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Agenda Reg 08-21-01
City of Delray Beach Tuesday. Au_m~st 21, 2001 Regular Meeting 6:00 p.m. Public Hearings 7:00 p.m. Commission Chambers Delray Beach City Hall 100 N~ 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. Sw 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. Ce 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. SION 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 furmsh auxiliary aids and services to afford an mdkudual with a disability an opportumty to paruclpate 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 avarlable for meetings in the Cormmssion Chambers. 2. 3. 4. 5. o ROLL CALL. INVOCATION. PLEDGE OF ALLEGIANCE TO THE FLAG. AGENDA APPROVAL. APPROVAL OF MINUTES: · August 7, 2001 - Regular Meeting · August 14, 2001 - Special Meeting PROCLAMATIONS: OF NOTE A. Prostate Cancer Awareness Month - September 2001 PRESENTATIONS: A. Kathleen Daley, Lobbyist - 2002 Legislative Agenda CONSENT AGENDA: City Manager Recommends Approval. A. INITIATION OF COMPREHENSIVE PLAN TEXT AMENDMENT RELATING TO SCHOOL CONCURRENCY: Approve the initiation of Comprehensxve Plan text amendment relating to school concurrency. Pursuant to LDR Section 9.2.1, the C~ty Commission must formally ininate amendments to the Plan. HOLD HARMLESS AGREEMENT/BOSTON'S ON THE BEACH: Approve a Hold Harmless Agreement associated with the installation of an awning at Boston's on the Beach. The property is located at 40 South Ocean Boulevard, on the west side of Ocean Boulevard just south of East Atlantic Avenue. HOLD HARMLESS AGREEMENT/SOPRA RESTAURANT: Approve a Hold Harmless Agreement associated with the installation of awnings at SOPRA Restaurant. The property is located at 110 East Atlantic Avenue, on the south side of Atlantic Avenue between SE 1st Avenue and SE 2nd Avenue. SERVICE AUTHORIZATION#24/DAVID MIIJJER {YOUTH TEEN CENTER): Approve Service Authorization #24 with David Miller in the amount of $22,000.00 for consulting services renovations to the Youth Teen Center. Funding is avadable from 334-611-572-62.09 (General Construction/Youth Teen Council). SPECIAL EVENT REQUEST/ 7TM /~d~I~]IJAL DELRAY BEACH STREET CRAFT FESTIVAL: Approve a request for special event to hold the 7~' Annual Delray Beach Street Craft Festival on September 22' and September 23, 2001, including -2- 08-21-01 Go Ho a temporary use permit, and approval of police security with the sponsor paying all police overtime costs, contingent on the sponsor promdmg hability insurance and a hold harmless agreement. SPECIAL EVENT REQUEST/SKATE THE SUNSHINE STATE: Approve a request to endorse an event called the Skate the Sunshine State which will pass through Delray Beach on Saturday, November 17, 2001, including a temporary use permit per LDR Section 2.4.6(H) for the use of Anchor Park as a pit stop are, and approval of staff assistance for escorting the skaters through town and trash pick up. Approval xs contingent upon receipt of a hold harmless agreement and certificate of insurance. SPECIAL EVENT REQUEST/COLUMBUS DAY: Approve a request to endorse the 2"a Annual Columbus Day Italian Fiesta sponsored by the Order Sons of Italy in America Lodge #2719, to be held on October 13, 2001, including staff assistance for traffic control and security, and trash removal and clean up. Approval is contingent upon recexpt of hold harmless agreement and certificate of insurance. Event sponsor paying 50% of ovemme. REVIEW OF APPE^I.ABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Land Development Boards for the period August 6, 2001 through August 17, 2001. I. AWARD OF BIDS AND CONTRACTS: ° Contract renewal for one year to Commercial Chemical for the purchase of Sodium Hypochlorite at an esttmated annual cost of $20,240.00 for the Water Treatment Plant. Funding is available from 441-5122-536-52.21 OW&S/Chemicals). Housing Rehabilitation grant awards through Community Development Division Housing Rehabilitation Grant in the amount of $19,026.00 to South Flortda Construcuon for 1412 SW 4th Street, $21,078.75 to Hatcher Construction for 44 NW 8~h Avenue, and $20,265.00 to South Florida Construction for 133 SW 8~ Avenue. Funding m the totalamount of $60,369.75 is available from 118-1924-554-49.19 (SHIP Rehab Program). REGULAR AGENDA: AGREEMENT FOR LOBBYING SERVICES/KATHLEEN E. DALEY: Approve an agreement for consultant/lobbying services between the City and Kathleen E. Daley for the period October 1, 2001 through September 30, 2002, in the amount of $48,000.00 with funding from 001-1111-511-34.90 (City Commissxon - Other Contractual Services). LICENSE AGREEMENT/FLORIDA TELEPORT INC.: Consider approval of a Lmense Agreement with Florida Teleport Inc. (FT1) in order to accommodate the landing of undersea cable and use of City infrastructure for placement of cable. The term of the agreement is for fifty (50) years. 08-21-01 CONTRACT AWARD TO LUXURY LIMOUSINE SERVICE, INC.: Consider approval of a contract award to second low bidder, Luxury Limousine Sermce, Inc. for an annual contract for bus rental and driver sermce for the Parks Department at an estimated annual cost of $128,547.00. Funding is available in FY 2002 Budget from 001-4106-572-44.90 (Summer Camp), 001-4121-572-44.90 (Specml Events), 001-4105- 572-44.90 (After School) and 115-4912-572-55.30 (Rocks Football). LEASE AGREEMENT/WEED AND SEED: Consider approval of a lease agreement between the Cxty and Weed and Seed for office space at 200 NW 1st Avenue (City Attorney's Office). The term is for one (1) year, with a one-year renewal. RATIFICATION OF APPOINTMENT TO THE PARKING MANAGEMENT ADVISORY BOARD: Approve and ratify the appointment of Robert Costin as the Commum(y Redevelopment /Igenfy (CRA) representauve on the Parking Management Advisory Board to fill a two (2) year term ending July 1, 2003. RATIFICATION OF APPOINTMENT TO THE PARKING MANAGEMENT 10. ADVISORY BOARD: Approve and raufy the appointment of Elaine Moms as the Planning and Zoning Board representative on the Parking Management Advisory Board to fill a two (2) year term ending August 31, 2003. APPOINTMENTS TO THE BOARD OF ADJUSTMENT: Appoint two (2) regular members and two alternate members to the Board of Adjustment for two-year terms ending August 31, 2003. The appointment of the regular members will be made by Commissioner Archer (Seat #2) and Commissioner Levinson (Seat #3). Commission McCarthy (Seat #4) and Mayor Schmidt (Seat #5) will make the appointment of the alternate members. PUBLIC HEARINGS: ORDINANCE NO. 39-01 (FIRST READING/TRANSMITTAL HEARING FOR COMPREHENSIVE PLAN AMENDMENT 2001-02): Consider on first reading an ordinance adopting Comprehensive Plan Amendment 2001~02 and assocxated Future Land Use Map (FLUM) amendments, and authorize transmittal to the State Department of Community Affairs. Amendment 2001-02 includes: Future Land Use Map amendment from LD (Low Density Residential 0-5 du/ac) to CF (Community Facilities) for a parcel of land located at 36 NW 4~ Avenue to accommodate an off-street parking lot associated with the Atlantic Grove Redevelopment project. Corrective Future Land Use Map amendment for the Rinaldi parcel (approximately 0.03 acres) from MD (Medium Density Residential 5-12 du/ac) to CC (Commercial Core) for a parcel of land located on the east side of Bronson Avenue approximately 100 feet south of East Atlantic Avenue. 08-21-01 11. 12. 13. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS PUBLIC- IMMEDIATELY FOLLOWING PUBLIC HEARINGS. A. City Manager's response to prior public comments and inquiries. B. From the Public. FIRST READINGS: NONE COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS. A. City Manager B. City Attorney C. City Commission FROM THE -5- 08-21-01 AUGUST 7~ 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, August 7, 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 - Robert A. Barcinski, Assistant City Manager City Manager David T. Harden (arrived 7:00 p.m.) City Attorney Susan A. Ruby City Clerk Barbara Garito 2~ Reverend Richard Evans with Abbey Delray South delivered the opening prayer. e The Pledge of Allegiance to the flag of the United States of America was given. 4~ AGENDA APPROVAL. Mr. Levinson requested that Item 8.C., Contract Renewal/Software House International be moved to the Regular Agenda as Item 9.A. Mayor Schmidt noted that the Commission received a letter from the SPRAB Board regarding the Board appointments made at the last meeting and asked if the Commission would like to make a motion for reconsideration of this item. There being none, Mayor Schmidt asked that there be a motion to approve the Agenda as amended. Mrs. Archer moved to approve the Agenda as amended, 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. APPROVAL OF MINUTES: Mrs. Archer moved to approve the Minutes of the Regular Meeting of July 24, 2001, 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 - -1- 08/07/01 Yes. Said motion passed with a 5 to 0 vote. PROCLAMATIONS: OF NOTE: 6,Bo Literacy Awareness Month - September 2001 6.Co Make A Difference Day - October 27~ 2001 PRESENTATIONS: 7.A. Presentation by Perry. DonFrancisco - Delray Citizens for Delray Police 15tb Annual Scholarship Awards presented to - Scan FIynn, Daniel Flynn, Alyson Lunsford~ Charles Jeroloman, Dawn Licata, and Scott Bradley Perry DonFrancisco, President of Delray Citizens for De[raj Police, thanked the' Commission, Mayor Schmidt, and staff for allowing him to present the 15"' Annual Scholarship Award to the children of Delray Beach Police Officers. At this point, Mr. DonFrancisco introduced Dr. Andre Fladell, co-founder of the Delray Citizens for Delray Police. Dr. Fladell stated around 1980-81 a group of people and he started an organization called "Broken Star". This was formed in memory of an officer at the Palm Beach County Sheriff's Office who was shot while on duty. Dr. Fladell stated they raise money for the purpose of supporting the families of Sheriff's Deputies. Approximately three years later, Dr. Fladell and Mr. DonFrancisco met and discussed how they could have a similar program for the municipalities, particular Delray Beach. Mr. DonFrancisco presented six scholarship awards to the following recipients: Scott Bradley · Daniel Fl}mn · Sean Flynn · Charles Jeroloman · Dawn Licata · Alyson Lunsford For the benefit of the public, Mr. DonFrancisco stated the Delray Beach Citizens for Delray Police has given out a total amount of $3,000 in scholarships; $500 per individual. 0 CONSENT AGENDA: City Manager Recommends Approval. 8.Ao AUTHORIZATION TO PROCEED/BEACH RENOURISHMENT PROJECT (COASTAL PLANNING & ENGINEERING~ INC.): Approve the authorization to proceed with the final design and construction phases of the 4th Beach Renourishment Project, at a cost not to exceed $207,240. The entire cost will be reimbursed from Federal, State and County appropriations. -2- 08/07/01 8.B. FINAL PLAT APPROVAL/BERMUDA GARDENS PLAT NO. 1: Approve the subdivision plat for Bermuda Gardens Plat No. 1, a proposed two (2) lot residential subdivision on the south side of Bermuda Gardens Road. 8.C. THIS ITEM HAS BEEN MOVED TO THE REGULAR AGENDA AS ITEM 9.A. 8.D. REJECTION OF BID/POLICE UNIFORMS: Approve the rejection of all bids received for Bid #2001-20 and authorize staff to re-bid this contract for the purchase of uniforms for the Police Department. 8.E. RATIFICATION OF SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD ACTIONS: Ratify the various actions approved by the South Central Regional Wastewater Treatment and Disposal Board at the Quarterly Annual Meeting of July 19, 2001. 8.Fo REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Land Development Boards for the period July 23, 2001 through August 3, 2001. 8.G. AWARD OF BIDS AND CONTRACTS: Purchase award to Don Reid Ford, Inc., in the amount of $246,150.00 for ten (10) 2001 Crown Victoria Police Patrol Vehicles via the Pembroke Pines Contract #PSPW00-05. Funding is available from 501-0000-248- 21.00 (Reserve for Capital Purchases) Mr. Perlman moved to approve the Consent Agenda as amended, 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. REGULAR AGENDA: 9.Ao CONTRACT RENEWAL/SOFYWARE HOUSE INTERNATIONAL: Approve the contract renewal with Software House International for the Microsoft Enterprise Software License in the total amount of $584,200. Funding is available for the first year from 334-6112-519-66.10 (Repair & Replacement Sol. are) for $74,625 and 442-5178-536- 66.10(Water/Sewer Repair & Replacement SoRware) for $74,625. Mr. Levinson asked for clarification whether or not this is based on 500 workstations? In response, Joseph Safford, Finance Director, stated each Police officer has a laptop computer in their vehicle, and in addition to that there are 250-300 units within the City and another 200 units within the Police Department. -3- 08/07/01 Secondly, Mr. Levinson asked if there are alternate ways that the City can obtain the license without paying the current fee? In response, Mr. Safford stated this enterprise plan is designed to be the most cost-effective alternative. Mr. Safford explained that the City has centralized management of our PC's in the City. For example, the City has a centralized management server located in the MIS Department and we deploy the software to those individual PC's from that central point. Therefore, Mr. Safford stated the City uses one standard product, which is Microsoft. In addition, Mr. Safford stated he feels this is a very reasonable cost efficient item. Mr. Levinson asked Mr. Safford if other cities are also using the Microsoft Enterprise Software Agreement? In response, Mr. Safford stated if some of the other cities have the same amount of equipment that the City of Delray Beach is using, then they are using the Enterprise Agreement. Mr. Perlman asked Mr. Safford if Microsoft is the only company in town that can accommodate the City? In response, Mr. Safford stated that because of the integration of all the systems, they are all inter-related and they impact each other. Mr. Safford noted that Microsoft' is the only reliable company in town for people that have emergency services and high-end office services. Mr. Levinson inquired how will this affect Microsoft Office XP? In response, Mr. Safford stated the City has a choice and can either install Microsoft Office 2000 or Microsoft Office XP. Mr. Safford stated by paying for the Enterprise License Agreement, this would include any upgrades the City is eligible for and it would also insure the City against any type of charges of not having proper licenses. Mr. Levinson moved to approve the contract renewal with Sofhvare House International for the Microsoft Enterprise Software License in the total amount of $584,200, seconded by Mrs. Archer. 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 Commission moved to Item 6, Proclamations. 6~ PROCLAMATIONS: 6.A. Reco~nizine and commending Tommie L. Osborn for his exemplary, representation of the City of Delray Beach and it's Fire-Rescue Department in the FireFiehter's Olympics Mayor Schmidt read and presented a proclamation to Tommie L. Osborn. Kerry Koen, Fire Chief, stated that Tommie is not only a leader when it comes to athletic competitions but is also a leader in the Fire Department. Chief Koen stated that most recently in the area of recruitment and selection process, Tommie sat on the interview panel and made sure that the City was looking at the right qualities for people when they were being -4- 08/07/01 considered for employment positions. Chief Koen stated on a day-to-day basis, Tommie sets a tone for the department and its members by his conditioning and commitment to personal health and excellence and is very proud of him. Tommie L. Osborn came forward to accept the proclamation and stated it has been a pleasure to represent Delray Beach and will continue to as long as he can. 9.B. LICENSE AGREEMENT BETWEEN THE CITY OF DELRAY BEACH~ BUCKY DENT BASEBALL SCHOOL AND SUNSHINE CHARTER SCHOOL, INC.: Consider approval of the License Agreement between the City of Delray Beach, Bucky Dent Baseball School, Inc., and the Sunshine Charter School, Inc. for the temporary use of the baseball school's facilities for the Cultural Arts Institute of Boca Raton Charter School from August 13, 2001 through November 1, 2001. Robert A. Barcinsld, Assistant City Manager, stated this request originated with the baseball school. This is an oppommity to allow Sunshine Charter School to utilize the use of the baseball school facilities on a temporary basis. The Bucky Dent Baseball School, Inc. license' with the City requires City Commission approval for any sublease. This request is through November 1st. However, Mr. Barcinski stated the license is written through December 2001. Mrs. Archer moved to approve the License Agreement between the City of Delray Beach, the Bucky Dent Baseball School, Inc. and the Sunshine Charter School, Inc., 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 motion passed with a 5 to 0 vote. 9.C. COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) ANNUAL ACTION PLAN (IVy 2001-2002): Consider approval of the Community Development Block Grant (CDBG) Annual Action Plan required by the Housing & Urban Development (HUD) Department of the United States for utilization of grant funds. Lula Butler, Director of Community Improvement, stated this item is before the Commission to consider the adoption approval of the Community Development Block Grant (CDBG) Annual Action Plan required prior to staff submitting the document to Housing & Urban Development (HUD) which is due by August 15, 2001. Ms. Butler stated staff advertised to hold a public input meeting at Pompey Park during the month of June and the meeting was sparsely attended. Ms. Butler stated that normally the public input meetings generate between 30-50 people. At the meeting held on June 28, 2001, only four people attended the meeting but Ms. Butler stated this could mean that people are satisfied with the direction in which staff is going. Ms. Butler stated last year staff listened to citizen input and they asked that the City get a little more involved in economic development activities. Ms. Butler stated this is represented in the proposed budget this year as it relates to the YATC Program, Facade Programs for West Atlantic Avenue, and the County Resource Center where the City proposed to send businesses to help develop business plans. Ms. Butler stated one customer was sent through the -5- 08/07/01 process this year and staff is pleased with the service. With regard to other parts of the grants, Ms. Butler reported that staff is administering $1.5 million this year from various sources. Ms. Butler explained this requirement for the public meeting is related to the Community Block Grant (CDBG) dollars which is $651,000 for this fiscal year. The City is funding traditional activities of health and rehab along with sub-recipients that the City has had long-term partnerships with and who are still performing well. Discussion by the Commission ensued. Ms. McCarthy commented that in reviewing the introduction in some areas she saw that the City was targeted to subsidize very low, low, and moderate-income families and households. In other areas, Ms. McCarthy stated Iow and moderate were listed but "very Iow" was omitted especially at the end of the line where it reads "provision for subsidized child care services". She suggested that staff make a change to add the additional wording "very low". With regard to the Pall Beach County Resource Center, Mayor Schmidt asked how does this center differ from the TED Center? In response, Ms. Butler stated the TED Center does provide a level of services for developing business plans and the Palm Beach County Resource Center is structured to develop a plan plus take them through to get their business loans. With regard to the public housing element of the plan, Mr. Perlman stated he feels the plan is great and very comprehensive. Mr. Perlman asked what is being done for people who are in subsidized housing to transition themselves out to self-sufficiency and home ownership? In response, Ms. Butler explained their Family Self-Sufficiency Program is designed around this concept. She stated as their income increases those dollars are placed into an escrow account and they accumulated where they go through education courses and their rent is fixed so they do not pay the excess difference. Ms. Butler stated they do an education component as well as training them to become homeowners. The basic tenant who goes through the process takes anywhere between 3-5 years to get them ready for home ownership. Ms. McCarthy moved to approve the Community Development Block Grant (CDBG) Annual Action Plan required by HUD to address the needs identified by the target area residents with the suggested change to add the additional wording "very low", seconded by Mr. Perllan. 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.Do CONTRACT AWARDS/GOLF COURSES SOFTWARE & HARDWARE: Consider approval of computer software and hardware upgrades for both golf courses in the amount of $56,076.00. Award of $22,525 to Computer Golf Software, $30,351 for hardware purchases under State Contract, and $3,200 for independent contract for installation. Funding is available from 445-4761-572-64.11 (Computer Equipment). Robert A. Barcinski, Assistant City Manager, stated staff has been working with the golf course looking to upgrade their software and hardware system to integrate with the -6- 08/07/01 City's system. The package includes point of service software for both courses, hardware for both courses which includes bar coding equipment and Interact conversion equipment, installation and training costs, and annual support costs. The most critical element of the recommendation is the point of sale software and hardware. The current system is ten years old and the company who developed it has gone out of business. It is critical that this system be installed and running by October 1, 2001. Joe Safford, Finance Director, stated the only change he would like to add in tonight's presentation is staff is still investigating direct access of the golf course. Mr. Safford stated a company came in and did a wireless survey to see if we could connect the golf course to City Hall through wireless. In addition, Mr. Safford stated staff looked into Digital Subscriber Lines (DSL) which is basically the Telephone Company. Mr. Safford stated the wireless has to be site to site unless a tower is being built. He further explained that a wireless option is cost prohibited and to connect Lakeview and the Municipal Golf Course would cost between $40,000-$50,000 because each of them would need to have a tower. With regard to the DSL line from Bell South, Mr. Safford stated these lines mn sporadic throughout the City. For example,' Lakeview does not have DSL compatibility yet but the main golf course does. Fire Station #3 & #4 does not have DSL compatibility yet but Fire Station #5 does. Mr. Safford stated staff is recommending connecting the main golf course by DSL line adding approximately $5,000 as is a one-time cost in addition to the $56,076. Therefore, Mr. Safford stated the total cost of the package would be $61,076 including the direct access line. Mr. Barcinski stated this would be the maximum amount because staff is still reviewing the tee time system. Mr. Safford stated staff is asking for pricing of a complete package quoted to the City by the software companies. However, Mr. Safford stated tee time may not be implemented at this time. Mr. Safford stated this may or may not resolve the customer-waiting problem that currently exists when calling in for a tee time, therefore staff needs to further analyze the problem by conducting surveys. Amanda Solomon, Telecommunications Systems Manager, stated with regard to the tee time system, staff would like to make sure that all the customers get the same equal service. Ms. Solomon stated City staff spoke with Okeehelee Golf Course and City of Boca Raton Golf Course who currently use this system. In addition, they also use an Automated Attendant System which gives those customers the option to either go to the voice response system or to a person sitting at a desk that can give them the same opportunity. Ms. Solomon stated staff is looking to add the Automated Attendant System. Mayor Schmidt inquired about the cost for the Automatic Attendant System. Ms. Solomon stated the estimated cost for the automatic attendant system is $12,000 and the money is available from the current fiscal year. Mr. Safford emphasized that this money is coming out of the current fiscal year Project Reserve Account of the Golf Course. Mr. Safford explained it is imperative that the point of sale software be installed and running by October 1, 2001. Secondly, there have been some severe lightning hits at the golf course and the City has had to put in UPS systems to protect the hardware from destruction. Mr. Safford stated this money is available in the current year budget which also includes training for the employees. -7- 08/07/01 Mrs. Archer moved to approve the computer software and hardware upgrades for both golf courses in the amount of $61,076 as amended to include the Digital Subscriber Lines (DSL), seconded by Mr. Perlman. 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. LICENSE AGREEMENT/FLORIDA TELEPORT INC.: Consider approval of a License Agreement with Florida Teleport Inc. (FTI) in order to accommodate the landing of undersea cable and use of City infi'astmcture for placement of cable. The term of the agreement is for fifty (50) years with five renewal periods of twenty (20) years each. It was the consensus of the Commission to postpone this item to the August 14th Workshop Agenda as a special item. 9.F. RESOLUTION NO. 48-01: Consider approval of Resolution No. 48-01 supporting the Elder Ready Community Program in Delray Beach. The City Manager presented Resolution No. 48-01: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, SUPPORTING THE ELDER READY COMMUNITY PROGRAM. (The official copy of Resolution No. 48-01 is on file in the City Clerk's office.) Mr. Perlman moved to approve Resolution No. 48-01 supporting the Elder Ready Community Program in Delray Beach, 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. 9.G. CONTRACT AWARD TO REPUBLIC CONSTRUCTION & DEVELOPMENT CORPORATION/MERRITT PARK RESTROOM FACILITY: Consider approval of a contract award to second lowest bidder, Republic Construction in the amount of $76,977.00 for the Men'itt Park Restroom Facility. Funding is available from 118- 1965-554-63.40 ($29,890.00) Community Improvement/Recreation Improvements, and from 334-611-572-62.10 ($47,110.00), General Construction/Buildings. Joe Weldon, Director of Parks and Recreation, stated this is a request to replace the restrooms at Men-itt Park. The apparent low bidder, Newport Building Inc., did not submit a bid bond. Therefore, staff is recommending the bid to the second low bidder Republic Construction and Development Corporation in the amount of $76,977.00. Dick Hasko, Director of Environmental Services, stated normally this would be a Consent Agenda item but since the low bidder was technically non-responsive, staff is recommending that the bid award go to the second lowest bidder. Mr. Hasko explained that -8- 08/07/01 there was an irregularity in the bid with the absence of the bid bond and the City has done successful projects in the past with the second lowest bidder. Ms. McCarthy inquired about the bid bond process. Mr. Hasko stated the City's standard documentation requires a bid bond to be a part of the submittal package at the submittal deadline when bids are open. Mr. Levinson also commented about the bid bond process and suggested that staff look at changing the specifications for bid bonds. He stated typically you do not provide the bid bond at the time of bid, but provide the bid bond if you are successful within a reasonable time period. Mr. Levinson stated there is no sense for someone submitting a bid to spend the money for a bid bond unless they are the successful bidder. Mr. Hasko stated staff is essentially following the City's standard documentation in purchasing procedures. However, Mr. Hasko stated staff could review those procedures as they relate to that context. Mr. Perlman moved to approve the bid award to Republic Construction & Development Corporation (second lowest bidder) for the Merritt Park Restroom Facility in the amount of $76,977.00, seconded by Mrs. Archer. 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. 9.H. CONTRACT AWARD TO RPM GENERAL CONTRACTORS, INC./ESD & PD INTERIOR MODIFICATIONS: Consider approval of a contract award to second lowest bidder, RPM Contractors, Inc. in thc amount of $54,841.00 for thc ESD and PD Interior Modifications. Funding is available from 441-5123-536-34.90 ($30,015.00), W&S/Other Contractual Services, 0015-2115-521-46.10 ($13,982.00), Police/Building Maintenance, and 115-2111-521-49.90 ($10,844.00) Police Reserves. Dick Hasko, Director of Environmental Services, stated this is a similar situation as the previous contract award. Ms. McCarthy asked why would a company go through the trouble of gathering together a bid and then does not give a bid bond? In response, Mr. Hasko stated it could be an oversight on the contractor's part. Mr. Hasko stated that for the last ten years he has been with the City this has been a requirement in the bidding process for every project. Ms. McCarthy stated there are many people who have not been doing business with the City for many years and feels someone should have asked them why they went through all the trouble of submitting a bid but did not include the bid bond. With regard to the smaller contracts, Mayor Schmidt asked if the City holds a pre- bid conference for the potential bidders? In response, Mr. Hasko stated the City typically does this for the larger contracts for example the bond projects. Mr. Hasko stated he does not know -9- 08/07/01 for certain whether this process was done for this bid award and he would have to review the advertisement. Mr. Levinson stated he feels pre-bid conferences are very valuable. Mr. Perlman commented with this particular bid there were additional problems other than the bid bond. Mr. Perlman stated there were proposal pages that were also not completed and asked Mr. Hasko if the staff has had any experience with New Hope Construction? In response, Mr. Hasko stated to his knowledge the City has no experience with New Hope Construction. Mr. Hasko stated staff has worked with RPM General Contractor, Inc. in the past and has a good relationship with them. Mr. Perlman moved to approve the bid award to RPM General Contractor, Inc. for the Environmental Services and Police Department's interior modifications in the amount of $54,841.00 (second lowest bidder) seconded by Mr. Levinson. 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. 9olo FLORIDA LEAGUE OF CITIES ANNUAL CONFERENCE/PROPOSED AMENDMENTS TO LEAGUE'S BY-LAWS: Designate a voting delegate to cast votes on behalf of Delray Beach at the special business session of the Florida League of Cities Annual Conference to consider proposed By-laws changes. The Florida League of Cities will hold a special business session on Friday, August 24, 2001 at 7:30 a.m. The sole purpose of this meeting is to consider proposed By-laws. Mayor Schmidt stated he received the proposed amendments to the Florida League of Cities By-laws and noted that there are some changes being made with regard to how the Board will be made up and also changes with regard to nominations. Mrs. Archer moved to appoint Mayor Schmidt as a voting delegate to cast votes on behalf of Delray Beach at the special business session of the Florida League of Cities Annual Conference to consider proposed By-laws changes, 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. 9.J. APPOINTMENTS TO PLANNING & ZONING BOARD: Appoint three (3) regular members to the Planning and Zoning Board with two-year terms ending August 31, 2003. Appointments will be made by Commissioner Levinson (Seat #3), Commissioner McCarthy (Seat g4) and Mayor Schmidt (Seat #5). Mr. Levinson moved to appoint Joseph Pike as a regular member to the Planning and Zoning Board for a two-year term ending August 31, 2003, 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. -10- 08/07/01 Ms. McCarthy moved to appoint Thuy Shutt as a regular member to the Planning and Zoning Board for a two-year term ending August 31, 2003, seconded by Mr. Perlman. 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. Mayor Schmidt moved to reappoint Elaine Morris (incumbent) as a regular member to the Planning and Zoning Board for a two-year term ending August 31, 2003, seconded by Mr. Pedman. 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._: FIRST READINGS: NONE. At this point, the time being 7:00 p.m., the Commission moved to the duly advertised Public Hearings portion of the agenda. 10._: PUBLIC HEARINGS: 10.A. ORDINANCE NO. 41-01 (SECOND READING/SECOND PUBLIC HEARING): An ordinance amending Land Development Regulations Appendix "A" and Section 4.3.3 adding a definition and special regulations regarding 24-hour or late night businesses and listing 24-hour or late night businesses as a conditional use in certain non- residential zoning districts. Prior to consideration of passage of this ordinance on Second and FINAL Reading, a second public hearing has been scheduled to be held at this time. The City Manager presented Ordinance No. 41-01: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING APPENDIX "A", "DEFINITIONS", TO PROVIDE FOR A DEFINITION OF 24-HOUR OR LATE NIGHT BUSINESSES; AMENDING SECTION 4.3.3, "SPECIAL REQUIREMENTS FOR SPECIFIC USES" BY ENACTING SUBSECTION 4.3.3(VV), "24-HOUR OR LATE NIGHT BUSINESSES", TO PROVIDE THAT 24-HOUR OR LATE NIGHT BUSINESSES LOCATED WITHIN 300 FEET OF A RESIDENTIALLY ZONED DISTRICT SHALL BE A CONDITIONAL USE AND SHALL COMPLY WITH SPECIFIED CONDITIONS, AND PROVIDING THAT EXISTING 24-HOUR OR LATE NIGHT BUSINESSES SHALL BE EXEMPT FROM COMPLIANCE WITH THE PROVISIONS -11- 08/07/01 REGARDING 24-HOUR OR LATE NIGHT BUSINESSES; BY AMENDING SECTION 4.4.9 "GENERAL COMMERCIAL (GC) DISTRICT" TO PROVIDE THAT 24-HOUR OR LATE NIGHT BUSINESSES ARE A CONDITIONAL USE; BY AMENDING SECTION 4.4.11 "NEIGHBORHOOD COMMERCIAL (NC) DISTRICT" TO PROVIDE THAT 24-HOUR OR LATE NIGHT BUSINESSES ARE A CONDITIONAL USE; BY AMENDING SECTION 4.4.12 "PLANNED COMMERCIAL (PC) DISTRICT" TO PROVIDE THAT 24-HOUR OR LATE NIGHT BUSINESSES ARE A CONDITIONAL USE; BY AMENDING SECTION 4.4.13 "CENTRAL BUSINESS (CBD) DISTRICT" TO PROVIDE THAT 24-HOUR OR LATE NIGHT BUSINESSES ARE A CONDITIONAL USE; BY AMENDING SECTION 4.4.14, "RESORT/TOURISM (RT) DISTRICT" TO PROVIDE THAT 24-HOUR OR LATE NIGHT BUSINESSES ARE A CONDITIONAL USE; BY AMENDING SECTION 4.4.15 "PLANNED OFFICE CENTER (POC) DISTRICT" TO PROVIDE THAT 24-HOUR OR LATE NIGHT BUSINESSES ARE A CONDITIONAL USE; BY AMENDING SECTION 4.4.24 "OLD SCHOOL SQUARE HISTORIC ARTS (OSSHAD) DISTRICT" TO PROVIDE THAT 24-HOUR OR LATE NIGHT BUSINESSES ARE A CONDITIONAL USE; BY AM2ENDING SECTION 4.4.28 "CENTRAL BUSINESS-RAILROAD CORRIDOR (CBD-RC)" TO PROVIDE THAT 24-HOUR OR LATE NIGHT BUSINESSES ARE A CONDITIONAL USE; PROVIDING A SAVINGS CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 41-01 is on file in the City Clerk's office.) The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. Mayor Schmidt declared the public hearing open. Henry. Williams, 310 N.W. 3rd Avenue~ expressed concern regarding the bid bond process and feels the Commission needs to review the process in greater detail. He feels smaller contractors do better work than some of the larger contractors. At this point, Mayor Schmidt informed Mr. Williams that this ordinance does not relate to the issue he is commenting on. Mr. Williams stated he lives approximately 1500 feet from the noise being generated from a particular business. He stated he can hear loud music being played when he is trying to sleep and does not understand how a particular business owner received permission to -12- 08/07/01 have noise reaching over 2,000 feet. He stated if the City is going to allow noise to extend to more than 300 feet going west, then it should be the same going east. Mr. Williams stated that the Commission needs to be careful when reviewing the amount of feet. Diane Dominguez~ CRA Director~ stated this ordinance went through a lot of compromise with various City staff and Board members. There was a sub-committee that was dealing with crime activity and some nuisances. Ms. Dominguez stated the committee tried to do the best they could to make the ordinance workable and address the main problems. Ms. Dominguez pointed out that the City akeady has a noise ordinance, which addresses noise. In some cases where a variance has been granted as with the property Mr. Williams is referring to, there are certain limitations. Ms. Dominguez stated the committee tried to come up with something that addressed the major problems and would allow staffto impose other conditions if need be. She encouraged the Commission to support this ordinance. There being no one else who wished to address the Commission regarding this issue, the public hearing was closed. Mr. Perlman commented that he feels this is a very strong ordinance and stated it gives the Commission the discretion to look at things on an individual basis. Mr. Perlman moved to adopt Ordinance No. 41-01 on Second and FINAL Reading, 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. Prior to the roll call, the following discussion ensued. Mrs. Archer stated she agrees with Mr. Williams and feels in some cases 300 feet may not be enough depending upon the type of business that is involved. However, Mrs. Archer stated that because this is a conditional use approval and the Commission has the option of adding other restrictions, she feels it is extremely important for the Commission to keep this in mind for any conditional use approvals for a 24-hour business. Mr. Levinson commented about the City's noise ordinance. With regard to West Atlantic Avenue, Mrs. Archer stated there is so much more residential so very close to the Atlantic Avenue Business District that she feels the Commission needs to be sensitive to this. 10.B. ORDINANCE NO. 40-01 (SECOND READING/SECOND PUBLIC HEARING): An ordinance amending Land Development Regulations Section 4.4.11(B)(3) to provide for business and professional offices as a permitted use in the NC (Neighborhood Commercial) zoning district, amending Section 4.4.11 (C)(2) to provide for refuse and service areas and by amending Section 4.4.11(H) to prohibit outdoor storage. Prior to consideration of passage of this ordinance on Second and FINAL Reading, a second public hearing has been scheduled to be held at this time. -13- 08~7~1 The City Manager presented Ordinance No. 40-01: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING CHAPTER FOUR, "ZONING REGULATIONS", SUBSECTION 4.4.11, "NEIGHBORHOOD COMMERCIAL (NC) DISTRICT", PARAGRAPH 4.4.11(B), "PRINCIPAL USES AND STRUCTURES PERMITTED", TO PROVIDE FOR BUSINESS AND PROFESSIONAL OFFICES; BY AMENDING PARAGRAPH 4.4.11(C) TO PROVIDE FOR REFUSE AND SERVICE AREAS; AND BY AMENDING PARAGRAPH 4.4.11(H), "SPECIAL REGULATIONS", TO PROHIBIT OUTDOOR STORAGE; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 40-01 is on file in the City Clerk's office.) The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. Paul Doffing, Planning Director, stated the last time this item was considered by the Commission a question was brought up regarding the equipment rental facility in the Neighborhood Commercial (NC) District. Mr. Doffing stated passage of this ordinance would make that a non-conforming use. However, Mr. Doffing stated this is a privately initiated petition and the petitioner has requested that the Commission approve. Mr. Doffing stated staff recommends approval to come back and modify the ordinance to allow equipment rental and display as a conditional use. There are some similar situations in the Neighborhood Commercial (NC) District with respect to the display of playground equipment and lawn furniture, which accommodates the "Hitching Post", located on West Atlantic Avenue. Staff is proposing to treat that similarly and add that as a conditional use but go forward with the amendment as it stands. Mayor Schmidt declared the public hearing open. Tony Keller~ Caribbean Blue Pools and Kellerco Construction~ Inc., introduced himself and stated he is available for any questions the Commission may have. There being no one else from the public who wished to address the Commission regarding this issue, the public hearing was closed. Mrs. Archer moved to adopt ordinance No. 40-01 on Second and FINAL Reading, seconded by Mr. Perlman. Upon roll call the Commission voted as follows: Mr. -14- 08/07/01 Perlman - Yes; Mrs. Archer - Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes. Said motion passed with a 5 to 0 vote. 10.¢. ORDINANCE NO. 42-01: An ordinance rezoning from R-1-A (Single Family Residential) to CF (Community Facilities) a parcel of land located on the west side of NW 4t~ Avenue, approximately 150 feet south of NW 1st Street to accommodate an off-street parking lot associated with the Atlantic Grove Redevelopment project. Prior to consideration of passage of this ordinance on Second and FINAL Reading, a second public heating has been scheduled to be held at this time. Quasi-Judicial Hearing The City Manager presented Ordinance No. 42-01: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, KEZONING AND PLACING LAND PRESENTLY ZONED R-1-A (SINGLE FAMILY RESIDENTIAL) DISTRICT TO CF (COMMUNITY FACILITIES) DISTRICT; SAID LAND BEING A PARCEL OF LAND LOCATED ON THE WEST SIDE OF N.W. 4TM AVENUE, APPROXIMATELY 360' NORTH OF WEST ATLANTIC AVENUE, AS MORE PARTICULARLY DESCRIBED HEREIN; AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, 2000"; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 42-01 is on file in the City Clerk's office.) The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Dekay Beach, Florida. Mayor Schmidt asked the Commission to disclose any ex parte contacts. No ex parte contacts were noted. 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. At this point, the City Attorney asked that if anyone would like to speak regarding the rezoning or the conditional use they would need to be sworn in by the City Clerk. 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 project file #2001-187, #2001 - 188, and #2001-206. -15- 08/07/01 Mr. Doffing explained that this rezoning involves a parcel of 0.23 acres, which currently contains a boarded-up single family home. The property is currently under contract for sale to Atlantic Grove Partners who will be developing the development for the CRA along Atlantic Avenue. The proposal is to construct a 24-space parking lot to be used by guests of residents and customers of businesses within the new development. Mr. Dorling stated in order to use the parcel for parking, the zoning change from the R-1-A (Single-Family Residential) designation must be accomplished. In addition, a privately owned parking lot is allowed in the CF (Community Facilities) zoning district as a conditional use, which is being processed concurrently with this request for rezoning. The Planning and Zoning Board held a public hearing on this item on July 16, 2001. No one from the public spoke other than the CRA Director who supported this project. After discussion, the Planning and Zoning Board recommended approval of both requests by a vote of 7-0. Diane Dominguez~ CRA Director~ stated this is part of the Atlantic Grove application and the property is under contract for the CRA to sell it to Atlantic Grove Partners for redevelopment. There is an existing house located on the property, which has historic significance. Ms. Dominguez stated it has not been decided about what will happen with this house. Several contractors have looked at the house who have stated that the home is in very poor condition and would need to be moved to accommodate this development. Ms. Dominguez stated the CRA has asked Mt. Olive Church to see if they had any interest in the house and they do not. Ms. Dominguez stated the property is basically needed for parking for the Atlantic Grove Development. Henry Williams~ 310 N.W. 3rd Avenue~ expressed concern over development and inquired as to why there is so much rezoning. Ms. Dominguez explained that the CRA worked with Mt. Olive Baptist Church and tried to come up with the right group of properties to use for this redevelopment project. Ms. Dominguez stated there are still discussions going on with Mt. Olive Baptist Church and it is a possibility that they may end up with this piece. This parcel is zoned R-1-A (Single Family Residential) and is surrounded by CF (Community Facilities) zoning. Ms. Dominguez stated church facilities to the east is zoned GC (General Commercial) and feels it does not make sense to have one lot sitting there surrounded by other development zoned for single family. Ms. Dominguez stated unless Mt. Olive were really able to use this house in conjunction with the church, it really does not make sense to have a house there to be surrounded by all the other uses. Ms. Dominguez feels the way things have changed in that area makes the zoning appropriate. Ms. Dominguez stated the CRA has not decided whether or not the house will be moved and they recognize that the house has historic significance. In terms of this lot, Ms. Dominguez reiterated that it makes sense that it either be used in conjunction with the Atlantic Grove Redevelopment Project or that it be used in conjunction with Mt. Olive Church and emphasized that the real need is to provide parking. -16- 08/07/01 Mr. Williams stated it bothers him to see the City tearing down all structures west of Swinton Avenue and while heading down Swinton Avenue the City instead chose to rebuild structures. He feels there will not be anything gained by the CRA putting a parking lot on this lot. Mr. Williams stated that no matter what race someone is they have a history and he does not feel the house should be torn down. There being no one else who, having been duly sworn, wished to address the Commission on the rezoning or the conditional use, the public heating was closed. Mr. Levinson moved to adopt Ordinance No. 42-01 on Second and FINAL Reading, seconded by Mr. Perlman. 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. Prior to the roll call, the following discussion ensued. Mr. Perlman stated there is call for redevelopment and a call for investment and the City needs to do certain things in order to facilitate that from happening. Mr. Perlman stated it is unfortunate that there is a house on the lot that has a degree of history that goes along with it. Mr. Perlman stated that he would like to see the house saved but at the same time recognizes sometimes these things cannot be saved because it is cost prohibited. With regard to public fimds, Mr. Perlman stated it becomes a responsibility to spend those funds wisely. Mr. Perlman stated this is something that has to be balanced and does not think anyone would feel good if this house ended up under the bulldozer. Mr. Perlman suggested that the City look at the West Settlers District because there are a significant number of buildings that are in danger or in danger of being lost. Mr. Perlman stated as a community and in concert with the CRA, Mr. Perlman suggested that the City look at this district and do something now as preventative medicine because this house was allowed to get to this point and rot. Mr. Perlman stated it is difficult to justify an enormous amount of money to improve the conditions of the house. Ms. McCarthy asked if Mr. Williams was ever made aware of the fact that this house could have been purchased for a nominal fee if someone was willing to relocate it? In response, Ms. Dominguez stated those houses are available for free. In the past, Ms. Dominguez stated whatever it would cost to demolish the house, that money would be applied towards the move. Regardless of the rezoning, Ms. McCarthy asked if someone were to take on the obligation of moving this house to another lot, that they could and would need to contact the CRA? In response, Ms. Dominguez stated this would be allowed. Secondly, Ms. McCarthy stated in going to an association meeting of the NW Associations a concern was brought to her attention. Ms. McCarthy stated there are some people who own homes in the first block north and south of Atlantic Avenue and these people informed her they are being discouraged from using the City's rehabilitative dollars. Ms. McCarthy stated she hopes the City is not putting homeowners' in positions where a roof could be replaced at a very low interest loan that could be forgiven if they stay there over a ten-year duration. Ms. McCarthy stated she does not want to see the City participate in something like this that would cause people to end up loosing value in their homes where they have acquired ownership. At -17- 08/07/01 some point, Ms. McCarthy stated she would like an answer from the people who monitor the dollars for the City's special programs to help people maintain their pride in homeownership. Ms. Butler stated the City has always dealt with emergencies and re-roofs to insure that a person's house is maintained and that it does not deteriorate any further. Ms. Butler explained that if someone lives within that first 300 feet and their home is in one of the blocks the CRA is working on, the City would not put $25,000 into your home. However, Ms. Butler stated if someone's house is substantially deteriorating and the homeowner needs help, there have been situations where the City has taken care of this. Ms. McCarthy asked Ms. Butler why someone would be told "no" because the are within the first 300 feet? In response, Ms. Butler stated staff would never say "no" but instead would say, "we will address your urgent needs". For example, if someone has a leaky roof and the roof needs to be repaired, the City will repair the leaky roof. Ms. McCarthy asked if it is not considered an urgent need and other people from the second block out would be eligible for these programs, are we saying then that the people who live within the first 300 feet would not be eligible? In response, Ms. Butler stated staff has not done substantial rehabilitation to the first 300 feet but have addressed any emergency needs they have had. Ms. McCarthy stated it would appear to people who are being impacted by this decision that they cannot get lawn improvement monies because that is not an emergency and lawn improvement monies is something that helps with curve appeal which impacts their ability to sell their homes at certain dollar values. Ms. Butler stated this is not correct and staff will do "boot strap" all day long even if it is not an emergency. Ms. McCarthy asked what things are these people not eligible for? In response, Ms. Butler stated this is what is referred to as "substantial rehabilitation" which is the full-scale rehab jobs where the entire house is brought up to code costing between $18,000-$25,000. Ms. McCarthy asked what the City's reason is for doing this? In response, Ms. Butler stated that when the West Atlantic Avenue Redevelopment Plan was first adopted, the policy decision was made that the City would invest the grant dollars into that first 300 feet when there was a likely chance that the properties would be acquired. Ms. Butler explained that there have been incidences where that policy has been ignored because in her mind if a person has a need she will take care of it. Ms. Butler stated if her staff was asked this direct question they may have given that answer but if an application comes in the Community Improvement Department will take care of it. Ms. McCarthy stated she wanted to have this cleared up because some citizens have made calls to staff who have informed them that if they live within that first 300 feet that they really should not waste their time on putting in the application. Ms. Butler stated they can put the applications in and stated she can show the Commission two or three that staff has done substantial work on within the same time period. Discussion by the Commission and staff followed. The City Manger stated he feels this is a real policy issue because these properties are not zoned residential and are in an area that is not particularly desirable to live in as residential use. The City Manager questioned whether or not it is appropriate to perpetuate this use and commented that this may not be a wise investment of public dollars. Mr. Levinson stated he happened to go by this house and feels it is in very poor -18- 08/07/01 condition. Mr. Levinson shares some of the same concerns as Commissioner Perlman in that some identification process in that neighborhood would preempt some of the homes with history from deteriorating to the point beyond repair as what happened with this home. Mrs. Archer suggested that the City document the house by taking photographs of the existing house, take measurements and do a floor plan so that at some future point it might be replicated if it was chosen to do so. In the meantime, Mrs. Archer stated its floor plan and photos of the existing house could be displayed at the Spady Museum or somewhere else. Ms. Dominguez stated there is identification of the structures in the West Settlers District when the district was first adopted. Ms. Dominguez suggested that staff update this information and get current ownership information and when allowed access get into the houses and try to do some minimal assessment of their conditions. Ms. Dominguez stated preventive measures would go a lot further with less money than trying to save something that has just been allowed to deteriorate. After some discussion, Ms. Dominguez stated she would like to hold another meeting with the original group of people that met the first time and discuss some ideas and explore some other alternatives. Ms. Dominguez stated the group includes people from EPOCH, people from Historic Preservation, Mayor Schmidt, Mr. Perlman, CRA staff, and members of the Northwest District. CONDITIONAL USE REQUEST: Consider a request to allow the establishment of an off-street private parking lot located on the west side of NW 4th Avenue, approximately 150 feet south of NW 1st Street, associated with the Atlantic Grove Redevelopment project. Quasi-Judicial Hearing Mr. Perlman moved to approve the Conditional Use request to allow the establishment of an off-street private parking lot located on the west side of NW 4th Avenue, 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 vote. 10.D. ORDINANCE NO. 43-01: An ordinance amending the Land Development Regulations Section 4.6.9(E)(3)(b) to include a map which delineates the in-lieu of parking fee areas and corresponding fee amounts. Prior to consideration of passage of this ordinance on Second and FINAL Reading, a second public hearing has been scheduled to be held at this time. The City Manager presented Ordinance No. 43-01: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING CHAPTER FOUR, "ZONING REGULATIONS", SUBSECTION 4.6.9, "OFF-STREET -19- 08/07/01 PARKING REGULATIONS", SUB-SUBSECTION 4.6.9(E)(3)(b), "LOCATION OF PARKING SPACES", TO INCLUDE A MAP WHICH DELINEATES THE IN-LIEU PARKING FEE AREAS AND CORRESPONDING FEE AMOUNTS; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 43-01 is on file in the City Clerk's office.) The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. Mayor Schmidt declared the public hearing open. There being no one who wished to address the Commission regarding this issue, the public heating was closed. Mr. Perlman moved to adopt Ordinance No. 43-01 on Second and FINAL Reading, 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. 10.E. ORDINANCE NO. 44-01: An ordinance amending Chapter 33, Police and Fire Departments Pension, Section 33.66 and Section 33.66(E)(2)(b) of the City Code of Ordinances which modifies the Police and Fire Pension Plan to conform with the Division of Retirement's concerns and meet the requirement of F.S. 112.661(5)(b). Prior to consideration of passage of this ordinance on Second and FINAL Reading, a second public hearing has been scheduled to be held at this time. The City Manager presented Ordinance No. 44-01: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 33, "POLICE AND FIRE DEPARTMENTS", SUBHEADING "PENSIONS", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SECTION 33.66, "FINANCES AND FUND MANAGEMENT," SECTION 33.66(E)(2)(b), TO MODIFY THE TIME PERIOD FOR REBALANCING PENSION FUND ASSETS; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 44-01 is on file in the City Clerk's office.) The City Attorney read the caption of the ordinance. A public heating was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. -20- 08/07/01 Mayor Schmidt declared the public hearing open. There being no one who wished to address the Commission regarding this issue, the public hearing was closed. At this point, Mr. Levinson left the dais. Mr. Perlman asked for clarification as to whether the Police and Fire Pension Board considered this. The City Attorney stated the Police and Fire Pension Board considered this item and noted that this amendment was required by the State. Mr. Perlman moved to adopt Ordinance No. 44-01 on Second and FINAL Reading, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes; Ms. McCarthy - Yes. Said motion passed with a 4 to 0 vote. 10.F... RESOLUTION NO. 4%01: A resolution authorizing the Community. Redevelopment Agency (CRA) to issue its Promissory Note, Series 2001, in the principal amount of not exceeding $1,000,000.00. The City Manager presented Resolution No. 47-01: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF DELRAY BEACH TO ISSUE ITS PROMISSORY NOTE, SERIES 2001, IN THE PRINC~AL AMOUNT OF NOT EXCEEDING $1,000,000; AND PROVIDING AN EFFECTIVE DATE. (The official copy of Resolution No. 47-01 is on file in the City Clerk's office.) The City Attorney read the caption of the resolution. 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 Dekay Beach, Florida. The City Attorney stated this Resolution was approved previously. However, the City Attorney stated Bond Counsel for the CRA has requested that it be put in Resolution form. At this point, Mr. Levinson returned to the dais. Mr. Perlman stated this is tied to the LIBOR Rate and asked if this is the best option? In response, Mr. Levinson commented that whenever he had the opportunity to take advantage of the LIBOR Rate he always did and suggested that the City take advantage of the LIBOR Rate. Mayor Schmidt declared the public hearing open. There being no who wished to -21- 08/07/01 address the Commission regarding Resolution No. 47-01, the public hearing was closed. Mrs. Archer moved to adopt Resolution No. 47-01 on Second and FINAL Reading, 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. 11._:. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS FROM THE PUBLIC-IMMEDIATELY FOLLOWING PUBLIC HEARINGS. 1 I.A. Ci.ty Manager's response to prior public comments and inquiries. In regard to a previous comment expressed by Mr. Martinez regarding the installation of a street light at 506 Southridge Road, the City Manager stated that the City has asked FPL to determine the feasibility of the cost of installing the light. The City Manager stated although it usually takes several months, the process has been started. ll.B. From the Public. II.B.I. Jean Beer~ 2145 S.W. 26th Terrace, stated she would like to know the number of properties in the City that are property tax exempt and the approximate area they would encompass if put altogether. Ms. Beer stated when the CRA was originally organized it was for a maximum of 20 years which means that the CRA would be abolished in the year 2005. Ms. Beer stated the City has bonds going to year 2019 and she has no problem with short-term notes. However, Ms. Beer stated she feels the Commission needs to start thinking in terms of does the City want a CRA that is self-perpetuating forever and suggested that the Commission have a sunset date for the CRA. Ms. Beer feels there will come a day when the rest of the City will need the tax base to pay for the ever-increasing operating expenses of the City. Ms. Beer stated Chris Brown, former Director of the CRA stated the CRA cannot be collapsed until 2019. Ms. Beer stated whether or not there is a CRA, those Bonds are ultimately the City's problem. Furthermore, Ms. Beer stated she would like to see the redevelopment of West Atlantic Avenue completed and completed well. She suggested that the Commission really think about a sunset date for the CRA and stated she does not want to see the CRA go on forever. ll.B.2. Jim Smith~ 1225 S. Ocean Boulevard~ stated at the July l0th Commission meeting he spoke regarding the graffiti that appears on the sidewalk on Ocean Boulevard. He stated since then some of the graffiti has been removed. However, some of the graffiti, which reads "Chaney is gay", and other graffiti remarks referring to homosexuals remains at parking meter space B24 and B25. Mr. Smith asked that the Commission declare the sidewalks along Ocean Boulevard and Atlantic Avenue as "graffiti free zones". In other words, Mr. Smith stated this way all graffiti will be spotted and reported the same day that it appears, and that it will be cleaned up the next day. Secondly, with regard to the Seagate Beach Club valet parking problem, Mr. Smith stated the valet parking service of the Seagate Beach Club located along the east shoulder along A-1-A continues to jeopardize public safety every time a car is valet parked or returned when the valets make illegal left tums over the double yellow center lines on the "S" shaped -22 - 08/07/01 curve. Mr. Smith suggested that the City send the Police Chief to the hotel explaining the situation and inform them that the Police Department will begin issuing traffic violations. Mr. Smith stated he understands that Scott from the Planning Department will be looking into the parking situation at the Seagate Beach Club in the next few weeks. However, in the mean time, Mr. Smith urged the Commission to not listen to the excuse from the Seagate Beach Club that they do not have enough parking. Mr. Smith stated the Seagate Beach Club has a large parking lot in the back of their property that is rarely used for valet parking because it is inconvenient for the valets. Also, there is vacant land off the perimeter roads on either side of the property that can easily be converted into additional parking. Mr. Smith stated the only parking that should be allowed on the east shoulder of A-1-A should be for delivery trucks to do their unloading. Mr. Smith stated the Seagate Beach Club needs to relocate their valet parking service to the other side of A-1-A before someone gets hurt. Thirdly, with regard to common sense laws, Mr. Smith stated it makes no sense to deny poor families access to our public beach while giving select middle class or rich families free access. Mr. Smith stated while jogging along Ocean Boulevard south of Atlantic he sees new or late model Lincoln Town cars, Mercedes, and BMW's parked in six or seven non- metered parking spaces for the handicap and feels just because someone is handicapped does not mean they are entitled to flee parking. He suggested that the City issue parking decals to poor families so that if they do not have the quarters to put in the meter that they are at least able to take their families to the beach. Lastly, with regard to the tax law, Mr. Smith asked that the City conduct a survey of taxes collected, the millage rate, and services provided by other Florida cities of comparable size so that the Commission and the citizens of Delray can determine whether or not the City has the proper tax millage, the total taxes collected, and the services. In conclusion, Mr. Smith stated he looks forward to action regarding these requests. ll.B.3. Alice Finst~ 707 Place Tavant~ expressed concern regarding the process for appointment of persons who are being asked to serve or complete someone else's term. Recently, there was an appointment to the SPRAB Board of a person to fill a term and when that term was completed apparently no one checked with her to see if she wanted to be selected for reappointment. In addition, no one checked with the Chairman of the Board to see what kind of a job she was doing, and no one checked with Loretta Heussi, Staff Assistant II/Planning, to see about the attendance. Ms. Finst stated she feels that she was an extraordinary contribution to the Board being a City planner in her own right she brought things to the Board such as detail, laws, information and common sense which completed that Board. Ms. Finst stated her name was not presented and asked what the process is if someone has served well on a Board and feels they should at least have the opportunity to continue in that position. Ms. Finst urged the Commission to put this person's name onto another Board because she did an extraordinary job. Secondly, Ms. Finst expressed concern regarding the condition of the monument located on N.W. 5th Avenue. Ms. Finst stated while she and Spencer Pompey served on the Historic Preservation Board they both worked very hard to make sure the park would be kept in good condition. She stated the park is currently in derelict condition. Furthermore, Ms. Finst stated the sprinklers are not in good shape, the plants are in disrepair if non-existent, and the -23- 08/07/01 condition of the grounds leaves a lot to be desired. Ms. Finst stated that if this is going to be a City park then it should be kept in the same condition that other City parks are kept. In addition, Ms. Finst asked the Commission to take a look at N.W. 5th Avenue in itself because approximately seven trees have been cut down and overall stated the street is in poor shape. Thirdly, Ms. Finst stated the Homeowners' League of Chatelaine would like to thank the City for holding the Neighborhood Orientation and Organization Program at Old School Square. Ms. Finst stated in preparation for their neighborhood improvement plan they would do a number of things learned from the program. One is to get a neighborhood directory of 201 homes so that they could get demographics and other statistics. Ms. Finst stated at this point, Chatelaine currently has a neighborhood directory of 201 homes, names, addresses, and telephone numbers. Ms. Finst complimented staff for their hard work and particularly thanked Barbara Schooler, Utilities Customer Service Manager/UTB, Norma Smith, Executive Assistant/Code Enforcement, and Margaret Halupka, StaffAssistant IFCode Enforcement. 13. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS. 13.A. CiW, Manager. The City Manager stated he is glad to be back from vacation. He was in Phoenix, Arizona where temperatures reached 107 degrees and commented that it was extremely hot. 13.B. Ci ,t?/ Attorney. The City Attorney had no comments or inquiries on non-agenda items. 13.C. City Commission. 13.C.1. Commissioner Archer Mrs. Archer commented about airports and the flight paths of airplanes. Mrs. Archer stated she received some information from a resident who is very concerned and has taken the time to investigate the flight paths and identify those in which most of the violations occur over the City of De[ray. Mrs. Archer stated this resident has indeed sighted aircraft and have kept records over which aircraft are making the violations and has come up with the understanding that most of them happen at night when it is impossible to read the number on the airplane. Mrs. Archer stated nothing would be done unless the specific airplane is identified. All of the information of the volumes and the altitude is left up to the pilot's initiative because he is in control of the safety of the aircraft. However, Mrs. Archer stated this resident and she witnessed the same plane flying less than 300 feet above her house. Mrs. Archer stated it was approximately 9:30 p.m. and apparently the individuals flying the plane were sight seeing. Mrs. Archer stated for the record that there are repeated violations particularly in those two flight paths and will pass the information to the City Manager. Mrs. Archer asked if the City could make an additional statement because she feels it is impossible to document this because there are numerous violations. -24- 08/07/01 With regard to Board appointments, Mrs. Archer feels it is important that the Commission keep in mind the careers of the individuals who are being appointed whether they are new or old, and emphasized that all seats need to be filled. 13.C.2. Commissioner Perlman Mr. Perlman welcomed back the City Manager and commented that he has been to Phoenix, Arizona in August and the temperature was approximately 110 degrees. Mr. Perlman stated while out walking with his children they ran into Mr. William Fay, Principal of Banyan Creek Elementary School and they are hoping to re-stripe their parking lot because the parking lot is very dirty. Mr. Perlman stated the district does not own a sweeper because they contract out. Mr. Fay asked Mr. Perlman if there was any possibility that the City sweep the parking lot so that the school may re-stripe the lot. The City Manager stated although the City does not have a sweeper he would try and find a way to help him out. 13.C.3. Commissioner McCarthy Ms. McCarthy reminded everyone that the Roots Cultural Festival Parade is going to be held on Friday. In addition, Ms. McCarthy announced that Summer Nights on the Avenue has been rescheduled from last Friday to Friday, August 10th because of the rain. 13.C.4. Commissioner Levinson Mr. Levinson commented about the airport issue and stated, as he understands it the Part 150 Study is out. He stated apparently there is a sample letter that people are being asked to send. Mr. Levinson stated he has received numerous calls from various organizations regarding airplane noise. He requested a copy of this letter so that if someone calls him regarding the airplane noise, he would like to be able to give them this letter. Mr. Levinson stated he ran into David Schmidt from Boca Raton Educational Television, and asked that someone from the City follow through with the Commission's consensus that we try and see if the City can negotiations an agreement with them particularly because it came out so high both the MacArthur Grant and the Visions 2010 in terms of communications and systems to communicate with the residents. Thirdly, Mr. Levinson requested that if it is appropriate, he would like to have a "Shade" meeting to hear about the Fire Department contract negotiations. The City Manager stated there was a meeting planned but Jim Tabeek was on vacation. The City Manager stated Mr. Tabeek wanted to work some more on the initial proposals but imagines this is all cleared up now. With regard to the Board appointments, Mr. Levinson stated he is hearing it from both sides. For example, Mr. Levinson stated he is hearing from people who were upset that certain people were not reappointed but at the same time some people feel there needs to be new people appointed to the boards. Mr. Levinson encouraged the Commission to Workshop this -25- 08/07/01 issue in an effort to look for a method to help resolve some of the issues regarding the Board appointments. Lastly, Mr. Levinson stated he has made tentative reservations for Bergamo's for Friday evening at 8:00 p.m. and asked that everyone let him know whether or not they can attend. There being no further business, Mayor Schmidt declared the meeting adjourned at 8:05 p.m. City Clerk ATTEST: MAYOR The undersigned is the City Clerk of the City of Delray Beach, Florida, and the information provided herein is the minutes of the Regular City Commission Meeting held on August 7, 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. -26- 08/07/01 AUGUST 14, 2001 A Special Meeting of the City Commission of the Cxty of Delray Beach, Florida was called to order by Mayor David W. Schmidt in the Frrst Floor Conference Room at City Hall at 6:00 P.M., Tuesday, August 14, 2001. Roll call showed: Present - Comrmssxoner Patricia Archer Comrmssaoner Alberta McCarthy Commissioner Jeff Perlman Comrmssxoner Jon Levinson Mayor David W. Schmidt Absent - None Also present were - City Manager David T. Harden and City Attorney Susan A. Ruby City Clerk Barbara Garito Mayor Schmidt called the meeting to order and announced that ~t had been called for the purpose of considering the following item: EMERGENCY MANHOLE REPLACEMENT/CHAZ EQUIPMENT COMPANY, INC. (CURLEW ROAD & KINGBIRD CIRCLE: Consider approval of a contract award m the amount of $26,000.00 to Chaz Eqmpment Company, Inc. to perform an emergency structure replacement of a manhole at the intersection of Curlew Road and Kingbird Circle in the Tropic Palms Subdivision. Funding is available from 442-5178-536-63.51 Coq & s Renewal & Replacement, Other Improvements). Mr. Levinson made a motion to approve the contract award to Chaz Equipment Company, Inc. in the amount of $26,000.00 to perform the structure replacement of a manhole on an emergency basas, 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 Schrmdt - Yes. Said morton passed w~th a 5 to 0 vote. Mayor Schmidt declared the Special Meeting adjourned at 6:04 p.m., at whtch time the Commission convened to the regularly scheduled Workshop Meeting. ATrEST: City Clerk MAYOR The undersigned is the City Clerk of the City of Delray Beach, Florida, and the information provided herein IS the Minutes of the Special Meeting of the City Commission held on August 14, 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 officxal Minutes only after review and approval, which may involve amendments, additions or deleuons to the Minutes as set forth above. 2 WHEREAS, in the year 2001, the month of September has been declared National Prostate Cancer Awareness Month; and WItEREAS, in the year 2001, approximately 198,100 men in the United States will learn that they have prostate cancer, and across the nation prostate cancer is the most commonly diagnosed nonskin cancer in men; and WHEREAS, approximately 31,500 men will lose their lives to this disease in 2001, and one in six men in the nation are at risk of developing prostate cancer during their lifetime; and WHEREAS, it is known that about 25 percent of prostate cancer occurs in men under thc age of 65 during their prime work years, and at any age prostate cancer devastates families through loss of income, partnership, and support; and WHEREAS, prostate cancer leaves too many parents, women, children and other family members without a man they love, and African American families are disproportionately affected due to African American men having the highest prostate cancer incidence and mortality rates in the world; and WHEREAS, prostate cancer has accounted, on average, for 15 pement of the nation's cancer burden and 15 percent of male cancer deaths, bm the disease has received, on average, only about 5 pement of the funds this nation commits annually to cancer research; and WHEREAS, research suggests that men could reduce their risk of prostate cancer mortality if they followed recommended prostate cancer screening guidelines, including examination by a health care provider and increased awareness and use of early detection practices. NOW, THEREFORE, I, DAVID W. SCHMIDT, Mayor of the City of De[ray Beach, Florida, on behalf of the City Commission, do hereby proclaim September 2001 as PROSTATE CANCER AWARENESS MONTH in De[ray Beach, Florida and urge all men in our community to become aware of their own risks of prostate cancer, talk to their health care providers about prostate cancer, and, whenever appropriate, get screened for the disease. I further encourage all residents to become involved in the war on prostate cancer. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Official Seal of the City o£Delray Beach, Florida, to be affixed this 21S~day of August, 2001. DAVID W. SCHMIDT MAYOR NATIONAL PROSTATE CANCER COALITION Awareness · Outreach · Advocacy 1158 F~eenth Street, NW Washington, DC 20005 Phone: 202-463-9455 888-245-94S5 Fa~c 202-463-9456 Emil' Info~PCaCoalmon.org. Board of Directors & Executive Staff Jan Huntsman Michael Mdken Co-Founders & Honorary Co-Chmrs Judge Ralph Burnett Wilham A. Schwartz V~ce Chair & CEO R~chard N Atk~ns, M D CaP CURE - Government Research Imt~at~ves Group V~ce Chasr & COO Hank Porterfield Us TOO! Internauonal ~ce Chmr Thomas Bruckman American Foundanon for Um/og~c D~sease John R. Colbert Jr Hale & Dorr Rob Durkee Cancer Research Institute Winston C.A. Dyer New York Prostate Cancer Project Betty Gallo Dean & Betel Gallo Cancer Center Clay W Hamhn, III Corporate Of~ce Pmpemes Trust Raymond E Lenhard Jr., M.D. American Cancer Sooety Michael MIIken CaP CURE S. Leslie Misrock Penme & Edmonds Robert Stephenson, M D. Huntsman Cancer Center John L Willey Charter Investment Wesley S Williams Jr. Cowngton & Burlmg _lune 29, 2001 Ms. Nilza Madden City of Delray Beach Clerk's Office 100 NW 1st Avenue Delray Beach, FL 33444 Dear Nilza: First and foremost, we would like to thank you for all that you did last year for the Prostate Cancer Awareness Month (PCAM) campaign. Your energy and commitment resulted in 152 mayors declaring September 2000 Prostate Cancer Awareness Month. In 2001 our goal is to double the number of mayors participating in this program. We need you to start reaching out to your mayor now. The enclosed materials will give you tools you need, particularly the sample proclamation and news release. The blue ribbon pin message and order form may also be useful. Delivering this with some prostate cancer awareness pins to your mayor is a good icebreaker. Your approach to getting the September 2001 PCAM proclamation is up to you -- you know your community and its politics better than any outsider. Of course, we are here for you to consult with, especially since we get feedback from advocates across the nation and there might be an idea that you can use. We would appreciate it if you can let us know what you have accomplished so that we can share your successes and ideas with others around the country. Please call me, Cece, at 888-245-9455 (toll-flee) or e-mail me at cdorough@PCaCoalition.org, if you have questions or comments. Good luck with your mayor. Working together we will make a difference! Sincerely, Cecily ^. Dorough, M.S.W. Program Manager Visit our website, www. PCaCoalltlon.org, ~nd subscribe to SmartBrief our free interactive newsletter. NPCC's Suggested P an of Action for a Mayor's ]:nitiative on Prostate Cancer Awareness and Education Establish a Task Force, The task force should be empow- ered to organize events and activlbes to support Prostate Cancer Awareness Month, Week or Day ~n your community. It will obtain sponsorships and develop educational pro~ grams to foster community awareness about prostate cancer risks, prevenbon and treatments. The task force should include leaders in government, business, faith-based organi- zations, the chamber of commerce, public health, health care, educabon, media, and other areas. It should ~nclude prostate cancer survivors and family members, as well as members of targeted at-risk families and communities. Enlist Other Community Leaders. Galvanize other com- munity leaders around th~s important project. These leaders are pivotal in driving the issues and reaching out to key communities and at-risk populabons, like African Americans, seniors, business leaders, women and veterans. Form Partnerships, Enlist communib/service orgamza- tions, businesses, women's and men's organizabons, faith- based organlzabons, health care providers and promoters, survivor groups and others to partner with the mayor's office to promote prostate cancer awareness. Include med~a out- lets, libraries, shopping malls and other commercial venues, utilities, telecommunications and other orgamzations that have an interest in promoting the well being of the commu- nib/. Consider reaching-out to neighboring mayors to form regional partnerships. Encourage Your Public Health and Health Care Communities. Initiate or expand projects in your public health and health care commumties. Establish, augment or support programs to educate the community about prostate cancer. Survivor groups, hospitals, cancer awareness organi- zabons, primary care providers, urologists, oncolog~sts (including radiabon oncolog~sts), oncology nurses, mental health professionals and others are important parbcipants. Hake sure to revolve cancer centers and academic or other research facihties. Some may already facilitate prostate can- cer education, support or research programs, and they may appreciate the opportumty to pubhc~ze these programs to a w~der audience. They can lend ~mportant sc~enbfic, medical and other support to your initiative. Initiate Business Participation. Recruit businesses to sponsor prostate cancer awareness, health reformation and screening opportumtles in workplaces. Ask local health care providers and prostate cancer survivors or advocates to speak to workers during "lunchbme learning." Hold health fairs where men and famd~es learn more about prostate cancer, its prevention and the importance of research to find new treatments. Human resources departments can help employees obtain leave for health consultations, examma- tions or screening. Encourage businesses to inform cus- tomers about prostate cancer through bilhng inserts. Ask companies to sponsor task force events and provide in-k~nd donabons. For example, ask transportation services to offer free rides to men and famdy members for medical consulta- tions or prostate cancer screening. Ask local printers to donate brochures and flyers. Ask local theaters to broadcast messages about prostate cancer awareness before or dunng movie previews. Business partnerships are key components of a successful ~n~babve. Foster Press and Media Coverage. Make the announce- ment of your ~nitiative at a press event. Organize spokes- people, including speakers bureaus, through your task force. Engage local media outlets in d~scussions about how best to dehver the prostate cancer awareness messages. They m~ght consider developing pubhc service announcements or spon- sonng events. Cable stations are particularly ~mportant, as well as well as weekly newspapers and news directed to tar- geted populations. Become a Liaison to State and Federal Governments. You can play a crucial role with other elected officials ~n your state and in Washington. Extend efforts to guarantee that all men and famihes have adequate ~nformation about and access to health services, including screening and clinical als. Influence government to assure that men have all prostate cancer treatment opbons - including clinical trials - available to them, regardless of income. Lead by Example. Develop a rephcable model awareness program and launch it among c~ty employees. Prowde work- er ~ncentives to obtain health care consultabons and prostate cancer tesbng. Declare Prostate Cancer Awareness Honth, Week or Day. Establish a calendar of events that fosters awareness and other acbvities directed to men and families. Consider the special needs of at-risk famdies and populabons. Follow Up_. Your task force will be instrumental in deter- mining outcomes for your prostate cancer awareness efforts and finding ways to achieve them. It should evaluate your programs regularly and review them to assure effecbveness. Good luc~ and call us! The National Prostate Cancer Coalition is available as your resource, (888) 245-9455. National Prostate Cancer Coalition, 1158 15th Street, NW, Washington, DC 20005 Telephone. (888) 245-9455/Fax (202) 463-9456/Web www PCaCoalibon.org TO: THRU: FROM: DAV. T. HARDEN, CITY MANAGER · DAN MARFINO, PRINCIPAL PLANNER SUBJECT: MEETING OF AUGUST 21, 2001 **CONSENT AGENDA** INITIATION OF A COMPREHENSIVE PLAN TEXT AMENDMENT RELATING TO SCHOOL CONCURRENCY The action requested of the City Commission is initiation of a Comprehensive Plan text amendment relating to school concurrency. Pursuant to LDR Section 9.2.1, the City Commission must formally initiate amendments to the Plan. This amendment represents the third amendment for the year 2001. Pursuant to Florida Statute 163.3187(1)(j) this amendment is exempt from the twice a year Comprehensive Plan amendment limit imposed by Florida Statute. This amendment will include creation of a new Public Schools Facilities Element, which will include a definition section and related map series, and revisions to the existing Capital Improvement Element to include the School Districts adopted Five-Year Capital Facilities Plan. The Planning and Zoning Board will consider the initiation request at their meeting of August 20, 2001, details of that meeting will be provided to Commission on August 21, 2001. By motion, approve the initiation of a Comprehensive Plan Text Amendment relating to School Concurrency. S:\LongRange\comp\01-3 CC schoollnitiation TO: THRU: FROM: DAy, HASTY MANAGER SUBJECT: MEETING OF AUGUST 2'1,200'1 **CONSENT AGENDA** ACCEPTANCE OF A HOLD HARMLESS AGREEMENT ASSOCIATED WITH BOSTON'S ON THE BEACH - 40 S. OCEAN BOULEVARD. The action requested of the City Commission is acceptance of a Hold Harmless Agreement associated with the installation of an awning at Boston's on the Beach. The property is located at 40 S. Ocean Boulevard, on the west side of the road just south of E. Atlantic Avenue. On June 6, 2001, a site plan modification was approved which will replace the barrel tile overhang and entrance awning along the east elevation with a new combination box and barrel style vinyl awning. The approval was subject to the execution of a Hold Harmless Agreement for the awning, which projects into the S. Ocean Boulevard (State Road A-l-A) right-of-way. Pursuant to LDR Section 6.3.4, canopies, marquees and covered walkways may extend into the public right-of-way when approved by the Chief Building Official subject to the execution of a Hold Harmless Agreement. The attached Hold Harmless Agreement is being processed to hold the City of Delray Beach harmless for any damage which might be caused to the awning as a result of any future maintenance of utilities located within S. Ocean Boulevard (State Road A-l-A) right-of-way. It will also hold the City harmless from any claims for any damages or injuries caused by the awning. The attached agreement has been reviewed by the City Attorney's Office for sufficiency and the Chief Building Official has approved the location of the canopy. The agreement is now before the City Commission for action. By motion, accept the Hold Harmless Agreement associated with Boston's on the Beach at 40 S. Ocean Boulevard. Attachments: · Hold Harmless Agreement · Site Plan · Elevation CANOPY HOLD HARMLESS AGREEMENT This Hold Harmless Agreement and General Release, is made this day of by and between the City of Delray Beach, Florida ("City") and with a mailing address of and hereinafter referred to as ("Owner"). WITNESSETH: WHEREAS, Owner, located at has requested approval to install a canopy , Delray Beach, Florida, on the structure located at 40 South Ocean abide by all the regulations governing canopies extending into the public right-of-way as contained within the ordinances of the City of Delray Beach. NOW, THEREFORE, FOR THE MUTUAL COVENANTS AND MATTERS SET FORTH HEREIN, AS OF THE DATE SET FORTH ABOVE, THE PARTIES HEREBY AGREE AS FOLLOWS: 1. RECITALS. The recitations set forth above are incorporated herein. 2. CITY ASSUMES NO LIABILITY. Owner acknowledges that the City shall assume no liability or responsibility for said land, structures, improvements, materials, appurtenances or the partial or complete destruction or removal of the same on the subject property. applicable agreement with the City; and, WHEREAS, Owner agrees to Boulevard in accordance with Exhibit "A" and pursuant to the requirements of the Land Development Regulations of the City of Delray Beach, Section 6.3.4; and, WHEREAS, the Land Development Regulations of the City of Delray Beach, Florida in Section 6.3.4 requires approval of th~ Chi..ef Building Official through approval of an 3. PERMITS REQUIRED. Nothing in this Agreement relieves Owner of any obligation imposed under the City's Land Development Regulations or Code of Ordinances. Owner is responsible for obtaining any and all permits required in connection with the construction/installation of the canopies and/or supports. 4. INDEMNIFICATION Owner shall defend, indemnify and hold the City harmless from any claims, suits, damages, causes of action or any other forms of liability that are brought against the City, its employees, agems, contractors and assigns arising out of Owner's installation/construction of the canopies and/or supports. 5. GOVERNING LAWS; VENUE Any claims, lawsuits or disputes that may arise under this Agreement shall be governed by the Laws of Florida, with venue in Palm Beach County, Florida. ATTEST: By:. City Clerk Approved as to form and legal sufficiency: By: City Attorney WITNESS: (name typed or handwritten) WITNESS: CITY OF DELRAY BEACH, FLORIDA By: City Manager OWNER: By: (name typed or handwritten) SEAL (name typed or handwritten) STATE OF COUNTY OF The foregoing instrument was acknowledged before me this day of ,200_ by (name of officer or agem, title of officer or agent), of (name of corporation acknowledging), a (state or place of incorporation) corporation, on behalf of the corporation. He/She is personally known to me or has produced (type of identification) as identification and did/did not take an oath. Signature of Person Taking Acknowledgmem II ii. I j;,l,', 'illq"ll]: ~.:,:tJlll,m,lJ,,,. - - id' TO: THRU: FROM: D~ H Ax~.~ITY MANAGER PAULD O R L I~;~~T~O R O FPLANNIN G A NDZONIN G ~T, PLANNER SUBJECT: MEETING OF AUGUST 21, 2001 **CONSENT AGENDA** ACCEPTANCE OF A HOLD HARMLESS AGREEMENT ASSOCIATED WITH SOPRA RESTAURANT- 110 EAST ATLANTIC AVENUE. The action requested of the City Commission is acceptance of a Hold Harmless Agreement associated with the installation of awnings at SOPRA Restaurant. The property is located at 110 East Atlantic Avenue, on the south side of the road between SE 1st Avenue and SE 2nd Avenue. At its meeting of February 14, 2001, the Site Plan Review and Appearance Board (SPRAB) approved a site plan modification consisting of minor site changes and extensive fa(;ade changes for SOPRA Restaurant. One of the fa(;ade changes included awnings that will encroach into the E. Atlantic Avenue right-of-way. Pursuant to LDR Section 6.3.4, canopies, marquees and covered walkways may extend into the public right-of-way when approved by the Chief Building Official subject to the execution of a Hold Harmless Agreement. The attached Hold Harmless Agreement is being processed to hold the City of Delray Beach harmless for any damage which might be caused to the awnings as a result of any future maintenance of utilities located within East Atlantic Avenue right-of-way. It will also hold the City harmless from any claims for damages or injuries caused by the canopy. The attached agreement has been reviewed by the City Attorney's Office for sufficiency and the Chief Building Official has approved the location of the canopy. The agreement is now before the City Commission for action. By motion, accept the Hold Harmless Agreement associated with SOPRA Restaurant at 110 East Atlantic Avenue. Attachments: · Hold Harmless Agreement · Site Plan · Elevation · Survey CANOPY HOLD ]]~.MLESS AGREEM~NT This Hold Harmless Agreement and General Release, is made this. day of , 200_ by and between the City of Delray Beach, Florida ("City") and TD1 Restaurant Group d/b/a ~ with a mailing address of ll0 E. Atlantic Ave., D.B., FL Sopra, a Florida corporation 33444 and h~.~einafter referred to as ("Owner"). WITNI~SSETH: ~H]~, Owner, located at 110 E. Atlantic Ave. , Delray Beach, Florida, has requested approval to install a canopy on the City right-of-way pursuant to the requirements of the Land D~velopment Regulations of the City of Delray Beach, Section 6.3.4; and, WI{EREAS, the Land Development Regulations of the City of Delra~ Beach, Florida in Section 6.3.4 requires approval of the Chief Building Official through approval of an applicable agreement with the City; and, WHEREAS, Owner agrees to abide by all the regulations governi-g canopies extendhag into the publie right-of-way as contained within the ordinances of the City of Delray Beach. NOW, THEREFORE, FOR THE MUTUAL COVENANTS AND MATTERS SET FORTH HEREIN, AS OF THE DATE SET FORTH ABOVE, THE PARTIES HEREBY AGREF. AS FOLLOWS: 1. RECITALS. The recitations set forth above are incorporated herein. 2. CITY ASSUMES NO I,IABILITY. Owner acknowledges that the City shall assume no liability or responsibility for said land, structures, improvements, materials, appurtenances or the partial or complete destruction or removal of the same on the subject property. 3. PERMI'InS REQUIRED. Nothing in this Agreement relieves Owner of any obligation imposed under the City's Land Development Regulations or Code of Ordinances. Owner is respomible for obtaining any and all permits r~qu/red in connection with the consmmtion/imtallation of the canopies and/or supports. 4. INDEMNIFICATION Owner shall defend, indemnify _and hold the City harmless from any claims, suits, damages, causes of action or any other forms of liability that are brought against the City, its employees, agents, contractors and assigns arising out of Owner's installation/construction of the canopies and/or supports. 5. GOVERNING LAWS~ VENUE Any claims, lawsuits or disputes that may arise under this Agreement shall be governed by the Laws of Florida, with venue in Palm Beach County, Florida. ATTEST: City Clerk Approved as to form and legal sufficiency: By: City Attorney Wrl"NESS: (name typed or handwritten) (name typed or handwr/tml) STATE OF CO.TV OF m. CITY OF DELRAY BEACH, FLORIDA By: Mayor /tS: D;r~o't'of (name typed or handwritten) SEAL t~ ,~.~,so~,~ :.~um~m was a¢loaowledged before me this / day of ~ ~tt .5 ,200 ! by I'~ Ca u' ~ /D~/'~ o (name of oftieer or ~gent, title of officer or agent), of ..'T'~..I '~a~$~e~t {a'~at' (name of corboration a¢lcnowledging), a ..~2. trCe.~'v' (sta~x~la~ of incorporation) corporation, on behalf of the corporation. ~)she is-l~tt3'"'~~~ to~'~or bas produced ___ (type of identification) as identification and did/did not take an an oath. ,- ~ v,a~a~ £ ~ourz Signature of Person Taldng ~7/ ~. cc 7~o~ Acknowledgment INC. ~0 S,W 2~ AVEN~. ~UI~ 102 BOCA RATON, FLORDA ~ (5S1) 392-2504. FAX (5~) 394-7~5 _ ALTA/ACSM LAND TITLE SURVEY: LOT 1-3, 8 & 9, BLOCK 77 MAP OF "~-IF' TOWN OF UNTON, FLORIDA (P.B ~ ~G 3, P.E C R) z~: m MEMORANDUM TO: FROM: SUBJECT: DATE: MAYOR AND CITY COMMISSIONERS CITY MANAGER ~~. AGENDA ITEM · · - REGULAR MEETING OF AUGUST 21, 2001 SERVICE AUTHORIZATION #24/DAVID MILLER & ASSOCIATES (YOUTH TEEN CENTER) AUGUST 17, 2001 This is before the City Comrmssion to approve Service Authorization #24 in the amount of $22,000.00 with David Mtller& Associates for professional services related to improvements to the existing Woman's Club building, modifying the building and site as reqmred to accommodate the Youth Teen Council. The improvements will include renovattons to the restroom and kitchen areas, installation of new electrical sermce and mechanical systems, and the addition of approximately 200 s.f. to the eyastmg 3,300 s.f. building. The scope of services to be provided under this service authorization includes preliminary design, cost estimates, final design, preparation of construction documents, construction administration, and reimbursable expenses. Funding is available from 334-6111-572-62.09 (General Construction/Youth Teen Council). Recommend approval of Service Authorization #24 w/th David Miller & Associates. Ref'Agmemol 6.ServaceAuth #24.David Miller & Assoc~ates.YouthTeenCenter.08 21 01 City Of Delray Beach Department of Environmental Services M E M 0 R A N D U M TO: FROM: DAVID HARDEN City Manager V ICT 0 R MA JTENYI Assistant Construction Manager www delrayesd, corn SUBJECT: DELRAY YOUTH TEEN COUNCIL BUILDING, P/N 2000-042 Agenda Request for Consulting Services to David Miller DATE: AUGUST 15, 2001 Attached for Commission approval is a Service Authorization for consulting services in developing construction documents for the construction of improvements to the existing Women's Club, modifying the building and site as required to accommodate the Youth Teen Council. The improvements include renovations to the restroom and kitchen areas, installation of new electrical service and mechanical systems, and the addition of approximately 200 s.f. to the existing 3,300 s.f. building. Estimated budgeted construction cost is $222,000.00. Service Authorization #24 to David Miller and Associates, P.A., is for a total of $22,000.00. It includes services for preliminary design (hourly not to exceed $5,500); cost estimates, final design, and contract documents (lump sum $12,000); and construction administration (hourly not to exceed $4,000) and reimbursable expenses (not to exceed $500). A copy of the Service Authorization is attached for your review. Staff recommends execution of Service Authorization #24 to David Miller & Associates, P.A., in the amount of $22,000.00, for consulting services in developing plans and specifications for the construction of improvements to the new Delray Youth Teen Council Building (PN 2000-042). Funding is available from 334-6111-572-62.09, General Construction Fund/Youth Teen Council. Lula Butler; DJrector of Commumty Improvement George Diaz, Deputy Building Official Richard Hasko; Director of ESD Howard W~ght, Dep Director of Construction, ESD File 2000-042 (A) &lEng.~dmtnlProjects12000i2000-O421CONTRACTMgnd memo 08 21 O1 SA#24-DMM doc CONSULTfNG SERVICE AUTHORIZATION DATE. SEKVICE AUTHORIZATION NO, CITY P,O NO. CITY PROJECT NO 2000-042 DM&A PROJECT NO. 24 FOR CONSULTING SERVICES CITY EXPENSE CODE TITLE, Teen Center- Interior and Exterior Renov,ations and Addition.._ This Service Authorization, when executed, shall be incorporated in and shall become an integral part of the Contract, dated February, 1996 between the City of Delray Beach and David Miller & Associates. PROJECT DESCRIPTION The project consists of interior renovations, exterior renovations mad addition to the Women's Club located at 505 S.E. 5a~ Ave. in Delray Beach. The facility will house the Teen Center for the Delray Youth Council. The building will be expanded by 200 s.f. +/- to a size of approximately 3300 s.f. The existing restrooms and kitchen area will be expanded and totally renovated. New electrical service and mechallical systems will be installed, and the site will be modified to prov/de basketball and other activity areas. I1 SC~91'E OF SERVICES The following scope of services is developed in accordance with the Standard Agreement for Architectural Services. Phases I - V Included in this Serv/ce Authorization, which includes meetings with the Youth Council and City Representatives, field verification of existing conditions, as well as,, the preparation of construct/on plans including necessary engineering for permitting and bidding purposes. K/tchen design, civ/1 engineering, landscape and irrigation design are not included. III. .BUDGET Phases I This phase of service is to be provided on an hourly basis at the rates outlirted in the attached schedule up to five thousand five hundred ($5,500.00) dollars. Phases II and III These phases of service will be provided for a lump sum fee of twelve thousand dollars. (s12,ooo oo) Phases IV and V These phases of service will be provided on an hourly basis at the rates outlined in the attached schedule up to four thousand dollars. ($4,000.00) Assume three month construction period. REIMBURSABLE ,EXPENSES - not to exceed five hundred ($500.00) dollars without prior written authorization, IV COMPLETION DATE Completion of Phases I-III w/thin 60 days of acceptance by the City This service authorization is approved contingent upon the City's acceptance of and satisfaction with the completion of the services rendered in the previous phase or as encompassed by the previous service authorization. If the City in Its sole discretion is unsatisfied with the serv/ces provided ia the previous phase or service authorization, the City may terminate the contract without incurring any further liability. The CONSULTANT may not commence work oa any service authorization approved by the City to be included as part of the contract without a further notice to proceed. Approved by, CITY OF DELRAY BEACH: David Miller & Associates, P A. Date Date David R_ Miller, President STATE OF FLORIDA COUNTY OF PALM BEACH. The following instrument was acknowledged before me this. day of~., 2001 by_David R. Miller of David Miller & Associates, P.A a Florida Corporation, on behalf of the corporation. He is personally known to me and did not take an oath. Signature of Person Taking Acknowledgment Signature of Acknowledger (typed,printed,or stamped) Agenda Item No. ~ ~)- Request to be placed on: AGENDA REQUEST Date: August 14, 2001 X Regular Agenda Special Agenda Workshop Agenda When: August 21,2001 Description of item (who, what, where, how much): Attached for Commission approval is a Service Authorization for consulting services in developing construction documents for the construcbon of improvements to the new Youth Teen Council Building, formerly the Women's Club The improvements include renovations to the restroom and kitchen areas, installation of new electrical service and mechanical systems, and the addition of approximately 200 s.f. to the ex~st~ng 3,300 s.f. building. Estimated budgeted construction cost is $222,000 00 This Service Authorization #24 is to David Miller and Associates, P.A., for a total of $22,000.00 for providing services including preliminary design, cost estimates, final design, contract documents, construction administration and reimbursables. ORDINANCE/RESOLUTION REQUIRED. Not required. Recommendation: Staff recommends the City Commission approve Service Authorization #24 to David Miller & Associates, P.A., j~the amount of $22,000.0~;l..~ Department head signature://v/! (~ ~'~ ~_~.~C,~/~/ ~--I~'-~1 Determination of Consistency with Comprehensive Plan: City Attorney Review/Recommendation if applicable): Budget Director Review (re,,~d on all items involving expenditure of funds): Funding available:~O Funding altematives~if applicable): Account No. & Description 334-6111-572-62.09; Gan Constr Fund/Youth Teen Council Account Balance"ro?,~ o?. 000,~--~"~ ~--~'/~~" City Manager Review: ~ ,~ A ' ' ApprovedHold Until:f°r agenda: ~.~/NO Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved s:~...~2000-042'~,gnd Req 08.21 01 SA#24-DMA.doc CITY DF DELRRY BEACH DELRAY BEACH AII-AmedcaCity lOO N.W 1st AVENUE 1993 TO: FROM: David T. Harden City Manager ARobert A. Barcinski ssistant City Manager DELRAY BEACH, FLORIDA 33444 DATE: August 14, 2001 SUBJECT: AGENDA ITEM CITY COMMISSION MEETING AUGUST 21, 2001 SPECIAL EVENT APPROVAL - 7TM ANNUAL DELRAY BEACH STREET CRAFT FESTIVAL ACTION City Commission is requested to endorse thc 7th Annual Delray Beach Street Craft Festival to be held on September 22nd and 23rd from 10:00 a.m. - 5:00 p.m., to grant a temporary use permit per LDR Section 2.3.6 (H) for the use of NE/SE 4th Avenue, one block north/south of Atlantic Avenue, and the Hand's parking lot for vendor parking and to authorize staff support for police security. BA CKGR 0 UND Attached is a request from Howard Alan Events, Ltd. for this event. Part of the proceeds will be shared with the Joint Venture ($2,000). The City is requested to provide police security for this event. The event sponsor will provide vendor approval, site clean up, port-o-lets, and barricading. Barricades will be left on Friday and set up by the sponsor. No overtime is anticipated for barricading. The estimate for Police overtime is approximately $1,550.00. This is not a new event. RECOMMENDATION Staff recommends endorsement of the event, approval of the temporary use permit, and approval of staff support for police security with the sponsor paying all police overtime costs, contingent on the sponsor providing liability insurance and a hold harmless agreement. RAB/tas 561/243-7000 Ftle:u. sweeney/event Doc:howard alan 7thh annual Pnnted on Recycled Paper THE EFFORT ALWAYS MATTERS Sent By: HOWARD ALAN EVENTS; 9544723891; Aug-B-01 1~:17~ Page 1/2 August 6, 2001 Mr. Robert Barcinski Assistant City Manager City of Delray 100 NW 1't Avenue De. lray Bea~, FL 33444 Dear Mr. Barcinski: We are planning for the 7"' Annual D,elray Craft Festival, to be held September 22 - 23, 2001, on NE and SE 4~ Avenue from NE 1~t Street to SE '1"t Street. Atlantic Avenue and bypasses will remain open. Please be advised that the following logistics for the 7~h Annual Delray Craft Festival will be arranged: Street Closure= Bob's Barricades will drop off barricades on Friday, September 21, 2001, and our employees will set them up eady Saturday morning, Polic~: Lynn Parker at the Delray Police Department will arrange for Polite and Security from 10:00 am - 5:00 pm on Saturday and Sunday, and overnight Saturday from 6:00 pm - 6:00 am. Port-O.Lets and Dumpster: 3 regular and 1 handicap portolet have been ordered through Anderson Rentals and will be dropped off on Friday, September 21, 2001 and will be picked up on Monday, September 24, 2001, with servicing on Sunday, September 23, 2001. They will be placed next to the Library. A 20-yard rolloff dumpster is ordered from BFI and will be dropped off on Fdday and picked up on Monday as well. Trash .Receptacles; Trash re=epta.cles will be supplied and maintained by' our professional clean-up crew, Profest (Mitch). They~vill handle clean up of the trash throughout the area each day. Vendor Parking: Parking will be at Hand's Parking Lot. (North side next to NE 1~t Street) Insurance: City required certificates wilt be Issued. If you have an.y. questions, please feel free to call me at (g54) 472-3755. Sincerely,' .- /l~lowardAlan, Pre,ident C~[~C,T ~F_.{eC.e ~L Howard Alan Events, Ltd. q~95 V/, RRO~,'ARI'i BL¥I), * ['LAN'I'A'I'ION~ FI,()lJll)A WW~oart[esti,/aJ.cem Sent.By: HOWARD ALAN EVENTS; 9544723891; Aug-15-01 16:56; Page 2/4 American Craft Endeavors Show Expense Sheet City: DELRAY PROPOSED BUDGET SEPTEMBER 2001 EXPENSES Advertising: Boca Raton News Palm Beach Post South Florida Newspaper Sun Senhnel Expense Expense Expense Expanse Adve~lsingSubTotal $700.00 $%500,0O $3S0.00 $1,S00.00 Permit Sanitation Sanitation Sanitation Ban'icades Security Rentals Palm Beach County Health Waste Management Waste Management Pro Fast Advanced Barricades City Of Delray Beach Pro Fast Graphics for advertising Payroll Helayne Stillings & Staff Lodgings an~l meals, travel Donation Delray Jolnl Venture One Mdhon Dollar liability fnsurance policy Administrative Overhead, telephone, mailings,arc Expense Expense Expense Expense Expense Expense Expense Expense Expense Expense Expense Expense Expense Service SubTotal $28.~0 $270.04 $746,36 $3~.~ S126.00 S9S0.oo St14.7o STS.OO S1,677.8o $400.oo sa,ooo.oo s,428.oo $1,1oo.oo se2eT.oo Total Expenses $12317.90 Sent. By: HOWARD ALAN EVENTS; 9544723891; Aug-15-01 16:56; Page 3/4 American Craft Endeavors Show Expense Sheet Event DRA¥90O Date: 09-Sep-00 City: DELRAY THE 6TH ANNUAl, DELRAY CRA~'F FEST To 10-$ep-00 INCOME Number of Arbsts Number of Food Vendora 110 Artist Fee $117.00 3 Vendor Fee $349.80 Artist Revenue Food Vendor Revenue $13,264.~B $2,899.60 Total Revenue $16,153.98 EXPENSES Advertising: Boca Raton News Palm Beach Post South Florida Newspaper Sun Sentinel Expense $708.50 Expense $1,$S1.12 Expense $32s.e0 Expense $1,544,90 Advertising SubTotal $4130.42 Services .' Permit Palm Beach County Health Sanitation Waste Management Sanitation Waste Management Sanitation Pro Fast Barricades Boa's Barricades Security City Of Delray Beach Ren~ls Pro Fast Graphics for advertising $ignage Comply directionals (30) Payroll Helayne Stillings & Staff Lodgings and meals, travel Expense $25.00 Expense $279.04 Expense $748 Expense $370.00 Expense $212.00 Expense $1,059.06 Expense $114.?0 Expense Expense $600.00 Expense $t,$77.80 Expense $400.00 Sent~By: HOWARD ALAN EVENTS; 9544723891; Aug-15-01 16:56; Page 4/4 Rental Property Delmy Beach Joint One Million Dollar liability insurance policy Administrative Overhead, telephone, mailings, etc Expense $2,000.00 Expense $426.00 Expense $1,100.00 Service SubTotal $~0~.98 Total Expenses $I,1223.40 Show Profit $2930.58 [lTV OF I)ELRI:I¥ BEI:I[H DELRAY BEACH 100 N.W. 1st AVENUE 1993 TO: David T. Harden City Manager FROM: Robert A. Barcinski Assistant City Manager DELRAY BEACH, FLORIDA 33444 561/243-7000 DATE: August 15, 2001 SUBJECT: AGENDA ITEM CITY COMMISSION MEETING AUGUST 21, 2001 SPECIAL EVENT APPROVAL - SKATE THE SUNSHINE STATE ACTION City Commission is requested to endorse an event called Skate the Sunshine State which will pass through Delray Beach on Saturday, November 17, 2001 to grant a temporary use permit per LDR's Section 2.4.6(H) for the use of Anchor Park as a pit stop area, and to approve staff assistance for escorting the skaters through town and trash pick up. BA CKGR 0 UND This event begins November l0th in Daytona Beach and will pass through Delray Beach on November 17th on the way to Fort Lauderdale. A detailed event profile is attached. The event manager Style Ventures, Inc. is asking for use of Anchor Park as a pit stop and is requesting City assistance for trash pick up and police escort. We assisted in this event last year and no overtime is needed. RECOMMENDATION Staff recommends approval of the temporary use permit and staff assistance for escort assistance and trash removal contingent upon the receipt of a hold harmless agreement and certificate of insurance. RAB/tas File:u:sweeney/agenda Doc:skate the sunshine state 2001 THE EFFORT ALWAYS MATTERS Sen{ ~y: Style Ventures~ Znc.; 3054448418; Feb-lC-01 10:55; Page 1 February 16, 2001 RECEIVED FEB ! 6 2001 CITY MANAGER Tmccy 5we~ey City of Delray Beach I00 NW 1= Ave. Del~y Beach, FL 33444 Dear Ms, Sweeney: Style Vmtures, Inc. is proud to announcx the "Florida Skate 400K" inline skating event scheduled to take place in Nov-~ml~r of 200 I. Our plan includes assuring that each participant has a memorable experience and that a considerable amount of money is raised for our selected oharity - the Vanderbilt Univmsity, T¢tmessee, Shy I)rag~ Research Fund, Attac~ please fred a copy of our event pro~e, a detailed route description and other pertJn~t information. Kindly forward a copy to the Chief of Police. Please inform me ifa permit is required for tho transfer through your city, It would be greatly appreciated if you could provide us with a written respor~e ~ting wh~ther or not a permit is required. Sincerely, Andreas Bahls Operaions Manager Style Ventures, Inc. 1109 Ponce de Leon Bird, * Coral Gable~, FL 33134 'lei,: {,305) 444-8428 * Fax: (305) 444-8418 E-mai}: mf~travelwithstyle.com * www. travelwMlstyle.com gent ~y: Style Ventures, Inc.; 3054448418; Aug-6-01 15:22; Page 1 TRAVEL To' Attn, From: Date. Re' RECEIVED ~llfl 0 6 2001 C~TY M~I~AGER City of Delray Beach Ms. 'rracey Sweency Andreas Bahls August 6, 2001 Propo.,md Budget for "Florida Skate 400K" Dear Ms Sweeney Per your request, attached please find a rough draft of our proposed budget for the "Florida Skate 400K" reline skating event. Please feel free to contact me it' you have questions or require additional information Best relgar~d s, ., Andr~.s Bahl$ Operations Manager Sty& Venttwtr~ lll~ Ponce tit Leon Bhn~ Coral Gable& l'~l~rid~ $$1J4 Td:O0$) 444-t42S Faz:O#$) 444-~1t SOle YenUwts, In; is registertd .~tk ~e Store of Florida tu · Stller of Trinet Seiltr of Travel Na 21~i 7 Sent ~y: Style Ventunes, Inc.; 305444fl418; Aug-6-01 15:22; Page 2/2 Proposed Budget for "FSK 400K" Estimated J~¢p.g ln~0m¢ Participation Fees: 100 x $695.00 per person for complete package 100 x $ 50 00 per person for one day skaters $69,~i00.00 $ 5,000.O0 Sponsors. Space Coast Tourism Office Dinner contributions by participants $ 5,00000 $ 9,000 00 Total Income: E~.timated Evgn! Expenaes Hotel accommodations for 8 nights Bus transportation Florida Highway Patrol (escorting the event) Paramedic Breakfast Lunches Dinners Advertising Staff Additional hotel rooms for camera teams Event permits Water breaks Radio rental Event T-shirts Miscellaneous expenses Shy Dragcr Research Fund Donation $33,600.00 $ 4,000.00 $ 4,000 O0 $ 2,000_00 $ 3,000.00 $ 3,60000 $ 7,200_00 $ 5,000.00 $ 4,0O000 $ 1,680_00 $ 500_00 $ 1,50000 $1,000.00 $ 2,5OO.00 $ 3,000.00 $ 4,000.00 Total Expenaes: $ 80,580.00 Total Estimated Profit: $ 7,920.00 Organized by: SWIc Ventures, Inc- 109 Ponce tlc I.c~,t~ Dlvd. * Coral Gables, FL 3_3134 Tel.: (305) 444-8428 * l'ax: 005) 444-8'118 E-mini: mf(~_~,~avelwithstyle.com * www_travclwithstyle.com Sent By: Style Ventures~ [nc.; 3054448418; Feb-16-01 10:57; Page 5/5 "FL,O,,,RIDA SKAT,,,E 4ooi(" Roma rn~cr~lon From Daytona Beach to Ft. Lauderdale- November 10-18, 2001 Palm Beach to Fa Lauderdale Day _7_, Saturday, N.oy.~m _l~e_~.17 10:00 10:30 12:00 03:30 O4:OO 05:00 Official mn at the Clematis St. Flagler Dr. SOUTH to Gtemwood Dr, 02.5 Oteenwoed Dr. EAST to Fia~Jer Dr. 02.0 Flagler Dr. SOUTH to Gregory Rd. Gregory Rd. WEST to USI (Olive Ave.) 06.2 US-1 (Olive Ave.) SOUTH to East Ocean Ave. 11.1 O~an Ave. EAST ~ Bicemtmnial Park/Town Park 11.3 Water break at Bicmtennial Park East Ocean Ave. WEST to USI US1 $OUTHto George Bush Blvd, Oeorgo Bush Blvd. EAST to A I A Ocean Bird, AIA Ocean Blvd. SOUTH to Anchor Park Lanch break at Anchor Park A1A Ocean Blvd. SOUTH to NE 2" St. (Deerfld.) NE 2~l St, WEST to 21a Ave. 21' Ave, (AIA) SOUTH to NE 14'" St. (844) 14' St. (S44) WESTto AlsdoffPark Water break at AlsdoffPark ]4'*' St. EAST to AIA Ocean Blvd, AIA Ocean Blvd. SOUTH to ArrK. al h~ Pt. Lauderdale 11.3 19.4 20.1 23.2 23.2 36.9 38,2 37,5 45.6 Grand telal 37 2 267.8 milm t~ae~ed by: SOle Fentttre~. Inc.. ! 109 Ponce de l~on ~ * Coral Crable~; i,?ortda 33134 TeL: 305.444.8428 * lcm~: $0S-444-8418 Sent BY: Style Ventures~ Inc.; 3054448418; Feb-16-01 10:56; Page 2 "Florida Skate 40OK" Event Profile "FknSda Skat© 4OOK" is a friendly non~ g-day qxu~g event that takes a group of inline skating adhusiasts ~a a 430 kilometer (267 mil~) mdurance chailmge oa public roads and highways along Ftorida's east coast from Dayt~aa I~ach to Ft. Laudsrdale. T~ followin~ profd~ provid~ d~ailed info~ rq~rdin$ this event, Tour itinerary and dates Date Departure Arrival Nightly Theme Miles No~m~r 11 No~ 14 F~y ~. ~ " ~ ~ o~ ~i~ 47.~ N~r 17 * Ra~ ~ay Ol,~llz~l ~, .qryle' Ventures, Inc. 1109 Ponce de Leon Blvd. * Coral Gables, FI. 33134 Tel,: (..305) 444-8428 ' F:tx: C305'~ ~-mail: mf@travelw~thstyle.com ' w~'.travelwithstyle.cona ' Sen~ By: Style Ventures~ Inc.; 3054448418; Feb-16-01 10:56; Pags 3/5 Why do we make it happen? We provide inline skati~ enthusiasts with the oppormait7 to skate ke& distan0os on public roads and hishways m a safe envircemmt and at the same time raise nxmey for a liood cause (a pordan of the proceeda will be donated to charity). How do we make it happen? Wc obtain all necessary permits to utilize public roads, highways, parks and other facilities from The "Florida Skate 400k" event is escorted by police units, ambulmces, mobile skate service statioas, iugsage tru~ks, and buses for skaters that might need rest. Along the way, occasional short mops am made to ease the flow of traffic. Who are the participants? An expected group of approximately 200 inllne skate~s from ~0 United States and other countries will participate in this endurance challm~. Thoir ag~ range from iS to 70, ~ an intermediate to advanced skill leveb. SLr~e...rs will join the event by booking ~ or seven-day Daily Schedule Each skatlns day will besin at 9:00 tm and inolude t~r skating segments of approximately I to ! %hours. ~ will be abort breal~,~ for refreshaamts af~rtho fire and third scgment. Lunch will take place at~r tho seoxtd ~!~nent. The 8roup will reach ihe evening destinations betwem 4 and 6 p.m. Following, nightly meenainmmt will be provided. Aeeommodations Accommodations will be provided for ali participants in local hotols. OrsanLzed by~ $171c Ve. nmres, In('. 110.9 Ponce de Leon Blvd. ' C<~ral (]ables, FL 351.44 '1'~].: (305.) 444-8428 ' Fax; (:fO.'3') 444-8418 E-mail: rnt'~i'ravclwithswl¢.com * www.wavelwid~wle.com Ventures: [nc.; 3054448418; Feb-16-01 10:56; Page 4/5 Promoting "Florida Skate 400K~ The followin~ is a [bt of promotional avtivitim through which we will introcluc~ and advertise "Florida Skate · We witl work in c~njunctimi w~th local C&VB's (C~ventlo~ and Visitors Bureata) as well as with VISIT FLORIDA, ami benefit from the many retource~ these otgnni~t~s can provide · We will notify ali inline ~i~g clubs, associations and skafi~ and fitm~ magazines in the United States in onfer to reach their membcrs and subscn'bers. These publications ere sources that ialine skaters depend mi to team about upcoming events, · "Florida Skate 40OK" advertising materials will be created and distributed thro*l~OUt Florida cities, inline sk~aiig shops, clubs and events. · Infommtion about "Florida Skate 40Ok' will be available mi the interact at its own wubsite. · Local radio, television and newspapers will in~;~:~ the public of the upcomin~ event and its Exposure "Florida Skate 400k' wdl be covered by national and intematioflal media, International travelers, who make up a large part of the tourist populatimi ia Ronda, will learn about destiuztions extra business will be gencrat~l for hotels, restaurants and others along the aa.stem Event sponsors will have the ~ppommity to showcaM their products locally and internatia~ally. Additionally, "Florida Skate 400k" will ~infc~-ce Florida's existin~ ~ as a warm and welcoming vacation destination. Who is organizing the event? Style Ventures, Inc. is a tour and destination management compnny that was ~unded in 1994 by Mark A. Furman. This Miami based travel company offers a vari~ of services including Style Ventures, Inc. is weft known ~x' its reliability and excellence within the travel field and receives a remadmblc mtmber oFpersonal recontmeadatMns ~ die ~pmfies and individuals been the key to its growth and continuing success. Style Vemures, lnc, 109 Ponce de Leon Blvd. * Coral Gables, FL 33134 Tel.: (~)5) 444-8428 * Fax: (305) 444-8'i18 F.-mai[.. mf@travelwithstyl¢.com * wv,~'.travelwitl~style.com ADMINISTRA TII/'E SER I/ICES MEMORANDUM TO: FROM: DATE: SUBJECT: David T. Harden, City Manager obert A. Barcinski, Assistant City Manager August 17, 2001 Agenda Item City Commission Meeting August 21, 2001 Special Event Request "Columbus Day Italian Fiesta" Action: City Commission is requested to endorse the 2nd Annual "Columbus Day Italian Fiesta" sponsored by the Order Sons of Italy in America Lodge #2719 to be held on October 13, 2001 from 12PM until 10PM, at Veterans Park to grant a temporary use permit per LDR's Section 2.3.6(H) for the use of the park, and to approve staff support for traffic control and security, and trash cleanup. Background: Attached is a request for this event submitted by Mr. William Fuocco and Mr. Edward Mottola Co-chairs for this event. The event is being supported by the Joint Venture as part of the Heritage month celebrations. The event sponsors are requesting support for the event, and staff assistance as outlined. The sponsor would need access to the Adult Center restrooms. The estimated overtime cost for staff support is approximately $1,000.00. This is not a new event; however, the event hours have been increased. Last year's overtime costs for this event were $483.24. The event sponsors are asking that overtime costs be waived. The event sponsors were required to pay all overtime costs last year; however Commission agreed to consider review of the overtime payment this year. Recommendation: Staff recommends considering approval of the event and providing staff assistance for traffic control and security and trash removal and clean up assistance. Recommend approval be contingent on receipt of required certificate of insurance, and hold harmless agreement and the event sponsor paying 50% all overtime. RAB:tas File:u:sweeney/events Doc:Columbus Day Celebration 2001 William G. Fuoco Edward Mottola, Jr. March 28, 2001 Mr. Robert A. Barcinski Assistant City Manager City of Delray Beach 100 N.W. Ist Avenue Delray Beach, Fl. 33444 AGENDA ITEM--FOR CITY COMMISSION MEETING SPECIAL EVENT REQUEST Dear Mr. Barcinski: The following request is submitted from the Columbus Day Italian Festa Committee, working in conjunction with the Joint Venture for the City Commission to endorse this special event which will be held on Saturday October 13, 2001, from 10:00am to 10:00pm with a rain date of Sunday, October 14, 2001 at Veteran's Park, Atlantic Avenue, Delray Beach, Florida. We are requesting that the City of Delray Beach make the following available: A City staff for cleanup and trash removal, as well as, police security for this event. We further request the City support of this event with no charge to the Committee, as this is crucial to the success of this event. Your consideration and cooperation for this event is very much appreciated. Sincerely, ~n Edward Mottola, Jr., Co-Chairman 300 South Ocean Blvd.. Delray Beach. Florida 561-278-9936 Fax: 561-883-0199 Augus! 16, 2001 Mr. Robert A Assistant L?itY'Mauager City of Ddcay Beach · 100 N.W. Delary B .e~ch~ R. 33444 Perry DonFrancisco William Fuoco Edward Mottola Jr. We are supplying you the follow~vg Information .~ per a request-from. Ibc' ofDelray k~ea~h. The tirst An,ual Columbus D~ty Italian Fest~ on Octot~ 12,..2000 at Yeteran:s' Park in Delray'Be~ch prodUCed a~ in'come.of $4,825.00.. 'Exj~enses to host the event amounted to $4,471.12, fora net in~ome or $353.88. The proje~f/,ed,budget f~r.tl~e ~ccoud Annual. Columbus Day Italian F~ta to'be held on ~tob~r 13, 2~1 is.$5;500.00, The'ln~ase Iff the b~0get.ror, 200{ a~dbuted to the fact that the F~ta will be h~d from 12:~. n~on~'th~ugh 10:00pen, Wki~b is five more llOU~ Ot'operatto~ than we had in the year We would also like to inform you at thb time, that on Mar,:h 28,.2.001, our Committee,. sent your oh,ce the :attached paperwork. Should y0.ur'offtce have any further nnOuiries, do not hesJfltte to contact out'Festa c0-chalrpers0ns. ¥Oofl Iruly, Edward'Mottola. Jr. Italian Americans Celebrating Our Heritage and Building a Better To mo rrof, o 300 Sou~h Ocean Blvd., Delray Beach, Florida ~61-27~-99~6 f,~x: DELRAY ,llll., ,EoA..c 1993 2001 MEMORANDUM TO: FROM: SUBJECT: MAYOR AND CITY COMMISSIONERS CITY MANAGER ~ AGENDA ITEM # ~. fl/t. - REGULAR MEETING OF AUGUST 21, 2001 REVIEW OF APPEAl.ABLE LAND DEVELOPMENT BOARD ACTIONS DATE: AUGUST 17, 2001 Attached is the Report of Appealable Land Use Items for the period August 6, 2001 through August 17, 2001. It informs the Commission of the various land use acuons taken by the desxgnated boards that may be appealed by the City Commissmn. Recommend review of the appealable actions for the period stated. Receive and file the report as appropriate. Ref~pagmemo/Appealables/08.21.01 SUBJECT:/MEETING OF AUGUST 21, 2001 *CONSENT AGENDA* REPORT OF APPEALABLE LAND USE ITEMS AUGUST 6, 2001 THRU AUGUST 17, 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 August 6, 2001 through August 17, 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. Tabled (5 to 0, Perez-Azua and DeCapito absent), a request for a fiat wall sign for Bru's Room Sports Grill, located within the Ocean City Lumber complex on the east side of Pineapple Grove Way (NE 2nd Avenue), approximately 150 north of Atlantic Avenue (35 Pineapple Grove Way). Concurrently, the Board approved a request to add a canvas awning over the northeast entrance of the establishment. Approved (5 to 0), a request for a color change for Cathy Cross for Women an existing commercial business, located on the west side of NE 5th Avenue (southbound Federal Highway), north of Atlantic Avenue (6 NE 5th Avenue). City Commission Documentation Appealable Items Meeting of August 21, 2001 Page 2 C. Approved with conditions (5 to 0), the architectural elevation plan associated with the installation of a donation center for Goodwill within the Wal-Mart Center, located on the west side of Military Trail, south of Linton Boulevard (16205 Military Trail). The Board approved the request with the condition that the donation center be located adjacent to the garden center. D. Approved (4 to 0, Eliopoulos stepped down), the architectural elevation plan associated with the renovation of the exterior of the Spanish River Resort, located at the northeast corner of Atlantic Avenue and the Seabreeze Avenue. E. Approved with conditions (5 to 0), a Class III site plan, landscape plan and architectural elevation plan associated with the construction of a 125' monopole telecommunication tower and associated equipment area at the BFI site, located on the east side of SVV 4th Avenue, approximately 800 feet north of Linton Boulevard (1475 SW 4th Avenue). F. Approved with conditions (4 to 0), a Class IV site plan, landscape plan and architectural elevation plan for the Estuary II, a proposed 22 unit townhouse addition to the existing Estuary development, located on Royal Palm Boulevard, east of Federal Highway. Concurrently the Board granted a waiver reducing the pavement from 24' to 22' and reducing the width of the interior sidewalk from 5 ' to G. Approved with conditions (5 to 0), a Class V site plan, landscape plan and architectural elevation plan associated with the demolition of the Bermuda Inn hotel and construction of a new 70-room hotel, Hotel Vista Del Mar, located on the west side of South Ocean Boulevard, approximately 300 feet south of East Atlantic Avenue. Concurrently, the Board granted the following waivers: Reduced the required stacking distance for the Salina Avenue entrance from 20' to 14'. Reduced the visibility triangle at the Salina Avenue driveway entrance from 20' to 10' and at the Ocean Boulevard driveway from 20' to 8'. Eliminated the required sidewalk along Salina Avenue. H. Approved with conditions (5 to 0), a Class V site plan, landscape plan and architectural elevation plan for Mil-Atlantic, a proposed 230 unit (310 bed) assisted living facility/independent living facility, located on the west side of Military Trail, approximately 650 feet south of West Atlantic Avenue. No other appealbale items were considered by the Board. The following item which was considered by the Board will be forwarded to the City Commission for action. Recommended approval (3 to 1, Sneiderman stepped down and Branning dissenting), of a waiver to the sign code to exceed the number of signs by allowing two flat wall signs on the north and south elevation for ABC Carpet, located on the east side of Congress Avenue, south of West Atlantic Avenue (777 South Congress Avenue). City Commission Documentation Appealable Items Meeting of August 21, 2001 Page 3 Approved (7 to 0), the preconstruction application for ad valorem tax relief for the Patrick Lynch Residence located at 226 S. Ocean Boulevard (northwest corner of South Ocean Boulevard and Nassau Street). Approved (7 to 0), a request for a Certificate of Appropriateness associated with the replacement of a previously approved door and light pole for a contributing apartment building located at 120 NE 1st Avenue (west side of NE 1st Avenue, north of NE 1st Street). Approved (7 to 0), a request for a Certificate of Appropriateness for a new wall sign and re-lettering of an existing freestanding sign for an existing office building located at 201 NE 1St Avenue (northeast corner of NE 1st Avenue and NE 2nd Street). Tabled ( 7 to 0), a request for a Certificate of Appropriateness associated with a replacement of the original wood windows with aluminum/impact resistant glass windows on the north and south elevations for the First Church of Christ Scientist located at the southwest corner of SE 7th Avenue and SE 2nd Street (200 SE 7th Avenue). Approved (7 to 0), a request for a Certificate of Appropriateness to allow the demolition of an existing garage associated with the conversion of a contributing single family residence to a bakery at 20 South Swinton Avenue (west side of South Swinton Avenue, south of West Atlantic Avenue). Approved with conditions (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 located at 21 SW Ist Avenue (east side of SW 1st Avenue, south of Atlantic Avenue). Concurrently, the Board granted a waiver to allow parking in the front yard. Approved (7 to 0), a request for a Certificate of Appropriateness to allow the demolition of a non-contributing residence and construction of a new single family th th rd residence at 319 SE 7 Avenue (east side of SE 7 Avenue, south of SE 3 Street). Approved with conditions (7 to 0), a Class V site plan and a Certificate of Appropriateness associated with the construction of the Atlantic Grove mixed- use redevelopment project, located on the north side of West Atlantic Avenue rd th between NW 3 Avenue and NW 5 Avenue. Concurrently, the Board approved several waivers, namely, - Reduced the required stacking distance for the NW 5th Avenue entrance to the west parking lot from 50' to 20'. - Reduce the required stacking distance for the NVV 4th Avenue entrance to the west parking lot from 50' to 9'. City Commission Documentation Appealable Items Meeting of August 21, 2001 Page 4 Reduced the required stacking distance for the NW 4th Avenue entrances to the east parking lot from 50' to 5'. Reduced the required stacking distance for the NW 3rd Avenue entrance to the east parking lot from 50' to 15'. Reduced the required stacking distance for the NW 4th Avenue entrance to the rear parking lot from 20' to 10'. The Board tabled the landscape plan and architectural elevation plan to allow the applicant to provide additional architectural details and additional materials to the landscape plan. 9. Approved (6 to 0, Keller abstaining), a request for a Certificate of Appropriateness to allow the construction of a new swimming pool above an existing garage, located at 200 NE 5th Street (south side of NE 5th Street, east of Seacrest Boulevard). 10.Approved (7 to 0), a request to reconsider a condition of approval relating to the tree species to be provided along NE 3rd Avenue perimeter for Pineapple Grove Professional Office Building (located on the east side of NE 3rd Avenue, north of NE 4th Street). Other Items Recommended to the Planning and Zoning Board denial (7 to 0), of an amendment to the Transitional Land Use description of the City's Comprehensive Plan to allow a density increase of up to 20-units per acre for certain properties and an amendment to the Land Development Regulations to allow a density of 20 units per acre in the RO (Residential Office) for properties located adjacent to the CBD (Central Business District) and CBD-RC (Central Business District - Railroad Corridor). No Regular meeting of the Board was held during this period. By motion, receive and file this report. Attachment: · Location Map CITY OF DELRAY BEACH, FLORIDA - City Commission Meeting- AUGUST 21, 2001 r"] i _r~ LAKE IDA ROAD ,- ...... ! r ...... ,- .... ~.-'J I ~_ ....... ...r ..... -!. ~- .... ! L ...... .i AVF. NUE .r'-! ' 1. ..... LINTON BOULEVARD i_ ! · i_ ..... _1 L.31 CANAL N.W, 2ND ST. S.W. ~lO ST LINTON C-f~ CAI~4L S.P.R.A.B: A. BRU'S ROOM SPORTS GRILL B, CA THY CROSS FOR WOMEN C. GOODWILL AT WALMART CENTER D. SPANISH RIVER RESORT E. BFI TOWER F. THE ESTUARY II G. HOTEL VISTA DEL-MAR H. MIL.ATLANTIC H.P,B.: 1. THE PA TRICK LYNCH RESIDENCE 2. 120N, E. fSTAVENUE 3, 20f N.E. fSTAVENUE 4. FIRST CHURCH OF CHRIST SCIENTIST 5. 20 S. SWINTON AVENUE 6. WHITE HOUSE (2f S.W. fST AVENUE) 7. 3'/9 S,E. 7TH AVENUE 8, ATLANTIC GROVE 9, 200 N,E. 5TH ST. '~0. PINEAPPLE GROVE PROFESSIONAL BUILDING ONE MILE GRAPHIC SCALE CITY OF DELRAY BEACH, FL PLANNING & ZONING DEPARTMENT 2001 · · D~FrAL BASE MAP SYSTEM.. MEMORANDUM TO: FROM: SUBJECT: DATE: MAYOR AND CITY COMMISSIONERS CITY MANAGER~ AGENDA ITEM o.a- . REGULAR MEETING OF AUGUST 21, 2001 AWARD OF BIDS AND CONTRACTS AUGUST 17, 2001 This is before the City Commission to approve the award of the following bids and contracts: Contract renewal for one year to Commercial Chemical for the purchase of Sodium Hypochlorite at an estimated annual cost of $20,240.00 for the Water Treatment Plant. Funding is available from 441-5122-536-52.21 (W&S/Chemicals). Housing Rehabilitation grant awards through Community Development Division Housing Rehabilitation Grant in the amount of $19,026.00 to South Florida Construction for 1412 SW 4th Street, $21,078.75 to Hatcher Construction for 44 NW 8th Avenue, and $20,265.00 to South Florida Construction for 133 SW 8th Avenue. Funding in the total amount of $60,369.75 is available from 118-1924-554-49.19 (SHIP Rehab Program). Recommend approval of the bxds and contract awards listed above. Ref'B~d. Agrnemo.08.21.01 AGENDA ITEM NUMBER: AGENDA REQUEST Request to be placed on: August 21, 2001 Date: August 16, 2001 XX Consent Agenda __ Special Agenda __ Workshop Agenda Description of agenda item: Contract renewal with Commercial Chemical for the purchase of Sodium Hypochlorite at an estimated annual cost of $20,240. ORDINANCE/RESOLUTION REQUIRED: YES Draft Attached' YES NO NO Recommendation: Award to Commercial Chemical for the purchase of Sodium Hypochlorite at an estimated annual cost of $20,240 for the Water Treatment Plant. Funding from account code 441-5122-536-52 21. Department Head 'g e: /.J ~.~-_ Determination of Consistency wi prehensive Plan: City Attorney Review/Recommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): Funding available: Funding alternatives. Account Number: Account Description: Account Balance: City Manager Review: Approved for agenda' No Hold Until: (if applicable) Agenda Coordinator Review: Received: Action: Approved Disapproved MEMORANDUM TO: FROM: THROUGH: David T. Harden, City Manager Jacklyn Rooney, Purchasing Supervisor(~ Joseph Safford, Finance Director DATE: August 16, 2001 SUBJECT: DOCUMENTATION - CITY COMMISSION MEETING AUGUST 21, 2001 - PURCHASE AWARD FURNISH AND DELIVERY OF SODIUM HYPOCHLORITE SOLE SOURCE PURCHASE Item Before Commission: City Commission is requested to approve the one year renewal with Commercial Chemical for the purchase of Sodium Hypochlorite bulk deliveries at an estimated annual cost of $20,240. Background: Commercial Chemical is our current vendor who supplies Sodium Hypochlorite to the Water Treatment Plant. They were awarded a contract in November of 1999, by City Commission, as they were the only vendor who could supply bulk deliveries to the City of Delray Beach in small trucks. This contract was renewed again in fiscal year 2000. The Deputy Director of Public Utilities recommends the one year renewal with Commercial Chemical for the purchase of Sodium Hypochlorite at an estimated annual usage of 23,000 gals. Please see attached memo dated August 02, 2001. Commercial Chemical has agreed to extend their current contract for another year at their current price of $.88 gal. per attached memo dated July 10, 2001. Recommendation: Staff recommends the one year renewal with Commercial Chemical for the purchase of bulk Sodium Hypochlorite at an estimated annual cost of $20,240. Funding from account code 441- 5122-536-52.21. Attachments: 2000 Commission Agenda Memo to Deputy Director Public Utilities Memo From Commercial Chemical MEMORANDUM THROUGH: Dan Beatty, Deputy Director Public Utilities Jackie Rooney, Purchasing Supervisor (~-- Joseph Sa~r~ance Director DATE: August 02, 2001 SUBJECT: Purchase of Sodium Hypochlorite The contract with Commercial Chemical for the purchase and delivery of sodium hypochlorite in small trucks expired on September 30, 2001. This contract was approved at the November 07, 2000 City Commission meeting. In 1999 the Water Treatment Plant recommended award to Commercial Chemical as they were the only vendor that would make deliveries to our sites in small trucks. The previous vendor had delivered bulk via a tractor trailer and they were are now not able to deliver because they could not turn the large tractor trailers and our space was limited because the City had added additional sites. I have contacted the vendor, Commercial Chemical, and they have agreed to extend their contract for another year with the expiration date of September 30, 2002, at the same cost of $.88 per gallon delivered. See attached letter dated July 10, 2001 from Commercial Chemical. Our estimated annual usage is 23,000 gal. at $.88/gal. for a total of $20,240. Funding from account code 441-5122-536-52.21. If you approve of this one~wal, please sign below and return to Purchasing and I will/~a~rd~City ~ge~or t~[ Commission agenda of August 21, 2001. Dan Be~ttt~, Deputy Directotr~ublic Utilities Drate ~ ' Attachments: Letter from Commercial Chemical 2000 Commission Award 10-0] 08;~OA Rand~ 19545389652 P.02 RANDY BOURBEAU 10599 NW 5_1 STREET SUNRISE. FLORIDA ]-800-F,58-76t~5 {954]538-9652 - COMMERCIAL CHEMICAL Jul~ I(L 2001 Dc'ir lackl~n Rooney We would bc pleased to renew our comnlcl with you for Ihe 2001 - 2002 year_ The cOnlract price would sla) the same a8 current at 88 ccnls per gallon This year wc ha~e added another truck Io your area and another chlonne refill slanon This way if any emcrgcnc3' occurs we can dispatch chlorine to ~ ou from either Iocatton I am ordering updaled insurance infomtafion to be scnl Io you and as always, please call me ff ~ou have quesbonb ot concerns. Thank you agmn_ Randy Bourb~tu, Ctty Manager. Commercqal Chemical AGENDA REQUEST Request to be placed on: __x Regular Agenda Special Agenda __ Workshop Agenda ~ Consent Agenda Date: When: Augustl6,2001 August 21, 2001 Description of item (who, what, where, how much): Case Number Address Contractor Grant Amount 99-039 HR 1412 SW 4th Street South Florida Construction $19,026.00 99-006 HR 44 NW 8th Avenue Hatcher Construction $21,078.75 99-045 HR 133 SW 8th Avenue South Florida Constructxon $20,265.00 ORDINANCE / RESOLUTION REQUIED: YES/NO Draft Attached: YES/NO Recommendation: Recommend approval of three State Housing Initiatives Partnership (SHIP) Housing Rehabilitation Grant and Contract Award from account # 118-1924-554- 49.19 in the amounts of $19,026.00, $21,078.75 and $20,265.00. include a 5% contingency. Department Head Signature'~-~ ~~ City Attorney Review/Recommendation (if aFlSlicable): These grant amounts Budget Director Review (required on all items involving expenditure of funds): Funding available: ~/NO ~ Funding Alternatives: (if appli~cable) Account No. & Description'.._ \\~)-"\q2-tl~$'Sq- qq,~°l $~'?- Account Balance: ~ [DZ,'/%'Z.TM3 City Manager Review: ~ Approved for agenda'./ffEg/NO ~ Hold Until: t_.,-' ~,// Agenda Coordinator Review: ~ Received: Placed on Agenda: Action: Approved/Disapproved City of Delray Beach Community Development Division MEMORANDUM TO: THRU: FROM: DATE: SUBJECT: David T. Harden, City Manager Lula Butler, Director of Community Improvement Kenneth L. Thomas, Community Development Administr~ July 16, 2001 Community Development Division's Housing Rehabilitation Grant Award for three (3) Units ITEM BEFORE CITY COMMISSION Approval ~s requested for three (3) Housing Rehabilitation grant awards to the lowest responsive bidder(s). This request is in accordance with the City's Commumty Development Division's approved Policies and Procedures. BACKGROUND The grant awards are based on the actual cost of the rehabilitation, as determined by the low responsive bidder, plus a 5% contingency. The contingency may be used for change orders and all unused funds will remain w~th the Housing Rehabditation grant program. Inspection of work is done by the Department of Community Improvement's Building Inspection and Community Development Dlwsion. Contracts are executed between the bmlding contractor and the property owner. The City remmns the agent and this office monitors all work performed by the contractor, ensuring compliance according to specifications and program guidelines. Pay request forms require both contractor and homeowner's signatures. Grant recipients have met all ehglb~lity requirements as spemfied in the approved Pohcies and Procedures. The rehabilitation activities will bring the homes to minimum code requirements by repairing the roof, electric and plumbing systems and correcting other incipient code violations. Detmled work write-ups and individual case files are available for review in the Community Development Division Office. The Community Development Division is responsible for ensuring that the housing rehabilitation contracts are awarded to the lowest responsible bidder, as a result of a formal bid process. Therefore, an m-house policy was created to limit awards to the lowest responsible bidder within 10% of the Division's professional in-house estimate. This serves to disqualify unreasonably low bids and therefore protect against the resulting change order requests. Th~s policy further assists the Division with its goal of completing each rehabilitation activity utilizing the estimated amount of funding required. RECOMMENDATION Staff recommends awarding the bids for three (3) Housing Rehabd~tatlon projects to the verified responsible low bidder(s) and authorizes awards in the following amounts: Case Number Address Contractor Grant Amount 99-039 HR 1412 SW 4th Street South Florida Construction $19,026.00 99-006 HR 44 NW 8th Avenue Hatcher Construction $21,078.75 99-045 HR 133 SW 8th Avenue South Florida Construction $20,265.00 CITY OF DELRAY BEACH COMMUNITY DEVELOPMENT DIVISION AFFORDABLE HOUSING REHABILITATION PROGRAM BID/QUOTATION INFORMATION SHEET BID/QUOTATION #: 2001-35SH APPLICANT: Pinkie Bell Thomas PROJECT ADDRESS: 1412 SW 4th Street DATE OF BID LETTERS: June 11, 2001 DATE OF BID OPENING: June 28, 2001 NAME OF CONTRACTORS ABISSET CORPORATION WILLIAM HATCHER CONSTRUCTION T. H. MOTTLEY CONSTRUCTION KONRADY CONSTRUCTION CO., INC. CRAFTSMAN PLUS, INC. DAKOTA CONSTRUCTION, INC. ABBA CONSTRUCTION, INC. HENRY HAYWOOD FRANK BOUMAN CONSTRUCTION MICHAEL SHUBERT CONSTRUCTION, INC. WRIGHT'S WAY ROOFING SOUTH FLORIDA CONSTRUCTION NAUTILUS CONTRACTING CO., INC. IN-HOUSE ESTIMATE CONTRACTOR AWARDED CONTRACT: AMOUNT OF BIDS $ 25~090.00 $ $ $ $ 25~325.00 $ $ $ $ $ $ $ 18,120.00 $ $ 12~163.00 South Florida Construction BID/CONTRACT AMOUNT: $18,120.00 bid/contract amount (+ 5% Contingency = $19,026) FUNDING SOURCE: SHIP Rehabilitation Program Account No. 118-1924-554-49.19 COMMENTS: CITY OF DELRAY BEACH COMMUNITY DEVELOPMENT DIVISION AFFORDABLE HOUSING REHABILITATION PROGRAM BID/QUOTATION INFORMATION SHEET BID/QUOTATION #: 2001-37 SH APPLICANT: Christine Wilson PROJECT ADDRESS: 44 NW 8th Avenue DATE OF BID LETTERS: July 11~ 2001 DATE OF BID OPENING: July 26~ 2001 NAME OF CONTRACTORS ABISSET CORPORATION WILLIAM HATCHER CONSTRUCTION T. H. MOTTLEY CONSTRUCTION KONRADY CONSTRUCTION CO., INC. CRAFTSMAN PLUS, INC. DAKOTA CONSTRUCTION, INC. ABBA CONSTRUCTION, INC. HENRY HAYXVOOD FRANK BOUMAN CONSTRUCTION MICHAEL SHUBERT CONSTRUCTION, INC. WRIGHT'S WAY ROOFING SOUTH FLORIDA CONSTRUCTION NAUTILUS CONTRACTING CO., INC. IN-HOUSE ESTIMATE CONTRACTOR AWARDED CONTRACT: BID/CONTRACT AMOUNT: AMOUNT OF BIDS $ $ 20~075.00 $ $ $ 20~460.00 $ $ $ $ $ $ $ $ $ 19,895.00 Hatcher Construction $20,075 bid/contract amount (+ 5% Contingency = $21,078.75) FUNDING SOURCE: SHIP Rehabilitation Program COMMENTS: Account No. 118-1924-554-49.19 CITY OF DELRAY BEACH COMMUNITY DEVELOPMENT DIVISION AFFORDABLE HOUSING REHABILITATION PROGRAM BID/QUOTATION INFORMATION SHEET BID/QUOTATION #: 2001-37 SH APPLICANT: Yetta Jones PROJECT ADDRESS: 133 SW 8th Avenue DATE OF BID LETTERS: July 11, 2001 DATE OF BID OPENING: Julv 26, 2001 NAME OF CONTRACTORS ABISSET CORPORATION WILLIAM HATCHER CONSTRUCTION T. H. MOTTLEY CONSTRUCTION KONRADY CONSTRUCTION CO., INC. CRAFTSMAN PLUS, INC. DAKOTA CONSTRUCTION, INC. ABBA CONSTRUCTION, INC. HENRY HAYWOOD FRANK BOUMAN CONSTRUCTION MICHAEL SHUBERT CONSTRUCTION, INC. WRIGHT'S WAY ROOFING SOUTH FLORIDA CONSTRUCTION NAUTILUS CONTRACTING CO., INC. IN-HOUSE ESTIMATE CONTRACTOR AWARDED CONTRACT: BID/CONTRACT AMOUNT: AMOUNT OF BIDS $ $ 21,370.00 $ $ $ $ $ $ $. $ $. $ 19,300.00 $ $ 15,047.00 South Florida Construction $19,300 bid/contract amount (+ 5% Contingency = $20,265.00) FUNDING SOURCE: COMMENTS: SHIP Rehabilitation Program Account No. 118-1924-554-49.19 [ITY OF DELRI:IY BEI:IgH DELRAY BEACH AJJ,,,AmedcBCJty 100 N.W. 1st AVENUE DELRAY BEACH, FLORIDA 33444 1993 TO: FROM: David T. Harden City Manager ~Robert A. Barcinski Assistant City Manager DATE: August 16, 2001 SUBJECT: Agenda Item City Commission Meeting August 21, 2001 Agreement for Lobbying Services 561/243-7000 ACTION City Commission is requested to approve an Agreement for Lobbying Services with Kathleen Daley and Associates, Inc. from October 1, 2001 to September 30, 2002 in the amount of $48,000. Funding is available in account number 001-1111-511-34.90. BACK G R 0 UND Attached is a proposed Agreement for Lobbying Services with Kathleen Daley and Associates, Inc. The amount of the agreement is the same as it has been the last several years. Services provided under this contract include providing the City lobbying assistance and representation with the Governor and Cabinet, local State Legislatures, County Commissioners and Federal officials. The lobbyist attends legislative committee meetings, regular legislative sessions, special sessions, as needed, and other meetings as required. She also interfaces with the Florida League of Cities assisting the City in coordinating its efforts with the League. In addition, the lobbyist will provide monthly reports when the legislative is not in session and every two weeks during the session. She will assist in developing the City's legislative platform and assist in identifying funding sources for projects. Ms. Daley has been the City lobbyist for 14 years. In the past, she has been instrumental in obtaining grant funding for Old School Square; ensuring that Beach Re-nourishment legislation and funding have benefited the City. Ms. Daley has assisted in defeating legislation detrimental to the CRA and helped rewrite state statutes affecting CRA's. She has drafted legislation to expand wastewater reuse options without jeopardizing funding, assisted in obtaining grant funding for the Sandoway House, assisted the City in working THE EFFORT ALWAYS MATTERS Recycled Paper with FPL to get turtle lights on A-l-A, and worked with the Municipal League on issues affecting cities. We have found in the past that it is beneficial to have a lobbyist based in Tallahassee, especially when committees and the legislature are in session. RECOMMENDATION Staff recommends approval of the Agreement for Lobbying Services with Kathleen Daley and Associates, Inc. in the amount of $48,000 from October 1, 2001 to September 30, 2002. Funding is available in account number 001-1111-511-34.90. RAB/tas File: u: sweeney/agenda Doc: daley 01-02 Kathleen E. Daley & Associates, Inc. Governmental Consultants 108 S. Monroe Street, Suae 200 · Tallahassee, Florida 32301 Phone. 850-224-5300 · Fax: 850-224-8287 · E-Marl: kdaley2000@aol.com AGREEMENT FOR LOBBYING SERVICES As Government Affairs Consultant/Lobbyist for the City of Delray Beach, I, Kathleen Daley, an equal partner of Kathleen Daley & Associates, Inc., a public relations/political consulting/governmental affairs firm, will continue to represent the interest of the City before the Governor and Cabinet, state agencies, and the Florida Legislature, which representation would include attendance at all necessary House and Senate committee meetings during each calendar year, necessary delegation meetings, as well as the regular session and any relevant special sessions of the Florida Legislature, and continue to monitor all legislation affecting municipalities on behalf of the City of Delray Beach. As Governmental Affairs Consultant/Lobbyist for the City of Delray Beach, and managing partner of the account, working in conjunction with the Delray Beach City Council, the Delray Beach City Manager, and other such staff persons within the City Administration as they are related to my duties on behalf of the City. I will make myself available to the above mentioned persons and offices on both regular and "as needed" basis for the meetings and discussions related to my duties on behalf of the City. In addition to all previous responsibilities Kathleen E. Daley & Associates will provide to the Commission, through the City Manager's office a monthly report during those months when the legislature is not in session. During the legislative session Kathleen E. Daley & Associates will provide a report/update at least every two weeks. Kathleen E. Daley & Associates will have regular conference calls throughout the session and as needed throughout the year. Kathleen E. Daley & Associates will be provided with any documentation regarding the Commission's master plan, long-range plan and overall wish list. Kathleen E. Daley & Associates will review said documents and identify possible funding sources, legislation and any action required to assist in reaching the goals of the Commission. Kathleen E. Daley & Associates, in coordination with the City Manager's office, will attend City Commission workshops/meetings to discuss and create the City's official legislative platform at the Commission's request. In addition, if the Commission can see any reason why Kathleen E. Daley & Associates should attend any other community meetings Kathleen E. Daley & Associates shall be notified accordingly. It is submitted that my services would be initially contracted for a period of one (1) year from October 1, 2001 to October 1, 2002, to be reviewed for renewal by the Commission at the end of said period. Kathleen Daley & Associates, Inc. is willing to undertake the foregoing representation on the following basis: 1. Kathleen Daley & Associates, Inc. will be paid a retainer in the total amount of $48,000 for the contracted period due in twelve (12) equal monthly installments payable by the 30th of each month beginning in October of 2001. 2. Any additional "special project" work which may be requested at any time by the City Commission of the Office of the City Manager, and which falls outside of my realm of duty as Governmental Affairs Consultant/Lobbyist for the City, will be contracted for separately and on a special project basis. 3. Either the City of Delray Beach or Kathleen Da!ey & Associates, Inc. may terminate this agreement at any time, pursuant to the following: (i) If terminated by the City of Delray Beach at any time during the contracted period, for other than good cause, Kathleen Daley & Associates, Inc. will retain the total amount of $48,000. (ii) If terminated by the City of Delray Beach at any time during the contracted period, for good cause, Kathleen Daley & Associates, Inc. will retain ATTEST: a prorated to-date portion of the total amount of $48,000. Good cause shall include, but not be limited to, the arrest of any of the principals of Kathleen Daley & Associates, Inc. and/or conduct by any of the principals of Kathleen Daley & Associates, Inc. which may subject the City of Delray Beach or Kathleen Daley & Associates, Inc. to negative publicity which would hamper the effectiveness of Kathleen Daley & Associates, Inc. in fulfilling their obligations under this agreement. (iii) If terminated by Kathleen Daley & Associates, Inc. at any time during the contracted period, Kathleen Daley & Associates, Inc. will retain a prorated to-date portion of the total amount of $48,000. 4. This Agreement shall be executed as an original and three counterparts. WITNESSES: KATHLEEN DALEY & ASSOCIATES INC. Kathleen E. Daley (~ CITY OF DELRAY BEACH, FLORIDA City Clerk By Approved as to form: Mayor City Attomey Request to be placed on: X Regular Agenda When: August 16, 2001 Description of agenda item: AGENDA ITEM NUMBER: AGENDA REQUEST Special Agenda Date: Workshop Agenda City Commission is requested to approve an Agreement for Lobbying Services with Kathleen Daley and Associates, Inc. from October 1, 2001 to September 30, 2002 in the amount of $48,000. Funding ~s available in account number 001-1111-511-34.90. ~"'V o?.- ORDINANCE/RESOLUTION REQUIRED: YES Draft Attached: YES NO NO Recommendation: Approval Department Head Signature: Determination of Consistency with Comprehensive Plan: City Attorney Review/Recommendation (if applicable): Budget Director Review (required on al~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 Until: No Agenda Coordinator Review: Received: Action: Approved Disapproved P.O. # [ITY OF OELR;I¥ BEIIEH CITY ATTORNEY'S OFFICE 1993 200 NW 1st AVENUE · DELRAY BEACH, FLORIDA 33444 TELEPHONE 561/243-7090. FACSIMILE 561/278-4755 Writer's D~r¢ct Line 561/243-7091 MEMORANDUM DATE: August 20, 2001 TO: City Commission David Harden, City Manager FROM: Brian Shutt, Assistant City Attorney SUBJECT: Florida Teleport Agreement I have attempted to modify this Agreement based upon comments that I have received. The City and Florida Teleport are still reviewing additional language to be included in Paragraph 16 regarding bankruptcy. Please call if you have any questions. cc: Barbara Garito, City Clerk LICENSE AGREEMENT THIS AGREEMENT made this __ day of ,2001 by and between the CITY OF DELRAY BEACH, FLORIDA, a municipal corporation of the State of Florida (hereinafter referred to as "City") and FLORIDA TELEPORT, INC., (hereinafter referred to as "FTI"). WITNESSETH: WHEREAS, FTI wishes to construct sufficient L-.frxst:-_'c?2re Facilities to allow for the landing and activation of a minimum of eighteen (18) fiber optic undersea telecommunications cables from the Atlantic Ocean into certain City owned property as shown herein and then place the Cables into/onto City owned infrastructure/structure(s) and carry the cables to a building thzt ~.t ~nteP?_.s to ~enst~act planned to be located in the City or nezr the City; and WHEREAS, FTI has requested a license over certain areas of the municipal beach and City owned properties for the installation/operation of high efficiency conduits (HEC' s) and the construction of beach manholes; and WHEREAS, FTI has requested a license to use certain sections of City owned infrastructure/structure(s) in order to place/install a minimum of eighteen (18) undersea and terrestrial telecommunicationscables inside/onto those sections of City owned infrastructure/structure(s); and WHEREAS, the placement of the cable inside/onto the City's infrastructure/structure(s) is only a very minor incidental use of the City's infrastructure/structure(s) and the Parties agree that nothing in this Agreement shall in any way interfere with the intended use of the City' s infrastmcture/structure(s); and WHEREAS, the City Commission has determined it to be in the best interest of the City to enter into this Agreement with FTI. NOW, THEREFORE, for the mutual covenants and matters set forth herein, as of the date set forth above, the parties hereby agree as follows: 1. Incorporation of Recitals. The parties hereby represent and warrant that the above recitals are accurate and correct and hereby incorporate them in this Agreement. 2. Definitions. In addition to the terms def'med throughout this Agreement, both Parties agree that the following terms shall have the following meanings ascribed to them: Cable. A single fiber optic or coaxial cable, either terrestrial or undersea, for the use of telecommunications services, which also includes conduit or sub-ducts and any other material that is placed inside or onto City infrastructure and is owned, operated, or maintained by FTI. City Infrastructure. Stormwater mains, wires, poles, structures, towers, cables, non-right-of-way property and conduits,_~o ........ o~ ....... v ........ ~v~,;,,;,v.. ,,tv,_ , that are owned by the City of Delray Beach. Conduit. Pipe manufactured of metal, plastic or other suitable durable material appropriate for underground or undersea use for housing of telecommunications cable that is placed inside or onto City infrastructure and is owned by FTI. Emergency. An event or occurrence that is out of control of either party that significantly and/or detrimentally affects the normal operation of FTI or its customers and/or the health safety or welfare of the public. Facilities. All beach manholes, manholes, structures, cables, conduits, sub- ducts or any other material that is owned, controlled or installed by FTI. High Efficiency Conduit (HEC). Pipe manufactured of metal, plastic or other suitable durable material appropriate for underground or undersea use of sufficient inner diameter size to allow for the housing of multiple sub-ducts. Route. The path or paths of cable, conduit or sub-duct "'--'*'"""-- from the FTI owned beach manholes, ma:'&~!es, st.m~_mres, cable, c~nclu;.ts ~r ~u~ du:t~ t~t are ~l~.a ;~ fh~ C~t3 ....... a ;.¢~0o*.,0..~ ~ ,u~ u~o,o to the Teleport. Sub-duct. Pipe, installed stand-alone or within conduits, manufactured of metal, plastic or other suitable durable material appropriate for housing of telecommunications cables. Teleport. A building or buildings with interconnecting infrastructure designed to house telecommunications equipment for undersea cable, terrestrial cable, satellite space segments, network management, interconnection, operations, and control facilities, and administrative offices. One building is planned to be located at 1100 S.W. 10th Street, Delray Beach, Florida. Additional buildings and structures will be located at sites to be determined. Undersea Cable. Fiber optic cable manufactured of suitable durable material appropriate for deep water, subsea installations for the provision of telecommunications services. 2 3. Licenses for Beach Manhole Structures and Access Cab!e and High Efficiency Conduits. The City shall grant a license to FTI for the purpose of installing/operating the beach manholes as shown on Exhibit "A". The City shall also grant a license for the installation/operation of high efficiency conduit(s) (HEC), from the beach manholes to the Erosion Control Line (ECL) and FTI agrees to provide the path that it intends to follow from the ECL to the point of connection of the HEC and the undersea cable as shown on Exhibit "B". The City shall further grant a license to FT! for access to and around the beach manholes so that FTI may have room to maneuver any equipment that it may require for the maintenance of the Cables and beach manholes. (See Exhibit "C"). In the event that this License Agreement is terminated or FTI is found to be in default, all licenses shall also terminate. FTI agrees that it will take no action that would in any way interfere with or affect the City's beach renourishment project or the ability to recover sand from borrow areas. The HEC as well as any cable coming into or out of the beach manholes shall be underground and shall not interfere with any activity on the ground surface. 4. License for use of City Owned Infrastructure "nd ~tv2ct'ares. The City shall grant to FTI an exclusive license, as to the actual City Infrastructure used by FTI, to allow FTI to place a minimum of eighteen (18) cables, conduit, and sub-ducts inside or upon t5e CityZs cendm'ts Infrastructure, and along the Route, as shown on Exhibit "D", that r~.,, ~,,~..,~,,~ .... ,' .... a ,~, ,~o t-,j.,, ~,,',.,~o.,,,,,,,,.,~ This exclusive license only applies to the section of t4~ City e'z'p, ed Infrastructure er e*.Ser stv~:mres, utilized by FTI, along the route as shown on Exhibit "D". For example, if the route, as provided by Exhibit "D" contains City Infrastructure other than that being utilized by FTI, FTI shall not have an exclusive right over that infrastructure. The Cables, zend'a;& and sub d'.:'z_ts shall be placed in t~e City Infrastructure in accordance with the diagram as shown on Exhibit "E". The Route to be followed by FTI shall be mutually agreed upon by both parties prior to the installation/operation of the Cable in or upon t~e City Infrastructure. Both parties understand that actual field conditions may require modifications in the Route and the final FTI Facilities installation methods which shall be mutually agreed upon. The Route as depicted on Exhibit "D" may be modified upon agreement by both parties until January 1, 2002. The City 3 Manager may approve the modifications on behalf of the City. Any future requests by FTI to place Cable in or upon ~ City Infrastructure are not governed by this Agreement. Under Florida Statutes, FTI, has the right to make use of the public right-of-way without a license, this License, by the City, is for the use of ~.e City Infrastructure. Nothing in this Agreement prohibits the use of other routes or City Infrastructure by other providers. Furthermore, another provider's cable shall be allowed to cross the path or route of FTI at an intersection in the City Infrastructure so long as it does not interfere with the normal operation of FTI's Facilities or the City's operations. FTI shall hold harmless, defend and indemnify the City from and against any and all claims and causes of action (including, the actual cost of defense thereof and attorney's fees at trial and appellate levels) and pay any and all judgment's against the City as a result of this provision and if necessary FTI agrees to remove all :2b!e of its Facilities from any City Infrastructure if required by a court. 5. Term/Renewal. The initial term of this License Agreement shall be for a fifty (50) year period. The City may grant five (5) renewal periods of this Agreement upon the written request of FTI 90 days prior to the expiration of the original term or any renewal term. Each renewal period shall be for a term of twenty (20) years. Any request by FTI for a renewal shall be considered by the City and may be approved or denied by the City, however, the City's consent shall not be unreasonably withheld. 6. Payment. FTI agrees to pay the City, $50,000.00 annually, for each conduit, sub-duct or cable that is placed in City infrastructure or beach manholes, payable on the date installation occurs and every year thereafter on the anniversary date of the installation of the conduit, sub-duct or cable. If there are multiple lines of conduit, sub-ducts or cables that are bundled together the payment shall be paid not per bundle but per each conduit, sub-duct or cable. For example, if FTI installs sub-ducts in City Infrastructure but does not place the actual telecommunications cable inside the sub-duct, FTI shall still be required to pay the City the amount provided in this paragraph at the times provided for in this paragraph as if ....... ~.,,.,.,~ ~ .... k o..k a...., for each cable. For example, if FTI installs a conduit in City Infrastructure and the conduit contains 5 sub-ducts, the City shall be paid for the conduit as well as 5 sub-ducts, for an annual payment of $50,000.00 x 6 = $300,000.00. However, when FTI installs cable inside the 5 sub-ducts, the City shall not be entitled to extra payment 4 for the installation of the cable, unless the cable is outside of the conduit or sub-ducts. In the event cable is placed inside a conduit or sub-duct, payment shall only be $50,000.00. This payment provision shall not be applied to conduits or sub-ducts that come into the beach manholes from the HEC's that are located underneath the City's municipal beach. The City shall be entitled to payment for any conduit, sub-duct or cable that is installed/constructed coming out of the beach manhole. FTI shall also be required to make payment to the City in accordance with the provisions of this paragraph if FTI only uses a portion of City Infrastructure. The requirement for payment is not distance sensitive, if FTI installs/operates a Cable in City Infrastructure then it will pay the amount stated above to the City as if it were using the entire Route. Such payment shall be made within 30 days of placing the Cable in City Infrastructure. FTI agrees to increase the amount stated above by 3% annually, on a compounded basis, for the first 10 years. The Agreement price, in subsequent 10 year intervals, shall also be increased/decreased annually by the CPI. FTI shall pay to the City each year an amount that is equal to the average annual CPI increase/decrease over the preceding 10 year period on a compounded basis. The annual payment for each Cable shall become due on the anniversary date of the date the Cable was first installed in City Infrastructure. If FTI should ever fail to make the appropriate payment within 30 days of its due date, the City shall notify FTI, in writing and by regular mail at the address given in this Agreement, of late payment and FTI shall have 15 days to make the appropriate payment. If FTI fails to make the appropriate payment by this later date, the City may order FTI to remove ~ all of its Facilities or the City may remove th.__~e cable(s) Facilities and charge FTI for any expense incurred by the City for such removal. The City shall not be liable for any damage to she,-.c, ab~ FTI's Facilities or any other damage as a result of the removal of the c, ab~ Facilities from City Infrastructure. FTI shall hold harmless, defend and indemnify the City from and against any and all claims and causes of action (including, the actual cost of defense thereof and attorney's fees at trial and appellate levels) based on the City's removal of ~ FTI's Facilities from i~ City Infrastructure. 7. Cable Allowed. The City, in its sole discretion, shall determine the number of, or size of, the Cables that FTI may place in City Infrastructure at any given location. FTI agrees that it shall not attempt to install/operate any Cable in City Infrastructure without first 5 obtaining the prior written consent of the City as it relates to the size and quantity of Cable allowed in City Infrastructure. If at any time the City believes that City Infrastructure is being negatively impacted it may request, and FTI shall remove any and all parts of the Cable necessary to remove the negative impact within a reasonable period of time based upon the impact to City Infrastructure. If FTI fails to remove the Cable within the reasonable period of time the City may remove the Cable. The City shall not be liable for any damage to the Cable or any other damage as a result of the removal of the Cable from the City infrastructure. FTI shall hold harmless, defend and indemnify the City from and against any and all claims and causes of action (including, the actual cost of defense thereof and attorney's fees at trial and appellate levels) based on the City's removal of the Cable from ~ City Infrastructure. 8. Maintenance of City Infrastructure. The City, in its sole discretion, shall determine when and where to conduct maintenance on City Infrastructure. The City shall notify FTI forty-five (45) days in advance of any scheduled maintenance or any maintenance that is not of an emergency nature. FTI, with the assistance of the City, shall find alternate temporary routes for the placement of its Cable while the City is performing such maintenance, if required by the City. If FTI chooses not to remove or relocate its Cable, the City shall not be responsible for any damage to the Cable or any other damage that may be claimed by FTI or its customers as a result of the City's maintenance of City Infrastructure. 9. Emergency Repair/Replacement of City Infrastructure or FTI's Facilities. If the City determines that an emergency situation exists, in its sole discretion, it shall attempt to give FTI two (2) hours prior notice or as much notice as possible, prior to performing any work on i~ City Infrastructure that is occupied by FTI if the nature of the emergency permits such notice. In the event such notice is not feasible, the City may proceed without notice and the City shall not be responsible to FTI for any damage to its :xb!e Facilities or any other damages sustained by FTI as a result of the action taken. FTI shall hold harmless, defend and indemnify the City from and against any and all claims and causes of action (including, the actual cost of defense thereof and attorney's fees at trial and appellate levels) based on the City's removal of the ~b!e Facilities from its City Infrastructure. FTI agrees to provide the City with a contact name(s) and telephone number(s) that is(are) available 7 days a week, 24 hours a day for notification. If FTI determines, in its sole discretion, that an emergency situation exists with its Facilities, it shall attempt to give the City as much notice as possible to gain access to FTI's Facilities within or on City Infrastructure. This notice shall not be less than two (2) hours prior to performing any work on its Facilities. The City agrees to provide FTI with a contact name(s) and telephone number(s) that is(are) available 7 days a week, 24 hours a day that can authorize FTI access to City Infrastructure where FTI's Facilities are located. In the event that FTI is unable to reach the City's contact person(s) because such contact person(s) is not available or does not respond, FTI may proceed to access its Facilities in order to effect repairs and the restoration of service. FTI shall be responsible for any damage that it, its agent or contractors cause to t~ City Infrastructure, right-of-way, other utility, or any other property owned by the City. FTI shall hold harmless, defend and indemnify the City against any claim, lawsuit, or any other cause of action as a result of FTI's maintenance, repair or replacement of its ~ Facilities in ~ City Infrastructure and waives any right it may have to hold the City responsible for any damage caused whatsoever and in particular any damage or claim that may arise under Florida Statute Chapter 556. 10. Installation of Cable. Prior to the installation of any Cable in t~e City Infrastructure, FTI shall "TV" and clean the entire Route, if necessary, as determined by the City, in its sole discretion. Both parties shall mutually agree upon the Route to be taken by FTI. If FTI fails to install Cable in the City Infrastructure or the beach manholes ':.'?~2n 3 Ag invt,dl,~*;,',- *h;o a ....W,~,-,* o~,.m ~, ~,o ,~,~,,~;a,~..~,~ ,,,u 2nfl void by January 1, 2003, FTI and the City shall .jointly review the progress of FTI in the construction of its Facilities. If the City determines that no progress or insufficient progress has been made to the reasonably accommodate the landing of submarine cable, within 90 days from that date, FTI shall make a payment to the City of $50,000.00, which shall be due annually. If FTI fails to make such payment by April 1, 2003, the City may, at its option, declare this Agreement null and void. If by January 1, 2005, FTI has not installed Cable in City Infrastructure or the beach manholes, the City, in its sole discretion may declare this Agreement null and void. 11. Normal Maintenance and Repair by FTI of its Cable. FTI shall be responsible for the maintenance, repair and replacement of its Cable. The maintenance, repair or 7 replacement of the Cable shall in no way interfere with the City's operation of City Infrastructure, nor shall it in any way interfere with the proper functioning of City Infrastructure. FTI shall provide 30 days notice to the City of its need to perform any maintenance, repair or replacement of any Cable that it has in ~ City Infrastructure. FTI shall only be allowed to perform work in or around ~ City Infrastructure after receiving prior written notice from the City that FTI is allowed to perform such work. FTI shall be responsible for any damage that it, its agent or contractors cause to t~ City Infrastructure, right-of-way, other utility, or any other non-right-of-way property owned by the City. FTI shall hold harmless, defend and indemnify the City against any claim, lawsuit, or any other cause of action as a result of FTI's maintenance, repair or replacement of its Cable in ~ City Infrastructure and waives any right it may have to hold the City responsible for any damage caused whatsoever and in particular any damage or claim that may arise under Florida Statute Chapter 556. 12. Taxes and/or Assessments. FTI shall be responsible for any all taxes, liens or assessments, including, but not limited to, ad valorem taxes, sales taxes, income taxes, special assessments and intangible taxes that may be levied or assessed against FTI or the City from any entity as a result of this Agreement. FTI shall make prompt payment of such taxes, liens or assessments upon receiving notice of the amount due. In no way shall any action by FT! result in a lien on t4~ City Infrastructure or other City owned property. 13. Government Approvals or Permits. FTI, at its sole cost and expense, shall obtain and maintain any and all necessary permits, licenses, easements, franchises and approvals that may be required by federal, state or local law, statute, regulation or ordinance and shall continuously comply with all such laws, statutes, regulations or ordinances as may now or in the future be applicable to the actions allowed by this Agreement. FTI shall ensure that its customers obtain and maintain any and all necessary permits, licenses, easements, franchises and approvals that may be required by federal, state or local law, statute, regulation or ordinance and comply with all such laws, statutes, regulations or ordinances as may now or in the future be applicable to FTI's customers arising out of this Agreement. FTI shall indemnify and hold harmless the City, its officers, employees, agents and assigns from any loss, damage, claim or proceeding to the extent resulting from the failure of FTI, its customers, their contractors or subcontractors to comply with this paragraph. 14. Liens. If any right-of-way, City Infrastructure or other property of the City becomes encumbered by any unauthorized liens, claims, or other encumbrance as a result of any act or omission of FTI, FTI shall to the fullest extent permitted by law take all actions necessary to remove such encumbrances from such right-of-way, stermw~ter main City Infrastructure or non-right-of-way property. If the right-of-way, City Infrastructure or other non-right-of-way property of the City becomes encumbered as a result of the acts or omissions of FTI, FTI shall: 1) within forty-eighi (48) hours post a bond covering the encumbrance; 2) discharge the encumbrance within 90 days of imposition; 3) indemnify and hold harmless the City, its officers, employees, agents and assigns from said encumbrance. Failure to discharge any encumbrance as set forth herein shall result in this Agreement being declared null and void. 15. Representations and Warranties. Each of the Parties represents and warrants that it has full authority to enter into and perform this Agreement, that this Agreement does not conflict with any other document or agreement to which it is a party or is bound, and that this Agreement is fully enforceable in accordance with its terms. The City represents and warrants that it is a municipal corporation duly organized, validly existing and in good standing under the laws of the State of Florida. The execution and delivery of this Agreement and performance hereunder will not conflict with or violate any law, rule or regulation applicable to the City. No consents need to be obtained from any government agency or regulatory agency to allow the City to execute and deliver this Agreement. FTI represents and warrants that FTI is a corporation, validly existing and in good standing under the laws of the State of Florida and the execution and delivery of this Agreement and the performance thereunder will not conflict with or violate or constitute a breach or default under FTI's Articles of Incorporation and will not violate any law, rule or regulation applicable to FTI. No consents need to be obtained from any government agency or regulatory agency to allow FTI to execute and deliver this Agreement. 16. Default. If FTI or the City shall fail to perform (whether any such failure shall arise as the result of the voluntary or involuntary action or inaction of such Party), in any material respect, any of its obligations set forth in this Agreement, including without limitation any violation of law (which is material and which adversely affects either Party's obligations under the Agreement), and such failure is not excused by any provision of this Agreement and continues un-remedied for a period of 30 days following written notice from the non-breaching Party or such shorter period as may apply under law or as set forth in this Agreement (the "Cure Period"), then such failure shall, upon and from the expiration of the Cure Period, constitute a "Default" In the event of a Default, the non-breaching Party may, in its sole discretion, pursue any and all rights it may have against the Defaulting Party now or hereafter under the law, subject to the express limitations contained in this Agreement, including, without limitation, the right to seek injunctive relief to prevent the Defaulting Party from continuing to Default its obligations under this Agreement. In no event shall the City be liable to FTI or to its customers, whether in contract, tort, or otherwise, including strict liability, for any special, indirect, incidental or consequential damages or any lost business damages in the nature of lost revenues or profits. Any lien or encumbrance attaching to the property in violation of Paragraph 14, shall cause this Agreement to become void. 17. Force Majeure. Neither FTI nor the City shall be liable for any failure or delay in performing its obligations hereunder, or for any loss or damage resulting therefrom, due to the following Force Majeure Events: A. Fire, flood, strike or other labor difficulty, natural disasters, equipment failure, acts of God or public enemy, restraint or hindrance by any governmental or regulatory authority including, without limitation, unfavorable actions or failures to act of or by such authorities (except when the result of noncompliance with Paragraph 15), inability to obtain permits, war, insurrection, riot, litigation by any Third Party, or B. any other causes beyond the Parties' reasonable control, or causes beyond the reasonable control of their suppliers. C. In the event a court temporarily or permanently enjoins the continuation of this Agreement. If a Force Majeure Event should occur, then, the Parties' performance of this Agreement shall be suspended for so long as such Force Majeure Event continues. At the 10 conclusion of a Force Majeure Event, the period of time so suspended shall be added to the dates, schedules and other performance-related matters under this Agreement. If an actual or potential labor dispute delays or threatens to delay a Party's performance, that Party shall immediately notify the other Party in writing, stating all relevant information concerning the dispute and its background. The Parties shall include this paragraph in any subcontract for the services if a labor dispute thereunder might delay the timely performance of the services, and each such subcontract shall provide that if any actual or potential labor dispute occurs, the lower-tier subcontractor shall immediately notify the Parties of all relevant information concerning such dispute. If the City determines that FTI's activities pursuant to this Agreement in or near the o_2b!e Route are causing or will cause labor difficulties for the City, FTI shall discontinue those activities until the labor difficulties have been resolved; provided, however, that in any such event and notwithstanding any other provision of this Agreement, the City shall during the period of such labor difficulties perform, or cause to have performed, at FTI's expense (utilizing the lowest market rate reasonably available) any such activities to the extent reasonably necessary to the operation and maintenance of t~e City Infrastructure. 18. Publicity and Advertising. Both Parties agree that the construction of the Teleport in the City may be promoted to actively attract other businesses to locate in the City. In connection with this Agreement, neither Party shall publish or use any advertising, sales promotions, or other publicity materials that use the other Party's (or its affiliate's) logo, trademarks, or service marks or name without the prior written approval of the other Party. This Paragraph shall not apply to reasonably necessary disclosures in or in connection with court or regulatory filings or proceedings, financial disclosures which in the good faith judgment of the disclosing Party are required by law or regulatory authority, or disclosures that may be reasonably necessary in connection with the performance of this Agreement. 19. No Joint Venture. This Agreement is not intended to create nor shall it be construed to create any partnership, joint venture, employment or agency relationship between FTI and the City, and no Party shall be liable for the payment or performance of any debts, obligations, or liabilities of the other Party, unless expressly assumed in writing herein or otherwise. Each Party retains full control over the employment, direction, compensation and 11 discharge of its employees, and will be solely responsible for all compensation of such employees, including social security, withholding and worker's compensation responsibilities. 20. Indemnification. To the full extent permitted by law, and except to the extent of the City's gross negligence or intentional misconduct, FTI shall, indemnify, hold harmless and defend the City, its employees, contractors, subcontractors, agents, directors, officers, affiliates, and subsidiaries and their respective employees, subcontractors, agents, directors and officers from and against any and all claims and causes of action (including, the actual cost of defense thereof and attorney's fees at trial and appellate levels) arising as a result of this Agreement, including, without limitation, any claims for personal injury (including death), whether to FTI's, its contractors' or subcontractors' employees, or to the City's employees, or those of any Third Party (FTI hereby avoiding any defense that might otherwise be applicable under workers' compensation laws), or any claims for property damage (including liability under the Comprehensive Environmental Response Compensation and Liability Act and similar state laws), relating to or arising as a result of this Agreement or claims or causes of actions brought by any entity or person challenging the legality of this Agreement. The City shall give prompt notice of any claim for which indemnification is or will be sought under this Paragraph and shall cooperate and assist FTI in the defense of the claim. All indemnifications shall survive the termination of this License Agreement as to all claims arising form the period that this License Agreement was in effect. 21. Assignment. FTI may not assign, transfer, delegate or in any other manner dispose of, any of its rights, privileges or obligations under this Agreement without prior written consent from the City, and such consent shall not be unreasonably withheld, if it can be shown, to the satisfaction of the City, that the assignee shall be able to perform all aspects of this Agreement. This Agreement shall be binding upon and inure to the benefit of the Parties and their respective successors and permitted assigns. 22. Notices. All notices, invoices and other communications from either Party to the other hereunder shall be in writing and shall be deemed received (i) upon actual receipt when personally delivered, (ii) upon acknowledgment of receipt if sent by facsimile, (iii) upon the expiration of the third business day after being deposited in the United States mails, postage prepaid, certified or registered mail, or (iv) upon the expiration of one business day after being 12 deposited during the regular business hours for next-day delivery and prepaid for overnight delivery with a national overnight courier company, addressed to the other Party as follows: A. As to the City: City of Delray Beach 100 N.W. 1st Avenue Delray Beach, FL 33444 c/o City Manager B. As to FTI: FLORIDA TELEPORT International Attn: Project Manager 4800 North Federal Highway Suite A-210 Boca Raton, F1 33431 Phone: 561-338-0707 Each Party may change its address by letter notification by giving the other Party notice thereof in conformity with this Paragraph. Any payments made under this Agreement, if made by mail, shall be deemed to have been made on the date of receipt thereof. 23. No Waivers. No failure or delay on the part of either Party in exercising any right, power or privilege hereunder and no course of dealing between the Parties shall operate as a waiver thereof; nor shall any single or partial exercise of any right, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, power or privilege. 24. Construction in the Right-of-Way. If FTI constructs/installs Cable in the right- of-way, outside of ~e City Infrastructure in which it places the Cable underground by constructing a trench or using trenchless technology and FTI notifies the "One-Call Notification System", prior to construction, as provided in Florida Statute Section 556.104. FTI acknowledges that it is on notice from the City that the City has infrastructure in the right- of-way in which the City does not know its location, therefore, FTI agrees to be responsible for any cost or expense incurred by the City as a result of any damage that FTI, its agent, or contractor causes to infrastructure owned and maintained by the City. FTI further agrees to waive any rights or protections that it has or could be entitled to under F.S. Section 556.106 which provides that an excavator shall not be liable for any damage if it has notified the "One- Call Notification System". FTI agrees to be responsible for any and all damage that is 13 incurred by the City as a result of any City infrastructure it damages, whether such City infrastructure was marked or not. 25. Counterparts. This Agreement may be executed in several counterparts, each of which shall be deemed an original, and all such counterparts together shall constitute but one and the same instrument. This Agreement may also be executed via counterpart facsimiles upon (a) the telecopy by each Party of a signed signature page thereof to the other Party, with return receipt by telecopy requested and received and (b) the Parties' agreement that they will each concurrently post, by overnight courier, a fully executed original counterpart of the Agreement to the other Party. 26. Applicable Law. This Agreement shall be construed under and in accordance with Federal laws and the laws of the State of Florida and venue for any lawsuit arising out of this Agreement shall lie in Palm Beach County. 27. Prior Agreements; Modifications. This Agreement and the Exhibits hereto constitute the entire agreement between the Parties with respect to the subject matter hereof, and supersede all previous understandings, commitments or representations, whether oral or written, concerning the subject matter. All Exhibits form part of, and are integral to, this Agreement, and any reference to this Agreement includes reference to any and all Exhibits hereto. Each Party acknowledges that the other Party has not made any representations other than those that are contained herein. This Agreement may not be amended or modified in any way, and none of its provisions may be waived, except by a writing signed by an authorized officer of the Party against whom the amendment, modification or waiver is sought to be enforced. 28. Severability. Nothing contained in this Agreement shall be construed so as to require the commission of any act contrary to law, and wherever there is any conflict between any provision of this Agreement and any law, such law shall prevail; provided, however, that in such event, the provisions of this Agreement so affected shall be curtailed and limited only to the extent necessary to permit compliance with the minimum legal requirement, and no other provisions of this Agreement shall be affected thereby and all such other provisions shall continue in full force and effect. 14 29. Bond Covenants. The primary purpose of the City's infrastructure is for the benefit and purpose of the residents of the City. If any claim, suit, or other action is brought against the City alleging any violation of any bond covenant regarding the City's infrastructure, FTI shall indemnify, defend and hold harmless the City, its officers and employees, from all such suits, claims and causes of action including all costs and attorney's fees incurred at the trial and appellate levels. 30. Undersea Cable Landings. The City shall grant to FTI the right to install a minimum of eighteen (18) undersea cable landings in the area as shown on Exhibit "B". If the City receives an offer from another company, entity or person expressing its/their interest in landing additional undersea cable in/over/under property that is located in the beach area shown on Exhibit "F" and that is owned by the City, the City shall then notify FTI in writing and FTI shall have 30 days from the date notification was received in which to match the offer presented to the City. If FTI fails to match the offer presented to the City by the other company or entity, as determined by the City in its sole discretion, the City may enter into an agreement allowing the additional cable landing so long as it does not interfere or detract from any rights or privileges granted to FTI in this License Agreement. FTI is aware that the only beach property that the City owns in the area as shown on Exhibit "F" is the municipal beach area from Atlantic Avenue south to the approximate area of Casuarina Road. Should this Paragraph by declared unconstitutional, in violation of antitrust laws, in violation of any Federal, State, or local law, rule or regulation, or any claim, suit, or other action is brought against the City challenging the provision contained in this Paragraph, the remainder of the License Agreement shall continue in effect and FTI shall defend, indemnify and hold harmless the City, its officers and employees, from all such suits, claims and causes of action including all costs and attorney's fees incurred at the trial and appellate levels. If FTI fails to meet the benchmarks as set forth below, Paragraph 30, shall become null and void. However in any event this Paragraph 30 shall become null and void at the end of the initial 50 year term regardless of any renewal periods. The benchmarks are as follows: 2 Cables installed within City Infrastructure within the first 5 years of the Agreement 7 Cables installed within City Infrastructure within the first 10 years of the Agreement 12 Cables installed within City Infrastructure within the first 15 years of the Agreement 15 15 Cables installed within City Infrastructure within the first 20 years of the Agreement 18 Cables installed within City Infrastructure within the first 25 years of the Agreement 31. Insurance Considerations. FTI will procure and maintain, throughout the term of this Agreement, commercial general liability insurance, with limits of not less than $1,000,000 combined single limit per occurrence for bodily injury and property damage liability, with a certificate of insurance to be furnished to the City ,~,~t~,~,, .... ................... ,,ti~,,- ,.,.~ ~,~o ^~, ....... .......... · at least thirty (30) days prior to the commencement of any construction activities referred to in this Agreement. The insurance policy shall provide that cancellation will not occur without at least thirty (30) days prior written notice to the City. 32. Abandonment of City Infrastructure or Public Right-of-Way. Nothing contained in this Agreement shall prevent the City from abandoning any portion of it~ City Infrastructure or public right-of-way as long as an easement is retained, given, transferred or sold to FTI covering the area of FTI's Cable route. Once an area is abandoned by the City, the City shall have no further obligations under this Agreement as it relates to the abandoned area except to the extent it may need to access and maintain its utilities. 33. Hazardous Substances. FTI warrants and represents that it will not use, generate, store or dispose of any Environmental Pollutants on, under, about or within ~ City Infrastructure, public right-of-way or area that is described in the Exhibits attached hereto, in violation of any Applicable Environmental Law. "Environmental Pollutants" means all hazardous or toxic substances so listed in Applicable Environmental Law, including without limitation, hazardous materials, petroleum, asbestos and nuclear waste. "Applicable Environmental Law" means federal, state or local laws and regulations pertaining to hazardous, toxic or polluting substances, including but not limited to CERCLA and RCRA. FTI agrees to indemnify and hold harmless the City, its agents, officers and employees from any and all claims, damages, fines, penalties, judgments, costs and liabilities (collectively "Losses") arising out of or related to any breach of this Paragraph 33, except Losses caused solely by the City's own use, spill, discharge or release of Environmental Pollutants. Such Losses shall include reasonable attorney's fees (at the trial and appellate levels); consultant and laboratory fees and costs; investigation and assessment expenses; cleanup and remediation 16 expenses; expenses associated with discharging any liens. The provisions of Paragraph 33 shall survive the termination of this Agreement. 34. Performance Bond. FTI shall provide to the City a performance bond or letter or credit in the amount of $100,000.00. The performance bond or letter of credit 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 the bond or letter of credit may not be canceled or allowed to lapse unless a substitute bond or letter of credit is issued in its place. The bond or letter of credit shall be issued to the City prior to any construction work starting and shall remain in place for a period of one year beyond the *~'-"~--~ ....... ,-.~,~.,.. ,,e ,~,~ Agr.~me~ completion of construction by FTI. The City must provide written notice to FTI 30 days in advance of making a claim on the bond or letter of credit. The bond or letter of credit shall be issued by a resident agent or bank, having an office in Palm Beach or Broward County. The performance bond or letter of credit shall apply to any and all activities of FTI relating to the construction/installation/maintenance by FTI of its Facilities. The City may make a claim on the performance bond or letter of credit upon the submission of a letter, to the local bank branch or local resident agent, signed by the City Manager requesting the proceeds of the bond or letter of credit. 35. Execution of Agreement. This Agreement shall be considered null an void unless signed by both FTI and City. IN WITNESS WHEREOF, the undersigned have executed this Agreement as of the Execution Date. WITNESSES: (print or type name) Florida Teleport, Inc. By: Dave Brache Chief Executive Officer (print or type name) STATE OF COUNTY OF 17 The foregoing instrument was acknowledged before me this day of ,200 , by , as (name of officer or agent, title of officer or agent), of (name of corporation acknowledging), a (state or place of incorporation) corporation, on behalf of the corporation. He/She is personally known to me or has produced (type of identification) as identification. Signature of Person Taking Acknowledgment Name Typed, Primed or Stamped ATTEST: CITY OF DELRAY BEACH, FLORIDA By: By: City Clerk David Schmidt, Mayor Approved as to form: By: City Attorney 18 EXHIBIT A MIRAMAR DRIVE SANDOWAY PARK 50' / "' INGRAHAM PARK (3) BEACH ~ 100' SCALE: 1" = OCEAN TERRACE I 4800 NORTH FEDERAL H~ 8UITEA.210 . ~oc~ "~;o., ~ F~: ~1'33~03~ CABLE d SCA~: ~'ru~ 9601 FINAL GRADE (AREA TO BE G~D ~UND ~NHOLE) "~ CAST IRON F~AME AND C4DVER WITH BRONZE SECURITY BOLT8 PULUNG BARS SEE DE'rAIL (TYP) ~ REINFORCING AT BRICK COLLAR 8' SQUARE DRAIN NO. 68, 78 OR NO. 8 SECTION A-A NOTES: 1 · HANDUNG LOOP8 ARE REQUIRED FOR PRECAST MANHOLES. 2. KNOCKOUTS IN TYPE A MANHOLE SHALL BE SIZED AS SHOWN WITH A 1' KNOCKOUT WALL ONE KNOCKOUT PER SIDE OF MANHOLE IS REQUIRED UNLESS OTHERWISE DIRECTED. 3. APPROVED THREADED INSERTS FOR 3/8" DIA. BOLTS (2,500 LBS. MIN. TENSILE PULLOUT STRENGTH.) 4. FRAME AND COVER FOR TYPE A MANHOLE SHALL BE IN ACCORDANCE WITH A.S.T.M. A48, CLA88 30 8. 5. BoI'roM OF MANHOLES TO BE SLOPED TO DRAIN. 6. ALL GROUND ROD8 8HALL BE 10'-0' LONG, 3/4' DIA., COPPER CLAD STEELWITH DRIVING POINT. GROUNDING CONDUCTOR SHALL BE ATTACHED WITH A GROUND CLAMP. 7, FRAME FOR TYPE A MANHOLE SHALL BE DRILLED AND TAPPED FOR GROUND CONNECTOI~ - PUUJNG BAR (TYP.) ~ KNOCKOUT/___ CABLE RACK ABSENTLY r (TYP.) 1,.0,, KNOCKOUT PLAN VIEW 2' 0 SCALE:l"=4' 2m 4~ EXHIBIT A2: MANHOLE BOX DETAIL FLORIDA TELEPORT CABLE LANDING DELRAY BEACH PALM I)EACH COUNTY 4800 NORTH FEDERAL HWY. SUITE A-210 O^~E' 07.12.01 BOCA RATON, FL 33431 sc~ t" ' 4' Tel: 561-331~0707 j~ 9601 FLOPJI)At / O ..o.v.o. Fax: 561-338-0334 2 EXHIBIT B ATLANTIC -- DUTFALL P[PELINE -~-..'"' '~, ";~ R180 '" AVE. BEACH MANHOLE LOCATIONS __ HEC BORE PATHS DREDGE INGRE$8/EGRESS CORRIDOR SHIPWRECK S $ tCHULVlA R t83 N BORE EXIT POINT ~184 ~t85 MNTON BLVD. 1000' 0 SCALE: t" = 2000' R r 187 R`188 RI88A R189 Rt90 CITY LIMITS 740.000' EXHIBIT B: HEC BORE LOCATIONS FLORIOATELEPORT CABLE LANDING DELRAY BEACH PALM I~-ACH C~ 4800 NORTH FEDERAL I'PC/Y. FLORIDA SUITE A-210 DATE 07.'12.0'1 BOCA RATON, FL $8451 SCALE '1" = 2,000' ~ Tel: 561-338-0707 960'1 FLOR]OAt /e /Fax: 561-388-0334 DATUM:.~ N.G.V.D. EXHIBIT C SAt4DoWAY pARK I i iNGRAHAM pARK 25' 0 25' SCALE: 1' = 547 50' EXHIBIT C: WORK AREAS FLOR DAIe/g/ O FLORIDA TELEPORT CABLE LANDING DELRAY BEAC~ PALM BEACH ~ 4800 NORTH FEDERAL HWY. FLORIDA SUITE A-210 DRTE 07.12.0t BOCA RATON, FL 33431 SCA~E l" = 50' Tel: 561-338-0707 doe~ 9601 DATUM. N.G.V.D. Fax: ~61-338-0334 EXHIBIT D SW 2nd St. SW 3rd St. SW lOth St. Seabreeze Ave. ~':'~ .' L },' BEAOH MANHOLES NE 1st St. Lowry St. NE I st St. 800' 0 800' 1600' SCALE: 1" = 1600' EXHIBIT D: TERRESTRIAL ROUTE FLORIDA TELEPORT CABLE LANDING DELRAY BEACH PALM BEACH COUNTY 4800 NORTH FEDERAL HWY FLORIDA SUITE A-210 DaTE 07.25.01 . ~ BOCA RATON, FL 33431 scull AS PER PLAN Tel: 561-338-0707 ,ma: 960t FLOR~DA~I~ DATUm._ N.G.V.O. Fax: 561-$38-0534 EXHIBIT E FIBER OPTIC 2' O.D. INNERDUCT MINIMUM ALLOWABLE PIPE DIAMETER FOR USE AS A CONDUIT IS 15' CALCULATION FOR DETERMINING THE MAXIMUM NUMBER OF 2' SUBDUCTS ALLOWED IN A GIVEN PIPE: MAX. NUMBER OF 2'SUBDUCTS = 113 (CIRCUMFERENCE OF PIPE I.D.) 2# THE NUMBER CACULATED IS TO BE ROUNDED DOWN TO THE NEAREST WHOLE NUMBER. EXHIBIT E: SUBDUCT ARRANGEMENT FLORIDA TELEPORT AS REQUESTED BY CITY OF DELRAY BEACH C~LE LANDING DELRAY BEACH PALM BEACH COUNTY ~ 4800 NORTH FEDERAL HWY. FLORIDA SUITE A-210 m,"rE 07.t2.0t BOCA RATON, FL 33431 SC~CE AS PER Pt. AN Tel: 561-338-O707 .~oe= 9601 Fax: 561-338-0334 EXHIBIT F ...... DELRA_Y_ BF~CH R185 crY UMITS '19o 1000' 0 1000' 2000' SCALE: 1" = 2000' ATLANTIC OCEAN N Z44,OO0~' .... , ..... EXHIBIT F: CABLE LANDING ZONE 4800 NORTH FEDERAL HWY. SUITE A-210 BOCA RATON, FL 33431 Tel: 561-338-0707 Fax: 56t-338-0334 FLORIDA TELEPORT CABLE LANDING DEl_RAY BEACH PALM BEACH COUNI~ FLORIDA DATE 07.t2.01 SCAL~ 1" = 2,000' JOe: 960t DATU~ N.G.V.D. [ITY OF DELRI:IY BEI:I[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: August 17, 2001 MEMORANDUM TO: FROM: David Harden, City Manager Brian Shutt, Assistant City Attorney SUBJECT: Agreement with Florida Teleport Pursuant to our meeting this morning I have started to revise the agreement, however, I will not be able to complete the revisions in time for this item to be included in the City Commission agenda when it is delivered on Friday afternoon. I will have the revisions complete by noon on Monday and will delineate such revisions by strikethroughs and underlines. The revisions will primarily involve the clarification of paragraph 4, providing that the exclusivity applies only to the City infrastructure utilized by FTI; clarification of paragraph 6, regarding the payment to the City for the installation of conduit, sub-ducts or cable in the City's infrastructure; adding the provision to paragraph 10 providing that FTI shall have until January 1, 2003 in order to make its first annual payment to the City; clarifying paragraph 21, to provide that any possible assignee must be able to perform all aspects of the agreement; amending paragraph 30, to provide that the right of first refusal shall end at the end of the initial term ( 50 years) and providing certain benchmarks to FTI in order to have the right of first refusal to remain in place, such as they must have a minimum of 2 conduits, sub-ducts or cables within the first 5 years. Please call if you have any questions. CC: Susan Ruby,, City Attorney Barbara Garito, City Clerk If FTI determines, in its sole discretion, that an emergency situation exists with its Facilities, it shall attempt to give the City as much notice as possible to gain access to FTI's Facilities within or on City Infrastructure. This notice shall not be less than two (2) hours prior to performing any work on its Facilities. The City agrees to provide FTI with a contact name(s) and telephone number(s) that is(are) available 7 days a week, 24 hours a day that can authorize FTI access to City Infrastructure where FTI's Facilities are located. In the event that FTI is unable to reach the City's contact person(s) because such contact person(s) is not available or does not respond, FTI may proceed to access its Facilities in order to effect repairs and the restoration of service. FTI shall be responsible tbr any damage that it. its agent or contractors cause to t.~ City Infrastruc,~re, right-of-way, other utility, or any other property owned by the City. FTI shall hold harmless, defend and indemnify the City against any claim, lawsuit, or any other cause of action as a result of FTI's maintenance, repair or replacement of its ~ Facilities in ~ City Infrastructure and waives any right it may have to hold the City responsible for any damage caused whatsoever and in particular any damage or claim that may arise under Florida Statute Chapter 556. 10. Installation of Cable. Prior to the installation of any Cable in t~e City Infrastructure, FTI shall "TV" and clean the entire Route, if necessary, as determined by the City, in its sole discretion. Both parties shall mutually agree upon the Route to be taken by FTI. I.g FTI fa~.!s te shall install Cable in r4~ City Infrastructure or the beach manholes :..o,~.~,;,... ,},~o a ......, o~..,. ~. ~. ..... :,q~.,.~.,~ ,,,,. ,,..,4 ,,,,~ by lanuary 1 2003. If FTI fails to do so, FTI shall make payment to the City in the amount of $50,000.00 which shall be due on January 1, 2003, and annually thereafter; provided, however, if the City determines, in its sole discretion, that FTI failed to install Cable in City Infrastructure or beach manholes by lanuary 1, 2003 because of events beyond the control of FTI, the City, in its sole discretion. may or may not extend the payment date. If by lanuary 1. 2005. FTI has not installed Cable in City Infrastructure or the beach manholes, the City. in its sole discretion may declare this Agreement null and void. 1 I. Normal Maintenance and Repair by FTI of its Cable FTI shall be responsible for the maintenance, repair and replacement of its Cable. The maintenance, repair or loss, damage, claim or proceeding to the extent resulting from the l"ailure of FTI, its customers, their contractors or subcontractors to comply with this paragraph. 14. Liens. If any right-of-way, City Infrastructure or other property or' the City becomes encumbered by any unauthorized liens, claims, or other encumbrance as a result of any act or omission of FTI, FTI shall to the fullest extent permitted by law take all actions necessary to remove such encumbrances from such right-of-way, st~.':m..water ..mak~. City Infrastructure or non-right-of-way property. If the right-or:way, City Infrastructure or other non-right-of-way property of the City becomes encumbered as a result of the acts or omissions of FTI, FTI shall: 1) within forty-eight (48) hours post a bond covering the encumbrance; 2) discharge the encumbrance within 90 dax~s of imposition: 3) indemnify and hold harmless the City, its officers, employees, agents and assigns from said encumbrance. Failure to discharge any encumbrance as set forth herein shall result in this Agreement being declared null and void. 15. Representations and Warranties. Each of the Parties represents and warrants that it has full authority to enter into and perform this Agreement, that this Agreement does not conflict with any other document or agreement to which it is a party or is bound, and that this Agreement is fully enforceable in accordance with its terms. The City represents and warrants that it is a municipal corporation duly organized, validly existing and in good standing under the laws of the State of Florida. The execution and delivery of this Agreement and performance hereunder will not conflict with or violate any law, rule or regulation applicable to the City. No consents need to be obtained from any government agency or regulatory agency to allow the City to execute and deliver this Agreement. FTI represents and warrants that FTI is a corporation, validly existing and in good standing under the laws of the State of Florida and the execution and delivery of this Agreement and the performance thereunder will not conflict with or violate or constitute a breach or default under FTI's Articles of Incorporation and will not violate any law, rule or regulation applicable to FTI. No consents need to be obtained from any government agency or regulatory agency to allow FTI to execute and deliver this Agreement. 16. Default. If FTI or the City shall fail to pertbrm (whether any such failure shall arise as the result of the voluntary or involuntary action or inaction of such Party), in any 9 material respect, any of its obligations set forth in this Agreement, including without limitation any violation of law (which is material and which adversely affects either Party's obligations under the Agreement), and such failure is not excused by any provision of this Agreement and continues un-remediod for a period of 30 days following written notice from the non-breaching Party or such shorter period as may apply under law or as set forth in this Agreement (the "Cure Period"), then such failure shall, upon and from the expiration of the Cure Period, constitute a "Default" In the event of a Default, the non-breaching Party may, in its sole discretion, pursue any and all rights it may have against the Defaulting Party now or hereafter under the law, subject to the express limitations contained in this Agreement, including, without limitation, the right to seek injunctive relief to prevent the Defaulting Party from continuing to Default its obligations under this Agreement. In no event shall the City be liable to FTI or to its customers, whether in contract, tort, or otherwise, including strict liability, for any special, indirect, incidental or consequential damages or any lost business damages in the nature of lost revenues or profits. Any lien or encumbrance attaching to the property in violation of Paragraph 1.4, shall cause this Agreement to become void. If FTI fails to make payment to the City as required under the terms and conditions of this Agreement or if FTI abandons its Facilities or fails to maintain its Facilities and if the following occurs: either the appointment of a receiver to take possession of all or part of the assets of FTI or a general assignment by FTI for the benefit of creditors or any action taken or suffered by FTI under any insolvency or bankruptcy act during the term of this Agreement, then, at City's election, be deemed a breach of this agreement. If FTI fails to make payment to the City as required, and during the term of this Agreement, FTI is ad.]udicated bankrupt or insolvent or takes the benefit of any federal reorganization or composition proceeding, makes a general assignment, or takes the benefit of any insolvency law; or in the event of abandonment or desertion by FTI; or if this License Agreement is transferred or passes to or devolves upon any persons, firms, partnerships o.r. corporation other than FTI by operation of law or otherwise, then these events may constitute a default under this Agreement, as determined by the City in its sole discretion, in which the City could avail itself of all remedies herein reserved or otherwise available by law. lO MEMORANDUM TO: FROM: THROUGH: DATE: David Harden, City Manager Jacklyn Rooney, Purchasing Supervis Joseph Safford, Finance Director August 16, 2001 SUBJECT: DOCUMENTATION - CITY COMMISSION MEETING AUGUST 21, 2001 - BID AWARD -BID #2001-36 BUS RENTAL AND DRIVER SERVICE FOR PARKS AND RECREATION Item Before Commission: City Commission is requested to approve the bid award to second low bidder, Luxury Limousine Service Inc. for Bus Rental and Driver Service for the Parks and Recreation Department for the After School Program, Summer Camp, Special Events, and Rocks Football for a estimated annual cost of $128,547. Funding from fiscal year 2001-2002 budget. Background: Bids were received on July 20, 2001 from three (3) contractors all in accordance with City purchasing procedures. (Bid #2001-36. Documentation on file in the Purchasing Office.) A tabulation of bids is attached for your review. As stated on the attached memo dated August 9, 2001, the Director of Parks and Recreation and the Recreation Superintendent recommend award to second low bidder, Luxury Limousine Service Inc. The Parks and Recreation Superintendent checked references listed by the contractor, and all comments were positive. The low bidder, Quality Transportation Services Inc., did not meet the detailed specification requirement of the bid package for a fifty-nine (59) passenger coach bus. Recommendation: Staff recommends award to second low bidder, Luxury Limousine Service Inc. for bus rental and driver service for the Parks and Recreation at an estimated annual cost of $128,547. Funding from account code #001-4106-572-44.90 (summer camp), 001-4121-572-44.90 (special events), 001-4105-572-44.90 (after school program) and 115-4912-572-55.30 (Rocks Football) for the fiscal year 2001-2002. Attachments: Tabulation of Bids Memo from Director of Parks and Recreation DELRAY BEACH Pa;ks 6 Recrea{i- n' MEMORANDUM TO: FROM: THROUGH: Jacklyn Rooney, Purchasing Supervisor Rodger R. Ribei~o, CPRP, Recreation Superintendent Joe WeldonW^ ~ Director oflParks and Recreation SUBJECT: Bus Bid #2001-36 DATE: August 9, 2001 I recommend the second low bidder, Luxury Limousine Service be awarded the contract for Bid #2001-36 to begin October 1, 2001. Luxury Limousine Service would then subcontract to other bus companies. These subcontracted companies must supply 59 passenger coach buses with air conditioning, rest rooms and dispatch radio. I have checked the references for Luxury Limousine Service, Inc. All six references recommended Luxury Limousine Service. The six references are as follows: North Broward Hospital, Microsoft, Hot 105 Radio Station, Westin Hotels, Cintex/Rooney Builders and United Jewish Community Center. The last three references used coach buses. The total amount of the contract is $128,547.00 to be funded out of accounts 001-4106-572-44.90 (summer camp), 001-4121-572-44.90 (special events), 001-4105-572-44.90 (after school program) and 115-4912-572-55.30 (Rocks football). The low bidder, Quality Transportation, did not meet minimum specifications in regard to 59 passenger coach buses. Please place this on the August 21, 2001 agenda for City Commission consideration. Rodger R. Ribeiro, CPRP Recreation Superintendent RRR:cp Ref:bid0136 50 Northwest 1st Avenue · Delray Beach, Florida 33444 (561) 243- 7250 · Fax' (561) 243-7268 · http-//www.dbpr.com 0 4J 0 0 0 AGENDA ITEM NUMBER: AGENDA REQUEST Request to be placed on: August 21, 2001 Date: August 16, 2001 XX Consent Agenda Special Agenda __ Workshop Agenda Description of agenda item: Approval of Bid #2001-36 for Bus Rental Service and Driver Service for the Parks and Recreation Department to the second Iow bidder, Luxury Limousine Service Inc for an esbmated annual cost of $128,547. ORDINANCE/RESOLUTION REQUIRED. YES Draft Attached: YES NO NO Recommendation: Approve award to Luxury Limousine Service Inc. for an annual contract for Bus Rental Service and Driver Service for the Parks and Recreation Department at an estimated annual cost of $128,547 Funding from fiscal year 2001-2002 budget from account codes; #001-4106-572-44.90 (summer camp), 001-4121-572-44 90 (special events), 001-4105-572-44.90 (after school program) and 115-4912-572-55.30 (Rocks Football). Department Head Signature: Determination of Consistency with Comprehensive Plan: City Attorney Review/Recommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): / Funding available: Yes ~/ No Funding alternatives. Account Number: Account Descr, pt,on: Account Balance: City Manager Review: Approved for agenda. Hold Until: (if applicable) oo z-t-s: z-.q q-qo No Agenda Coordinator Review: Received' oo -qtos-s a z.qq- it 13,5Z0 Acbon: Approved Disapproved ADMINISTRATIVE SERVICES MEMORANDUM TO: FROM: SUBJECT: David T. Harden, City Manager fobett A. Barcinski, Assistant City Manager Agenda Item City Commission Meeting August 21, 2001 Approval Lease Agreement with Weed and Seed DATE: August 15, 2001 Action City Commission is requested to approve a lease agreement with Weed and Seed for office space located in the City Attorney's office at 200 NW 1st Avenue. Background Attached is a lease agreement between the City of Delray Beach and Weed and Seed for three (3) office spaces including a restroom in the City Attorney's office complex. Total square footage is approximately 440 square feet. The term of the agreement is one (1) year and can be renewed for an additional year. The payment of the proposed lease is $550 per month, which includes utilities. It is my understanding that Weed and Seed staffwill need to be out of their current office space by the end of September. As soon as renovations to the office area are complete the space will be available to Weed and Seed to move in. We anticipate renovations will be completed by September 15th. Recommendation Staff recommends approval of the proposed lease agreement between the City and Weed and Seed for office space at 200 NW 1st Avenue. RAB/tas File:u.sweeney/agenda Do~:Weed and Seed Lease Agreement [ITY OF I]ELRrlY BErI[H CITY ATTORNEY'S OFFICE ~oo mw ,~, ^V.$~....~.^~..^C., .nO.,.~ ~,,4 TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755 1993 DATE: TO: FROM: SUBJECT: Writer's D~rect L~ne 561/243-7091 MEMORANDUM August 14, 2001 Bob Barcinski, Assistant City Manager Brian Shutt, Assistant City Attorney Lease Agreement Between the City of Delray Beach and the Weed and Seed Program I have made the requested changes to the Lease Agreement Between the City of Delray Beach and the Weed and Seed Program. RBS:ci Attachment LEASE AGREEMENT BETWEEN THE CITY OF DELRAY BEACH AND THE WEED & SEED PROGRAM THIS LEASE, made this __ day of ,2001, by and between the CITY OF DELRAY BEACH, a municipal corporation in Palm Beach County, Florida, hereinafter called Lessor, and WEED & SEED PROGRAM, a non-profit corporation, hereinafter called the Lessee. WITNESSETH: WHEREAS, Lessee has requested the use of 3 offices located in the City Attorney's Office Building at 200 N.W. 1st Avenue; and WHEREAS, the City Commission of Delray Beach has determined that such use of the subject offices is an appropriate use which will benefit the Weed & Seed Program. NOW, THEREFORE, in consideration of the covenants herein, Lessor does hereby lease to Lessee, the office space as provided in this Agreement. 1. Incorporation of recitals. The Parties hereby represent and warrant that the above recitals are accurate and correct and hereby incorporate them as if fully set forth in this Agreement. 2. Term. This lease shall be for a term of one year from this date, with a one year renewal term, which such renewal shall not be unreasonably withheld. 3. Payment. Lessee shall make payment to Lessor the sum of five hundred and fifty ($550.00) dollars per month for the use of the leased office space, which includes costs for water, sewer & electric utilities as well as stormwater assessment fees and solid waste authority fees. 4. Leased Premises. The leased premises shall consist of 3 office spaces located at the north end of the City Attorney's office building (200 N.W. 1st Avenue), adjacent to N.W. 1st Avenue as shown on the sketch attached hereto as Exhibit "A". This lease does not include any personal property. Lessee is responsible for the purchase of all telephone equipment needed for the premises as well as all telephone bills. 5. Termination of Lease. It is mutually understood and agreed by the parties hereto, that the Lessor may terminate this lease at any time, upon a determination by the City Commission, in its sole discretion. Termination shall be effected by giving Lessee notice of its intention to terminate sixty (60) days prior to the date of termination, with the understanding that upon the termination date any and all personal property owned by Lessee shall be completely removed from the premises and the premises be vacated. 6. Improper Use. The Lessee covenants that it will make no unlawful, improper or offensive use of the said premises; that it will not assign this lease or sublet any part of the said premises without the written consent of the Lessor; and that it will use said premises only for the purposes of conducting business on behalf of the Weed & Seed Program. Lessee further asserts that it shall make no improvements or modifications to the leased premises, other than for normal wear and tear, without first obtaining written consent from Lessor. 7. Liability Insurance. The Lessee will carry liability insurance upon said leased property for the benefit and protection of Lessor, in the amount of $500,000 CSL (Combined Single Limit of Liability). Such insurance is to be with an insurer acceptable to the Lessor. The acceptable form of insurance must be on a form no more restrictive than the latest edition of the Comprehensive General Liability policy filed by the Insurance Services office. a. Comprehensive General Liability i. Minimum limits of $500,000 per occurrence combined single limit for bodily injury liability and property damage liability. ii. Premises and/or Operations 2 iii. Independent Contractors iv. Products and/or Completed Operations v. Contractual Liability b. Certificate of Insurance To be provided by Lessee as evidence of insurance in force. Such certificate shall be filed with the City's Risk Management Department and provide evidence that the Lessor is named as additional insured. The certificate shall provide for a thirty-day (30) cancellation notice to the Lessor. 8. Reentry. It is hereby covenanted and agreed that if the Lessee violates any of the covenants of this lease that the Lessor shall be entitled to re-enter and retake possession of the above described premises upon giving thirty (30) days notice to the Lessee by U.S. Mail at the address of the leased premises. 9. Maintenance. The Lessee covenants and agrees that it will maintain the above described property in a clean and orderly condition and will provide all janitorial or pest control services at its own cost and expense. 10. Indemnification. The Lessee shall indemnify, defend and hold harmless the Lessor, its officers, agents and employees from all suits, actions, claims and liability arising out of the acts or omissions of Lessee or its agents, employees, invitees, or any other person related in any manner to Lessee as it relates to this Agreement. 11. Taxes and/or Assessments. Lessee shall be responsible for any all taxes, liens or assessments, including, but not limited to, ad valorem taxes, sales taxes, income taxes, special assessments and intangible taxes that may be levied or assessed against Lessor from any entity as a result of this Agreement. Lessee shall make prompt payment of such taxes, liens or assessments upon receiving notice of the amount due. In no way shall any action by Lessee result in a lien on any property owned by Lessor. 12. Entire Agreement. This Agreement shall constitute the entire Agreement of the parties with respect to the subject matter of it. All prior understandings and agreements between the parties with respect to such matters are merged into this Agreement, which alone fully and completely expresses their understanding. 13. Assignment or Transfer. This Agreement may not be assigned or transferred by the Lessee in whole or part without the written consent of the Lessor. IN WITNESS WHEREOF, the Lessor has caused this lease to be executed by its Mayor and attested to by the City Clerk and the City Seal to be affixed thereto on the day and year first above written, and the Lessee has executed this lease on the day and year first above written. ATTEST: By: City Clerk Approved as to Legal Form: By: City Attorney WITNESSES: Signature Print Name Signature Print Name CITY OF DELRAY BEACH, FLORIDA By: David Schmidt, Mayor WEED & SEED PROGRAM By: Print Name: 4 STATE OF COUNTY OF The foregoing instrument was acknowledged before me this day of , 200__, by , as (name of officer or agent, title of officer or agent), of (name of corporation acknowledging), a (state or place of incorporation) corporation, on behalf of the corporation. He/She is personally known to me or has produced (type of identification) as identification. Signature of Person Taking Acknowledgment Name Typed, Printed or Stamped MEMORANDUM TO: FROM: SUBJECT: MAYOR AND CITY COMMISSIONERS CITY MANAGER ~ AGENDA ITEM ~ ~' - REGULAR MEETING OF AUGUST 21, 2001 RATIFICATION OF THE COMMUNITY REDEVELOPMENT AGENCY (CRA) APPOINTMENT TO THE PARKING MANAGEMENT ADVISORY DATE: BOARD AUGUST 17, 2001 The Parking Management Advisory Board was established by Resolution No. 88-97 on December 9, 1997. The board was created for the purpose of advising and making recommendations to the City Commission with respect to parking management policy and related ~ssues including, but not lmuted to, the planning, financing, development, construction and operation of parking facihues. Attached is a letter from Diane Hervey, Assistant to the Dxrector of the CRA, recommending that Mr. Robert Costm be appointed as the CRA representattve to the Parking Management Admsory Board. This xs in accordance with Resolution No. 88-97, which promdes that the CRA shall recommend an appointee to the City Comrmssxon, which has the authority to approve and ratify the recommendation. The term of appointment is for two years. In addition, on September 7, 2000, the City Commission granted staff administrative authority to modify the dates of appointment for Parking Management Advisory Board members so that they xmll coincide with the dates of appointment for those boards and agencies having representatives on the Parking Board. A copy of Mr. Costm's application is attached for your review. It is recommended that the Commission approve and ratify the appointment of Robert Costin as the CRA representattve to the Parking Management Advisory Board for a two year term ending July 1, 2003. Ref. Agmemo3.Rattfication of CRA Appt.toPMAB.08.21.01 DELRAY BEACH August 10, 2001 Ms Patricia Warren City Cle~k's Office City of Delray Beach 100 NW l~t Avenue Delray Beach. FL 33444 RE. Appointment to Parking Management Advisory Board Deal' Pat. The CRA Board of Commissmners unanimously approved the appointment of Robert Costm to a two-year tema on the Parking Management Advisory Board at their regular meenng of August 9. 2001 Mr Costin's address and phone numbers are as foilows' P.O. Box 2016 Delray Beach 33447 278-0809 445-8651 (cell) If you need further intbrmahon, please call me. Sincerely, RECEIVED Dtm~e Hervey Assistant to the Director AU~ ~ 0 2t]1]~ /d CITY CLERK 1~ ~ West Arlannc ~ enuc · Dehm' l~-ad~, Fk,nda 3 5OI-27c,-,%q0 · Fax 501-2-O8558 I'8 eSI :80 I0 OI ~n~ DELRAY BEACH NI.Amedca City fill® BOARD MEMBER APPLICATION 1993 2001 Please type or print the following information: 1. Last ~ame': " Name M. I 2. Home Address: City State Z~ Code 3. Legal Res2dence: Ci~ State Z2p Code 4. P~cip~ Business Address: ~ ~1 z/m~ Ci~ S~te Zip Code 5. Home Phone: Business Phone: E-M~ Ad.ess: Ce~ Phone: Fax: 6. Are you a re~stered voter? ~ e~ If so, where are you re~stered~. ~ 7. ~at Board(s) are you Interested m se~ing? Please ~st m order of preference: 8. Lxst a~ Ci~ Boards on whch you are c~renfly se~g or have previously seined: ¢tease include dates) 9. Educational qua~fica~ons: 10. ~st any related profession~ ce~ficafions and hcenses wMch you hold: 11. Give yo~ present, or most recent employer, and position: ~ ~, 1~. D~fibe experiences, s~s o~ ~oMed~e which ~u,h~ you to se~e on ~s bo~d: ~le~se ~tt~ch, bfie[ ~esum¢) I hereby ceru~' that a~ ~e above statements are me, and I a~ee and understand ~at any ~sstatement of material hcts contmned in this app~cafion may cause forfeiture upon my pm of any appoM~ent I may rece;ve. n O IV D Note: This apphcanon will remain on file in the Ci.tE. Clerk's Office for a period of 2 years from the date it was submitted. It will be the applicant's respc~U~li~y ~o ~re that a current applicaUon is on file. SXCITYCLERK~BO ARD\APPLICATION CITY 0LliRK MEMORANDUM TO: FROM: SUBJECT: DATE: MAYOR AND CITY COMMISSIONERS ,,qf[0 CITY MANAGER AGENDA ITEM ~'. ~, - REGULAR MEETING OF SEPTEMBER 7. 2000 RESOLUTION NO. 63-00 AND BY-LAW AMENDMENT - PARKING MANAGEMENT ADVISORY BOARD SEPTEMBER 1, 2000 City Commission is requested to approve Resolution No. 63-00 which amends the Par'ldng Management Advisory Board's enacting resolution by adding two additional members, bringing the total number of members to eleven. The two new members would be (1) a representative from the West Atlantic Redevelopment Coalition, appointed by WARC and ratified by the Commission; and (2) an additional citizen-at-large member appointed by the City Commission. In addition, staff is also requesting administrative authority to modify the dates of appointment for Parking Management Advisory Board members so that they will coincide with the dates of appointment for those boards and agencies having representatives on the Parking Board. Based on discussions with the City Commission in the joint workshop and on objectives contained in the Parking Management Advisory Board's strategic plan, the board considered changes to the enacting resolution and it's by-laws. The board is recommending the addition of two (2) members as outlined above and also recommends a change in the member appointment/expiration date from January to August to coincide with the appointment/expiration dates for CRA, DDA and Planning and Zoning Board members. Recommend approval of Resolution No. 63-00 and authorization to modif3, appointment/expiration dates for Parking Management Advisory Board members as outlined above. Ref:Agmemol 0.Res63-00.P~£-~B MEMORANDUM TO: FROM: SUBJECT: MAYOR AND CITY COMMISSIONERS CITY MANAGER ~tr~ I~ AGENDA ITEM "l ~' - REGULAR MEETING OF AUGUST 21, 2001 RATIFICATION OF THE PLANNING & ZONING BOARD APPOINTMENT TO THE PARKING MANAGEMENT ADVISORY DATE: BOARD AUGUST 17, 2001 The Parking Management Advisory Board was established by Resolution No. 88-97 on December 9, 1997. The board was created for the purpose of advising and making recommendations to the City Commission with respect to parkmg management policy and related issues includmg, but not limited to, the plannmg, financing, development, construction and operauon of parking faciliues. Attached is a memorandum from Paul Dorling, Director of Planning & Zoning, recommending that Ms. Elaine Moms be appointed as the Planning & Zoning Board representative to the Parking Management Advisory Board. This is in accordance with Resolutton No. 88-97, which provides that the Plannmg & Zoning Board shall recommend an appointee to the City Commission, which has the authority to approve and ratify the recommendation. The term of appointment xs for two years. A copy of Ms. Moms' applicauon xs attached for your review. It is recommended that the Commission approve and ratify the appomtment of Elaine Moms as the Planning & Zoning Board representative to the Parking Management Admsory Board for a two year term ending August 31, 2003. RefiAgmemo3.Rafificauon of P&Z Appt.toPMAB.08.21.01 Planning & Zoning Department MEMORANDUM TO: Pat Warren FROM: Ex~ecutive Assistant/Board Liaison Director of Planning & Zoning DATE: August t0, 2001 RE: Parking Management Advisory (PMA) Board Member In September of this year the Planning & Zoning Board member position on the PMA Board will be vacant with the conclusion of Robin Bird's Planning & Zoning Board term. Pursuant to Resolution No. 88-97 (attached) one member of the Planning & Zoning Board is required to serve on the PMA Board. The Planning & Zoning Board at their July 16, 2001 meeting recommended Board member Elaine Morris fill the 9/1/01 - 8/31/03 term. The nomination is now before the City Commission for their consideration. 07/24/01. TIJE 10:06 FAX $61 243 3774 CITY CLERK DELRAY BEACH CITY OF DELRAY BEACH BOARD MEMBER APPLICATION 1993 2001 ~1001 Plc~se type or p6nt the ~o]lowing infom~tion: 2. Home Adckess: ' State ZZm Code. 3. ~] Reidence: (:~ ~ Sum ~p Code 8. ~jst ~ ~ Boar~ on ~ch you ~e ~=~fly s~ng oz ha~e pr~ously s~e& ~lmse ~clude d~t~) ' 9. Educafion~ q~ifi~dons: 10. ~t ~y zch~d p~of~sion~ c~fica~ons and ~c~s w~ you hol& 11. GNe yo~ presm~ oz m°~ ~Cmt emplo?=, ~d ~sifion: ~2. ~escNbc cxm~mcm, Cal, or knoMc~e whi~ qu~ Fo%to se~e on ~ a ~ 'x J ~ 2 6 ZOO1 Note: This application will remain on file in the ~r.l~~z a period of 2 yeazs from the date it was submitted. It will be the applicant's 3'espon~tibility tg'e~-u/~ that a current application iz on file. ~CF['YC h.i-.'RI~B 0 AI~)~J~ P P k lC. ATI 0 N Elaine H. Morris 1046 Melaleuca Road Delray Beach, FL 33483 (561) 278-1123...fax (561) 276-5577 Over the past 22 years, Elaine Morris has established herself as a top commercial real estate consultant in both tenant/buyer and landlord/seller representations and has also been responsible for several very significant land assemblages and investment sale transactions. In 1994, Ms. Morris formed her own real estate brokerage corporation, Morris Realty Group, which specializes in client oriented commercial leasing and investment sales. Her prior experience was with Southeoast Partners Realty, Inc., in Boca Raton, Florida, where she was Director of Marketing from 1991 to 1994, which followed a successful ten year career which began in 1981 with Cushman & Wakefield in both their Ft. Lauderdale, Florida and Dallas, Texas offices. She was honored by Cushman & Wakefield as a National Top Producer at their 1990 Corporate Sales Convention. From 1976 to 1981, Ms. Morris was with Eagan Real Estate, Syracuse, New York. Ms. Morris maintains active real estate licenses in both Florida and Texas. During her extensive career, Ms. Morris has been responsible for the successful leasing of over 1,670,000 square feet of space and over $73,000,000 in sales transactions. Partial lists of the more recent transactions follow: Exclusive Leasing Representations (Partial List): Sapphire/1901, LTD, owner of 1901 Military Trail, Boca Raton, Florida; an 60,600 square foot office project. · Parkwood Properties, Inc., owner of NationsBank Tower, 150 E. Palmetto Park Road, Boca Raton, Florida; an office project currently comprised of a 108,000 square foot tower on a 9.5 acre site in the preliminary planning stages for a 480,000 square foot mixed-use development. Sunbelt Corporate, owner of 800 Corporate Drive, Fort Lauderdale, Florida - a 121,300 square foot building in Radice Corporate Center. · TCF National Properties and The Aspen Exchange Corporation, owners of The Exchange, 3306-3363 Commercial Boulevard West, Fort Lauderdale, Florida; a 183,000 square foot, five building garden office project. · Raymond D. Nasher Company, owner of NorthPark I, II, III, IV, North Central Expressway, Dallas, Texas. Tenant Representations (Partial LisO: · Gibson, Dunn and Crutcher- 63,500 s.f. of leases. · Kimberly Quality Care - 28,640 s.f. of leases. · John Hancock Financial Services - 18,000 s.f. of leases. · Whirlpool Corporation (Mastercraff Kitchen Division) - 16,000 s.f. lease. · Late Oil Company - 22,000 s.f. lease. · Southwestern Bell- 48,000 s.f. lease. · Rockwell International - 12,450 s.f. lease. · Eastman Kodak- 3,880 s.f. lease. · Ford Consumer Finance - 6,200 s.f. lease. · MCC, A division of Cigna- 6,300 s.f. lease. · Mezzanotte- 10,209 s.f. lease. · Advest, Inc. - 5,214 s.f. lease. · Direct To Retail - 3,860 s.f. lease. · Mitsumi Electronics - 8,230 s.f. lease. Sales Transactions (Partial LisO: · Bridgeside Square - 2,500,000 "in fill" land assemblage at Oakland Park and the Intracoastal waterway; a public/private mixed-use development of 246 apartment units, 15,000 SF of retail; 30,000 SF of office; public/private garage parking. · 70 Inc. - 22 acres at Sunrise & Sawgrass, Sunrise, Florida; currently under contract. · Sundown Vitamins - $2,300,000; 60,000 s.f. office building sale; 851 Broken Sound Parkway, Hollywood, Florida. · First Union National Bank of Florida - $1,850,000; 82,077 s.f. mini warehouse facility sale; 851 Knights Road, Hollywood, Florida. · First Union National Bank of Florida - $525,000; 18,000 s.f. mini warehouse facility/land; 14216 Military Tail, Delray Beach, Florida. · First Union National Bank of Florida - $720,000; 28,900 s.f. mini warehouse facility/land; 900 Barnett Drive, Lake Worth, Florida. · First Union National Bank of Florida - $1,350,000; 3.27 acre marina/restaurant facility; 1500 NE 23rd Avenue, Pompano Beach, Florida. · First Union National Bank of Florida - $710,000; 50,000 SF warehouse industrial building sale; 3400 Gateway Drive, Pompano Beach, Florida. · The Cumberland Federal S&L - represented bank in the disposition of 560-units of apartments and 14 acres of access land - $14,800,000, Arlington, Texas. · Watt Family Trust- $2,580,000; 92,000 s.f. building sale, Houston, Texas. Career: 1994 - Present 1991 - 1994 1989 - 1991 Morris Realty Group Boca Raton, Florida Broker/Principal, Commercial Brokerage. Southcoast Partners Realty, Inc. Boca Raton, Florida, Commercial Brokerage. Cushman & Wakefield of Florida, Inc. Fort Lauderdale, Florida Commercial Brokerage. 1981 - 1989 Cushman & Wakefield of Texas, Inc. Dallas, Texas Commercial Brokerage. 1976 - 1981 Eagan Real Estate, Inc. Syracuse, New York Sales Associate. Education: 1985 - 1987 Attended: SMU, Costa Institute of Real Estate Finance, Edwin L. Cox School of Business. 1971 - 1973 University of Louisville, Louisville, Kentucky - Graduated with honors; BA Degree; Graduate Studies: Urban Planning. 1969 - 1971 Case Western Reserve University - Cleveland, Ohio - Dean's List. Wittenberg University - Springfield, Ohio. Other Accomplishments: 1973 - 1977 New York State Historical Preservation Grant Recipient for Museum Study/Technical Assistance. Grant Study in Small Town Revitalization, Library and Museum Sciences, Photographic Archiving from which I taught several workshops, seminars and courses in multi-disciplined areas of museum and local historical interest. 1973 Independent Research and Collaboration with Professor Walter E. Langsam published in The Magazine Antiques, "Louisville Mansions from Civil War to World War I" (April 1974. Vol. CV, Ns 4, pp. 855-869.) Board Positions: 1996 - Present 1975 - 1979 New Pines Foundation, Inc. - Board Member. Manlius Historical Society and Museum - Founding Member and Member of the Board of Directors. Professional/Civic Organizations · CREW (Commercial Real Estate Women) · NAIOP (National Association of Office and Industrial Parks) · South Florida Office Brokers · Realtors Association of the Palm Beaches, Inc. · ULI (Urban Land Institute) Boca Raton Chamber of Commerce Palm Beach Historical Society National Trust for Historic Preservation · The Norton Museum of Art; The Elizabeth Norton Society References: Available upon request. MORRIS REALTY GROUP December 1, 1998 Ms. Pat Warren Executive Assistant City Clerk's Office City of Delray Beach 100 N.W. 1st Avenue Delray Beach, Florida 33444 Re: Vacancy on the Planr~,,g and Zoning Board Dear Ms. Warren: Chris Brown, Director of the CRA, was kind enough to call and pass on your November 20, 1998 letter regarding the City of Delray Beach Planning & Zoning Board anticipated near future vacancy on its Board. Mr. Brown feels that I am well qualified to serve on the Board. Please accept this letter along with the enclosed City of Delray Beach Board Member Application and my resume as an indication of my ardent interest in being considered for the appointment to the Board at the time the position becomes available. I understand the purpose of the Board is to monitor and oversee the effectiveness of the Comprehensive Plan, to serve as an advisory body to the City Commission with respect to I~nd use items such as a.nnexations, zoning issues and conditinn,.al uses and that meetings will be held twice a month. I appreciate the opportunity to be considered for this important appointment to the Planning & Zoning Board. I firmly believe that my extensive and continuing educational background, community involvement, familiarity with the process and duties of the position and 22 years of successful Real Estate experience, noted in my enclosed resume and application, make me uniquely qualified and an ideal choice for this position. Thank you for your consideration. If you have any questions or would like additional information, please contact me at 278-1123 or 368-9820. Sincerely, Elaine H. Morris Broker/Principal 150 E. Palmetto Park Road · Suite 750 · Boca Raton, Florida 33432 · Phone (561) 367-0033 · Fax (561) 276-5577 MEMORANDUM TO: FROM: SUBJECT: DATE: MAYOR AND CITY COMMISSIONERS CITY MANAGER ~ AGENDA ITEM ~(..i - REGULAR MEETING OF AUGUST 21, 2001 APPOINTMENTS TO THE BOARD OF ADJUSTMENT AUGUST 17, 2001 The terms for Bernard Federgreen and Randee Schatz, regular members on the Board of Adjustment, will expire on August 31, 2001. Mr. Federgreen and Ms. Schatz have both served one (1) full term. Both are eligible and would hke to be considered for reappointment. Also, the terms for Janine Dabney-Battle and Chfford Torres (alternate members) will expire August 31, 2001. Ms. Dabney-Battle was appointed to the Site Plan Review and Appearance Board, therefore she ~s not eligable for consideration. Mr. Torres ~s ehgible and would hke to be considered. A list of current board members and attendance records are attached for your informaUon. To qualify for appointment, a person shall either be a resident of or own property, own a business or be an officer, director or manager of a business located v~thin the c~ty. The term is for two (2) years, ending August 31, 2003. The following have submitted applications for consideration: John Baccari Bernard J. Federgreen (incumbent) Benjamin E. Ricker Randee Schatz (incumbent) Clifford Torres (alternate) Jilhan M. Woelkens (also applied for BOCA) A check to confirm that all excepnon of Clifford Torres, conducted. None were found. are registered voters was completed; all were registered wath the Jr. Also, a check for code violauons and/or mumclpal hens was Based on the rotation system, Commtss~oner Levinson (Seat #5). the appointments will be made by Commissioner Archer (Seat #2), #3), Comrmssioner McCarthy (Seat #4), and Mayor Schrmdt (Seat Recommend appointment of two regular members and two alternate members to the Board of Adjustment for two year terms ending August 31, 2003. boaxdcomrmssxon memo boa 8 21 01 08/01 BOARD OF ADJUSTMENT TERM EXPIRES REGULAR MEMBERS TELEPHONE 08/31/2002 Cheryl Lee-Bennett, 2nd Vice Chair, Educator Office: 279-1757 Appt. reg. 8/1/00 3211 Sherwood Blvd. Home: 495-9978 Delray Beach, F1 33444 Cell: 573-6837 08/31/2001 BernardJ. Federgreen, Construction (ret/red) Home: 272-6213 480 A High Point Drive Delray Beach, FL 33445 08/31/2002 Jay B. Little, Sign Contractor Office: 278-7814 Appt. 8/1/00 375 N. E. 3rd St. Home: 561-832-6698 Delray Beach, FL 33483 Cell: 561-441-0097 08/31/2001 Randee S. Schatz, Chair Attorney Office: 561-833-1846 935 Jasmine Drive Home: 274-0010 Delray Beach, Fl. 33483 Cell: 561-601-7880 Fax: 561-833-1881 08/31/2002 Gregory Young, Vice Chair Attorney Office: (561)820-0244 Reappt. 8/1/00 1340 NW 3rd Ave Home: 243-9092 Delray Beach, FL 33444 Fax: 561-655-8719 ALTERNATE'S 08/31/2001 Janine Dabney-Battle Real Estate Cell: 716-4376** 3850 Lowson Blvd. Office: 735-4449 Dekay Beach, FL 33445 Home: 637-8778 Fax: 637-8176 08/31/2001 Clifford E. Torres, Jr. Zoning Officer Office: 393-7793 1845 Palm Cove Blvd. Apt 301 Home: 274-0938 Delray Beach, FL 33445 Fax: 367-7049 Contact: Karen ScheH x-7056 Bom'd O0 Boardo f. Adl u~ment L~st P. BOARD MEMBER APPLIGATION Please type or print ',,he following information: 1. Last Name:: Bacca=~ 12~ Hom~ Add:ess: 112 N. E. Xst Avenue 3. I.cgal Residence ~'.-Principal Bushless Address: Name John Delra~, City City Stale Smt. e S~at¢ Il'Middle Initial Zip Code -, ~3i'p6~od'e-~ Itomc Phonei 243-0055 Zip Code B~ines$ ?ho~e~56~_832_9~lo l Fsa~i-s~2-s876 What Board(s) are you interested ia serviaff~ Sire Plan Reviev .& Appearance Board List aJI City BOards on whIich yOU arc currCntiy serving or have p~viously served: {Please includ~ dates) Board of Adjust:mona - 1991-1993/1995-Present-term expires ,8/31/00 Board of Construction Appeals 8." £ducaiiona! qualifications: B. i. in archlcecture, Syracusa University 9. '£ist any related proferaioMl certifications and licenses which you hoed: Registered architect; General Contractor and Licensed State Inspector !0. Give your present~ or most recent emplo~ l 1. Describe ' skills or knowledge which quality yOu to tm-ye on this board: (Please attach a brief resume) ~:~fI'~.,T ~ cc:wIn4,E-RGI~tL, I:'RO~ INiXl'o~.Vt,'~I I hereby certi~ that ail the above statements are true, and I agree and understand that any miJ~staternent of rnaterfai fac~ contained in this application may cause forfeiture upon rny part y receive. _. ,d' SlCNATURE/I /~ ] \. ~l]~e[ This aPPlication ~li remafn on file in the ClaimingS,~ ~-~ submitted. It will be the applicant's respo~ibltit~i6-eMb~'-t ( JUN 1 3 2000 ~I' RII[l)~l'iOd Oir2 years from the date it ~ra.s J M a current application is on file. CITY CLERK .'1J4-13-2~ 13:4? $61 243 15~'?4 9&:4 P.~ DELRAY BEACH NI-America City BOARD MEMBER APPLICATION 1993 2001 Please type or print the £ollowing ~n£ormadon: 1. ].~st~: ~ 3. ~ Rcs~dcnfc: 4. P~cip~ B~ess Ad.ess: State Zip Code _ State Zip Code 7. ~Bo~d(s) ~e ~u ~terested ~ se~g? Please ~ ord~ ~f preference: t ~ C~, Board~on w~ch y~u~e ~enfly se~mg or have pr~ously se~ed: ~lease include dates~ /~ 11~423ive y. gur presenh~ most recent employer, an{ p. osition: ~., / 12. Describe e~enences, s~s or ~owle~ whch qu~ [ou to s~e on ~s bo~d: ~lease amch a bhef resme I hereby certif3~.~ the above statements are true, and I agree and understand that any rmsstatement of material facts con~~'g~31ica~n_ may cause forfeiture upon my part of any appointment Ira ay receave. the Cx le£k's Omce r~ ~t~:~ submitted. It will be the applicant's responsibility to ensure that a current application CITY CLERK 08;05;01 WED 16:55 FAX 561 24,3 3774 CITY CLERK 1~1002 BOARD MEMBER APPLICATION 1993 2001 ..,Please type or print the following inf'orm~6.o~- I /¥,,: ix ~7,~ 2. ~Iomc Ad&ess; ~, ~ Cr~ . ~ . State Zip Code 4. Prmcip~ Business Address: G~ State Zip Code 5. Home Phone: B~mess Phone: E-M~Ad&ess: CeU Phone: F~. 6. Arc you a re~tercd v~ter? If so, where ~e you re~stered? 7. X~r~d(s) are you mt~eseed M s~ng? Please Est in order of preference: / (~.'.~ , ~,~ 9. Ed~onfl quotations. , .,. [ , · / 10. ~st azy rehted professmnfl cer~ficafions and ~censes which you hol& 11. G~ve yo~ prcsen~ or most recent empl°yer, and 12 Descdbc c~c~ or knowle~c ~u~ qu~ you to ~e on ~s bo~& ~l~e arta~ a bne~ reset) I ~czcbf ce:~,'&~ aWthe above stxtemcnt~ ~e ~e, ~nd I ~ee ~d unde~t~d d~t ~y/~s~temcnt ~f mate~zl f~c~ canton,d//m ~s~~~~a hcafion ay duse ~or&i~c upon my part of~y appointers,/I ~y retire. ~,6~,~ ~ - RECEIVED ~ .... 7 Note: This apphcatxon will remain on file in d~Lt~tylGje_~lJJ~ffice for a period of 2 y~s from ~c date it was subn~=ed. It ~ be the app~c~t s respons~b~m to ensure ~at a c~rent appUcafion N on file. RTW ,vc. MARCH 19 87-~lZ:SEZqT ~TE PR~IDI~qT. I~IW, Risk Managers was organized tx> provide risk management funct, tons such as risk financing and loss ~c~t. rol for l~tustr/es within the realm of light manufacturing. The Motive for ~ cc~pany's operation was to fill the risk manage- merit xequir~ent for ccmi~nies whose size would normally preclude them frc~ h/ring a risk manager. ~'XOB~%1982'MARCH, 1987 CCRPORAT~ VIC~ FR~ID~'~ OF B.D.~,~. Res~s~le for new bus~s pr~uctt~. To ~~ a valle ~rk~g ~lati~htp wi~ present ~ies. ~utive Vi~ P~si~nt ~d Dir~r of ~le ~s~ta~s S~dicate,lnc. of ~ ~s~ ~ch~ of ~ ~rtcas, ~, Flort~. El~d ~er Tr~su~r of t~ I~~ ~~e of t~ ~rt~s' B~ke~ ~s~tlo.~, ~c. B~ F. RICKER & ASSOCIATES irt. Lauderclale, Fl. ~~, 197t-October, 1982 Ben F. Ricker & Associates operated as a c, mn~rcial general Rl~I~nr.~. INSURANC~ CII~ANY Columbus, Ohio JAI~AR¥ 1977-'D~iD~ER, 1978 National Director of Marketing. r~sponslble for direct merket, tn9 and contract negotiation w~th Independent Insurance Agents through- out the United States. Managing sales force within the cxxnpany creating a total of 83 a~ency appointr~nts and producing 2.6 mtllic~ dollars in volum~ over the 12 re:nth period. -1- P.O. BOX 83-204~ · DEI. RAY ta6ACH, FLORIDA ~ · (305) 794.7"35 RTW ; ,vc. I~t~K MANAGEI~$ SELF ~ch, 19?6-~anua~7 1977 Consultant to ccr~ercial I:~nks, large re~all risks in the £ields of rip manage~_nt, general insurance self insurance programs. Worked with insurance agencies in the fields of sales motivation, vali~aticm requirements for new sales l~le ~.~d agency manag~ent. RICK~I~ AG~CY, INC. COCC~ Beach, Florida Jtme 1953-March 1976 Started in ~eneral insurance sales. Became President of the ccr~any responsible for administration and sales. Agency vol~e £ncr~s~fl in this period from $132,000 ~er yeaz to over $700,000 per year. -2- P.O. BOX ~B3-204~ · OELRAY BEACH, FLORIDA RTW ,NC. I. Found/ng Presi4ent of American Protective Li[e Insurance Co. ~ave valuable knowledge tn the field of agency acqu/siti~n. 2. Mem~r of the Florida Association of Independent Insurance Agents. ~ cn the Agency Managemant C~,,,~ttee for 4 ~ears. 3. Charter President of Central Brevard Independent Agents Assoc. O'mrtar Presl4ent of the Agents Advisory Board for F~ial Fi~ & ~lty ~ur~e ~. T~s ~iled a c lo~ ~r~9 ~la~s~p wl~ ~y ~~ntativ~. Tra~l~ ~ S~te of Flor~ ~ ~s~s ~y p=~=~ ~d c~ges ~ ~t~ ~ ~ts. Taught general insurance at both ~igh School and Junior College level. CIVIC, SERVICE ;~-~IV~T/ES. Cocoa Beach Chamber of Ccnwer=e ~i~t a Vi~ P~si~nt S~te Vi~ Presl~nt Florl~ J~lon ~r of C~,~e ~ ~h Vl~ ~yor ~4 ~ ~h ~r of C~e ~d of Dir~ for 6 ye~s. P~sl~t for ~e ~ar. Brevard County Planning & Zoning Board for 4 years COCOA BEAC~ Jun/or Chamber of ~ Chamber Of C~m=r~e Bertha Club ~.0. BOX ~3.;~41 Febru~-y, 1951 - June 19.53 · D£LRAYBEACH. FLORIDA 334a3 Sent By.: RANDEE S SCHATZ,PA; 561 833 1881; Aug-9-01 11:35AM; DELRA¥ BEACH BOARD MEMBER APPL, ICATIOH 1993 2001 Page 212 Home"Add~ess: ~C. ky 4. P~ Busmes~ Ad~s: ~W Sa~ ~ Code 5. Homc Phone. B~css Phon~ E-~Ad&~s: ~ Phone: 7. ~ac ~d(s) a~e ynu mce~cst~ m s~g? P~e ~st ~ ozd~ ~f pzef~c~ 8. ~st :~ Ci~ Bo~d[ on ~ you ~e ~ s~ o~ hz~e p~ously se~& ~k~¢ include datm) 10. List =l~ related prof~smnM &~fic~fio~ zad ~cc~ ~h You hold: 11. Givc vo~ pres~ ~ most ~c~t ~ployer, ~d posi~on: 12. Descr:be ~te,, s~ or ~o~,~ ~ ~ you,~ se~e ~ ~ ~& ~tcase~ a ~ef r~um~) rhxs Ippllcudon will reaxxam on file tn the City Clc~'s Office ~o~ a p~od of 2 ye~ ~om ~e ~r~ ,~ ~ AUG 0 9 2001 CITY CLERK 'IIIi1[~ GITY OF DEI,.RAY BEACH qlI" BOARD MEMBER APPMCAI'ION Il. IX~ Name:: 2. Home Address: 1845 Palm Cove Boulevard Ap=. 301 3, L~-gal R~sid=nce 1845 ?al~ Cove Boulevard Ape. -4. Priz~c[paI Busmess Address: 20[ %,7. Palmel;co Park Road ..... 5, Home PhOne: " ($61) 27&~938 ~. ~ ~o~(s] ~ ~ou i~s~d ~ ~? , Soar~ 0f Adjustment, ~la~ni~$ 301 Clifford Ci~' Delray Beach c~ Delra_y Beach Cicy boca ,l~a~on Busiz~ Phone: I Midl~?hltti~l 5~a~e I Zip-Code- Fl. 33445 s~ ~ zi~ Fl. J 33445 _ 5~t¢ Zip ~dc- 33432 393-77931F~I~ ~367-~049 (561) and Zoning Board, Code En~orcemen: $oa~d Lb, ,Il Ci~j Boar~ on which you ar~ cu~ently servinS oi~v¢ pr~dousij; served: (pleaSe i~clude da~e~ ; "/* , , .... $. £clu~afional Cl~alific. arioni:- Please see a~cached resame. List i~9 rela~ed pro~$sional certifirsrkas and licenses which you hold: Please see acta~ched resume. 10. G~ve you~ pre~en~ o: most recent ~ploye~, a~d P°Skian? Cil:y of Boca Ral:on - Develo?men. 1: Servi. ces Department - Zonin~ Offi. cer 11. Describe exptri~; ~ills or knowledge which qualif] you w sewe on ibis bo=d: (Plea ~nach a brief r~um=) Please see a~:ached resume. Z hereby certify that all rJ3e above $re~ements are Due, and I agree and understand that any misstatement of rnat_eri~al faces con¢ained In this appli~ffon may ~use fo~ei:ure Upon my pa~ of~~e. RECEIVED ~~ -- AUG O 3 2OOO - N0te:-This appLicatiOn will remai~ cm file iff [hi C[ffcl~rk's Office fo: a lXrioct of 2 yeaTS t'om T~¢ da¢ i~ ~ submi:ted, h will be thc applicant's tr. spo~b~ty to ~sure that a cut, tm application is o~ file. Clifford F~ Torres ~r. 1845 Pabn Cove Blvd., Apt. ~01 Detray B~:akh, Florida 33496 (561) 274-0938 Career Obi**live: Sk~l~ and Trainiug; gducaflou: Professional History: 01/9%11/98 To secure a challenging end respet~ble lx~fion in Ioc~1 government whh the Commmi~, Developmmt Department with reSlXeS~il~y for ccmprehmsive planning, zoning, land development, and growth managemem. Work done on WordPerfect, Mi~oso~ W'mdows, PowerPoint, W~ NT 4.0, l~i~o~ofl Ac~s. MicrosoR Word. Micro,,it Ex~ GIS lVlapping S~stem (Xterm/bCD 12), Ce~fied Level II "l=l~/da Associatio~ of Code Enforcement; Certified '~old~ School of Real £$1~te", Workshop~ relating w mtmicipal government, Fluent i~ French Florida Atlantic Uuivemity, Been Rat,n, Florida Completing a D.A. degre~ tn Public Admmistta,--ton Seminole Communit7 College, Orlando, Florida Ar~x:~es ,fAns- August 1991 City of Boca Ramn, Florida 7.~nim, Offtc~r in the Development Serv~ee~ Depamnem for the City ofl~oca Ratoo~ Florida. Primary responstbilifie~ include the administration of~e C~ty's zoning offi~ which facilitates the review ofpermtm~ and conditional land use aptxovals, the expediting of all oommercial and resident;si building permits. adm~on of the Ciw's strlngen! sign code, review and approval of sign permits, and FI:MA mandated flood zone compliance r~vicw. Other ~ duzies and responsfoLlities include: * Review perm~! and ~d~onal ]and a approvab of le ~ ~ C~ C~. Ad~L C~ C~dL ~d ~ ~~ ~evel~t Ag~. ~~le f~ ~e ~~ ~d ~c renew of aH m~i-~ily, ~d ~ ~ o ~ ~clude ~g ~~ ~c~g r~e~ng app~mfi~ f~ d~ ~d i~d~ ~it~ ~ wall ~ p~g ~ ~ph~s. ~ ~ ~ r~s~ b ~e ~~g of~d ~i~ ~d ~g ~e Ci~s ~~ ~. Orange County Gov~rnmtnt, Florida Permit Analyst for the count Zoning Divisioa. Primary ~zk~ included: Supa'vise md participate in the malysis of site plans znd m'ehiteawel do.merits for all types of development, to determine ,;xanplian~e with applied. Zoning Regulations. References: · Review and prooess ~pplir.~iorcs for the Bmrd of Zoning Adjustma~, Phnni~g & Zoning Commlsslm; as well as sss~ in ~he pr~ar~ion of · ^ssis, in u% preparation of special projects ~d r~x~s rcla~l to thc de~elopmem and ,dminiswation of County land use and developmem · Maimain c~rrespond~oe whh developers, commtmity zrganizafio~s~ ~d chizees ~ d~velopmems pn~'~_ __d ~,iltxi~ ~be ~ou~'y. · Ass~ ~h¢ public and saff~ resolving ~be mos~ complex probkms relative to d~¢ impl~me~ion of Zo~i~ · Vas~ knowlexl~e ofd~ developmem review procedures a~d prances. ,,, Reprieve of the Zoning ~ent in ~e ~luc~/an of ~he ~ bet~ known es ~b¢ '~itlzens Acedemf. THR Tec~miml Inc., Sauford, Hor/d~ · ~ ~nd mamg~cl ~h~ shipping ~ inve~ory depe.nm~xs for ~he company (lO employees). · Coml~ny mpresznu~ive in _eo~__~h Florida 13istric~ for ~he ~lx~i~s of their products. Member of the Florida Planning ~cl Zoning Assaciatien Mem~ ofgae Fkrida AssocA~ of Code Enforoemem, Inc. Mm~ber of the American $~_~ Association Member offla¢ Gold~as~ Soccer Association Available upon reque~. 07/:1.2/01 TR'U 10:07 FAX I}Ol. 24~ 3';'74 CITY CL,EPJ[ DELRA¥ BEACH ~ CITY OF DELRAY BEACH IIII MEMBER APPLICATION 1993 2001 ~001 Plc~se ~pe Or ~t ~he £o~/o~6.ug infonnafio= , _ 'I. Est Nam= Woehlkens Nme Jillian State 2. I-lomeAddres.~: 306 N.W. 7th (i{[7 Delray Bch FL 3. Tx~ral Residence: Same CA[7 State Principal Busi~c-s Ad&ms: 205 George Bush BLVD CAw Delray Beach FL M 3'M 3Z~P4 Code 44 Z~p Code Zip Code 33444 274-93~sl 276~6011 i jwoehlkens@ } have ~kea in | In th% -proces% recently just changedaddr~. I 7, ~--~at~~uiA=c~tcd'~*e~h~g?P~ase~s'~ ~ero£pref==ce: Deira9 'Bch ~or a cou~q of years~However_IJla_v.~ into the I [H P~.B and p & Z, and S.P.R.A.B cr~ently moved ]5'o~...~ ~¢~. . y. , 8. List ~11 ~w~Bo~__on ~ich~~u .ce m~mfly~_sc~g ~ h~e p~o~t~ s~ed: ~]~c ~dudc dtt~) [ None at present time. Il 9. Bdtz~do~l qu~mdon,: ,, B~. in Architectural Architecture. Minor.in Art 10. List ~r,y relatcd pto£essionsl certi6c~ttiort; md Hcen,~ which you hold: None at present tqm~_ 11..Give your present, or rncmt recent employer, and position.' ' ' Zlioploulos & Associates, Graduated Architect ........ ormer ~ Present work experience under current board member of - ' 8.P.R,~.B. Extremely~edicate'd & eager to enhance my knowledge an skills especially related to community as w~ as cultural l~su~ pertaining to'future endevor~. submittgd. It ~ill be the applicanI'l responsibility to ensure tb~t a current spplicafion is on file. RECEIVED J U L' 1' 3 2001 CITY CLERK ELIOPOULOS & ASSOCIATES, INC. Arghitects, P~nners & Interior Designers AA0003179 JILLIAN M. WOEHL S 205 George Bush Blvd. 33444 Phone: 561/276-6011 Fax: 561/276-6129 E-nmil: t, oc~,aol.com OBJECTIVE EDUCA~ON WORK EXPERIENCE SKILLS A~-iiViTIES INTERESTS To obtain a position on thc City of Delray Beach's Historic ~on Board to farther donate my ext~ence n_nd dedigated op/n/ol~ a~ well a~ ~ain th~ ~ence alld icnowledge that will e~halwe the fllture of Delray Norwich University- North6eld, Vermont M~ters of Architec~re, Bachelors of Science in Architectural ~tudies May 2001 Minors in Engineering and Art · Recipient of Leadership Scholarship for Olltst~nding extraolrficulnr agtivities all four y~ars. · One of a four person team to design and build an addition to existing home in a design-build studio. EUo~o~ & ~ DeL, ay Beach, FL ~/00 - Present project A~hitect- work on consm~on documents for both residential & comm_~'ial projects, coordinnte projects & delegate projea ~. prepare presentation drawings and assemble woddng draw/ng packages for obtaining building permits. Acquire field measme~ents to then be placed on CAD, produce general office needs, clieat interaction, & construaion administration Norwich University, Northfleld, VT 1996 - 5/01 Work Study Program - Hold three pos/fions simultaneously Ar~hitcaure Devamnent Proctor - proaor for studio, attend meeting, ~ort problems to deparm~ Administrative Assistant for Swim n_nO Soccer Coach - recruit prospective _nthletes, database manngement, office clerical support. Adminigtrative Assistant for Hgckev Coach - database m~m,gement, office clerical support, mzruit prospective athlms. JCPenney Co., Inc., Berlin, VT 12/99 - 5/01 Cashier - sell store items to public, provide q~mlity customer service, direct indivi~m!s to appropriate offices for problems, set up displays, conduct inventor, b~hnae cash drawers. A, LD. Model~ Inc., Washington, NJ 9]95 - 7]96 Assistant - constructed tree% plants, furniture, etc.., for mlniaRLr~ s~l~! nggleis, worked with gasting machines for miniature ao:~sories, assisted set up on larger scaled architectural models for * Equipment - blueprint machine, variety of woodshop and indiv~dnnl power tools, some engin~n~ 8nd_ ~ instruments. · Computer - AutoCAD, Microstation, Studio Max, Mechnnical Desktop, Microsoft Word, Excel, Word Perfect, Medic Compmer. · Norwich University Women's Soccer Team -Co=Captain 1,2,3,4 · AlAS - Member 1,2,3,4,5 · Girl Scouts - recipient of gold and silver nwards, highest honors ~ttalnahle · Architecture Competition - 2nd place for design and construction of scaled model REFERENCES Available upon request