termination may be given orally or in writing, but if given orally will be confirmed in writing. Termination will be effective on the date specified by the notice. iii. Generally. NOVA and Member's rights of termination provided throughout this Agreement are cumulative. A specific right of termination enumerated in this Agreement will not limit any other right of NOVA or Member to terminate this Agreement expressed elsewhere in this Agreement. Events of Default. The following will constitute an Event of Default i. Excessive Event. The occurrence of Excessive Activity. ii. Mail or Telephone Orders. Accepting mail or telephone orders or electronic commerce transactions without NOVA's prior written consent. iii. Nonpayment. You do not pay NOVA or Member any amount you owe NOVA or Member. iv. Adverse Financial Condition. Your financial condition changes adversely. v. Garnishment. Your deposit accounts with Member, the Merchant Account, or any of your property in the possession of NOVA or Member is garnished or attached. vi. Asset Assignment. You assign your assets generally for the benefit of creditors. vii. Bankruptcy. Any party is insolvent as evidenced by its records, or a proceeding is commenced by or against any party under any bankruptcy, insolvency or similar law seeking an order to adjudicate such party bankrupt or insolvent or -10~ VIII. ix. other relief with respect to such party or such party's debts, or seek appointment of a receiver or similar official for such party or for any substantial part of such party's assets. Breach. A party fails to perform a material obligation of this Agreement, and such failure continues for a period of 30 days after the breaching party receives notice of the breach. False Representation. Any representation and warranty by a party is or becomes false or misleading in any material respect as of the date made, or becomes false or misleading at any time during the term of this Agreement. Third Party_ Action. Visa or MasterCard requires Member or NOVA to terminate this Agreement or cease processing transactions. D. Action upon an Event of Default. Upon the occurrence of an Event of Default, NOVA may take the following action: i. suspend processing privileges and terminate this Agreement, ii. create a Reserve Account, or iii. any other reasonable action deemed necessary by NOVA or Member to protect their interests. E. Action ii. ooo I11. upon Termination. Terminated Merchant File. You acknowledge that Member and/or NOVA is required to report your business name to Visa and MasterCard when Merchant is terminated due to the reasons listed in the Rules. Merchant Account. All your obligations regarding accepted Sales Drafts will survive termination. You must maintain in the Merchant Account and the Reserve Account enough funds to cover all chargebacks, deposit charges, refunds and fees incurred by you for a reasonable time. You authorize Member to charge those accounts, or any other account maintained under this Agreement, for all such amounts. If the amount in the Merchant Account and Reserve Account is not adequate, you will pay Member and NOVA the amount you owe them upon demand, together with all costs and expenses incurred to collect that amount, including reasonable attorneys' fees. Equipment. Within 14 business days of the date of termination, you must return all equipment owned by NOVA and immediately pay NOVA any amounts you owe it for equipment costs. 14. Compliance With Laws And Rules. You agree to comply with all rules and operating regulations issued from time to time by MasterCard and Visa and any policies and procedures provided by Member or NOVA, including those set forth in the Merchant Operating Guide ("Rules"). The Rules are incorporated into this Agreement by reference as if they were fully set forth in this Agreement. You further agree to comply with all applicable state, federal and local laws, rules and regulations ("Laws"), as amended from time to time affecting acceptance of the cards, processing of card transactions, and the transactions contemplated by this Agreement. 15. Use of Trademarks and Confidentiality. A. Use of Trademarks. Your use of Visa and MasterCard marks will fully comply with the Rules. Your use of Visa, MasterCard or other cards' promotional materials will not indicate, -11- 16. directly or indirectly, that Visa or MasterCard endorse any goods or services other than their own and you may not refer to Visa or MasterCard in stating eligibility for your products or services. Confidentiali _ty. i. Cardholder Information. ii. You will not disclose to any third party Cardholders' account information or other personal information except to an agent of yours assisting in completing a card transaction, or as required by law. You must keep all systems and media containing account, Cardholder or transaction information (physical or electronic, including but not limited to account numbers, card imprints, and TIDs) in a secure manner, to prevent access by or disclosure to anyone other than your authorized personnel. You must destroy in a manner that will render the data unreadable all such media that you no longer deem necessary or appropriate to store (except for Sales Drafts maintained in accordance with this Agreement, Laws, and the Rules). Further, you must take all steps reasonably necessary to ensure Cardholder information is not disclosed or otherwise misused. Prohibitions. You will not use for your own purposes, will not disclose to any third party, and will retain in strictest confidence all information and data belonging to or relating to the business of NOVA (including without limitation the terms of this Agreement), and will safeguard such information and data by using the same degree of care that you use to protect your own confidential information. C. Return to NOVA. All promotional materials, advertising displays, emblems, Sales Drafts, credit memoranda and other forms supplied to you and not purchased by you or consumed in use will remain the property of NOVA and will be immediately returned to NOVA upon termination of this Agreement. General Provisions. A. Entire Agreement. This Agreement, including the Merchant Operating Guide and any amendment to this Agreement made in accordance with the procedures set forth in Section 16H. below, all of which are incorporated into this Agreement, constitutes the entire agreement between the parties, and all prior or other agreements or representations, written or oral, are merged in and superseded by this Agreement. If there is a discrepancy between the terms of this Agreement and your request for proposal, the terms of this Agreement will govern. B. Exclusivi _ty. During the initial and any renewal term of this Agreement, you will not enter into an agreement with any other entity that provides credit card or debit card processing services similar to those provided by NOVA and Member as contemplated by this Agreement without NOVA and Member's consent; provided, however, nothing contained herein shall require Merchant to terminate an existing relationship or agreement. C. Assignabili _ty. This Agreement may be assigned by Member or NOVA, but may not be assigned by Merchant directly or by operation of law, without the prior written consent of Member and NOVA. If you nevertheless assign this Agreement without NOVA's consent, the Agreement will be binding on the assignee. - 12- D. Notices. Any written notice under this Agreement will be deemed given upon the earlier of: (i) actual receipt or (ii) five days after being deposited in the United States mail, and addressed to the last address shown on the records of the sender. E. Bankruptcy. Any party will immediately notify the other party of any bankruptcy, receivership, insolvency or similar action or proceeding initiated by or against such party or any of its principals. You will include Member and NOVA on the list of creditors as filed with the Bankruptcy Court, whether or not a claim may exist at the time of filing, and failure to do so will be cause for immediate termination or any other action available to NOVA under applicable Rules or Law. You acknowledge that this Agreement constitutes an executory contract to make a loan, or extend other debt financing or financial accommodations to or for the benefit of you, and, as such, cannot be assumed or assigned in the event of your bankruptcy. F. Customer Contact. You authorize Member and NOVA to contact your customers if they determine that such contact is necessary to find out information about any Card transaction between you and the customer. G. Amendments. Member and NOVA may propose amendments or additions to this Agreement. Member or NOVA will inform you of a proposed change in a periodic statement or other written notice. You will be deemed to have agreed to the change if you continue to present transactions to Member and NOVA after 30 days following the mailing of the notice. Notwithstanding the previous sentence, changes to fees authorized by this Agreement will be effective upon notice to you, unless a later effective date is provided. Further, NOVA is entitled to pass through to you any fee increases imposed by Visa, MasterCard, or telecommunication vendors without giving you the right to terminate this Agreement. H. Severabili _ty and Waiver. If any provision of this Agreement is illegal, the invalidity of that provision will not affect any of the remaining provisions and this Agreement will be construed as if the illegal provision is not contained in the Agreement. Neither the failure nor delay by NOVA or Member to exercise, or partial exercise of, any right under this Agreement will operate as a waiver or estoppel of such right, nor shall it amend this Agreement. All waivers must be signed by NOVA. I. Independent Contractors. NOVA, Member and Merchant will be deemed independent contractors and none will be considered agent, joint venturer or partner of the other. J. Survival. All provisions that by their context are intended to survive termination of this Agreement will so survive. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed effective as of ,2001. -13- Attest: City Clerk Approved as to form: City of Delray Beach By: David Schmidt, Mayor City Attorney NOVA Information Systems, Inc. By:. Name: Title: Date: Imperial Bank By: Name: Title: Date: ("Effective Date") - 14- Control Number Business Name (DBA}: Existing Merchant ID #: Initial Fees: Apphcabon fee Non-Refundable Terminal Re-Programmmg S~te Survey Installat~on/Trammg CBPD Setup Total Fee Internet / Other Total $$ Initial Fees Due D~scount Rate Based On. GROSS Sales {default) Rates Tier I Retad/Restaurant Lodgmg/Car Rental/ Passenger Transport D~rect Marketmg/MOTO Internet Supermarkets Rates Tier 2 Rated~Restaurant Lodgmg/Car Rental/ PassengerTranspo~ O~rect Marketmg/MOTO Internet Supermarkets Debit Network,,: Per Item NET Sales Qualified % D~scount Quahfied % D~scount Deb~t NetworkTable 1895 G BEAVER RIDGE CIRCLE. NORCROSS. GA 30071. (770) 441-3288 Schedule of Fees Equipment ! Software Fees: Item Code Re-Program 234546 Purchase Lease Qty 'MSPSOF990716Pt' Supply Code # Bdhng Price/Item Months Monthly Charge Settled Per Item MSP Tax Total Tax Total Monthly Charge Check ACH Partially Qualified SeEled Discount Per Item · 1 o Non-Qualified Settled Settled Per Item % D~scount Per Item Honor Grand Total Amount (Imt~al Fees Equipment & So[tware) Non-Qualified Settled % Discount Per Item .to Interchange VtSA Table MCTable Interlink Mac Pulse Interchange VISA Table MC Table Non-BankCards: Amerman Express D~scover Card Auth Table #s Auth Table Maestro ACCELJ Exchange NYCE Star/ Explore Cash Station Alaska Opben Magic bna TYME Money Satlon Dmers Club/ Carte Blanche JCB Auth Table #s Auth Table #s Other Fees: Te .... al . _-'~ ~,'~ Auth Fee VD,ce Auth {Touchtone} Vo,ce Auth ~, ,~, ~.,~ w~th AVS · Voice Auth ~~ IOperator Assisted) · Referral VolceAuth q · O ~ ARU per Item Account Maintenance Chargeback Fee Statement Fee NSF~ Returned Item Monthly Service Monthly Minimum [ '.00 .oo Swap/In Warranty Swap/Out Warranty Membership Begmmng Month Monthly Annually Quarterly Request to be placed on: x Regular Agenda When: 9/19/01 Agenda Item No.: AGENDA REQUEST Date: 9/14/01 Special Agenda Workshop Agenda Description of agenda item (who, what, where, how much): Approve a_~reement with Nova Information Systems, Inc. and. ~ Bank. Nova n~!ray Beech pre _=hop and Lakeview pro shop =t a rate of !~59% ~a ~ tran~t~mn rata cf .2D/item. ORDIN~4CE/ RESOLUTION REQUIRED: YES/NO Recommendation: Recommend the above. Draft Attached: YES/NO Department Head Signature: Determination of Consistency with Comprehensive Plan: City Attprney Review/ ~t. ion (if applicable): Budget Director- Review (required on all items involving expenditure of funds): Funding available: ~' NO~-~'~ Funding alternative .g~--- (if applicable) Account No. & Description: · Account Balance: Discount taken from daily deposits. City Manager Review: Approved for agenda: Hold Until: Agenda Coordinator Review: Received: Action: Approved/Disapproved Memo To: From: Date: Re: David Harden, City Manager Lula Butler, Director, Community ]:mprovement September 13, 2001 Request for Waiver to Section 4.6.7 (E)(1) & (G)(?) of the Land Development Regulations Governing Signs ]:TEM BEFORE THE COMMISSZON: City Commission consideration of a waiver to Section 4.6.7(E)(1) & (G)(7) of the Land Development Regulations governing signs pursuant to the request from Town Square Office Development, located at 55 NE .5th Avenue. BACKGROUND: The Site Plan Review and Appearance Board on August 22, 2001 approved a Blanket Sign Program for the Town Square 4-story Office Building. This Blanket approval includes one free- standing (building identification and tenant panels) sign that will be erected on NE 5th Avenue and four flat wall signs to be erected on the north, south and west elevations of the 4-story office building. Section 4.6.7(E)(7) & (G)(1) of the LDR's specifies that building identification signs must face dedicated street frontage and must be located d~rectly over the business space it represents. The flat wall signs proposed for the north and south elevations of the building d.o not meet these requirements. The board, by a 6-0 vote, supported the request for a waiver o~ this section of the code by the City Commission based on the applicant's position that because the building is adjacent to residential properties on the east and north sides, it will not have sufficient exposure. They believe the additional signage is needed so the building could easily be seen and located. Section 2.4.7(B) of the Land Development Regulations allows the City Commission to grant waivers to this section of the code that governs signs. This section states that before granting a waiver, the Commission shall make a finding of fact based on one of the following: · Shall not adversely affect the neighboring area · Shall not significantly diminish the provision of public facilities · Shall not create an unsafe situation; and · Does not result in the granting of a special privilege in that the same waiver would not be granted under similar circumstances on other property for another applicant or owner. RECOMMENDATION: Staff is recommending denial by the City Commission to the request to grant a waiver to Section 4.6.7(E)(1) and (G)(7) of the LDR's. Staff believes that granting such a waiver will set a precedent effecting other businesses preferring to have signs on all 4 sides of a building. Staff believes the applicant can achieve adequate signage within the code and that the height of the building alone gives ~t sufficient exposure. The 4-story building will be visible from East Atlantic Avenue and the Federal Highway corridors. LB: DQ 001 Ciw. of Delray Beach 100 NW 1 st Avenue Delray Beach, FL 33483 Re: Town Square Office Building Signage To Whom it May Concern: This shall serve as confirmation that the signagc for the Town Square Office Building shall consist as follows: BUILDING SIGNAGE: West Elevation: Tenant Sign at 4th Floor (Center) Tenant Sign at 1 st Floor (Northwest Comer) North Elevation: Tenant Sign at 1 st Floor (Northwest Comer) South Elevation: Tenant Sign at 4th Floor (Center) PROPERTY SIGNAGE: Tenant Monument Sign at NE 5th Avenue (South entrance) Sincerely, Ironwood ~ropenies. Inc. telli President 277 Southeast Fifth Avenue · Delray Beach, Florida 33483 Tel' 561.279.8952 · Fax: 561.279.0611 · w~'aronwoodproperties.com C~l ~llltlllllllllllllllllllllI illllllllllllllltlitlttlll J ~-~llj I I I i IJJ IIIIIIIIIIlilllllllllllllll I[Tl'~ll I ! ! I ii I~ I I I I !~rmmmm IIIllllllllllllilllllilllll ~ IIIIIIIIIIIit11111111111111! I Illtltlllllllllllllllll I IIIIIIIIIIIIIltllllllilil >1 F [llllmlllmml~ / I ;I Z W _J W W II I~E 5th Elevation S C A L E 3 \ 4" =1 '- 0" Date: 9/13/01 AGENDA ITEM NUMBER: AGENDA REQUEST Request to be placed on: ~ Consent Agenda __ Special Agenda __ Workshop Agenda When: 9/18/01 Description of agenda item (who, what, where, how much): Request for a Wmver to Section 4.6.7 Governing Sx~ (;odes for Town Square Office I)cvclopmcnt, 55 NE 5°~ Avenue Department Head Signature: City Attorney Review/Recommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): Funding Available: Yes / No Initials: Account Number Description Account Balance: Funding Alternatives: City Manager Review: Approved for Agenda: ~)/ No Initials: Hold Until: Agenda Coordinator Review: Recmved: EXHIBIT A (if apphcable) Memo TO: Fro m: Date: Re: David Harden, City Manager Lula Butler, Director, Community ~[mprovement September 13, 2001 Request for a Waiver to Section 4.6.7(G)(7) of the Land Development Regulations Governing Sign Codes TTEM BEFORE THE COMMTSSZON: City Commission consideration of a waiver to Section 4.6.7(G)(7) of the Land Development Regulations governing signs pursuant to the request from the business "Creations," located at 101 NE 2® Avenue. BACKGROUND: The applicant is requesting approval to construct a second free-standing sign that will be placed on the northwest corner of the property. The property has approval for its primary freestanding sign that will be erected on the southwest corner, (NE Ist Avenue and 2"d Street). The free-standing sign considered under this waiver request is proposed at 6.8' in height, with a sign area of 5.8'x 12.2' (68.82 sq. ft.). Section 4.6.7(3)(d)(i) and (ii), states that when a sign is located totally within the setback, it must have a sign height no greater than 7 feet, and a sign area less than 20 sq. ft. The size of the proposed sign exceeds the maximum size allowed to be within the setback area. The design of the sign matches the primary free-standing one already approved. The pineapple figurines on each s~de of the copy are included in the sign calculation. The Site Plan Review and Appearance Board, at their regular meeting of August 8, 2001, was unable to consider the proposed waiver because several members disclosed a conflict of interest. Chairman Branning requested the proposal be forwarded directly to the City Commission for consideration. Section 2.4.7(B) of the Land Development Regulations allows the City Commission to grant waivers to this Section of the code governing signs. This section states that before granting a waiver, the Commission shall make a finding of fact based on one of the following: · Shall not adversely affect the neighboring area · Shall not significantly diminish the provision of public facilities · Shall not create an unsafe situation; and · Does not result in the granting of a special privilege in that the same waiver would not be granted under similar circumstances on other property for another applicant or owner. RE,OM EN DATZON: Staff is recommending denial of the request to waive the Sign Code Section 4.6.7(G)(i) and (ii), as submitted by Mr. Michael Sneiderman, agent for the owner. Staff feels the location of this second free-standing sign may be interpreted as a granting of a special privilege and believes the owner can comply with the existing sign code by redesigning the design. LB:DQ © LLJ Date: 9/13/01 AGENDA ITEM NUMBER: AGENDA REQUEST Request to be placed on: Consent Agenda __ Special Agenda __ Workshop Agenda When: 9/18/01 Description of agenda item (who, what, where, how much): Request for a Waiver to Section 4.6.7(G)(7) Governing Si~.m Codes for Creations, 101 NE 2nd Avenue Department Head //~ ~ ~ ~. ~ ---e;~ Signature: ~,,/~_/,,~/.~~~ ~ City Attorney Review/Recommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): Funding Available: Yes / No Imtials: Account Number Descnpuon Account Balance: Funding Alternatives: City Manager Review: Approved for Agenda: ~)/ No Initials: Hold Until: Agenda Coordinator Review: Received: EXHIBIT A (if applicable) MEMORANDUM TO: FROM: SUBJECT: DATE: MAYOR AND CITY COMMISSIONERS CITY MANAGER ~ AGENDA ITEM ]0 D - REGULAR MEETING OF SEPTEMBER 19~ 2001 RESOLUTION NO. 55-01 {MILLAGE LEVY} SEPTEMBER 14, 2001 Resolution No. 55-01 levies' a tax on all properties in the City of Delray Beach for FY 2002 as follows: 7.37 mills for operation and maintenance of the General Fund 0.63 mills for the payment of principal and interest on bonded indebtedness 8.00 mills = millage rate The millage rate of 8.00 mills is five one hundredths of a mill more than FY 2001. The rolled back rate calculated under the TRIM law for operating purposes is 6.6423 mills. The millage rate is 12.46% above the rolled back rate. The assessed valuation on all taxable property within the City for operating purposes is $3,755,579,002. The assessed valuation for debt service is $3,756,057,545. The reason for the differential is the exemptions that were granted to historic properties in the City. They apply to operating millage only. Pursuant to the City Charter and TRIM requirements, a public hearing must be held prior to the adoption of the resolution. Recommend approval of Resolution No. 55-01. Ref:Agmemo20.Res55-01.Millage Levy. FY 2002 RESOLUTION NO. 55-01 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, TO LEVY A TAX ON ALL PROPERTIES WITHIN THE CITY OF DELRAY BEACH, FLORIDA, FOR MAINTENANCE AND OPERATION, AND TO LEVY A TAX FOR THE PAYMENT OF PRINCIPAL AND INTEREST ON BONDED INDEBTEDNESS, AND TO ALLOCATE AND APPROPRIATE SAID COLLECTIONS THEREUNDER. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That a tax of $7.37 per one thousand dollars ($1,000.00) of assessed valuation is hereby levied on all taxable property within the City of Delray Beach for the fiscal year commencing October 1, 2001, and ending September 30, 2002. There shall be and hereby is appropriated for the General Fund operations of the City revenue derived from said tax for operating and maintenance expenses of the General Fund, and also in addition, all revenues derived by said City during said fiscal year from all other sources other than the tax levy for current bond service and that part of collection of delinquent taxes levied for bond service. The assessed valuation on all taxable property for operating purposes within the City of Delray Beach is $3,755,579,002. The operating millage rate of $7.37 per one thousand dollars ($1,000.00) exceeds the rolled-back rate of $6.6423 per one thousand dollars ($1,000.00) by 12.46%. Section 2. That the amount of money necessary to be raised for interest charges and bond redemption which constitutes a general obligation bonded indebtedness of the City of Delray Beach is $2,213,475. There is hereby appropriated for the payment thereof, all revenues derived from the tax levy of $0.63 per one thousand dollars ($1,000.00) of assessed valuation, which is hereby levied for that purpose for the fiscal year commencing October 1, 2001, and ending September 30, 2002, upon the taxable property of the City of Delray Beach, the assessed valuation being $3,756,057,545. Section 3. That the above millage rates are adopted subject to adjustment in accordance with Section 200.065(5) of the Florida Statutes which provides that a municipality may adjust its adopted millage rate if the taxable value within the jurisdiction of the taxing authority as certified pursuant to Section 200.065(1) is at variance by more than one percent (1%) with the taxable value shown on the assessment roll to be extended. Section 4. That public hearings were held on the proposed budget on September 4, 2001, and on September 19, 2001. 2001. PASSED AND ADOPTED in regular session on this the 19th day of September, MAYOR ATTEST: City Clerk 2 Res. No. 55-01 MEMORANDUM TO: FROM: SUBJECT: DATE: MAYOR AND CITY COMMISSIONERS CITY MANAGER ~4zl AGENDA ITEM /0 ~ - REGULAR MEETING OF SEPTEMBER 19, 2001 RESOLUTION NO 56-01 {MII.I.&GE LEVY IN THE DDA TAXING DISTRICT) SEPTEMBER 14, 2001 Resolution No. 56-01 levies a tax in the mount of 1.00 mill on all properties within the Downtown Development Authority Taxing Dismct of the City of Delray Beach for FY 2002. This millage exceeds the 0.8564 rolled back rate calculated under the TRIM law by 16.77%. A copy of the DDA's Cerfificauon of Taxable Value is attached, along with a copy of the DDA budget for FY 2002. Recommend approval of Resolution No. 56-0i. RefiAgmemo20.Res.56-01.Millage Lew. DDA.FY 2002 RESOLUTION NO. 56-01 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, TO LEVY A TAX ON ALL PROPERTIES WITHIN THE DOWNTOWN DEVELOPMENT AUTHORITY TAXING DISTRICT OF THE CITY OF DELRAY BEACH, FLORIDA, FOR MAINTENANCE AND OPERATION, AND TO APPROPRIATE SAID COLLECTIONS THEREUNDER. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF T~ CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That a tax of $1.00 per one thousand dollars ($1,000.00) of assessed valuation is hereby lewed on all taxable property within the Downtown Development Authority Taxing District of the City of Delray Beach for the fiscal year commencing October 1, 2001, and ending September 30, 2002. There shall be and hereby is appropriated for the purpose of financing the operation of the Downtown Development Authority Taxing District revenue derived from said tax for operating and maintenance expenses of the Downtown Development Authority Taxing District, and also in addition, all revenues derived by said Taxing District during said fiscal year from all other sources other than the tax levy for current bond service and that part of collection of delinquent taxes lewed for bond service. The assessed valuation on all taxable property for operating purposes within the Downtown Development Authority Taxing District of the City of Delray Beach ~s $172,452,642. The operating millage rate of $1.00 per one thousand dollars ($1,000.00) exceeds the rolled-back rate of $0.8564 per one thousand dollars ($1,000.00) by 16.77%. Section 2. That the above millage rate is adopted pursuant to Florida Statutes Section 200.065(2)(e)(2), and subject to adjustment in accordance with Section 200.065(5) of the Florida Statutes which prov;des that each affected taxing authority, other than municipalities, counties, school boards, and .water management d~stricts, may adjust its adopted millage rate if the taxable value within the jurisdiction of the taxing authority as certified pursuant to Section 200.065(1) ~s at variance by more than three percent (3%) with the taxable value shown on the assessment roll to be extended. Section 3. That public hearings were held on the proposed budget on September 4, 2001, and September 19, 2001. PASSED AND ADOPTED in regular session on this the 19t~ day of September, 2001. ATTEST: MAYOR City Clerk SECTION CERTIFICATE OF TAXABLE VALUE I 2001 Year PALM BEACH County · --*- (Name of Taxing Authonty) ;urrent Year Taxable Value of Real Property for Operating Purposes $ 172,452,642_ (2) Current Year Taxable Value of Personal Property for Operating Purposes $ 0 (3) Current Year Taxable Value of Centrally Assessed for Operating Purposes $ 0 (4) Current Year Gross Taxable Value for Operating Purposes (1) + (2) + (3) $ t72,452,642 (5) Current Year Net New Taxable Value (New Construction + Additions + Rehabilitative $ 1,025,014 ' improvements Increasing Assessed Value By At Least 100% + Annexations- Deletions) (6) Current Year Adjusted Taxable Value (4) - (5) $ 171,427,628__ (7) Prior Year Final Gross Taxable Value (From Prior Year Applicable Form DR-403 Series) $ 146,805,841 DR-420 R 01195 To Delra), Beach - D.D.A. I do hereby certify the values shown herein to be correct to the best of my knowledge and belief. Witness my hand and official signature, at West Palm Beach, FI.. , this~t/~/~/j29TH~' ~jr~day of_. JUNE ~001 -Sigr~ature of Property Appraiser TAXING AUTHORITY: If this portion of the form is not completed in FULL your Authority will be denied TRIM certification and possibly lose its millage levy privilege for the tax year. If any line is inapplicable, enter N/A or -0-. SECTION II (8) Prior Year Operating Millage Levy $ !. 0000 (9) Prior Year Ad Valorem Proceeds (7) x (8) $ 146.~806 (10) Current Year Rolled-Back Rate (9) / (6) $ 0.8564 (11) Current Year Proposed Operating Mdlage Rate $ 1.0000 "~"~- Check one (1) TYPE of Taxing Authority Per $1,000 Per $1,000 Per $1,000 County f~ ' Municipahty ~ Independent ~ Depend~nt ~ Municipal Service '..___~ Special District District Taxing Unit Multi-County Water Management District (13) (14) Current Year Millage Levy for VOTED DEBT SERVICE (15) Current Year OTHER VOTED MILLAGE DEPENDENT SPECIAL DISTRICTS SKIP lines (16) through (22)~ (16) Enter T, otal Prior Year Ad Valorem Proceeds of ALL DEPENDENT Special Districts & MSTU's levying a millage. (The sum of Line (9) from each District's Form DR-420) (17) Total Prior Year Proceeds: (9) + (16) (18) The Current Year Aggregate Rolled-back Rate: (17) I (6) (19) Current Year Aggregate Rolled-back Taxes: (4) x (18) (20) Enter Total of all non-voted Ad Valorem Taxes proposed to be levied by the Principal Taxing Authority, all Dependent Districts, & MSTU's if any. Line (11) x Line (4) Current Year Proposed Aggregate Millage Rate: (20) I {4) (21) (22) IF DEPENDENT SPECIAL DISTRICT OR MSTU IS MARKED, PLEASE SEE REVERSE SIDE. Per $1,000 Per $1,000 $ n/a $ n/a $ n/a . . Per $1,000 S n/a $ n/a $ n/a Current Year Proposed Rate as a PERCENT CHANGE OF Rolled-back Rate: [(Line 21 / Line 18) - 1.00] x 100 Date, Time and Place of the flrst Public Budget Hearing: September 4~ 200] at: 7.'00 P~m. al: Cormnission Chambers, 100 NW 1st Avenue: Delray I do hereby cerbfy the m;llages and rates shown herein to be correct to the best of my knowledge and belief. FURTHER, I certi~ that all millages comply with the provisions of Section 200,071 or 200.081, F.S. WITNESS my hand and official signature a.t De].~ay 'Beach . , Florida, this the 25Ch dayof .. Ju].~ . ~--'[ - [~ ,--r- (_~ ~ David T. Harden _..nature and t~tle of Chief Administrative Officer' - Address of Physical Location Qity ~11 City Per $1,000 % 2001. i00 ~ 1st Avenue M-ail~ddress Delray Beach, FL City 33444 Joseph M. Safford, Name of Contact Person 561-243-7 1 16 Zip Phone Number SEE INSTRUCTIONS ON REVERSE SIDE Finance Director 561-243-7166 State Fax Number MEMORANDUM TO: FROM: SUBJECT: MAYOR AND CITY COMMISSIONERS CITY MANAGER~t~ i 0 AGENDA ITEM ~' - REGULAR MEETING OF SEPTEMBER 19, 2001 RESOLUTION NO. 57-01 (BUDGET ADOPTION FOR FY 2002) & APPROVAL OF FIVE YEAR CAPITAL IMPROVEMENT PLAN DATE: SEPTEMBER 14, 2001 Resolution No. 57-01 makes appropriations of sums of money for all necessary expenditures of the City for fiscal year 2002. The budget summary is set forth in Exhibit "A" to the resolution. Two versions of Exhibit "A" are presented. The "as advertised" version is what the Commission considered at your first budget hearing. The "as amended" version incorporates all the changes made at the first hearing and budget work session on September 6~. The motion to adopt Resolution No. 57-01 should state "with the amended Exhibit 'A'." Pursuant to the City Charter and TRIM requirements, a public hearing must be held prior to the adoption of the budget. Approval of Resolution No. 57-01 is recommended. As a related item, Commission is asked to approve the Five-Year Capital Improvement Plan for fiscal years 2002 through 2006 and the Capital Improvement Budget. The Capital Improvement Plan (CIP) is a listing of the projects with capital expenditures over $25,000, which the City plans to initiate over the next five fiscal years. The Capital Improvement Budget (CIB) is the first year of that plan to which the City Commission will comrmt as part of the adopted annual budget. The Planning and Zoning Board, as Local Planning Agency, formally remewed the Capital Improvement Plan and Capital Improvement Budget on September 10, 2001, as required by the Capital Improvement Element of the Comprehensive Plan. The Board unanimously made a finding that both the CIP and CIB are consistent with the Comprehensive Plan. Staff recommends that the CIP be amended to add two projects: (1) Hurricane hardening of the Community Center to provide shelter capacity for 835 people. The cost is $521,725 to be 90% funded by an Emergency Preparedness Grant, (2) construction of two-hghted tennis courts at Catherine Strong Center. The cost is $143,000 to be 75% funded by a FRDAP Grant as part of the "First Save" program initiated by the USTA in cooperation with the governor's office. It is recommended that the City Commission accept the finding of the Planning and Zoning Board that the Capital Improvement Plan and Capital Improvement Budget are consistent v~th the Comprehensive Plan, and approve same as amended to add two projects. Ref:Agmemo20.Res.57-01.FY2002 Budget Adopuon. CIP RESOLUTION NO. 57-01 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, MAKING APPROPRIATIONS OF SUMS OF _MONEY FOR ALL NECESSARY EXPENDITURES OF THE CITY OF DELRAY BEACH FOR THE PERIOD FROM THE 1st DAY OF OCTOBER, 2001, TO THE 30th DAY OF SEPTEMBER, 2002; TO PRESCRIBE THE TERMS, CONDITIONS AND PROVISIONS WITH RESPECT TO THE ITEMS OF APPROPRIATIONS AND THEIR PAYMENT; AND TO REPEAL ALL RESOLUTIONS WHOLLY IN CONFLICT WITH THIS RESOLUTION AND ALL RESOLUTIONS INCONSISTENT WITH THIS RESOLUTION TO THE EXTENT OF SUCH INCONSISTENCY. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the following sums of money, attached hereto and marked Exhibit "A", are hereby appropriated upon the terms and conditions herein set forth. Section 2. That, subject to the qualifications contained in this resolution, all appropriations made out of the General Fund are declared to be maximum, conditional and proportionate appropriations, the purpose being to make the appropriations payable in full in the amounts herein named if necessary and then only in the event the aggregate revenues collected and other resources available during the period commencing the 1st day of October, 2001, and ending the 30th day of September, 2002, for which the appropriations are made, are sufficient to pay all the appropriations in full. Othe,wise, said appropriations shall be deemed to be payable in such proportion as the total sum of realized revenue of the General Fund is to the total amount of revenues estimated by the City Commission to be available in the period commencing the 1st day of October, 2001, and ending the 30th day of September, 2002. Section 3. That all balances of the appropriations payable out of the General Fund of the City Treasury unencumbered at the close of business on the 30th day of September, 2001, except as otherwise provided for, are hereby declared to be lapsed into the City Treasury and may be used for the payment of the appropriations which may be made in any appropriation for the fiscal year commencing the !st day of October, 2001. However, nothing in this section shall be construed to be applicable to unencumbered balances remaining to the credit of the Water and Sewer Fund, Sanitation Fund or any Fund created by the setting up of special revenue, but such balances shall be used in financing the proposed expenditures of these Funds for the fiscal year commencing the 1 st day of October, 2001. Section 4. That no department, bureau, agency or individual receiving appropriations under the provisions of this resolution shall exceed the amount of its appropriation, except with the consent and approval of the City Commission first obtained. If such department, bureau, agency or individual shall exceed the amount of its appropriation without such consent and approval of the City Commission, the administrative officer or individual, in the discretion of the City Commission, may be deemed guilty of neglect of official duty and may be subject to removal therefor. Section 5. That nothing in this resolution shall be construed as authorizing any reduction to be made in the amounts appropriated in this resolution for the payment of interest on, or retirement of, the debt of the City of Delray Beach, Florida. Section 6. That none of the monies enumerated in this resolution in connection with the General Fund, Water and Sewer Fund, Sanitation Fund or any other Fund of the City shall be expended for any purposes other than those for which they are appropriated, and it shall be the.duty of the Budget Administrator and/or Finance Director to report known violations of this section to the City Manager. Section 7. That all monies collected by any department, bureau, agency or individual of the City government shall be paid promptly into the City Treasury. Section 8. That the foregoing budget is hereby adopted as the official budget of the City of Delray Beach, Florida, for the aforesaid period. However, the restrictions with respect to the expenditures/expenses of the fimds appropriated shall apply only to the lump sum amounts for classes of expenditures/expenses which have been included in this resolution. Section 9. That public hearings were held on the tax levy and the budget on September 4, 2001, and September 19, 2001. 'g~ction 10. That this resolution shall become effective immediately upon its passage. 2001. PASSED AND ADOPTED in regular session on this the 19th day of September, ATTEST: MAYOR City Clerk 2 Res. No 57 -01 EXHIBIT A (As Advertised) BUDGET SUMMARY CITY OF DELRAY BEACH, FLORIDA FISCAL YEAR 2001-2002 CASH BALANCES BROUGHT FORWARD ESTIMATED REV~.NUES: TAXES AD VALOREM TAXES AD VALOREM TAXES AD VALOREM-DELINQUENT AD VALOREM - DDA Sales & Use Taxes Franchise Taxes Utility Taxes Other Taxes Licenses & Permits Intergovernmental Charges for Services Fines & Forfeitures Miscellaneous Revenues Other Financing Sources TOTAL REVENUES AND OTHER FINANCING SOURCES TOTAL ESTIMATED REVENUES AND BALANCES Millages DOWNTOWN GENERAL DEVELOPMENT FUND FUND 62,910 7°47 26,651,470 0.63 2,248,000 64,000 I 00 163,830 1,6O0,400 2,904,000 3,910,000 3,635,000 2,435,690 6,237,670 5,277,440 731,500 3,162,110 6,000 2,615,200 ENTERPRISE FUNDS 1,040,750 15,250 29,467,58O 1,351,970 57,O00 61,472,480 169,830 30,891,800 61,472,480 232,740 31,932,550 SPECIAL REVENUE FUNDS 354,000 1,379,310 28,000 1,146,940 2,554,250 2,908,250 TOTAL 1,457,660 26,651,470 2,246,000 64,000 163,830 1,600,400 2,904,000 3,910,000 3,635,000 2,435,690 7,632,230 34,745,020 731,500 4,548,080 3,819,140 95,088,360 96,546,020 EXPENDITURES/EXPENSES: General Govemment Services Public Safety Physical Environment Transportation Economic Environment Human Services Culture & Recreatio. Debt Service Other Financing Uses TOTAL EXPENDITURES/EXPENSES Reserves TOTAL EXPENDITURES AND RESERVES 6,327,810 34,347,400 335,400 1,353,560 1,996,410 131,000 8,765, i 00 4,801,100 3,046,880 61,104,660 367,820 61,472,480 232,740 232,740 232,740 16,338,600 3,348,140 6,8O9,590 5,242,290 31,738,620 193,930 31,932,550 14,000 1,902,380 700,760 271,620 2,888,760 19,490 2,908,250 6,327,810 34,361,400 16,674,000 1,353,560 4,131,530 131 ,O90 12,814,000 11,610,690 8,560,790 95,964,780 581,240 96,546,020 RES. NO. 57-01 EXHIBIT A (As Amended) BUDGET SUMMARY CITY OF DELRAY BEACH, FLORIDA FISCAL YEAR 2001-2002 CASH BALANCES BROUGHT FORWARD ESTIMATED REVENUES: TAXES AD VALOREM TAXES AD VALOREM TAXES AD VALOREM-DELINQUENT AD VALOREM - DDA Sales & Use Taxes Franchise Taxes Utility Taxes Other Taxes Licenses & Permits Intergovernmental Charges for Services Fines & Forfeitures Miscellaneous Revenues Other Financing Sources TOTAL REVENUES AND OTHER FINANCING SOURCES TOTAL ESTIMATED REVENUES AND BALANCES Millages GENERAL FUND DOWNTOWN DEVELOPMENT ENTERPRISE FUND FUNDS 250,000 62,910 1,040,750 7.37 26,294,690 0.63 2,248,000 64,000 1.00 1,600,400 2,984,000 3,910,000 3,655,000 2,435,690 6,237,670 5,277,440 731,500 3,162,110 2,615,200 163,830 6,000 15,250 29,467,580 ,351,970 57,000 61,215,700 169,830 30,891,800 61,465,700 232,740 31,932,550 SPECIAL REVENUE FUNDS 354,000 1,379,310 28,000 1,146,940 2,554,250 2,908,250 TOTAL 1,707,660 26,294,690 2,248,000 64,000 163,830 1,600,400 2,984,000 3,910,000 3,655,000 2,435,690 7,632,230 34,745,020 731,500 4,548,080 3,819,140 94,831,580 96,539,240 EXPENDITURES/EXPENSES: General Government Services Public Safety Physical Environment Transportation Economic Environment Human Services Culture & Recreation Debt Service Other Financing Uses TOTAL EXPENDITURES/EXPENSES Reserves TOTAL EXPENDITURES AND RESERVES 6,335,180 34,282,550 335,400 1,356,560 1,996,410 131,000 8,751,760 4,801,100 2,946,880 60,936,840 528,860 61,465,700 232,740 232,740 232,740 16,338,600 3,348,760 6,809,590 5,242,29O 31,739,240 193,310 31,932,550 14,000 1,902,380 700,760 271,620 2,888,760 19,490 2,908,250 6,335,180 34,296,550 16,674,000 1,356,560 4,131,530 .131,000 12,801,280 11,610,690 8,460,79O 95,797,580 741,660 96,539,24O /,,-. RES. NO. 57-01 City Of Delray Beach Department of Environmental Services M E M 0 R A N D SEP 3- 2001 CITY MANAGER U M www delrayesd, com TO: FROM: David T. Harden, City Manager Richard C. ~asko. P.E., Environmental Services Director SUBJECT: COMMUNITY CENTERSHELTER UPGRADE DATE: September 4, 2001 Attached is a requested revision to the current Five Year Capital Plan proposal. This revision is for the provision of matching funds for a state grant to perform required construction to bring the Community Center building into compliance with ARC 4496 for hurricane shelter designation. The necessary work is described in the attached structural report, and essentially consists of the construction of intermediary poured concrete columns in the building load bearing walls. This will reduce the distance between existing columns and bring that dimension into compliance with American Red Cross structural requirements for hurricane shelters. The grant request will be in the amount of $ 521,725 with initial City matching funding proposed in the amount of $ 50,000. /rch C: Randal Krejcarek, P.E., City Engineer Maureen Owens, Accountant II Joseph Safford, Finance Director : b~NGTON A~OC I ATES A$$a¢late$ CC: To: From: Date: Rs: Dick H~sko, Director of Env/roornental Services Lisa ICing, Vice Presiden,.(XL...~L)_.ff August 21, 1001 Commtmi~ Budget Is$'~ Request for Emergency ShelTer Ketroflt As >,m~ r~mcmbcr, >'o~ em =l~.d mc to ~h poss~lc ~g so. cs f~ re~ofit of ~ D~y Co~ C~' ~ ~ ~ency ~hcl~r. One ~po~, ~ ~ E~zge~y M~gement ~~ ,&~ (EMPA) C,~::'r?,,,e ~nt ~t ~nt will bc d,~ fi~ I~ ~002 hddi~o~ally ~ le~isl~t~e al~o ~ded 3 ~hdt~r ~oj~ Su;~ ~ De~y's ~ou~t a line nu~ ~;~roprmho~l. 7~ projcc5 were ~fi Erou~ Line Item I$~A a~ s~iv~ ~ by ~ ~or of over 20 ~jcc~ ~ ~ ~ line it~ ~ ~je¢~ vet~d wero nom~¢{~pmj~u. ~cpwjcc~ ~ re~iv~ ~g wee: .Milton Di~as~r Sl~l~ C~, o£Palm Bsy Multi-use Shelter $750,02 $250,000 $250,000 I r~4ewed these projecfs Conmumity Budget Isa:¢ RCques't to, ms. The projects ~re all new com-intction but arc id~tical in ~ as our project Please fred a.'tached a ~ Co:~aT~nity Bmtget Issue Requ~*, for t~ ~ofit oft~ ~lny ~~, C~ d~elo~ ~' ~e Fto~ ~~ ~ ~ ~y ~ comi~ proje~ b~t to ~m by ~Wd~ ~g~slato~. ~ fo~ is a ~ ~ ~ v~i~ of ~ fo~ for ~s ~ ~s~on has not >~t been pub]:sh~& Howler, ~is fo~. ~ong ~ ~ ~C 4496 G~i~l~e Co~han~e $~r, ~I be su~cL~ for ~,~ C~ to rmq~st ~'apF~ ~ ~ projea ~om~k local k~mn Three issues Be should discasi fur[her m'e legisla6ve sponiors, rnachtng ~r~:lf, ~ I public meeting, t~Lea~e call rn~ mC, er ~ou review this &*,curnem. UNITED STATES TENNIS ASSOCIATION Tom Fetzer Chief Exe~udve, Community Tennis 70 West Red Oak Lane White Plains, NY 10604 tel 914.696.7053 tax 914.696.2053 email fetzer@usta.¢om August 16, 2001 The Honorable David Schmidt Mayor of Delray Beach 100 NW First Avenue Delray Beach, FL 33444 Dear Mayor Schmidt: I am ~witing to tell you about an exciting ne~, national irmer-city initiative that the USTA is launching in conjunction with the State of Florida and which we would like to bring to 3'our city. "First Serve" is a collaborative effort based on the successful public-private parmership between Butch Buchholz and Dade Count).' in Miami, which created the Ashe-Buchholz facility at Moore Park. Based on the successful Ashe-Buchholz model in Miami. the USTA, in conjunction with Florida Governor Jeb Bush, proposed to create in public parks throughout the state, a safe place where kids can go after school, have access to computers, receive guidance from a homework tutor. learn the game of tennis and have a nutritional snack or meal before they go home. We have chosen Florida to be the first state to host "F~rst Serx'e" for the following reasons: 1. Governor Bush's life long invoh'ement in tennis, his commitment to children -and education and his reputation as a policy innox ator. The leadership example of Butch Buchholz. the Greater Miami Tennis Foundation and Dade Count3.' have created the physical template we'd like to replicate nationallx. the Ashe-Buchholz facility at Moore Park in Miami Our Florida section leadership embraced this concept and took the initiative, in conjunction xxSth local park and recreation directors, to identify public facilities throughout Florida that would be excellent candidates to host "First Serve" sites We have additional resources based in Florida that could also be marshaled for this effort, our Multicultural Participation Director and Player Development staff in Kev Biscayne. Communities in Schools, with the enthusiastic support and commitment of its Founder and National President, Bill Milliken, have a large presence and one of their stronger state chapters in Florida. We propose a tripartite collaboration to create and launch "First Serve": Public private funding sources to rebuild/refurbish inner-city public park tennis facilities. · Butch Buchholz has volunteered to help raise private dollars, corporate and individual, which xxe will usc to ievcrage public funding from 2 principle sources, local municip~tcounty capital improvement funds for public'parks and state FRDAP grants. 2 Communities in Schools, one of the nation's best mentoring/relationship efforts targeting at risk children will provide computers through poxver up grants (AOL/Time Warner), adult volunteer mentors and on-site coordinators. The Florida CIS office is firmly committed to "First Serve". The USTA xx411 provide a plethora of tennis programs, principally in the form of team tennis instruction and play. We xx5ll, through the help of our sectional office, identify, train and place teaching professionals and development coaches at the sites We will be launching "First Serve" in a national press conference at the U.S. Open at 10'30 a.m Wednesday, September 5~. Participating will be Governor Jeb Bush, Communities In Schools founder and President Bill Mfllliken and USTA President Merv Heller and we would very much like to have you in attendance. A luncheon will be provided after the press conference and tickets to the afternoon matches will be at 3'our disposal ifx'ou can come. In the interim, I xxould welcome the opportunity to talk xxSth you about "First Serve" and how it could impact thousands of young people in Delray Beach. Having served as Mayor of Raleigh, North Carolina for 3 terms ('93 - '99), I am in a position to predict that this initiative could have a tremendous, positive impact on inner-ciD' neighborhoods. I hope you agree and will allow me the opportunity to talk with you or someone on your staff in the near future Warmest regards, ;> ~0 Page 1 of Rangel, Delores From: Loretta Strickland [stricklandl0s@yahoo.com] Sent: Thursday, August 16, 2001 5:23 PM To: Michelina Arminio; Glenn Arrington; Sherry Beckman; Doug Booth; Dave Brown; Kiko Castillo; CeIia Rehm; David Chapman; Don" Cleveland; Tina Dale; Owen Davidson; Jeff Davis; Andi ,D, yke; Patti Evans; Drew Evert; Tom Fetzer; Linda Finkbeiner; Terri Florio; Linda Frazier; Sharon George; Phil ' Girardi; Andy Gladstone; Anthony Grant; Rene Grifol; Rodney Harmon; Jeff Horn; Lance House; Jay Hurst; Larry Jaben; Jake Renfroe; Jenny Jolinski; Mark .K. leinfeld; Li.n.s[ey McMil[ion; .Barbara. Manzo.; Maria Cercone; Matt Krajewski; Sherry McBee; Andy McFarland; Lmsley McMflhon; Jose Medina; Kewn Merngan; Lee Metzger; Jean" Mills; Albert Mora; Nancy Morgan; John Norton; Harriet Orr; Johanna Patterson; Jody Skelton; Gretchen Tenbrock; RandyTrousdale; Albert Tucker;, Kelly Tucker; Sandy TueIIer; Ed TurVille; Paul Van der Grift; Johnny Van Session; Jim Vidamour; Joyce Weiss; Joe Weldon; Bud Asher; Rick Baker; Joe Carollo; Joel Daves; John Delaney; John Fogg; Richard Kaplan; Scott Maddox; De, vid Schmidt; Douglas R St Cemy; Gtly Thompson Subject: Update on the USTA First Serve Initiative Dear First Serve Contacts, Great News! Tom Fetzer and his assistant, Michelina, have been very busy getting emails and hard copies of the attached invitation, regarding the U.S. Open press conference for the First Serve Initiative, to all the Mayors or County Commission Chairs of our recommended sites. Also attached is the latest update of recommended sites and the contacts we have for each site. The new website for the Florida Recreational Developmental Assistance Program (FRDAP) is: http://wv~v$.rnyflorida.com/communities/learn/stateparks/drs/index.html The FRDAP grant application is available on that site. You may also request the grant application electronically by emailing: ,atonya. M.Davis~dep.state.fl.us Remember if your county or city does intend to apply for the FRDAP grant, the submission period is Sept. 12 - Oct. 12, 2001. If you'd like more information on Communities in Schools, their web site is: www.cisnet.org or for a list of CIS programs in FL go to: http://wxvw.cisnet.org/net~vork/our network in.asp? state=FL ri'hanks for everything you do to promote and develop tennis in your communities. Please call or write if you have questions or comments. Loretta "To accomplish great things, we must dream as well as act." --Anatole France Loretta Strickland, USA Tennis Director 1220 Osceola Dr. Ft. Myers, FL 33901 941-476-9613 Do You Yahoo!? Make international calls for as iow as $O.04/minute with Yahoo! Messenger. *** eSafe virus scanner has scanned this email and found it to be virus-free. *** IMPORTANT: Never open attachments from unrecognized senders. *** City of Delray Beach Department: ESDIEn~lineerin9 Capital Improvement Plan Date Submitted: September 4, 2001 FY 2001-2002 to FY 2005-2006 ~Pro~ectCate~lor~: Otherlmprovements ProiectTitle: Communib/CentarShelter Ul~lrade Pro,iect Description: Provision of funds to perform required construction to brin~l the Community Center builidin9 into compliance w~th American Red Cross ARC 4496 for approved hurricane shelter status. PROJECTED COSTS Five Year Capital Program Classification FY 01-02 FY 02-03 FY 03-04 FY 04-05 FY 05-06 Total Land Acquisition Engineering/Architect Design Const~ction Buildings Other Im provementa 521,725 521,725 Equipment Other Fees/Costs TOTAL PROJECTED COSTS 521,725 521,725 PROJECTED REVENUES Five Year Capital Program Revenue Source(s) FY 01-02 FY 024)3 FY 03-04 FY 04-05 FY 05-06 Total 521,725 521,725 Grants Federal State County Special Revenue Funds Assessment District Bend/Bank Financing Other TOTAl. PROJECTED REVENUES 52~,725 0 0 0 0 52~,725 City of Delray Beach Department: Parks and Recreation Capital Improvement Plan Date Submitted: September 5, 2001 FY 2000-2001 to FY 2004-2005 Project Category: Other Im'provements Project Title: Catherine Str;ng-Tennis Courts Project Description: Construction of two lighted tennis courts at Catherine Strong Center.. Other improvements including irrigation, landscaPing, etc, Grant funding from FRDAP for $107,250 and matching funds from the city of $35,750. I PROJECTED COSTS Five Year Capital Program Classification FY 01-02 FY 02-03 FY 03-04 FY 04-05 FY 05-06 Total Land Acquisition Engineering/Architect Design .... · ,, ~ ,v~ ;~ ~ ,~,.: Construction Buildings Other Improvements 143,000 143,000 Equipment Other Fees/Costs TOTAL PROJECTED COSTS 143,000 143,000 PROJECTED REVENUES Five Year Capital Program Revenue Source(s) FY 01-02 FY 02-03 FY 03-04 FY 04-05 FY 05-06 Total Cash {"Pay as you go") General Construction Fund 35,750 35,750 Grants Federal State-FRDAP 107,250 107,250 County Special Revenue Funds Assessment District Bond/Bank Financing Other TOTA'L PROJECTED REVENUES 143,000 143,000 City of Delray Beach ,Department: Police Capital Improvement Plan Date Submitted: April 23, 2001 FY 2001-2002 to FY 2005-2006 Project Catsgor~: Other Improvements Proiect Title: Paint - Police Department Buildinl~ . ,~.~,~, ,~.~~~,~.%~~ , , -. , Pro)ect Description: The Police complex is 13 years old and the building sits in the middle of the area that is planned next for redevelopment in Delray. Currently, the complex does not reflect the image that the Cit~ is trying to project in this important redevelopment ama. There are a number of repairs to the building that need to be performed and the surface areas must he cleaned before the building can be repainted. PROJECTED COSTS Five Year Capital Program Classification FY 01-02 FY 02-03 FY 03-04 FY 04-05 FY 05-06 Total Construction Buildings Other Improvements 64,750 64,750 Equipment Other Feas/Ccets TOTAL PROJECTED COSTS 64,750 64,750 PROJECTED REVENUES Five Year Capital Program Revenue Source(s) FY 01-02 FY 02-03 FY 03-04 FY 04-05 FY 05-06 Total Cash ("Pay as you go") General Construction Fund 64,750 64,750 Grants Federal State Speciil Revenue Funds ~sassment District IBond/Benk Financing [Other TOTAL PROJECTED REVENUES 64,750 64,750 City of Delray Beach Department: ESDIEngr Capital Improvement Plan Date Subm,tted: September 5, 2001 FY 2001-2002 to FY 2005-2006 Project Category: Other Improvements Project Title: Lake Ida Rd Beautification Project Description: Installation of irrigation and landscaping on Lake Ida Road between Congress and Military Trail (with the exception of medians 6 & 7) PROJECTED COSTS Five Year Capital Program Classification FY 01-02 FY 02-03 FY 03-04 FY 04-05 FY 05-06 Total Land Acquisition Engineering/Architect Design Construction Buildings Other Improvements 300,000 300,000 Equipment Other Fees/Costs TOTAL PROJECTED COSTS 300,000 300,000 PROJECTED REVENUES Five Year Capital Program Revenue Source(s) FY 01-02 FY 02-03 FY 03-04 FY 04-05 FY 05-06 Total Cash ("Pay as you go") Beautification Trust Fund Grants Federal State County - PBC Commissioner Discretionary Funds 300,000 300,000 Special Revenue Funds Assessment Distr~ct Bond/Bank Financing Other TOTAL PROJECTED REVENUES 300,000 300,000 C~ty of Delray Beach Department: ESDIEngr Capital Improvement Plan Date Submitted: September 51' 2001 FY 2001-2002 to FY 2005-2006 Project Category: Other Improvements Project T~tle: Lake Ida Rd Beaubfication-Rainberry Bay Project Description: Installation of irrigation and landscaping in medians #6 & #7, flanking the entrance to Rainberry Bay and Lake Ida Road upon completion of County road project. We are applying for a matching county grant with Keep Palm Beach County Beautiful. PI~OJECTED COSTS Five Year Capital Program Classification FY 01-02 FY 02-03 FY 03-04 FY 04-05 FY 05-06 Total Land Acquisition Engineering/Architect Design Construction Buildings ~Other Improvements 93,102 93,102 Equipment Other Fees/Costs TOTAL PROJECTED COSTS 93,102 93,102 PROJECTED REVENUES Five Year Capital Program Revenue Source(s) FY 01-02 FY 02-03 FY 03-04 FY 04-05 FY 05-06 Total Cash ("Pay as you go") Beautification Trust Fund 46,551 46,551 Grants Federal State County - Keep Palm Beach County Beautiful 46,551 46,551 Special Revenue Funds Assessment District Bond/Bank Financing Other TOTAL PROJECTED REVENUES 93,102 93,102 City of Delray Beach Department: Community Improvement Capital Improvement Plan Date Submitted: May 2, 2001 FY 2001-2002 to 2005-2006 Project Category: Other Improvements Project Title: Lake Ida Road Beautification Proiect Description: Installation of irrigation and landscaping in medians # 6 & # 7, flanking the entrance to Rainberry Bay on Lake Ida Road upon completion of County road project. We are applying for a matching ~lrant with Keep Palm Beach County Beautiful Inc. PROJECTED COSTS Five Year Capital Program Classification FY 00-01 ~ FY 01 -021 FY 02-03 FY 03-04 FY 04-05 Total Land Acquisition Engineering/Architect Design Construction Buildings Other Improvements Roadway Median Beaut~ficabon 93,102 93,102 Equipment Other Fees/Costs TOTAL PROJECTED COSTS 93,102 93,102 PROJECTED REVENUES Five Year Capital Program Revenue Source(s) FY 00-01 FY 01-02 FY 02-03 FY 03-04 FY-04-05 Total Cash ("Pay as you go") General Construction Fnd 46,551 46,551 IGrants Keep Palm Beach County 46,551 46,551 Federal State County Special Revenue Funds Assessment District Bond/Bank Financing Other TOTAL PROJECTED REVENUES 93,102 93,102 City of Delray Beach Department: Community Improvement Capital Improvement Plan Date Submitted: May 2, 2001 FY 2001-2002 to 2005-2006 Project Category: Other Improvements Project Title: Lake Ida Road Beautification Project Description: Installation of irn~ation and landscapin~l on Lake Ida Road between Con~lress and Mihtary Trail (with the exception of medians 6 & 7). PROJECTED COSTS Five Year Capital Program Classification FY 00-01 FY 01 -02 FY 02-03 FY 03-04 FY 04-05 Total Land Acquisition Engineering/Architect Design Construction Buildings Dther Improvements Roadway Median Beautification 300,000 300,000 Equipment Other Fees/Costs TOTAL PROJECTED COSTS 300,000 300,000 PROJECTED REVENUES Five Year Capital Program Revenue Source(s) FY 00-01 FY 01-02 FY 02-03 FY 03-04 FY-04-05 Total Cash ("Pay as you go") Grants Federal State County :Special Revenue Funds Assessment District IBondlBank Financing Other PBC Commissioner 300,000 300,000 TOTAL PROJECTED REVENUES 300,000 300,000 MEMORANDUM TO: FROM: SUBJECT: DATE: MAYOR AND CITY COMMISSIONERS CITY MANAGER ~ AGENDA ITEM # /O~ . REGULAR MEETING OF SEPTEMBER 19, 2001 ORDINANCE NO. 46-01 (AMENDING CHAPTER 52 "~ATER") SEPTEMBER 14, 2001 This ordinance is before Commission for second reading and public heating to amend Chapter 52 "Water", of the Code of Ordinances by modifying Section 52.34, ''Water Rates" to provide for a rate increase of six percent in most charges. The Customer Charge is actually being reduced by 13%, reflecting the meter reading savings we achieved by converting to the touch-read meters. The net result will be an increase of somewhat less than 6% for low volume users. This is the first increase in water rates since October 1997, when the City issued a 2% increase. These new rates go into effect on October 1, 2001. At the first reading on September 4, 2001, Commission unanimously approved this ordinance. Recommend approval of Ordinance No. 46-01 on second and final reading. Reft S \C~ty Clerk\Clerk\Agrnemo Ord 46 01Waterlncrease 09 19 01.doc ORDINANCE NO. 46-01 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 52, "WATER", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, BY AMENDING SECTION 52.34, "WATER RATES", SUBSECTION 52.34(B), TO PROVIDE FOR INCREASED RESIDENTIAL, NONRESIDENTIAL AND IRRIGATION RATES FOR FY 2002; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, to provide for accurate accounting of services, the City Commission desires to more accurately reflect the payment for services provided for the rendition of water services on a prorated basis. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Title V, "Public Works", Chapter 52, "Water", Section 52.34, "Water Rates", subsection 52.34(B), of the Code of Ordinances of the City of Delray Beach, Florida, is hereby amended to read as follows: (B) Monthly rates. The monthly rates (except for fire hydrants as set forth in Sec. 52.03) for water furnished by the water facilities or plant of the City to customers within and outside the corporate limits of the City, which unless otherwise indicated shall include the appropriate customer charges, capacity charges, and commodity charges for all customers, are fixed as shown in the following schedule: Type of Customer Inside Outside City City Residential Customer charge (per meter) $ "...~=~ 1.40 $ .~.~.'~ ~ 1.75 Capacity charge (charged to all customers, per residential dwelling unit) Commodity charge (all metered consumption-per 1,000 gallons) Zero to 3,000 gallons 4,000 to 20,000 gallons 21,000 to 35,000 gallons 36,000 to 50,000 gallons Above 50,000 gallons 1.16 1.2[ 1.44 1 27 ~ 1 59 1 40 ~ 1 75 1 52 " ~ 1 90 1.74 ~ 2.17 Nonresidential and Irrigation Customer charge (per meter) 1 40 $ ~ n" 1 75 Capacity charge (based upon meter size): 3/4-inch meter 1-inch meter 1-1/2-inch meter 2-inch meter 3-inch meter 4-inch meter 6-inch meter 8-inch meter 10-inch meter 8 41 g a" 10 50 14.03 ~ 17 54 27 99 ~ ~" 34 99 44 81 ~ 56 01 98.09 ~ 122 62 176.53 ,~.~~ 4o 220 67 392.31 ~ 490 39 672.46 ~3, .,~ 840 58 1,064.76 ~-z~-~-~.62 1,330.96 Commodity charge (all metered consumption-per 1,000 gallons) " n~ 1 27 ~ 1 59 2 Ord. No. 46-01 Section 2. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 3. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 4. October 1, 2001. That this ordinance shall become effective on PASSED AND ADOPTED in regular session on second and final reading on this the day of , 2001. ATTEST: MAYOR City Clerk First Reading Second Reading 3 Ord. No. 46-01 MEMORANDUM TO: FROM: SUBJECT: DATE: MAYOR AND CITY COMMISSIONERS CITY MANAGER ~l/! AGENDA ITEM #/Off - REGULAR MEETING OF SEPTEMBER 19, 2001 ORDINANCE NO. 47-01 (AMENDING CHAPTER 53 "SANITARY SEWERS") SEPTEMBER 14, 2001 This ordinance is before Commission for second reading and public hearing to amend Chapter 53 "Sanitary Sewers", of the Code of Ordinances by modifTmg Section 53.130, "User Charges; Wholesale Sewer Rates; Calculation of Sewer Surcharge" to provide for a rate increase of six percent m the capacity and commodity charges. This is the first increase in sewer rates since October 1997, when the City issued an across the board 2% increase. In addition, we are deleting the "Customer Charge" for sewer since this is for meter reading, billing and collection and is covered in the water rates. The rates for the South Central Treatment and Disposal Board (SCTDB) increased 4.3% and are based upon the actual rates charged to the City. These new rates go into effect on October 1, 2001. The net result of these changes ~s that a residential customer billed for 12,000 gallons of sewer service will see an increase of 1/2%. At the first reading on September 4, 2001, Commission unanimously approved this ordinance. Recommend approval of Ordinance No. 47-01 on second and final reading. Ref' S.\C~ty Clerk\Clerk\Agrnemo Ord 47 01Sewerlncrease 09.19 01.doc ORDINANCE NO. 47-01 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 53, "SANITARY SEWERS", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, BY AMENDING SECTION 53.130, "USER CHARGES; WHOLESALE SEWER RATES; CALCULATION OF SEWER SURCHARGE", SUBSECTION 53.130(D), TO PROVIDE FOR INCREASED RESIDENTIAL AND NONRESIDENTIAL/COMMERCIAL RATES FOR FY 2002; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, to provide for accurate accounting of services, the City Commission desires to more accurately reflect the payment for services provided for the rendition of sewer services on a prorated basis. NOW, THEREFORE, BE iT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA,"AS FOLLOWS: Section 1. That Title V, "Public Works", Chapter 53, "Sanitary Sewers", Section 53.130, "User Charges; Wholesale Sewer Rates; Calculation of Sewer Surcharge", subsection 53.130(D), of the Code of Ordinances of the City of Delray Beach, Florida, is hereby amended to read as follows: (D) The following rates and charges shall be collected from the users of the City sewerage system: (1) Residential dwelling units. A monthly sanitary sewer service charge is imposed upon each residential dwelling unit, as more specifically set forth hereinafter, to which sanitary sewage service is available through the facilities afforded by the municipally-owned sewerage system, according to the following schedule: Residential Inside City Outside City 2.01 NOTES: ,~,'~ (a) Capacity charge (per residential dwelling unit): 10.23 ~ 12.78 '-~,~ (b) Commodity charge (based on metered water with maximum of 12,000 gallons): City (per 1,000 gal 1 OhS ) 1.17 1.24 ~ 1.55 (C) South Central Regional Wastewater Treatment and Disposal Board (per 1,000 gallons) 70 0. 73 ~o ~ 0 91 Where no water service is provided and the user is connected to the sanitary sewer .system, there shall be a monthly customer charge of $5.00 per residential dwelling unit, and the commodity charge shall be based on the maximum of 12,000 gallons. This is in addition to the capacity charges as set forth above. Where no water service is provided and the user is not connected to the sanitary sewer system, and sewer service is available for connection, there shall be a monthly customer charge of $5.00 per residential unit and a capacity charge as set forth above. (2) Nonresidential/commercial units. A monthly sanitary sewer service charge is imposed upon each commercial and nonresidential unit to which sanitary sewage service is available through the facilities afforded by the municipally-owned sewerage system, according to the following schedule: Nonresidential/Commercial Inside City Outside City 2 Ord. No. 47-01 ,~,'~ (a) Capacity charge (per meter): 3/4-inch meter 1-inch meter 1-1/2 inch meter 2-inch meter 3-inch meter 4-inch meter 6-inch meter 8-inch meter 10-inch meter 214 476 818 295 10.23 $ ~ 12.78 17.08 ~nv.~ 21.35 34.04 40.14 42.55 54 48 64-=ztu~ 68.11 119 27 ~ 149.09 62 ~ 268.28 98 ~ 596.23 32 ~ 1,022.90 71 " ~o ns 1 619 63 (C) (b) Commodity charge: City (per 1,000 gallons) 1.17 1.24 ~ 1.55 (c) South Central Regional Wastewater Treatment and Disposal Board (per 1,000 gallons) n on 0 73 0 ~8 0 91 NOTE (1): For those nonresidential/commercial units where water service is not available, and the user is connected to the sanitary sewer system or sewer service is available for connection, there shall be a monthly customer charge of $5.00 and a capacity charge as set forth above. The commodity charge shall be based on the average usage for the type of business or nonresidential use. NOTE (2): The customer charges and capacity charges as set forth in this section shall be due and payable each and every month, regardless of whether or not the water service is available or the water meter is actually turned on or off and without regard to usage or occupancy. (3) Sewerage flow determination. The number of gallons of monthly sewerage flow for residential and nonresidential/commercial units shall be based upon the water usage for those units as indicated by a water meter, unless a customer Ord. No. 47-01 installs at no cost to the City a separate meter to measure the actual sewerage flow from the subject unit. A separate meter may be used to measure actual sewerage flow for the calculation of charges only when the location, installation, and type of meter have been approved by the City Manager or his designee. (4) When effective. The initial rates for charges shall be effective the first day of the month following the date when the system is constructed, certified for use by the consulting engineer, and accepted by the City. Section 2. That all ordinances or parts of ~rdinances in conflict herewith be, and the same are hereby repealed. Section 3. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 4. October 1, 2001. That this ordinance shall become effective on PASSED AND ADOPTED in regular session on second and final reading on this the day of , 2001. ATTEST: MAYOR City Clerk First Reading Second Reading 4 Ord. No. 47-01 MEMORANDUM TO: FROM: SUBJECT: DATE: MAYOR AND CITY COMMISSIONERS CITY MANAGER ff~J'~l AGENDA ITEM #/0 f- - REGULAR MEETING OF SEPTEMBER 19, 2001 ORDINANCE NO. 48-01 (AMENDING CHAPTER 51 "GARBAGE AND TRASH") SEPTEMBER 14, 2001 This ordinance is before Commission for second reading and public hearing to amend Chapter 51 "Garbage and Trash" of the Code of Ordinances by modifying Section 51.70, "Regular Charges Levied" in accordance with the recently awarded bid to Browning FerNs Industries, Inc. (BFI'); garbage, recycling, yard trash, bulk trash, and commercial container fees are being amended. Residential costs will actually be five to eight percent less than customers currently pay. Multi-family rates are being amended to delete container rates and prom& for rates per umt. These fees will be administered and billed by the City this year whereas they were billed by BFI in the past. We feel this method provides better revenue control and forecasting and helped to reduce the overall costs to customers. Commercial rates are also less than previous rates. We reduced the commercial franctuse fee to 5% which is now equal to resxdential and multi-'family umts. There will be a dgnificant reduction in fees for commercial businesses using the 9S-gallon carts. These carts will be equal to resxdenlaal carts and will have disposal charges added. These rates go into effect October 1, 2001. At the first reading on September 4, 2001, Commission unanimously approved this ordinance. Recommend approval of Ordinance No. 48~01 on second and final reading. Reft S.\C~ty Clerk\Clerk\Agmemo Ord 48 01Garbagelncrease 09 19 01.doc ORDINANCE NO. 48-01 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 51, "GARBAGE AND TRASH", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, BY AMENDING SECTION 51.70, "REGULAR CHARGES LEVIED", TO PROVIDE FOR INCREASED RESIDENTIAL AND COMMERCIAL COLLECTION SERVICE RATES FOR FY 2002; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the City Commission finds it necessary and appropriate to increase the collection rates for sanitation services. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Title V, "Public Works", Chapter 51, "Garbage and Trash", Section 51.70, "Regular Charges Levied", of the Code of Ordinances of the City of Delray Beach, Florida, is hereby amended to read as follows: Section 51.70 REGULAR CHARGES LEVIED; The following service charges or fees are levied for collection service: Charges for the below-described collection service shall be as follows and shall commence when a certificate of occupancy is issued for any residential or commercial units, and shall continue monthly thereafter unless service is discontinued in accordance with Sec. 51.73: (A) Residential Service (Single Family Homes, Duplexes, Triplexes, Quadplexes and Mobile Homes) Curbside Rollout Carts Monthly Service Cost Per Unit Garbage Collection $ 2.°~3 2.65 Recycling ~..-~-,~145. Yard Trash I?.3 !.85 Bulk Trash n '~ 0.00 Total Fees - Contractor $ ,5.50 5.95 Cart Replacement Administrative Fee Franchise Fees (5O/o) 0.90 0.35 n ~ 0.30 Total Fees ,~ v,,~,° oo 7.50 Reardoor Owner Container Monthly Service Cost Per Unit Garbage Collection $ &69 8.40 Recycling ~, .,,~,~ 1.45 Yard Trash 1.43 .!...85 Bulk Trash 0.71 0.00 Total Fees - Contractor ~t~ - ~r~ 11.70 Administrative Fee 0.35 Franchise Fee (5%) 0.62 0.59 Total Fees $~.~ 12.64 Curbside Disposable Bags With Vegetative Waste and Bulk Trash Pickup Monthly Service Cost Per Unit Garbage/Trash Collection $1.77 1.70 ling ~ ~ Recyc .... 1.45 Yard Trash ~ 1.85 Bulk Trash n '~ 0.00 Total Fees - Contractor Administrative Fee Franchise Fee (5%) $ 5.2~ 5,.00 0.35 n ~ 0.25 Total Fees $ ~ $.60 (B) Multi-Family Service Multiple-family dwelling units containing five (5) units or more shall use containers emptied by mechanical means, except as otherwise approved by the City because of lack of suitable space for a mechamcal container or other good reason. Multiple-family monthly fees shall include a container charge and per unit charge. If the amount of refuse generated requires more than two (2) times per week collection, then the third (3rd) and all subsequent collections shall be charged the commercial collecuon rate only. ...1 ~l'lf~ /I/"1 ~'1 I'l,~ ~',31 ~4 yd. 22.21 2.22 2~. ~3 ~ ~. 2.55 Collection & Hauling Rate Per Unit Monthly Service Refuse Collection Recycling Total Per Unit Fee-Contractor Administrative Fee Franchise Fee (50/o) Total Monthly Fees Per Unit (C) Commercial Monthly Cost Per Unit $I.~.~° 2.00 n oo 0.85 2.85 0.35 O-.g4 0.14 3.34 (1) Commercial customers shall use mechanical containers or rollout carts. Commercial customers shall include all customers other than residential or multi-family customers. Commercial customers may use any of the following containers for accumulation of refuse: (a) Rollout carts. The City shall require any commercial customer needing more than six (6) rollout carts to use mechamcal containers, if feasible. (b) Mechanical containers. (2) The owners/operators of commercml establishments and other commercial customers shall accumulate such refuse in those locations mutually agreed upon by the owner/operator and the City or its contractor, and which are convenient for collection by the C~ty or its contractor. (3) Containers emptied by mechanical means shall be provided by the City or its contractor. These contamers shall be empued on a schedule mutually agreed upon by the customer and the City or its contractor, but not less than one day a week nor more than six days a week. (4) Commercial customers needing six (6) or less rollout carts, and those approved for this type of service by the City in advance because they lack a suitable location for a mechamcal container shall be serviced at least once per week. All garbage and commercial trash shall be collected from such refuse containers at locations agreed to between the City or its contractor and the customer. The charge shall be based upon the following schedule: Commercial Rates (Monthly) Container Size Container Pickup Frequency (Per Week) 2 yd 1 2 3 4 5 6 7 Collection $ nea $~nne $~o=o SaO~n $4-7~3 $=.~r~ 10.83 21.65 32.48 43.30 54.13 64.95 75.78 Disposal 16.28 32.56 48.84 65.12 81.40 97.68 113.97 Container Maintenance Fee Total Contractor Fees 19.40 19.40 19.40 19.40 19.40 19.40 19.40 46.51 73.61 100.72 127.82 154.93 182.03 209.15 Franchise Fees (5%) 2.33 3.68 Total Fees 5.04 6.39 7.75 9.10 10.46 48.84 77.29 105.76 134.21 162.68 191.13 219.61 3 yd Collection Disposal Container Maintenance Fee Total Contractor Fees Franchise Fees (5%) Total Fees 4 yd Collection Disposal Container .Maintenance Fee Total Contractor Fees Franchise Fees (5%) Total Fees 16.24 32.48 48.71 64.95 81.19 97.43 !,13.66 24.42 48.84 73.26 97.68 122.11 146.53 170.95 21.44 21.44 21.44 21.44 21.44 21.44 19.40 $ tn ~ c $ 98,,86 ~ ~ cT $176.2S ~o~ cnn ~ ~n 62.10 102.76 143.41 184.07 224.74 265.40 304.01 3.11 5.14 7.17 9.20 11.24 13.27 15.20 65.21 107.90 150.58 193.27 235.98 278.67 319.21 21.65 43.30 64.95 86.60 108.25 129.90 151.55 32.56 65.12 97.68 130.25 162.81 195.37 227.93 22.21 22.21 22.21 22.21 22.21 22.21 22.21 76.42 130.63 184.84 239.06 2~3.27 347.48 401.69 ~ ~0 ~ 1~ ~1 00 O~ GO ~ ~ lfl 3.82 6.53 9.24 11.96 14.66 17.37 20.08 80.24 137.16 194.08 251.01 307.93 364.85 421.77 6 yd Collection Disposal Container Maintenance Fee Total Contractor Fees Franchise Fees (5%) Total Fees $ ,~o ro $ ='; ~,'. $ o= '~ e~A ~a e~A-~ on $171 ~,7 32.48 64.95 97.43 129.90 162.38 194.85 48.84 97.68 146.53 195.37 244.21 293.05 25.53 25.53 25.53 25.53 25.53 25.53 106.85 1,88.16 269.49 350.80 432.12 513.43 5.34 9.41 13.47 17.54 21.61 25.67 112.19 197.57 282.96 368.34 453.73 539.10 8 yd Collection Disposal 43.30 86.60 129.90 173.20 216.50 259.80 65.12 130.25 195.37 260.49 325.62 390.74 303.10 455.86 Container ,Maintenance Fee Total Contractor Fees Franchise Fees (5%) Total Fees 27.09 27.09 27.09 27.09 27.09 27.09 $I~0.31 $233.55 $33&77 $~0.99 $5~3.23 135.51 243.94 352.36 460.78 569.21 677.63 6.78 12.20 17.62 23.04 28.46 33.88 $M-3-34 ~ $~3-70~ $4844)0 Sr-o~%~ $711.I~ 142.29 256.14 369.98 483.82 597.67 711.51 27.09 786.05 39.30 825.35 2yd 3yd Commercial Front-Load Compacting Containers 1 2 3 4 Collection Disposal Total Contractor Fee Franchise Fee (5O/o) Total Fees $16.89 61.08 77.97 3.90 $81.87 Collection Disposal Total Contractor Fee Franchise Fee (5°/o) Total Fees $50.67 183.19 233.86 11.69 $245.55 5yd Collection Disposal Total Contractor Fees Franchise Fees (5%) $42.21 152.62 194.83 9.74 $204.57 $126.66 457.91 584.57 29.23 $613.80 6yd Collection Disposal Total Contractor Fees Franchise Fees (5%) Total Fees Commercial/Multi-Family Rolloff Containers: Open-top rolloff container $95.09 93.00 per pickup plus disposal cost Compactors $95.99 9..3:00 per pickup plus disposal cost; PLUS monthly container rental 15Yard $250.00 20Yard 295.00 30Yard 345.00 40Yard 395.00 Excludes commercial recycling and construcuon/demolitmn debris. $202.64 732.64 935.28 46.76 $982.04 95-G~llon Cart Service Pickups Per Week Collection* Disposal Container Monthly Charge Fr. Fee Total Fee _1 $ I~,.76 2.65 $ 8.14 $2.00 $ ?,.90 12.79 $ g~9 0.64 $ 27.39 13.43 2 26?.2 5.30 16.28 2.00 44a.90 23.58 4~4-3 1.18 ~9.17 24.76 3 38.06 7.95 24.42 2.00 64~48 34.37 6:4-5 1.72 70.93 36.09 4 ~ 10.60 32.56 2.00 ~ 45.16 ~ 2.26 92.69 91.09 5 r_~ ar, 13.25 40.70 2.00 ~nA nr~ 55.95 *n A~ 2.80 a,44~46 58.75 6 73.00 15.90 48.84 2.00 ~ 66.74 !2.3~ 3.34 136.22 70.08 NOTE: The foregoing rates are based on $28.00 per ton ($1.88 per cubic yard), which is the anuclpated Sohd Waste Authority tipping fee to be effective October 1, L>4~00 2001. (12)) The charges set forth above for mechaaical containers and rollout carts shall accrue and be payable on the total capacity of the container whether or not it ~s full. Containers of the type and s~ze designated by the City or provided by the City's contractor shall be used. Section 2. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 3. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 4. That this ordinance shall become effective on October 1, 2001. PASSED AND ADOPTED in regular session on second and final reading on this the day of ,2001. MAYOR ATTEST: City Clerk First Reading Second Reading TO: FROM: SUBJECT: DATE: MEMORANDUM MAYOR AND CITY COMMISSIONERS CITY MANAGER ~ AGENDA ITEM I0 J' - REGULAR MEETING OF SEI:VI'EMBER 19, 2001 ORDINANCE NO. 49-01 (EMERGENCY MEDICAL TRANSPORTATION FEES) SEPTEMBER 14, 2001 This ordinance xs before Commission for second reading and public hearing to amend Chapter 96, "Fire Safety and Emergency Services", Section 96.66, "Emergency Medical Transportation Fees", of the City Code to adjust the fee schedule for emergency medical transport,anon in accordance with the National American Fee Schedule. The following service changes or fees are levied for the provision of emergency transportation: 0) Advanced Life Support (ALS-l) Transport fee $330.00 (2) Advanced Life Support (ALS-2) $450.00 Transport fee (3) Skilled Care Transport fee $520.00 (4) Basic Life Support (BLS) Transportation fee $300.00 (5) Mileage ~e ~v.~v,..~e~ on r--:~ $7.00/mile All of the city emergency transport vebacles are Advanced Life Support units, therefore the Basic Life Support Transportation fee was never used. This ordinance shall become effecuve as of October 1, 2001. At the first reading on September 4, 2001, Commission unanimously approved this ordinance. Recommend approval of Ordinance No. 49-01 on second and final reading. Ref' S \Ctty Clerk\Clerk\Agmemol40rd49-01 EmergencyTransportFees 9 19 01.doc ORDINANCE NO. 49-01 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 96, "FIRE SAFETY AND EMERGENCY SERVICES", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, BY AMENDING SECTION 96.66, "EMERGENCY MEDICAL TRANSPORTATION FEES", SUBSECTION 96.66(A), TO ADJUST THE FEE SCHEDULE FOR EMERGENCY MEDICAL TRANSPORTATION IN ACCORDANCE WITH THE NATIONAL AMERICAN FEE SCHEDULE; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, on January 17, 1995, the City Commission adopted Ordinance No. 5- 95, which enacted a new Section 96.66 of the City Code to provide for emergency medical transportation fees; and WHEREAS, m accordance with the implementation of the National Ambulance Fee Schedule a new fee schedule is hereby established; and NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Tide IX, "General Regulations", Chapter 96, "Fire Safety and Emergency Services", Section 96.66, "Emergency Medical Transportation Fees", Subsection 96.66(A), of the Code of Ordinances of the City of Delray Beach, Florida, is hereby amended to read as follows: The following service charges or fees are levied for the provision of emergency medical transportation: (1) Advanced Life Support (ALS-l) Transport fee *ant nn $330.00 (2) Advanced Life Support (ALS-2) $450.00 Transport fee (3) Skilled Care Transport fee $520.00 (4) Basic Life Support (BLS) Transportation fee $300.00 (5) Mileage fee Se on/--:,_ $7.00/mile Section 2. That all ordinances or parts of ordinances m conflict herewith be, and the same are hereby repealed. Section 3. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 4. That this ordinance shall become effective as of October 1, 2001. the PASSED AND ADOPTED in regular session on second and final reading on this __ day of ., 2001. ATTEST: MAYOR City Clerk First Reading Second Reading Ord. No. 49-01 NO. 284--- P.2 ....... FIRE DEPARTMENT e~N~ DELRAY BEACH ' QUI,.FSTREANI · HIGHLAND BEACH R ~V~ORAN'D UM 1993 TO: Kerry B, Ko~a, Fix~ Chief bROM: Ellen P, Wickert, Admini~ve O~c~ DA~: Au~ 27, 2001 i I rmplomentm~(m of the N~onal Amtm!~c~ )~ Scheme is ~g~patod to ~ ~ Oc~b~ 200I or ~ 2002, Wo ne~ ~ e~b~ a n~ f~ scheme ~t shoed be ~eoUve Octob~ 2001. ; A~ is a ~~e~ ~ ~e n~ foc~ ~t~ or ~o~s~ by o~ ! h~ve i~lic~t~l my roc, om~endations t~r ~ for tl~ depmrtmem. Bllen P. Wick~ A~ve Officer FIRE DEPARTMENT HEADQU~ · 501 WEs'r ATLANTIC AVENUE · DELP, AY BEACH, FLORIDA (~81) 24a.7400 · $UNCOM 928-7441)0 · FAX (~61) 243~7.461 HO. ;L:~--P. 3 ...... Sklll~ Extrication'Spin~F '' BLS AL8 -'f Emerg. AL8 - 1.2 Cari Trans. Fee Auto Immobllzation Mileage , , AO429 A0427 A0453 N)454 ins, Only Auto,,, In~, Onl7 Boynton Beach $260,00 $306.00 $445,00 $525,00 $200.00' $20,001 SS.50' West Palm $340,00 $340,00 8340,00 $540.00 NA, N,~ $7.25 Oreansore8 $1s?.00 $2S0.00 $2s0.0o i NA N~ NA ~.?oi ~ ~on ~00.0o $3~0,00 8480.00 ~A N^ Lake Worth $310,00 8310.00 $310.00 NA NA, NA $$.00 Palm Beach Co, 8297,50 $340,00 $340.00 i426.00 NA NA $7.00 Riviera Beach $340,00 $340,00 $$40,00 NA NAI NA Norffi Palm gch $310.00 $310.00 $310.00 NA NA! NA $6.00 863~73 Lake Perk $400.00 $400.00 $400.00 r NA $200,00 NA 87.00 AVERAGE $308.00 $328,00 $380.00 ~,00 ~00,00 820.00 $6,49 RECI~MMENDED FEE STRUCTURE FOR DELRAY BEACH GURRENT DEI. RAY BEACH FEE8 (Different fee efl'u=tum) ASL A0328 Delray Beaoh 220.00 305,00 AL8 - A0330 Mileage 306.00 620 NA '"' BLS f~e wee never ueed aa all our vehiolea am ALB ,/.--- MEMORANDUM TO: FROM: SUBJECT: MAYOR AND CITY COMMISSIONERS CITY MANAGER ~ AGENDA ITEM #/(9/(- REGULAR MEETING OF SEPTEMBER 19, 2001 ORDINANCE NO, 50-01 {REPEALING CHAPTER 57, "RIGHT-OF-WAY PERMITS FOR TELECOMMUNICATIONS SERVICES" and CHAPTER 58, "RIGHT-OF-WAY PERMITS FOR WIRELESS COMMUNICATIONS"; ADOPTING A NEW CHAPTER 57, "RIGHT-OF-WAY APPLICATION PROCESS FOR COMMUNICATIONS FACILITIES"; AMENDING DATE: CHAPTER 50, "UTILITIES GENERALLY: PUBLIC SERVICE TAX" and CHAPTER 93, "CABLE TELEVISION") SEPTEMBER 14, 2001 This ordinance is before Commission for second reading and public hearing to repeal Chapter 57, "Right-of-Way Permits for Telecommunications Services", and Chapter 58, Right-of-Way Perrmts for Wireless Commumcations Systems, of the Code of Ordinances. The proposed ordinance is in response to the adoption of the "Simplified Communications Serv/ces Tax" implemented by the State. In addition, this ordinance adopts a new Chapter 57, "Right-of-Way Application Process for Communication Facilities", amends Chapter 50, Utilities Generally: Public Service Tax, and amends Chapter 93, Cable Television, to remove any references of payments to the City by telecommunications or cable companies. At first reading on September 4, 2001, Commission unanimously approved this ordinance. R.ecommend approval of Ordinance No. 45-01 on second and final reading. Reft $.\C~ty Clerk\Clerk\Agrnemo Ord50 01CommFac~htaes 9 19.01 doc [ITY DF DELA;lY BEfl£H CITY ATTORNEY'S OFFICE 200 NW 1st AVENUE · DELRAY BEACH, FLORIDA 33444 TELEPHONE 561/243-7090 · FACSIMILE 561,'278-4755 Writer's Direct Line: 561/243-7091 1993 DATE: September 13, 2001 TO: FROM: City Commission David Harden, City Manager Brian Shutt, Assistant City Attorney SUBJECT: Communications Rights-of-Way Ordinance The Commission approved, on furst reading, Ordinance No. 50-01 on September 4, 2001. In order to provide for better organization and clarity to Ordinance 50-01, Section 57.03(C)(5), allowing a contractor or agent to act on behalf of an Applicant if they have a letter from the Applicant, has been moved to Section 57.03(H). Please call if you have any questions. Attachment cc: Barbara Garito, City Clerk ORDINANCE NO. 50-01 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, RELATING TO COMMUNICATIONS FACILITIES IN PUBLIC RIGHTS-OF-WAY BY REPEALING CHAPTERS 57 AND 58 AND CREATING A NEW CHAPTER ENTITLED "RIGHT-OF-WAY APPLICATION PROCESS FOR COMMUNICATIONS FACILITIES"; AMENDING CHAPTER 50, "UTILITIES GENERALLY; PUBLIC SERVICE TAX" BY DELETING ALL REFERENCES TO TELECOMMUNICATIONS FACILITIES; AMENDING CHAPTER 93, "CABLE TELEVISION" BY REMOVING THE REQUIREMENT TO PAY FRANCHISE FEES TO THE CITY; PROVIDING FOR RESERVATION OF RIGHTS AND REMEDIES; PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE. WHEREAS, effective January 1, 2001, Section 337.401, Florida Statutes (2000), is amended to state that because federal and state law require the nondiscriminatory treatment of providers of telecommunications services and because of the' desire to promote competition among providers of telecommunications services, it is the intent of the Legislature that municipalities and counties treat telecommunications companies in a nondiscriminatory and competitively neutral manner when imposing rules or regulations governing the placement or maintenance of telecommunications facilities in the public roads or rights-of-way. Rules or regulations imposed by a municipality or county relating to telecommunications companies placing or maintaining telecommunications facilities in its roads or rights-of-way must be generally applicable to all telecommunications companies and, notwithstanding amy other law, may not require a telecommunications company to apply for or enter into an individual license, franchise, or other agreement with the municipality or county as a condition of placing or maintaining telecommunications facilities in its roads or rights-of-way; and WHEREAS, effective October 1, 2001, Section 337.401, Florida Statutes (2000), is further amended to state that because of the unique circumstances applicable to providers of communications services and the fact that federal and state law require the nondiscriminatory treatment of providers of telecommunications services, and because of the desire to promote competition among providers of communications services, it is the intent of the Legislature that municipalities and counties treat providers of communications services in a nondiscriminatory and competitively neutral manner when imposing rules or regulations governing the placement or maintenance of communications facilities in the public roads or rights-of-way. Rules or regulations imposed by a municipality or county relating to providers of communications services placing or maintaining communications facilities in its roads or rights-of-way must be generally applicable to all providers of communications services and, notwithstanding any other law, may not require a provider of communications services, except as otherwise provided for providers of cable service, to apply for or enter into an individual license,. franchise, or other agreement with the municipality or county as a condition of placing or maintaining communications facilities in its roads or rights-of-way; and WHEREAS, it is the intent of the City of Delray Beach to exercise the City's authority over communications services providers' placement and maintenance of facilities in the public rights-of-way; and WHEREAS, it is the City of Delray Beach's intent to treat each communications services provider in a nondiscriminatory and competitively neutral manner in exercising such authority; and WHEREAS, the public rights-of-way subject to the jurisdiction and control of the City of Delray Beach: (1) are critical to the travel of persons and the transport of goods and other tangibles in the business and social life of the community by all citizens; (2) are a unique and physically limited resource and proper management by the City is necessary to maximize efficiency, minimize the costs to the taxpayers of the foregoing uses, and to minimize the inconvenience to and negative effects upon the public from such facilities' placement and maintenance in the public rights-of-way; and (3) are intended for public uses and must be managed and controllod consistently with that intent; and WHEREAS, it is the intent of the City of Delray Beach to exercise its authority to adopt reasonable rules and regulations to the fullest extent allowed by Federal and State law; and WHEREAS, it is the intent of the City of Delray Beach that this Ordinance shall apply to cable service providers only with reference to the calculation and payment of the Communications Services Tax and is not intended to impact the City's regulatory powers pursuant to Chapter 93 of the Code of Ordinances (including the providing of additional services to the City as set forth therein). NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA AS FOLLOWS: Section 1. That Chapter 57 "Right-of-Way Permits for Telecommunication Services" and Chapter 58 "Right-of-Way Permits for Wireless Communications Systems" are hereby repealed in their entirety and replaced by the following: "C HAPTER 57: RIGHT-OF-WAY APPLICATION PROCESS FOR COMMUNICATIONS FACILITIES" Section 57.01 - Intent and Purpose 2 Ord. No. 50-01 It is the intent of the City of Delray Beach to promote the public health, safety and general welfare by: providing for the placement or maintenance of Communications Facilities in the Public' Rights-of-Way within the City; adopting and administering reasonable rules and regulations not inconsistent with State and Federal law, including Section 337.401, Florida Statutes (2000), as it may be amended, the City's home-rule authority, and in accordance with the provisions of the Federal Telecommunications Act of 1996 and other Federal and State law; establishing reasonable rules and regulations necessary to manage the placement or maintenance of Communications Facilities in the Public Rights-of-Way by all Communications Services Providers; and minimizing disruption to the Public Rights-of-Way. In regulating its Public Rights-of-Way, the City shall be governed by and shall comply with all applicable Federal and State laws. Section 57.02 - Definitions For purposes of this Ordinance, the following terms, phrases, words and their derivations shall have the meanings given. Where not inconsistent with the context, words used in the present tense include the future tense, words in the plural number include the singular number, and words in the singular number include the plural number. The words "shall" and "will" are mandatory, and "may" is permissive. Words not otherwise defined shall be construed to mean the common and ordinary meaning. " Abandonment: shall mean the permanent cessation of all uses of a Communications Facility; provided that this term shall not include cessation of all use of a Facility within a physical structure where the physical structure continues to be used. By way of example, and not limitation, cessation of all use of a cable within a conduit, where the conduit continues to be used, shall not be "Abandonment" of a Facility in Public Rights-of-Way. City: shall mean the City of Delray Beach, Florida. Communications Services: shall mean the transmission, conveyance or routing of voice, data, audio, video, or any other information or signals to a point, or between or among points, by or through any electronic, radio, satellite, cable, optical, microwave, or other medium or method now in existence or hereafter devised, regardless of the protocol used for such transmission or conveyance. Notwithstanding the foregoing, for purposes of this Ordinance "cable service", as defined in Section 202.11(2), Florida Statutes (2000), as it may be amended, is not included in the definition of "Communications Services," and cable service providers may be subject to other ordinances of the City. Communications Services Provider: shall mean any Person including a municipality or county providing Communications Services through the placement or maintenance of a Communications Facility in Public Rights-of-Way. "Communications Services Provider" shall also include any Person 3 Ord. No. 50-01 including a municipality or county that places or maintains a Communications Facility in Public Rights- of-Way but does not provide Communications Services. Communications Facility or Facility or System: shall mean any permanent or temporary plant, equipmem and property, including but not limited to cables, wires, conduits, ducts, fiber optics, poles, antennae, converters, splice boxes, cabinets, hand holes, manholes, vaults, drains, surface location markers, appurtenances, and other equipmem or pathway placed or maimained or to be placed or maintained in the Public Rights-of-Way of the City and used or capable of being used to transmit, convey, route, receive, distribute, provide or offer Communications Services. FCC: shall mean the Federal Communications Commission. In Public Rights-of-Way or in the Public Rights-of-Way: shall mean in, on, over, under or across the Public Rights-of-Way. Ordinance: shall mean this Ordinance. Person: shall include any individual, children, firm, association, joint venture, partnership, estate, trust, business trust, syndicate, fiduciary, corporation, organization or legal entity of any kind. successor, assignee, transferee, personal represen~htive, and all other groups or combinations, and shal~ include the City to the extent the City acts as a Communications Services Provider. "Place or maintain" or "placement or maintenance" or "placing or maintaining": shall mean to erect, construct, install, maintain, place, repair, extend, expand, remove, occupy, locate or relocate. A Communications Services Provider that owns or exercises physical control over Communications Facilities in Public Rights-of-Way, such as the physical control to maintain and repair, is "placing or maintaining" the Facilities. A Person providing service only through resale or only through use of a third party's unbundled network elemems is not "placing or maintaining" the Communications Facilities through which such service is provided. The transmission and receipt of radio frequency signals through the airspace of the Public Rights-of-Way does not constitute "placing or maintaining" Facilities in the Public Rights-of-Way. Public Rights-of-Way: shall mean a public right-of-way, public utility easemem, highway, street, bridge, tunnel or alley for which the City is the authority that has jurisdiction and control and may lawfully gram access to pursuam to applicable law, and includes the surface, the air space over the surface and the area below the surface. "Public Rights-of-Way" shall not include private property. "Public Rights-of-Way" shall not include any real or personal City property except as described above and shall not include City buildings, fixtures, poles, conduits, facilities or other structures or improvemems, regardless of whether they are situated in the Public Rights-of-Way. 4 Ord. No. 50-01 Registrant: shall mean a Communications Services Provider that has Registered with the City in accordance with the provisions of this Ordinance. Registration or Register: shall mean the process described in this Ordinance whereby a Communications Services Provider provides certain information to the City. Section 57.03 - Registration for Placing or Maintaining Communications Facilities in Public Rights-of-Way (A). A Communications Services Provider that desires to place or maintain a Communications Facility in Public Rights-of-Way in the City shall first Register with the City in accordance with this Ordinance. Subject to the terms and conditions prescribed in this Ordinance, a Registrant may place or maintain a Communications Facility in Public Rights-of-Way. (B). A Registration shall not convey any title, equitable or legal, to the Registrant in the Public Rights-of-Way. Registration under this Ordinance governs only the placement or maintenance of Communications Facilities in Public Rights-of-Way. Other ordinances, codes or regulations may apply to the placement or maintenance in the Public Rights-of-Way of facilities that are not Communications Facilities. Registration does not excuse a Communications Services Provider from obtaining appropriate access or pole attachment agreements before locating its Facilities on the City's or another Person's facilities. Registration does not excuse a Communications Services Provider from complying with all applicable City ordinances, codes or regulations, including this Ordinance. (C). Each Communications Services Provider that desires to place or maintain a Communications Facility in Public Rights-of-Way in the City shall file a single Registration with the City which shall include the following information: (1) name of the applicant; (2) name, address and telephone number of the applicant's primary contact person in connection with the Registration, and the person to contact in case of an emergency; (3) evidence of the insurance coverage required under this Ordinance and acknowledgment that Registrant has received and reviewed a copy of this Ordinance, which acknowledgment shall not be deemed an agreement; and (4) the number of the applicant's certificate of authorization or license to provide Communications Services issued by the Florida Public Service Commission, the Federal Communications Commission, or other Federal or State authority, if any; 5 Ord. No. 50-01 (65) for an applicant that does not provide a Florida Public Service Commission certificate of authorization number, if the applicant is a corporation, proof of authority to do business in the State of Florida, including the number of the certificate of incorporation. (D). The City shall review the information submitted by the applicant. Such review shall be by the City Engineer or his or her designee. If the applicant submits information in accordance with Section 57.03(C) above, the Registration shall be effective and the City shall notify the applicant of the effectiveness of Registration in writing. If the City determines that the information has not been submitted in accordance with Section 57.03(C) above, the City shall notify the applicant of the non- effectiveness of Registration, and reasons for the non-effectiveness, in writing. The City shall so reply to an applicant within thirty (30) days after receipt of registration information from the applicant. Non- effectiveness of Registration shall not preclude an applicant from filing subsequent applications for Registration under the provisions of this Section. An applicant has fifteen (15) business days after receipt of a notice of non-effectiveness of Registration to appeal the decision as provided in Section 57.07 (E). A Registrant may cancel a Registration upon written notice to the City stating that it will no longer place or maintain any Communications Facilities in Public Rights-of-Way within the City and will no longer need to obtain permits to perform work in Public Rights-of-Way. A Registrant cannot cancel a Registration if the Registrant continues to place or maintain any Communications Facilities in Public Rights-of-Way. (F). Registration does not in and of itself establish a right to place or maintain or priority for the placement or maintenance of a Communications Facility in Public Rights-of-Way within the City but shall establish for the Registrant a right to apply for a permit, if permitting is required by the City. Registrations are expressly subject to any future amendment to or replacement of this Ordinance and further subject to any additional City ordinances, as well as any State or Federal laws that may be enacted. (G). A Registrant shall renew its Registration with the City by April 1 of even numbered years in accordance with the Registration requirements in this Ordinance, except that a Registrant that initially registers during the even numbered year when renewal would be due or the odd numbered year immediately preceding such even numbered year shall not be required to renew until the next even numbered year. Within thirty (30) days of any change in the information required to be submitted pursuant to Section 57.03(C), except, as of October 1, 2001, Section 57.03(C), a Registrant shall provide updated information to the City. If no information in the then-existing Registration has 6 Ord. No. 50-01 changed, the renewal may state that no information has changed. Failure to renew a Registration may. result in the City restricting the issuance of additional permits until the Communications Services Provider has complied with the Registration requirements of this Ordinance. (H). In accordance with applicable City ordinances, codes or regulations, a permit may be required of a Communications Services Provider that desires to place or maintain a Communications Facility in Public Rights-of-Way. An effective Registration shall be a condition of obtaining a permit. Notwithstanding an effective Registration, permitting requirements shall apply. A permit may be obtained by or on behalf of a Registrant having an effective Registration if all permitting requirements are met. If a contractor performs work in City rights-of-way on behalf of a Registrant, the City shall be provided with a letter specifying that said contractor is performing work on Registrant's behalf, it being understood that any such work is subiect to applicable terms of this Chapter. Section 57.04 - Notice of Transfer, Sale or Assignment of Assets in Public Rights-of-Way If a Registrant transfers, sells or assigns its assets located in Public Rights-of-Way incident to a transfer, sale or assignment of the Registrant's assets, the transferee, buyer or assignee shall be obligated to comply with the terms of this Ordinance. Written notice of any such transfer, sale or assignment shall be provided by such Registrant to the City within twenty (20) days after the effective date of the transfer, sale or assignment. If the transferee, buyer or assignee is a current Registrant, then the transferee, buyer or assignee is not required to re-Register. If the transferee, buyer or assignee is not a current Registrant, then the transferee, buyer or assignee shall Register as provided in Section 4 within sixty (60) days of the transfer, sale or assignment. Section 57.05 - Placement or Maintenance of a Communications Facility in Public Rights -of-Way (A). A Registrant shall at all times comply with and abide by all applicable provisions of the State and Federal law and City ordinances, codes and regulations in placing or maintaining a Communications Facility in Public Rights-of-Way. (B). A Registrant shall not commence to place or maintain a Communications Facility in Public Rights-of-Way until all applicable permits, if any, have been issued by the City or other appropriate authority, except in the case of an emergency. The term "emergency" shall mean a condition that affects the public's health, safety or welfare, which includes an unplanned out-of-service condition of a pre-existing service. Registrant shall provide prompt notice to the City of the placement or maintenance o.f a Communications Facility in Public Rights-of-Way in the event of an emergency. Registrant acknowledges that as a condition of granting such permits, the City may impose reasonable rules or regulations governing the placement or maintenance of a Communications Facility in Public Rights-of-Way. Permits shall apply only to the areas of Public Rights-of-Way specifically identified in the permit. The City may issue a blanket permit to cover certain activities, such as routine maintenance 7 Ord. No. 50-01 and repair activities, that may otherwise require individual permits. As part of any permit application. to place a new or replace an existing Communications Facility in Public Rights-of-Way, the Registrant shall provide the following: (1) The location of the proposed Facilities, including a description of the Facilities to be installed, where the Facilities are to be located, and the approximate size of Facilities that will be located in Public Rights-of-Way; (2) A description of the manner in which the Facility will be installed (i.e. anticipated construction methods or techniques); (3) A maintenance of traffic plan for any disruption of the Public Rights-of-Way; (4) Information on the ability of the Public Rights-of-Way to accommodate the proposed Facility, if available (such information shall be provided without certification as to correctness, to the extent obtained from other Persons); (5) If appropriate given the Facility proposed, an estimate of the cost of restoration t¢ the Public Rights-of-Way; (6) The timetable for construction of the project or each phase thereof, and the areas of the City which will be affected; and (7) Such additional information as the City finds reasonably necessary with respect to the placement or maintenance of the Communications Facility that is the subject of the permit application to review such permit application. (C). To the extent not otherwise prohibited by State or Federal law, the City shall have the power to prohibit or limit the placement of new or additional Communications Facilities within a particular area of Public Rights-of Way. (D). All Communications Facilities shall be placed or maintained so as not to unreasonably interfere with the use of the Public Rights-of-Way by the public and with the rights and convenience of property owners who adjoin any of the Public Rights-of-Way or with other users who have facilities located in the public right-of-way. The use of trenchless technology (i.e., directional bore method) for the installation of Facilities in the Public Rights-of-Way as well as joint trenching or the co-location of facilities in existing conduit is strongly encouraged, and should be employed wherever feasible. The City Manager or his/her designee may promulgate reasonable rules and regulations concerning the placement or maintenance of a Communications Facility in Public Rights-of-Way consistent with this Ordinance and other applicable law. All safety practices required by applicable law or accepted industry practices an( 8 Ord. No. 50-01 standards shall be used during the placement or maintenance of Communications Facilities. After the completion of any placement or maintenance of a Communications Facility in Public Rights-of-Way or' each phase thereof, a Registrant shall, at its own expense, restore the Public Rights-of-Way to its original condition before such work. If the Registrant fails to make such restoration within thirty (30) days, or such longer period of time as may be reasonably required under the circumstances, following the completion of such placement or maintenance, the City may perform restoration and charge the costs of the restoration against the Registrant in accordance with Section 337.402, Florida Statutes (2000), as it may be amended. For twelve (12) months following the original completion of the work, the Registrant shall guarantee its restoration work and shall correct any restoration work that does not satisfy the requirements of this Ordinance at its own expense. (E). Removal or relocation at the direction of the City of a Registrant's Communications Facility in Public Rights-of-Way shall be governed by the provisions of Sections 337.403 and 337.404, Florida Statutes (2000), as they may be amended. (F). A permit from the City constitutes authorization to undertake only certain activities in Public Rights-of-Way in accordance with this Ordinance, and does not create a property right or grant authority to impinge upon the rights of others who may have an interest in the Public Rights-of-Way. (G). A Registrant shall maintain its Communications Facility in Public Rights-of-Way in a manner consistent with accepted industry practice and applicable law. (H). In connection with excavation in the Public Rights-of-Way, a Registrant shall, where applicable, comply with the Underground Facility Damage Prevention and Safety Act set forth in Ch. apter 556, Florida Statutes (2000), as it may be amended. (I). Registrant shall use and exercise due caution, care and skill in performing work in the Public Rights-of-Way and shall take all reasonable steps to safeguard work site areas. (J). Upon request of the City, and as notified by the City of the other work, construction, installation or repairs referenced below, a Registrant may be required to coordinate placement or maintenance activities under a permit with any other work, construction, installation or repairs that may be occurring or scheduled to occur within a reasonable timeframe in the subject Public Rights-of-Way, and Registrant may be required to reasonably alter its placement or maintenance schedule as necessary so as to minimize disruptions and disturbance in the Public Rights-of-Way. (K). A Registrant shall not place or maintain its Communications Facilities so as to interfere with, displace, damage or destroy any facilities, including but not limited to, sewers, gas or water mains, storm drains, pipes, cables or conduits of the City or any other Person's facilities lawfully occupying the Public Rights-of-Way of the City. 9 Ord. No. 50-01 (L). The City makes no warranties or representations regarding the fitness, suitability, or availability of the City's Public Rights-of-Way for the Registrant's Communications Facilities and any performance of work, costs incurred or services provided by Registrant shall be at Registrant's sole risk. Nothing in this Ordinance shall affect the City's authority to add, vacate or abandon Public Rights-of-Way, and the City makes no warranties or representations regarding the availability of any added, vacated or abandoned Public Rights-of-Way for Communications Facilities. (M). The City shall have the right to make such inspections of Communications Facilities placed or maintained in Public Rights-of-Way as it finds necessary to ensure compliance with this Ordinance. (N). A permit application to place a new or replace an existing Communications Facility in Public Rights-of-Way shall include plans showing the location of the proposed installation of Facilities in the Public Rights-of-Way. If the plans so provided require revision based upon actual installation, the Registrant shall promptly provide revised plans. The plans shall be in a hard copy format or an electronic format specified by the City, provided such electronic format is maintained by the Registrant. Such plans in a format maintained by the Registra.n,t shall be provided at no cost to the City. (O). The City reserves the right to place and maintain, and permit to be placed or maintained, sewer, gas, water, electric, storm drainage, communications, and other types of facilities, cables or conduit, and to do, and to permit to be done, any underground and overhead installation or improvement that may be deemed necessary or proper by the City in Public Rights-of-Way occupied by the Registrant. The City further reserves without limitation the right to alter, change, or cause to be changed, the grading, installation, relocation, or width of the Public Rights-of-Way within the limits of the City and within said limits as same may from time to time be altered. (P). A Registrant shall, on the request of any Person holding a permit issued by the City, temporarily raise or lower its Communications Facilities to permit the work authorized by the permit. The expense of such temporary raising or lowering of Facilities shall be paid by the Person requesting the same, and the Registrant shall have the authority to require such payment in advance. The Registrant shall be given not less than thirty (30) days advance written notice to arrange for such temporary relocation. (Q). A wireless facility that is a portion of a Communication Facility, such as an antenna ("Wireless Facility(ies)"), which is attached to a legally maintained vertical structure in the Public Rights-of-Way, such as a light pole or utility pole ("Vertical Structure(s)"), shall be governed by Land Development Regulation Section 4.3.3(S). Section 57.06 - Suspension of Permits 10 Ord. No. 50-01 The City may suspend a permit for work in the Public Rights-of-Way, subject to Section 57.07 of this Ordinance, for one or more of the following reasons: (1). (2). (3). (4). violation of permit conditions, including conditions set forth in the permit, this Ordinance or other applicable City ordinances, codes or regulations governing placement or maintenance of Communications Facilities in Public Rights-of-Way; misrepresentation or fraud by Registrant in a Registration or permit application to the City; or failure to properly renew or ineffectiveness of Registration. failure to relocate or remove Facilities as may be lawfully required by the City. The City Manager or his/her designee shall provide notice and an opportunity to cure any violation of (1) through (4) above, each of which shall be reasonable under the circumstances. Section 57.07 - Appeals If an application for use of the rights:of-way or a renewal of the application or a permit is denied by the City, and if the applicant wants to appeal tM denial, the applicant must file an appeal with the City Manager within fifteen (15) business days of the date of the denial. Any appeal not timely filed as set forth above shall be waived. The City Commission shall hear the appeal within fifteen (15) business days of the filing of the appeal or at the first regular scheduled Commission meeting thereafter. Section 57.08 - Involuntary Termination of Registration (A). The City may terminate a Registration if: (1) a Federal or State authority suspends, denies, or revokes a Registrant's certification or license to provide Communications Services; (2) the Registrant's placement or maintenance of a Communications Facility in the Public Rights-of-Way presents an extraordinary danger to the general public or other users of the Public Rights-of-Way and the Registrant fails to remedy the danger promptly after receipt of written notice; or (3) the Registrant ceases to use all of its Communications Facilities in Public Rights-of- Way and has not complied with Section 57.15 of this Ordinance. notice setting Prior to termination, the Registrant shall be notified by the City Manager with a written forth all matters pertinent to the proposed termination action, including which of (1) 11 Ord. No. 50-01 through (3) above is applicable as the reason therefore, and describing the proposed action of the City. with respect thereto. The Registrant shall have sixty (60) days after receipt of such notice within which to address or eliminate the reason or within which to present a plan, satisfactory to the City Manager, to accomplish the same. If the plan is rejected, the City Manager shall provide written notice of such rejection to the Registrant and shall make a recommendation to the City Commission regarding a decision as to termination of Registration. A decision by the City to terminate a Registration may only be accomplished by an action of the City Commission. A Registrant shall be notified by written notice of any decision by the City Commission to terminate its Registration. Such written notice shall be sent within ten (10) days after the decision. (C). In the event of termination, the former Registrant shall: (i) notify the City of the assumption or anticipated assumption by another Registrant of ownership of the Registrant's Communications Facilities in Public Rights-of-Way; or (ii) provide the City with an acceptable plan for disposition of its Communications Facilities in Public Rights-of-Way. If a Registrant fails to comply with this Subsection 57.08(C), which determination of non-compliance is subject to appeal as provided in Section 57.07, the City may exercise any remedies or rights it has at law or in equity, including but not limited to taking possession of the Facilities where another Person has not assumed the ownership or physical control of the Facilities or requiring She Registrant within 90 days of the termination, or such longer period as may be agreed to by the Registrant, to remove some or all of the Facilities from the Public Rights-of-Way and restore the Public Rights-of-Way to its original condition before the removal. (D). In any event, a terminated Registrant shall take such steps as are necessary to render safe every portion of the Communications Facilities remaining in the Public Rights-of-Way of the City. (E). In the event of termination of a Registration, this Section does not authorize the City to cause the removal of Communications Facilities used to provide another service for which the Registrant or another Person who owns or exercises physical control over the Facilities holds a valid certification or license with the governing Federal or State agency, if required for provision of such service, and is Registered with the City, if required. Section 57.09 - Existing Communications Facilities in Public Rights-of-Way A Communications Services Provider with an existing Communications Facility in the Public Rights-of-Way of the City has sixty (60) days from the Effective Date of this Ordinance to comply with the terms of this Ordinance, including, but not limited to, Registration, or be in violation thereof. Section 57.10 - Insurance 12 Ord. No. 50-01 A Registrant shall provide, pay for and maintain insurance, satisfactory to the City. All insurance shall be from responsible companies duly authorized to do business in the State of Florida and' having a rating reasonably acceptable to the City. All liability policies shall provide that the City is an additional insured as to the activities under this Ordinance. The required coverages must be evidenced by properly executed Certificates of Insurance forms. The Certificates must be signed by the authorized representative of the insurance company and shall be filed and maintained with the City annually. Thirty (30) days advance written notice by registered, certified or regular mail or facsimile as determined by the City must be given to the City of any cancellation, intent not to renew or reduction in the policy coverages. The insurance requirements may be satisfied by evidence of self-insurance or other types of insurance acceptable to the City. Section 57.11 - Indemnification (A). A Registrant shall, at its sole cost and expense, indemnify, hold harmless, and defend the City, its officials, boards, members, agents, and employees, against any and all claims, suits, causes of action, proceedings, judgments for damages or equitable relief, and costs and expenses incurred by the City arising out of the placement or maintenance of its Communications System or Facilities in Public Rights-of-Way, regardless of whether the 'act or omission complained of is authorized, allowed or prohibited by this Ordinance, provided, howeveL that a Registrant's obligation hereunder shall not extend to any claims caused by the negligence, gross negligence or wanton or willful acts of the City. This provision includes, but is not limited to, the City's reasonable attorneys' fees incurred in defending against any such claim, suit or proceedings. The City agrees to notify the Registrant, in writing, within a reasonable time of the City receiving notice, of any issue it determines may require indemnification. Nothing in this Section shall prohibit the City from participating in the defense of any litigation by its own counsel and at its own cost if in the City's reasonable belief there exists or may exist a conflict, pbtential conflict or appearance of a conflict. Nothing contained in this Section shall be construed or interpreted: (a) as denying to either party any remedy or defense available to such party under the laws of the State of Florida; or (b) as a waiver of sovereign immunity beyond the waiver provided in Section 768.28, Florida Statutes (2000), as it may be amended. (13). The indemnification requirements shall survive and be in effect after the termination or cancellation of a Registration. Section 57.12 - Construction Bond (A). Prior to issuing a permit where the work under the permit will require restoration of Public Rights-of-Way, the City may require a construction bond to secure the restoration of the Public Rights-of-Way. Notwithstanding the foregoing, a construction bond hereunder may only be required to the extent that the cost of the restoration exceeds the amount recoverable against the Security Fund as provided in Section 57.13. Twelve (12) months after the completion of the restoration in Public Rights- 13 Ord. No. 50-01 of-Way, in accordance with the bond, the Registrant may eliminate the bond. However, the City may- subsequently require a new bond for any subsequent work in the Public Rights-of-Way. The construction bond shall be issued by a surety having a rating reasonably acceptable to the City; shall be subject to the approval of the Risk Manager; and shall provide that: "For twelve (12) months after issuance of this bond, this bond may not be canceled, or allowed to lapse, until sixty (60) days after receipt by the City, by certified mail, return receipt requested, of a written notice from the issuer of the bond of intent to cancel or not to renew. (B). The rights reserved by the City with respect to any construction bond established pursuant to this Section are in addition to all other rights and remedies the City may have under this Ordinance, or at law or equity. (C). The rights reserved to the City under this Section are in addition to all other rights of the City, whether reserved in this Ordinance, or authorized by other law, and no action, proceeding or exercise of a right with respect to the construction bond will affect any other right the City may have. Section 57.13 - Security Fund At or prior to the time a Registrant receives its first permit to place or maintain a Communications Facility in Public Rights-of-Way after the effective date of this Ordinance, the Registrant may be required to file with the City, for City approval, an annual bond, cash deposit or irrevocable letter of credit in the sum of $25,000 having as a surety a company qualified to do business in the State of Florida, and acceptable to the Risk Manager, which shall be referred to as the "Security Fund." The Security Fund shall be maintained from such time through the earlier of: 1. transfer, sale, agsignment or removal of all Communications Facilities in Public Rights-of-Way; or 2. twelve (12) months after the termination or cancellation of any Registration. The Security Fund shall be conditioned on the full and faithful performance by the Registrant of all requirements, duties and obligations imposed upon Registrant by the provisions of this Ordinance. The Security Fund shall be furnished annually or as frequently as necessary to provide a continuing guarantee of the Registrant's full and faithful performance at all times. In the event a Registrant fails to perform its duties and obligations imposed upon the Registrant by the provisions of this Ordinance, subject to Section 57.14 of this Ordinance, there shall be recoverable, jointly and severally from the principal and surety of the Security Fund, any damages or loss suffered by the City as a result, including the full amount of any compensation, indemnification or cost of removal, relocation or abandonment of any Facilities of the Registrant in Public Rights-of-Way, plus a reasonable allowance for attorneys' fees, up to the full amount of the Security Fund. Notwithstanding the foregoing, the City may in its discretion not require a Security Fund or may accept a corporate guarantee of the Registrant or its parent company. Section 57.14 - Enforcement Remedies 14 Ord. No. 50-01 A Registrant's failure to comply with provisions of this Ordinance shall constitute a violation of this Ordinance and shall subject the Registrant to the code enforcement provisions and procedures as provided in Chapter 37 of the Code of Ordinances or to any other legal or equitable remedy available to the City including, but not limited to, injunctive relief. In addition, violation of this Ordinance may be punishable as provided in Section 162.22, Florida Statutes, as it may be amended. Failure of the City to enforce any requirements of this Ordinance shall not constitute a waiver of the City's right to enforce that violation or subsequent violations of the same type or to seek appropriate enforcement remedies. Section 57.15 - Abandonment of a Communications Facility (A). Upon Abandonment of a Communications Facility owned by a Registrant in Public Rights-of-Way, the Registrant shall notify the City within ninety (90) days. (B). The City may direct the Registrant by written notice to remove all or any portion of such Abandoned Facility at the Registrant's sole expense if the City determines that the Abandoned Facility's presence interferes with the public health, safety or welfare, which shall include, but shall not be limited to, a determination that such Facility: (i) c. ompromises safety at any time for any Public Rights- of-Way user or during construction or maintenance in Public Rights-of-Way; (ii) prevents another Person from locating facilities in the area of Public Rights-of-Way where the Abandoned Facility is located when other alternative locations are not reasonably available; or (iii) creates a maintenance condition that is disruptive to the Public Rights-of-Way's use. In the event of (ii), the City may require the third Person to coordinate with the Registrant that owns the existing Facility for joint removal and placement, where agreed to by the Registrant. (C). In the event that the City does not direct the removal of the Abandoned Facility, the Registrant, by its notice of Abandonment to the City shall be deemed to consent to the alteration or removal of all or any portion of the Facility by the City or another Person at such third party's cost. (D). If the Registrant fails to remove all or any portion of an Abandoned Facility as directed by the City within a reasonable time period as may be required by the City under the circumstances, the City may perform such removal and charge the cost of the removal against the Registrant. Section 57.16 - Force Majeure In the event a Registrant's performance of or compliance with any of the provisions of this Ordinance is prevented by a cause or event not within the Registrant's control, such inability to perform or comply shall be deemed excused and no penalties or sanctions shall be imposed as a result, provided, however, that such Registrant uses all practicable means to expeditiously cure or correct any such inability to perform or comply. For purposes of this Ordinance, causes or events not within a 15 Ord. No. 50-01 Registrant's control shall include, without limitation, acts of God, floods, earthquakes, landslides,. hurricanes, fires and other natural disasters, acts of public enemies, riots or civil disturbances, sabotage, strikes and restraints imposed by order of a governmental agency or court. Causes or events within Registrant's control, and thus not falling within this Section, shall include, without limitation, Registrant's financial inability to perform or comply, economic hardship, and misfeasance, malfeasance or nonfeasance by any of Registrant's directors, officers, employees, contractors or agents. Section 57.17 - Reservation of Rights and Remedies (A). The City reserves the right to amend this Ordinance as it shall f'md necessary in the lawful exercise of its police powers. (B). This Ordinance shall be applicable to all Communications Facilities placed in the Public Rights-of-Way on or after the effective date of this Ordinance and shall apply to all existing Communications Facilities in the Public Rights-of-Way prior to the effective date of this Ordinance, to the full extent permitted by State and Federal law. (C). The adoption of this Ordinanc~e is ngt intended to affect any rights or defenses of the City or a Communications Service Provider under any existing franchise, license or other agreements with a Communications Services Provider. (D). Nothing in this Ordinance shall affect the remedies the City or the Registrant has available under applicable law. (E). Any Person who uses the Communications Facilities of a Registrant, other than the Registrant that owns the Facilities, shall not be entitled to any rights to place or maintain such Facilities in excess of the rights of the Registrant that places or maintains the Facilities. Section 57.18 - Severability The provisions of this Ordinance are declared to be severable and if any section, sentence, clause or phrase of this Ordinance shall, for any reason, be held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining sections, sentences, clauses and phrases of this Ordinance but shall remain in effect, it being the legislative intent that this Ordinance shall stand notwithstanding the invalidity of any part. Section 2. That Chapter 50, ""Utilities Generally; Public Service Tax", Section 50.15, "Levy of Tax", Subsection 50.15(B), "Telecommunications Services", of the Code of Ordinances of the City of Delray Beach, Florida, is hereby deleted in its entirety. 16 Ord. No. 50-01 Section 3. That Chapter 50, "Utilities Generally; Public Service Tax", Section 50.16, "When Sale in City Deemed Made", of the Code of Ordinances of the City of Delray Beach, Florida, be, and the same is hereby amended to read as follows: Section 50.16 WHEN SALE IN CITY DEEMED MADE. For the purpose of this subchapter, a sale shall be determined to be made in the City in every instance where electricity or bottled gas (natural or manufactured) is delivered to a purchaser residing within the City, regardless of whether the residence or business or headquarters of the seller is located within the City or elsewhere, x~7~,h ...... ~ *" *"~ ........ ~"o" ...... ~ ..... ~" "'~*~"' the C'.'~' is Section 4. That Chapter 50, "Utilities Generally; Public Service Tax", Section 50.17, "Seller to Collect", Subsection 50.17(A), of the Code of Ordinances of the City of Delray Beach, Florida, be, and the same is hereby amended to read as follows: Section 50.17 SELLER TO COLLECT (A) It shall be the duty of every seller of electricity, or bottled gas (natural or manufactured), er te!ecc_.'v_m,2n'.'c2?_'en se_"'.4ce to collect from the purchaser, for the use of the City, the tax hereby levied, at the time of collecting the selling price charged for each transaction, and to report and pay over, on or before the fifteenth day of each calendar month, to the Finance Department of the City, all such taxes levied and collected during the preceding calendar month. It shall be unlawful for any seller to collect the price of any sale of electricity~ or bottled gas (natural or manufactured), er te!ece.mmun'.'c2t'_'en serv'.'ce without at the same time collecting the tax hereby levied in respect to such sale or sales. Section5. That Chapter 50, "Utilities Generally; Public Service Tax", Section 50.19, "Monthly Returns Required; Computation", Subsection 50.19(B), of the Code of Ordinances of the City of Delray Beach, Florida, be, and the same is hereby amended to read as follows: Section 50.19 MONTHLY RETURNS REQUIRED; COMPUTATION. (B) In all cases where the seller of electricity, or bottled gas (natural or manufactured), o~ telece..'v..-v.."2.'.'c2*_~_ens serv'.'ce collects the price thereof at monthly periods, the tax hereby levied may be computed on the aggregate amount of sales during such period, provided that the amount of tax to be collected shall be the nearest whole cent to the amount computed. Section 6. That Chapter 93, "Cable Television", Section 93.36, "Maps, Plats and Reports", of the Code of Ordinances of the City of Delray Beach, Florida, be, and the same is hereby amended to read as follows: Section 93.36 MAPS, PLATS AND REPORTS. 17 Ord. No. 50-01 (A) Upon request, the grantee shall file with the City Engineer accurate maps of its system,' showing construction and distribution networks, and the grantee shall maintain these maps in a current condition. Section 7. That Chapter 93, "Cable Television", Section 93.37, "Payments to City", of the Code of Ordinances of the City of Delray Beach, Florida, be, and the same is hereby deleted in its entirety. Section 8. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 9. That this Ordinance shall become effective on October 1,2001. PASSED AND ADOPTED in regular' session on second and final reading on this the ~ ,2001. day or'--' ATTEST MAYOR City Clerk First Reading. Second Reading 18 Ord. No. 50-01 PAUl:. DORLING, PLA G AND ZONING DIRECTOR FROM: MICHELLE E. H SENIOR PLANNER SUBJECT: MEETING OF SEPTEMBER 19, 200t ANNEXATION AND INITIAL ZONING OF GC (GENERAL COMMERCIAL) FOR A PARCEL OF LAND LOCATED ON THE EAST SIDE OF MILITARY TRAIL APPROXIMATELY 27300 FEET NORTH OF ATLANTIC AVENUE~ BEHIND THE EXISTING BOYS FARMERS MARKET. The subject property is currently located in unincorporated Palm Beach County within the City's Planning Area (Future Annexation Area). The property consists of four parcels under common ownership including an access tract connecting it to Military Trail. The owner is seeking voluntary annexation at this time. Two single family residences exist on two of the parcels. In February 2001, the Palm Beach County Building Department issued a permit to construct a 10,000 sq.ft. cold storage building located on the southern parcel. The proposal is to annex the property into the City with an initial zoning designation of GC (General Commercial). A Future Land Use Map amendment is being processed separately with Comprehensive Plan Amendment 2001-01 to change the FLUM designation from County HR-8 (High Density Residential - 8 units per acre) to City GC (General Commercial). The proposed use of the property is for a new 10,000 sq. ft. cooler and additional parking for The Boys Farmer's Market. Additional background and an analysis of the request are found in the attached Planning and Zoning Board Staff Report. At its meeting of April 16, 2001, the Planning and Zoning Board held a public hearing in conjunction with review of the requests. Five members of the public expressed concerns about access, buffering, noise and property values. After reviewing the staff report and discussing the proposal, the Board voted unanimously to recommend that the requests be approved, based upon positive findings with respect to Chapter 3 (Performance Standards) and Section 2.4.5(D)(5) of the Land Development Regulations, policies of the Comprehensive Plan and the following: 1. That the property is contiguous, reasonably compact and does not create an enclave; and, 2. That services will be provided to the property in a manner similar to other similar properties with the City. By motion, approve on first reading the ordinance for Annexation and the application of an initial zoning designation of GC (General Commercial), based upon the findings and recommendation by the Planning and Zoning Board, and set a public hearing date of October 2, 2001. Attachments: P & Z Staff Report of April 16, 2001 Ordinance 51-01 ORDINANCE NO. 51-01 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH, A PARCEL OF LAND LOCATED ON THE EAST SIDE OF MILITARY TRAIL, NORTH OF WEST ATLANTIC AVENUE (IMMEDIATELY EAST OF THE BOYS FARMERS MARKET), AS THE SAME IS MORE PARTICULARLY DESCRIBED HEREIN, WHICH LAND IS CONTIGUOUS TO EXISTING MUNICIPAL LIMITS; REDEFINING THE BOUNDARIES OF THE CITY TO INCLUDE SAID LAND; PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID LAND; PROVIDING FOR THE ZONING THEREOF TO GC (GENERAL COMMERCIAL) PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, Anthony Fanelli is the fee simple owner of a 2.65 acre parcel of land located on the east side of Military Trail, north of West Atlantic Avenue (immediately east of the Boy.* Farmers Market); and WHEREAS, the subject property hereinafter described is contiguous to the corporate limits of the Cite of Delray Beach, Florida; and WHEREAS, the City of Defray Beach has heretofore been authorized to annex lands in accordance with Section 171.044 of the Florida Statutes; and WHEREAS, the designation of a zoning classification is part of this proceeding, and the provisions of Land Development Regulations Chapter Two have been followed in establishing the proposed zoning designation; and WHEREAS, pursuant to LDR Section 2.2.2(6), the Planning and Zoning Board held a public hearing and considered the subject matter at its meeting of April 16, 2001, and voted 7 to 0 to recommend that the annexation be approved with an initial zoning of GC (General Commercial), based upon positive findings. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the City Commission of the City of Delray Beach, Palm Beach County, Florida, hereby annexes to said City the following described land located in Palm Beach County, ' Florida, which lies contiguous to said City to-wit: The East 300 feet of the South half of the NW ¼ of the SW ¼ of the NW ¼; together with and subject to a non exclusive easement for ingress egress over the North 30 feet of the South half of the NW ¼ of the SW ¼ of the NW ¼, less the right-of-way of Military Trail, all of the above lying in Section 13, Township 46 South, Range 42 East, Palm Beach County, Florida. Section 2. That the boundaries of the City of Delray Beach, Florida, are hereby redefined to include therein the above-described tract of land and said land is hereby declared to be within the corporate limits of the City of Delray Beach, Florida. Section 3. That the land hereinabove described shall immediately become subject to all of the franchises, privileges, immunities, debts, obligations, liabilities, ordinances and laws to which lands in the City of Delray Beach are now or may be subjected, including the Stormwater Management assessment levied by the City"pursuant to its ordinances and as required by Florida Statutes Chapter 197, and persons residing thereon shall be deemed citizens of the City of Delray Beach, Florida. Section 4. That this annexation of the subject property, including adjacent roads, alleys, or the like, if any, shall not be deemed acceptance by the City of any maintenance responsibility for such roads, alleys, or the like, unless otherwise specifically initiated by the City pursuant to cbrrent requirements and conditions. Section 5. That Chapter Two of the Land Development Regulations has been followed in the establishment of a zoning classification in this ordinance and the tract of land hereinabove described is hereby declared to be in Zoning District GC (General Commercial) as defined be existing ordinances of the City of Delray Beach. Section 6 That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 7. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. 2 ORD. NO. 51-01 Section 8. That this ordinance shall become effective immediately upon Passage on second and final reading. the PASSED AND ADOPTED in regular session on second and final reading on this day of ,20 ATTEST MAYOR City Clerk First Reading. Second Reading 3 ORD. NO. 51-01 MEETING DATE: April 16, 2001 AGENDA ITEM: ~v.c. ITEM: Annexation with Initial Zoning of GC (General Commercial) and Associated Future Land Use Map Amendment from County HR-8 (High Density Residential 8 units/acm) to City GC (General Commercial) for the Fanelli Property, Located on the East Side of Military Trail, North of West Atlantic Avenue (Immediately East of II the Boys Farmers Market). GENERAL DATA: ~K4 TKINS MOTOR LINES TEXACO Owner/Applicant ........................ Anthony Fanelli Agent ........................................ Weiner & Aronson, P.A. Locabon ............................... East side of Military Trail, north of West Atlantic' Avenue ~roperty S~ze .......................... 2.65 (including easem~'nt) Existing F.L U.M Designabon ...... County HR-8 (H~gh Density Residential 8 units/acre) Proposed F L.U.M Designation .... City GC (General Commercial) Ex~sting Zoning .......................... County AR (Agricultural Residential) Proposed Zoning ........................ City GC (General Commercial) Adjacen,t Zoning ................ North' City CF (Community Facilities) East. City R-I-A (Single Family Residential) South. City A (Agricultural) West City GC & County RS (S~ngie Family Residential) Exfsting Land Use ........................ Two single family homes Proposed Land Use ....................... Proposed construction of a 10,000 sq. ft. refrigeration cooler and parking to serve the adjacent Boys Farmers Market Water Service ............................ N/A. Sewer Serwce ............................... N/A. L EXTRA CLOSET STORAGE POST ROSEAIRE O¢'F'ICE RETREAT OFFICE DEPOT ~ST , , ~ A~ANTIC A~NU[ I ~ .... i N I II IV.C. The item before the Board is that of making a recommendation on a Voluntary Annexation (pursuant to Florida Statute 171.044), and a Future Land Use Map amendment from County HR-8 (High Density Residential- 8 units per acre) to City GC (General Commercial) with initial zoning of GC (General Commercial) for the Fanelli Property. LDR Sections 2.4.5 (A), (C) and (D) provide rules and procedures for the processing of this petition. The subject property is located on the east side of Military Trail approximately 2,300 feet north of Atlantic Avenue, behind the existing Boys Farmers Market. The subject property is currently located in anincorporated Palm Beach County within the City's Planning Area (Future Annexation Area). The property consists of four parcels under common ownership including an access tract connecting it to Military Trail. The owner is seeking voluntary annexation at this time. Two single family residences exist on two of the existing parcels. In February 2001, the Palm Beach County Building Department issued a permit to construct a 10,000 sq.ff, cold storage building located on the southern parcel. '- Requests for Annexation, Future Land Use 'Map amendment and Initial Zoning have been submitted and are now before the Board for action. .The 2.65 acre property has a County Future Land Use Map designation of HR-8 (High Density Residential - 8 units per acre) and County zoning of AR (Agricultural Residential). The proposal is to annex the ,property into the City, change the Future Land Use Map designation to City GC (General Commercial), and apply an initial zoning designation of GC (General Commercial). The proposed use of the property is for the 10,000 sq. ft. cooler and additional parking to serve the existing Boys Farmers Market. Current Land Use Designations: The current County land use map designation for the property is County HR-8 (High Density R~sidential- 8 du/ac). The current City "advisory" designation for this property is TRN (Transitional). It is noted that the City's FLUM designation as initially contained on the City's Future Land Use Map adopted in November 1989, (and as subsequently formally amended) is deemed to be advisory until an Official Future Land Use Map Amendment is processed. Planning and Zoning Board Staff Report Fanelli Property - Annexation with Initial Zoning of GC and Future Land Use Map Amendment Page 2 Requested Land Use Designation: The requested Future Land Use Map change is to City GC (General Commercial). Land Use Analysis: Pursuant to Land Development Regulations Section 3.1.1(A) (Future Land Use Map), all land uses and resulting structures must be allowed in the zoning district within which the land is situated and, said zoning must be consistent with the land use designation as shown on the Future Land Use Map. The accompanying annexation and initial zoning application is seeking a GC (General Commercial) zoning designation. The proposed use of a cooler and parking expansion of the Boys Farmers Market is allowed as a permitted use within the GC zoning district. The GC land use designation is consistent with the proposed GC zoning designation. Consistency between the City and County Land Use Designations: The existing County Future Land Use Map designation for the property is HR-8 (High Density Residential - 8 units per acre). The City "advisory" TRN (Transitional) Land Use designation is consistent with the County designation in that Multiple Family Residential zoning districts are permitted within the designation. However, the TRN designation also allows limited commercial development at an intensity equivalent to that of medium density residential land uses. The applicant's request for a GC (General Commercial) Future Land Use Map designation allows multi-family development as well as a variety of commercial and office uses. Since the commercial development allowed within the City's advisory TRN and the proposed GC Land Use designations, is not permitted within the existing County HR-8 designation, neither designation is wholly consistent with the County Designation. However, the.property is located immediately behind a commercial use with access through the commercial development. Under these circumstances, commercial development is also appropriate for the subject property. ,REQUIRED FINDINGS: Future Land Use Element Policy A-1.7: Amendments to the Future Land Use Map must be based upon the following findings: Demonstrated Need - That there is a need for the requested land use. The need must be based upon circumstances such as shifts in demographic trends, changes in the availability of land, changes in the existing character and FLUM designations of the surrounding area, fulfillment of a comprehensive plan objective or policy, or similar circumstances. The need must be supported by data and analysis. This policy shall not apply to requests for the FLUM designations of Conservation or Recreation and Open Space. The proposal involves annexation of property, which requires changing the FLUM designation from County to City. As stated earlier, the proposed GC (General Commercial) FLUM designation allows a variety of commercial, office, and multi- Planning and Zoning Board Staff Report Fanelli Property - Annexation with Initial Zoning of GC ;~nd Future Land Use Map Amendment Page 3 family residential uses. The subject property is located immediately behind the existing Boys Farmers Market--an intense retail commercial operation with a large customer base. A US Post Office is located immediately north of the Boys Farmers Market and is also very intense in its operation. The subject property must take access from Military Trail, between these two properties. Military Trail is an arterial roadway, which intensely developed with commercial development expanding northward from the Atlantic Avenue intersection. While the means of access and the intensity of the surrounding area makes the two existing single family homes on the property inappropriate, this same intensity has helped the Boys Farmers Market enjoy great success in this location. The proposed land use change will accommodate the 10,000 sq. ft. cooler and additional parking which The Boys now needs to meet customer demand. The predominant FLUM designation for properties fronting on Military Trail in the area is General Commercial. Given the existing character and FLUM designations of the surrounding area, the proposed GC designation is the most appropriate for the subject property and is consistent with this Policy of the Comprehensive Plan. [3 Consistency - The requested designation is consistent with the goals, objectives, and policies of the most recently adopted Comprehensive Plan. As stated above, the proposal is consistent with FLUE Policy A-1.7. The following are the other applicable goals, objectives and policies. Future Land Use Element Objective A-f: Property shall be developed or redeveloped in a manner so that the future use and intensity is appropriate in terms of soil, topographic, and other applicable physical considerations, is complementary to adjacent uses, and fulfills remaining land use needs. The subject property does not have any unique environmental characteristics that would prohibit development of the site or require rflitigation measures. The property can be developed in a manner that will be complementary to the adjacent residential area to the east. Under the GC FLUM designation, development of this property can provide for expansion of an existing business, which is complementary to the surrounding area. With review of a specific development proposal this policy will be revisited. [3 Concurrency - Development at the highest intensity possible under the requested designation can meet the adopt.ed concurrency standards. As discussed later in this report, the property can be developed at the highest intensity allowed under the GC land use designation and meet adopted concurrency standards. The proposal is to annex the property with an initial zoning designation of GC, to accommodate a proposed 10,00 sq. ft. cooler and parking associated with the expansion of the Boys Farmers Market, as a permitted use. [3 Compatibility - The requested designa.tion will be compatible with the existing and future land uses of the surrounding area. Planning and Zoning Board Staff Report Fanelli Property - Annexation with Initial Zoning of GC and Future Land Use Map Amendment Page 4 The property is surrounded by the following Future Land Use Map Designations, Zoning Designations and Land Uses: North: The subject property is bordered on the north by a United States Post Office, which is located in the City of Delray Beach with a Future Land Use Map designation of CF (Community Facilities) and a CF (Community Facilities) zoning designation. East'. The subject property is bordered on the east by an existing single family development (Lee's Crossing), with a Future Land Use Map designation of LD (Low Density Residential) and an R-1-A (Single Family Residential) zoning designation. South: The subject property is bordered on the south by a vacant parcel of land, which is located in the City of Delray Beach with a Future Land Use Map designation of TRN (Transitional) and an AR (Agricultural) zoning designation. Wesh The subject property is bordered on the west by the Boys Farmers Market, which is located in the City of Delray Beach with a Future Land Use Map designation of GC (General Commercial) and a GC (General Commercial) zoning designation. As described in the Future Land Use Element of the Comprehensive Plan, the advisory Transitional land use designation is applied to land which is usually developed, or to be developed, for either residential or nonresidential uses. The proposed FLUM designation of GC, however will allow for the expansion of the Boys Farmers Market, which has co-existed with the residential development to the east for many years. It is anticipated that the cooler and parking expansion will not increase the intensity of the existing Market. Compatibility with the abutting residential properties is not a major concern, however, there are sufficient regulations in place which will mitigate any potential adverse impacts. With the proposed improvements, trees must be installed every 25' along the east property line abutting Lee's Crossing (a single family development) and every 30' along the north and south property lines. Additionally, a perimeter wall surrounding the property on the north, east and south sides should be considered to further mitigate adverse impacts. The proposed GC FLUM designation is compatible with existing and future land uses of the surrounding area. Compliance - Development under the requested designation will comply with the provisions and requirement of the Land Development Regulations. Compliance with the Land Development Regulations will be further addressed with review of a site plan approval request. It is anticipated that there should be no problems complying with the Land Development Regulations. Florida Statutes Governing Voluntary Annexations: Pursuant to Florida Statute 171.044 '~the owner or owners of real properties in an unincorporated area of the County, which is c.ontiguous to a municipality and reasonably Planning and Zoning Board Staff Report Fanelli Property - Annexation with Initial Zoning of GC and Future Land Use Map Amendment Page 5 compact may petition the governing body of said municipality that said property be annexed to the municipality". Pursuant to F.S. 171.044 (5) "land shall not be annexed through voluntary annexation when such annexation results in the creation of enclaves". Pursuant to F.S. 171.031(13), an 'enclave" is (1) any unincorporated improved or developed area that is enclosed within and bounded on all sides by a single municipality; or, (2) any unincorporated improved or developed area that is enclosed within and bounded by a single municipality and a natural or manmade obstacle that allows the passage of vehicular traffic to that unincorporated area only through the municipality. I;3 The property is contiguous with the City, is reasonably compact and is currently an enclave, as it is bounded on all sides by the City. Annexation of the property will eliminate an enclave. Land Development Regulations Governing Annexations: Pursuant to the Land Development Regulations Section 2.4.5 (C)(1) '~he owner of land may seek the annexation of contiguous property, under his/her ownership" pursuant to Florida Statutes. The property owner has voluntarily petitioned for this annexation. CONSISTENCY WITH THE crrY's COMPREHENSIVE PLAN: Designated Annexation Area: The territory, to be annexed is located within designated annexation area "C" on the east side of Military Trail behind the Boys Farmers Market approximately 2,300 feet north of Atlantic Avenue. Annexation of the territory is consistent with Future Land Use Element Policy B-3.5, which calls for annexation of eligible properties through voluntary annexations as the opportunities arise. CONCURRENCY: 'Provision of Services: When annexation of property occurs, services are to be provided in a manner which is consistent, with services provided to other similar properties already in the City (Future Land Use Element Policy B-3.1). The following is a discussion of required services and the manner in which they will be provided. Police: This property is currently serviced by the Palm Beach County Sheriff's Office, located at 345 South Congress, which serves the South County area. The property lies within Sheriff patrol zone 4. Zone 4 is bordered by El Clair Ranch Road on the west, the Atlantic Ocean on the east, Boynton Beach on the north, and Atlantic Avenue to the south. One officer is assigned to a particular zone during a shift (three shifts per day). Additional response can be mustered from "Cover Cars" which roam throughout zones randomly, depending on their availability in South County during that time. The City of Delray Beach's Police Department has 14 cars per shift patrolling a 15 square mile area; and, as a consequence, significantly improved response time should be realized. Annexation will not require additional manpower, as the police currently Planning and Zoning Board Staff Report Fanelli Property - Annexation with Initial Zoning of GC and Future Land Use Map Amendment Page 6 pass the property while patrolling areas of the City to the north and south of the property. Fire and Emergency additional manpower. Lake Ida Roads). Services: The annexation of this property will not require The municipal area is served by Fire Station No. 4 (Barwick & With annexation, the property will receive an improvement in response time from the current 5.5 minutes of the County Fire Department (Indian Springs/Military Trail and Woolbright Road) to approximately 3 minutes for the City's Fire Department (Fire Station No. 4 at Barwick and Lakc Ida Roads). Water: Water service is currently provided to the existing residences via a well system. Water service available via installation of an 8" water main along the north side of the property which would connect to the existing main along the east side of Military Trail and the stub-out at the adjacent Lee's Crossing subdivision. Connection to the City system is not anticipated at this time, however it may be in the future with redevelopment of the property. Pursuant to the Comprehensive Plan, treatment capacity is available at the City's Water Treatment Plant for the City at build-out. Sewer: Sewage is currently accommodated on-site via a septic system. An 8" main is located along the east side of Military Trail as well as within the Lee's Crossing subdivision to the east. Connection to the City system is not anticipated at this time however may be in the future with redevelopment of the property. Pursuant to the Comprehensive Plan, treatment capacity is a~,ailable at the South Central County Waste Water Treatment Plant for the City at build-out. Streets: This property has direct access to Military Trail via a 30' access easement. Military Trail is under the jurisdiction of Palm Beach County. The jurisdictional responsibility and the associated maintenance responsibility will not change upon annexation. Development of the property under the current County HR-8 designation 'would generate 210 trips based upon 21 units. An increase in vehicular trips would be realized under either the TRN (Transitional) or GC (General Commercial) land use designations. Utilizing a floor area ratio of 25% it is calculated that an additional 18,888 sq. ft. of retail could be accommodated. This would generate approximately 1,740 additional average daily trips. This development would require site plan approval and would involve a full analysis of the traffic impact. However, there is adequate capacity on Military Trail to accommodate additional trips under either scenario. Parks and Open Space: The annexation of the property to accommodate the 10,000 sq. ft. cooler and parking expansion of the Boys Farmers Market will not create an additional impact on park and recreational facilities. Solid Waste: The existing single family homes generate 3.98 tons of solid waste per year (1.99 x 2). The warehouse will generate 26 tons per year (5.2 lbs. per sq. ft.). There is adequate capacity to accommodate the trash generated by this property. The service provider will not change, as described later in this report. Planning and Zoning Board Staff Report Faneiii Property - Annexation with Initial Zoning of GC and Future Land Use Map Amendment Page 7 Financial Impacts: Effect Upon Annexed Property: For the 2000 tax year the subject property had an assessed value of $281,245. With the change from County to City jurisdiction, the following taxes and rates will be affected: Ad Valorem Taxes Millage With Annexation Fire/Rescue MSTU Library City of Delray Beach City of Delray Beach Debt 2.9129 Deleted (County) .5246 Deleted (County) 7.2600 Added (City) .6900 Added (City) 4.5125 Difference* * Total tax millage in the County is 19.6117 mills while in the City the total millage rate is 24.1242 mills. The current yeady ad valorem taxes are $ 5,527.04. With annexation the yearly ad valorem taxes will be $ 6,784.81; a tax difference of $1,257.77. In addition to property taxes, the following Non Ad Valorem fiscal impositions apply: Delray Beach Storm Water Utility - This assessment is based upon the percentage of impervious area of the buildings, parking areas, etc. For non-residential units the assessment fee is calculated using the following formula (# sq.ft, of impervious area/2,502) X $54. A 25% discount from the assessment is available if drainage is retained on site. Also a 25% discount from the assessment is available because the subject property is located within the Lake Worth Drainage District. As the property contains a non-residential use, this assessment would be imposed in the amount of approximately $215.83. A further increase will be realized with future development of .the site. Solid Waste Authority - This annexation area is serviced by BFI, and the City's contract is currently through BFI (Browning-Ferris Industries) Therefore, the waste service provider will remain with BFI upon annexation. Occupational License Fees - The proposed cooler and parking improvements are an expansion of an existing business, which is located in the City. Therefore, as a new business is not being established occupational license fees will not be imposed. Planning and Zoning Board Staff Report Fanelli Property - Annexation with Initial Zoning of GC and Future Land Use Map Amendment Page 8 Resulting Impacts to Property Owner: FINANCIAL CONSIDERATIONS: AD VALOREM TAXES (Change from 00/01 County of 19.6117 to City 00/01 rate 24.1242 mills.(4.5125) +$1,257.77 NON AD VALOREM Stormwater Assessment $ 215.83 ANNUAL FINANCIAL IMPACT: +$1,473.60 SERVICE CONSIDERATIONS: FIRE RESPONSE + Faste~ response time from (estimated time) 5.5 minutes (County) to 3.0 minutes (City) EMS + Faster response time from (estimated time) 5.5 minutes (County) to 3.0 minutes (City) POLICE + Bette~ response based upon more officers in field. CODE ENFORCEMENT + Pro-active vs. reactive opportunity to work with property owners Fiscal Impacts to the City: At the 2000/2001 City operating millage rate of 7.26 mills and debt rate of 0.69 mills, the property will generate approximately $2,235.90 in new ad valorem taxes per year. With future development, additional revenues will be realized through increased assessment value, building permit fees, the annual collection of the stormwater assessment fee as well as utility taxes (9.5% electric, 7% telephone, 8.7% gas) and franchise fees on electric, telephone, gas, and cable. REQUIRED FINDINGS: Pursuant to LDR Section 2.4.5(C)(4), the City Commission must make findings that the annexation is consistent with Objective B-3 of the Future Land Use Element, and complies with F.S. 171. Planning and Zoning Board Staff Report Fanelli Property - Annexation with Initial Zoning of GC and Future Land Use Map Amendment Page 9 As stated above, the subject property is located within a designated annexation area, Area C. Its annexation is consistent with the Objective B-3 of the Future Land Use Element. Also, the annexation complies with Florida States Statutes Section 171 as it pertains to annexations. The proposed City zoning designation is GC (General Commercial) while the current County zoning designation is AR (Agricultural Residential). The zoning designations of the surrounding properties are identified in the Future Land Use Map Amendment Analysis section of this report. 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, Concurrency and Comprehensive Plan Consistency were previously discussed under the "Future Land Use Map Amendment and Annexation Analysis" sections of this report. Compliance with the Land Development Regulations with respect to Standards..for Rezoning Actions and Rezoning Findings are discussed below: Section 3.2.1 (Basis for Determining Consistency): The performance standards set forth in this Article either reflect a policy from the Comprehensive Plan or a principle of good planning practice. The performance standards set forth in the following sections as well as compliance with items specifically listed as required .findings in appropriate portions of Section 2.4.5 shall be the basis upon which a finding of overall consistency [Section 3.1.1(C)] is to be made. However, exclusion from this Article shall not be a basis for not allowing consideration of other objectives and policies found in the adopted Comprehensive Plan in the making of a finding of overall consistency. Section 3.2.2 (Standards for Rezoning Actions): Standard A, B, C and E are not applicable with respect to this rezoning request. The applicable performance standards of Section 3.2.2 are as follows: 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. Planning and Zoning Board Staff Report Fanelli Property - Annexation with Initial Zoning of GC and Future Land Use Map Amendment Page 10 The initial GC zoning designation will accommodate a 10,000 sq. ft. cooler and parking expansion to the Boys Farmers Market as permitted uses. Compatibility with the adjacent residential develop .ment is a concern, however any potential adverse impacts can be properly mitigated through the applicable requirements of the Land Development Regulations. The GC zoning district requires a minimum 10' front, side and rear building setback. Additionally, there is a 25% minimum open space requirement. Further, trees must be planted every 25' within the landscape strips abutting residential uses. Finally, installation of a wall on the east side of the property should be considered. In order to utilize the subject property for the intended purpose, site plan approval must be obtained. Upon anr~exation a site plan will soon follow. Compatibility of a specific development proposal with the adjacent developments will relate to the ultimate intensity of the development and will be appropriately addressed with the review of a site and development plan request. Section 2.4.$(D)(5) (Rezoning Findings): Pursuant to Section 2.4.5(D)($), in addition to the 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; That there has been a change in circumstances which make the current zoning inappropriate; That the requested zoning is of similar intensity as allowed under the Future Land Use Map and that it is more appropriate for the property based upon circumstances particular to the site and/or neighborhood. Items "b" and "c" are the basis for which the rezoning should be granted. The property is in the unincorporated area of Palm Beach County, however, it is within the City of Delray Beach reserve annexation area. The 'applicant is applying for annexation of this property into the City and the annexation requires that an appropriate City zoning designation be applied. The requested GC (General Commercial) zoning is of similar intensity as that allowed under the proposed City GC Future Land Use Map designation. As stated previously, the GC FLUM designation is appropriate given the property's location on Military Trail and access is provided through a commercial site. COMPLIANCE WITH LAND DEVELOPMENT REGULATIONS: There are currently two single family residences which exist on the property, which will become nonconforming upon annexations. However these structures will be demolished to accommodate additional parking. Any future development will be required to comply with all Land Development Regulations. Planning and Zoning Board Staff Report Fanelli Property - Annexation with Initial Zoning of GC and Future Land Use Map Amendment Page 11 The subject property is not in a geographical area requiring review by the CRA (Community Redevelopment Agency), DDA (Downtown Development Authority) or the HPB (Historic Preservation Board). ' Palm Beach County Notice: On March 28, 2001 the Palm Beach County Planning Division was notified of the City's intent to annex this property. To date, a response has not been received. IPARC Notice: Notice of the Future Land Use Map Amendment was also provided to the Interlocal Plan Amendment Review Committee (IPARC) which distributes the information to adjacent municipalities. To date, a response has not been received. Courtesy Notice: Courtesy notices were sent to the following homeowner's and civic associations: [3 Progressive Residents of Delray [3 High Point Section 6 & 7 [3 President's Council [3 Highland Trailer Park [3 Hamlet [3 Pine Trail [3 Chatelaine [3 Sunset Pines El Sherwood Forest E! RainberryWoods r3 Country Manor Public Notice: Formal public notice has been provided to all property owners within a 500 foot radius of the subject property. Letters of objection, if any, will be presented at the Planning and Zoning Board meeting. Accommodating the annexation of this property is consistent with the City's program for annexation of territory within its Planning and Service Area. The requested GC (General Commercial) Future Land Use Map designation is appropriate considering that proposed expansion of the existing Boys Farmers Market and that the property is located behind commercial development w~th access provided through commercial property. The application of an initial zoning designation of GC is consistent with the proposed FLUM designation. The annexation will provide the property with better Police, Fire, EMS and Code Enforcement services. The property will experience an increase in ad valorem taxes. Upon development of the property for residential purposes, stormwater assessment fees will be imposed. Planning and Zoning Board Staff Report Fanelli Property - Annexation with Initial Zoning of GC and Future Land Use Map Amendment Page 12 The City will receive additional revenue from property taxes, in addition to stormwater assessment fees, utility taxes, franchise fees, and licensing fees upon development. The total immediate revenue increase is approximately $2,235.90 a year. If the annexation is approved, it is anticipated that a site and development plan submittal will follow. Compatibility of a specific development proposal with the adjacent developments will be addressed with the review of a site and development plan request. Concurrency concerns with respect to traffic will dictate the development time frame. A. Continue with direction. Recommend approval of the Annexation, Future Land Use Map amendment from County HR-8 to City GC (General Commercial) and initial zoning designation of GC (General Commercial) based upon positive findings with respect to Future Land Use Element Policy A-1.7 of the Comprehensive Plan (FLUM Amendment Findings), LDR Sections 3.1.1, 3.2.2, and 2.4.5(D)(5), and the following: 1. That the property is contiguous, reasonably compact and does not create an enclave; and, 2. That services will be provided to the property in a manner similar to other similar properties within the City. Recommend denial of the Annexation, Future Land Use Map amendment from County HR-8 to City GC (General Commercial) and initial zoning designation of GC (General Commercial), with the basis stated. .Recommend approval of this Annexation, Future Land Use Map amendment from County HR-8 to City GC (General Commercial) and initial zoning designation of GC (General Commercial) based upon positive findings with respect to Future Land Use Element Policy A-1.7 of the Comprehensive Plan (FLUM Amendment Findings), LDR Sections 3.1.1, 3.2.2, and 2.4.5(D)(5), and the following: That the property is contiguous, reasonably compact and does not create an enclave; and, That services will be provided to the property in a manner similar to other similar properties within the City. Attachments: I"1 Location/Existing Zoning Map I"1 Existing Future Land Use Map I~ Survey This Report prepared by: Michelle E. Hoyland, Senior Planner N. W 3RD ST. z _ · Nf~H IH LA iL.)UNA CI~L,L L ~_~ ~.. N W 5RD ST ~, I H ~ ~1~ ~1111111[~ = ~x~c~o~ . NC; DELRA~, m N ~ FANELLI ANNE~TION a~ ~- D~.,~ .~,c,. r~ - ~ISTING ZONING DESIGNATIONS - PLANNING ~ Z~ING TEXACO J DR~V~ MD OFFICE DEPOT MARKETPLACE Ge °~ DELRA Y WEST tit 1 ~ MD ~ ~ ~°~ TRN ~" S TORA GE ROSEAIRE CF RETREAT BOYS FARMERS MARKET TRAILS END PLAZA K.F. Cf' DELRA Y SOUARE GC PLAZA PUBLIX OUllWASHINGTON FIRST I1 MUTUAL UNION ATLANTIC AVENUE [ N CITY, 0~' DELRAY BEACH, FL PLANNING ~u ZONING DEPARTMENT --- D~'/TA~ B45£ ~44P 5~'TEM -- FANELLI ANNEXATION - EXISTING FUTURE LAND USE DESIGNATION - UAP REF. LM511 N '1 , SKETCH OF SURVEY (BOUNDARY)