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Agenda Reg 11-06-01City of Delray Beach Regular Commission Meeting Tuesday, November 6~ 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 hmlt discussmn rests with the Commission. Generally, remarks by an individual will be limited to three minutes or less. The Mayor or presiding officer has discretion to adjust the amount of time allocated. A. Public Hearings: Any citizen is entitled to speak on items under this section. Comments and Inquiries on Non-Agenda Items from the Public: Any citizen is entitled to be heard concerning any matter within the scope of jurisdiction of the Commission under this section. The Commission may withhold comment or direct the City Manager to take action on requests or comments. Regular Agenda and First Reading Items: When extraordinary circumstances or reasons exist and at the discretion of the Commission, citizens may speak on any official agenda item under these sections. 2. SIGN IN SHEET: Prior to the start of the Commission Meeting, individuals wishing to address public hearing or non-agendaed items should sign in on the sheet located on the right side of the dais. If you are not able to do so prior to the start of the meeting, you may still address the Commission on an appropriate item. The primary purpose of the sign-in sheet is to assist staff with record keeping. Therefore, when you come up to the podium to speak, please complete the sign-in sheet if you have not already done so. 3. ADDRESSING THE COMMISSION: At the appropriate time, please step up to the podium and state your name and address for the record. All comments must be addressed to the Commission as a body and not to individuals. Any person malang impertinent or slanderous remarks or who becomes boisterous while addressing the Commission shall be barred by the presiding officer from speakang further, unless permission to continue or again address the Commission is granted by a majority vote of the Commismon 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 a~ds and servxces to afford an mdivldual with a chsability an opportunity to participate m and enjoy the benefits of a servxce, program, or activity conducted by the C~ty. Contact Doug Randolph at 243- 7127 (voice) or 243-7199 (TDD), 24 hours prior to the event m order for the Cxty to accommodate your request. Adaptive hstenmg devices are available for meetmgs in the Comnussion Chambers. 2. 3. 4. 5. ROLL CALL. INVOCATION. PLEDGE OF .~! J.EGIANCE TO THE FLAG. AGENDA APPROVAL. APPROVAL OF MINUTES: · Regular - October 2, 2001 · Regular - October 16, 2001 PROCLAMATIONS: ProcLaiming November 2001 as "JOEY BERGSMA RETINOBLASTOMA AWARENESS MONTH" PRESENTATIONS: A. Presentation by the South West President's Association B. Employee Suggestion Award to Robert Bullard, Utility Maintenance Manager C. Employee Suggestion Award to Clayton Gilbert, Utility Supervisor D0 Advisory Attendance Committee (ABC) Proposed Boundaries for Delray Beach schools for 2002 CONSENT AGENDA: City Manager Recommends Approval. FINAL PLAT APPROVAL/SIEMEN$-EVERT SERVICE CAMPUS; Approve the boundary plat for Siemens-Evert Service Campus, located on the southwest comer of SW 42 Street and Swinton Avenue, which provides for dedication of right-of-way on SW 3~d Avenue. SUBDMSION PLAT APPROVAL/CULlIGAN; Approve the subdivision pht for Culligan Plat, located on the west side of U.S. Highway No. 1 (southbound), just north of NE 42 Street, which provides for the creation of two lots, and dissolution of a unity of title previously existing between four underlying platted lots. RESOLUTION NO. 66-01/ABANDONMENT OF A PORTION OF PALM TRAIL: Approve thc abandonment of a portion of Palm Trail, lying approximately 92' south of thc ccntcrlinc of Allen Avenue, adiaccnt to thc cast linc of Lot 25, and thc south half of Lot 26, Block B, Snow Hill Subdivision. .RESOLUTION NO. 67-01/ABANDONMENT OF I, ITILITY EASEMENT/VISTA DEL MAR DRIVE: Approve the abandonment of a 5' utility -2- 11-06-01 F0 Ho L0 Mo easement within Lot 15, PLat of Delray Beach Esplande, located on the south side of Vista Del Mar Drive and the Intracoastal Watenvay. REOUEST FOR SIDEWALK DEFERRAL/A&V DEVELOPMENT CORPORATION (JASMINE DRIVE): Approve a request from A&V Development Corporation to defer the installation of a sidewalk in front of 3111 Jasmine Drive (Tropic Isles Subdivision). FLORIDA DEPARTMENT. OF TRANSPORTATION (FDOT) PERMIT & HOLD HARMLESS AGREEMENT/RENAISSANCE VILLAGE: Approve the FDOT Utility Permit & Hold Harmless Agreement between the City and Renaissance Village for work performed within the state right-of-way (northbound Federal Highway south of NE 1st Street). HOLD HARMLESS AGREEMENT/TOWN SQUARE OF DELRAY ASSOCIATION; INC.: Approve a Hold Harmless Agreement between the City and Town Square of Dekay Association, Inc. for the installation of car canopies over parking spaces within an easement located at 75 NE 6~ Avenue. SURVEY CONSULTING SERVICES AGREEMENTS: Approve the list of firms recommended by the Selection Committee to provide Survey Consulting Services. All agreements are subject to review and approval by the City Attorney. INTERLO~AL AGREEMENT WITH SCHOOL BOARD OF PALM BEACH COUNTY/ATLANTIC. HIGH SCHOOL BALLFIELD$ MAINTENANCE: Approve an Intedocal Agreement between the City and the School Board of Palm Beach County for the City's use of the ballfields at Atlantic High School as well as each party's participation regarding the maintenance of the ballfields. AMENDMENT #1 TO THE CLINICAL SERVICES AGREEMENT/DR. RANDAI-I. WOLFF: Approve Amendment #1 to the Clinical Services Unit (CSU) agreement between the City and Dr. Randall Wolff to provide a place where all City employees may receive routine medical treatment, and the police and fire deparunent employees receive their annual physical exams on site. AMENDMENT #1 TO THE CASON COTTAGE LEASE AGREEMENT: Approve Amendment #1 to the lease agreement with the Dekay Beach Historical Society to include an additional 1925 historic bungalow style house to be located on the Cason Cottage property. The City will assume responsibility for exterior maintenance only. AMENDMENT #3 TO THE LICENSE AGREEMENT WITH DELRAY BEACH A~ADEMY/POMPEY PARK FACILITIES; Approve Amendment #3 to the License Agreement with Dekay Beach Academy for use of the facilities at Pompey Park, extending the agreement to June 15, 2002. WAIVER OF CONDITION IN CONTRACTS REGARDING BARWICK ROAD SCHOOL SITE: Approve the waiver of condition in several contracts 11o06-01 O0 P0 Qo Ro regarding the Barwick Road School Site; that all parcels need to be under contract within 60 days or any party may cancel the contract; providing that the City may continue to secure agreements with others. COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) SUB- RECIPIENT FIJNDING AGREEMENTS: Approve and authorize the execution of funding agreements with seven (7) subrecipients (Alpha Time Children's Center, Community Child Care Center, Community Neighborhood Helping, Delray Phoenix, Inc., Fair Housing Center of Greater Palm Beaches, Inc., MAD DADs of Greater Delray Beach and Urban League of Palm Beach County) under the Community Development Block Grant (CDBG) program for FY 2002, with the total funding in the amount of $134,650 from various accounts within the CDBG fund. SPECIAL EVENT REOUEST FOR 2~a ANNUAL DELRAY BEACH THANI~(3IVING ART FAIR: Approve a special event request to hold the 2"d Annual Delray Beach Thanksgiving Art Fair on November 24~' and 25~ from 10 a.m. to 5 p.m., to grant a temporary use permit per LDR Section 2.4.6(It) for the closure of NE 2~° Avenue, from NE 1st Street to NE 4~h Street, and to authorize staff support for traffic control and security. SPECIAL EVENT REOUEST/ART & JAZZ ON THE AVENUE; Approve a special event request and endorse the Art & Jazz on the Avenue scheduled for December 6th from 6 p.m. to 11 p.m. to grant a temporary use permit per LDR Section 2.4.6(I-t) for the closure of Atlantic Avenue from Swinton to NE 7th Avenue, the south side of Atlantic Avenue from NE 7* Avenue to just past the Blue Anchor Pub, Railroad Drive from Atlantic to NE 1st Street, and NE 2"a Avenue from Atlantic to NE 2nd Street, and to authorize staff support for traffic control, security, set up and clean up. REVIEW OF APPEAI-ABLE LAND DEVELOPMENT BOARD. ACTIONS: Accept the actions and decisions made by the Land Development Boards for the period October 15, 2001 through November 2, 2001. AWARD OF BID~ AND CONTRACTS: 1. Purchase award in the amount of $206,314.94 to Presidio Corporation, for professional computer services and equipment (backbone infrastructure) to be used in various departments. This emergency purchase was made to take advantage of a 37% cost savings. Funding is avxilable from 334-6112-519-64.40 (Backbone Infrastructure). 2. Purchase award in the amount of $24,821.85 to Presidio Corporation, for backbone infrastructure management software to be used in connection with the purchase of backbone infrastructure computer equipment. This emergency purchase was made to take advantage of a 37% cost savings. Funding is available from 334-6112-519-64.11 (Computer Equipment). 3. Purchase award in the amount of $25,517 to Electronic Services, Inc., for replacement of Pump N2 variable frequency drive unit located at the north pump station. Funding is available from 442-5178-536-64.90 (R&R-Other -4- 11-06o01 Machinery & Equipment). 4. Purchase award in the amount of $29,295 via the Broward County Co-op agreement #8998 to Safety Equipment Company for the purchase of 135 sets of replacement boots for use by Fire Department personnel. Funding is available from 115-000-248-64.00. 5. Purchase award in the amount of $38,434.50 to Municipal Equipment Company for the purchase of 146 helmets for use by Fire Depat~nent personnel. Funding is available from 001-2313-522-52.22 for $1,350, 001-2315-526-52.22 for $18,000, and 115-000-248-64.00 for $19,084.50. 6. Purchase award in the amount of $31,132.00 to Dale Carnegie Training for Police Depar~nent training courses tided "Leadership Training for Managers" as part of a leadership training program for Command Staff. Funds are available from 115-2124-521-54.30 (Training/Educational Cost), as part of the Local Law Enforcement Block Grant 2001. REGULAR AGENDA: CONDITIONAL USE REQUEST/THE ANTIQUE EXPERIENCE: Consider a conditional use request to allow the establishment of an antique mall (bazaar) to be known as The Antique Experience, located at the southeast comer of East Atlantic Avenue and SE 5~ Avenue (southbound Federal Highway). Quasi-Judicial Hearing. CONDITIONAL USE MODIFICATION REQUEST/BETHEL EVANGELICAL CHURCH: Consider a conditional use modificafon request associated with the conversion of two single-family residences to administrative maintenance buildings, increasing the sanctuary seating from 204 to 270 seats, and construction of a stabili~.ed sod parking lot for Bethel Evangelical Church, located at the northeast comer of SW 8~ Avenue and SW 8* Court. Quasi-Judicial Hearing. CONDITIONAL USE REOUEST/PET NANNY; Consider a conditional use request to allow the establishment of a kennel to be known as Pet Nanny within the Park Ten Industrial Complex, located on the south side of SW 10~ Street, east of 1-95. Quasi-Judicial Hearing. PARKING LICENSE AGREEMENT/SOPRA RESTAURANT: Modification to the Parking License Agreement for Sopra Restaurant involving a request for the addition of two (2) parking spaces on the east side of SE 2nd Avenue, just south of East Atlantic Avenue, to accommodate the creation of a separate pick-up location. BID AWARD/COLONNA CONSTRUCTION COMPANY. INC.: Consider approval of a contract award to second lowest bidder, Colonna Construction Company, Inc. in the amount of $139,770 for the Community Improvement Sidewalk Project. Funding is available from 118-1965-554-63.11 (Bikepaths/Sidewalks). ESTABLISHMENT OF SANDOWAY PARKING LOT OFFICIAL CLOSING TIME: Consider establishing the official closing time for Sandoway Parking Lot as 9:00 11-06-01 10. 11. 12. 13. p.m., as recommended by the Parking Management Advisory Board. RATIFICATION OF THE WEST ATLANTIC AVENUE REDEVELOPMENT COALITION (WARC) APPOINTMENT TO THE PARKING MANAGEMENT ADVISORY BOARD: Approve and ratify the appointment of Evelyn Dobson as the West Atlantic Redevelopment Coalition (WARC) Board's representative on the Parking Management Advisory Board for a term ending September 30, 2004. RESOLUTION 6$-01/DESIGNATION IN THE FLORIDA RETIREMENT SYSTEM (FRS) OPTION; Consider the designation of the City Commission for inclusion in the Elected Officers' Class of the Florida Retirement System, as per amended Florida State Statute, Section 121.052(3)(e), effective July 1, 2001. PUBLIC HEARINGS: ORDINANCE NO. 54-01 (FIRST READING/FIRST PUBLIC HEARING): An ordinance amending Land Development Regulation Section 4.4.28(I2)) and 4.4.13(I3) and (I) to allow multi-family dwelling units at a density greater than thirty (30) units per acre, as a conditional use in the CBD-RC (Central Business District - Railroad Corridor) zoning district, between NE 2'd Street and NE ya Street. If passed, a ~Quasi-Judt'cial Public Heating will be held on November 20, 2001. (Ordinance No. 54-01 was tabled on October 2, 2001 to a date certain of November 6, 2001, subject to review of the Pineapple Grove Design Guidelines). COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS FROM THE PUBLIC- IMMEDIATELY FOLLOWING PUBLIC HEARINGS. A. City Manager's response to prior public comments and inquiries. B. From the Public. FIRST READINGS: ho ORDINANCE 58-01; An ordinance mending the Land Development Regulations Section 2.2.6(13)(2) regarding the composition of and special qualifications for the Historic Preservation Board. If passed, a public hearing will be scheduled for November 20, 2001. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS. A. City Manager B. City Attorney C. City Commission 11-06-01 OCTOBER 2, 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, October 2, 2001. 1_. Roll call showed: Present - Commissioner Pathcia Archer Commissioner Jon Levinson Commissioner Alberta McCarthy Commissioner Jeff Perlman Mayor David Schmidt Absent - None Also present were - Assistant City Manager Robert A. Barcinski City Manager David T. Harden City Attorney Susan A. Ruby City Clerk Barbara Garito 2. INVOCATION: Rabbi Suzanne Carter, Chaplain for the Delray Beach Police and Fire Department delivered the opening prayer. e The Pledge of Allegiance to the flag of the United States of America was given. e AGENDA APPROVAL. Mr. Perlman requested that Item 8.E., RenewaFLangton Associates, of the Consent Agenda be moved to the Regular Agenda as Item 9.A.A. Mr. Levinson commented about Item 8.K., Delray Beach Renaissance Program Subsidy of the Consent Agenda and noted that the agenda backup does not correspond to the amounts listed in the documents. Mr. Levinson noted a typographical error in the agenda memo backup and stated it references a dollar amount of $25,000 but is actually listed as $19,500. Mr. Perlman moved to approve the agenda as amended, 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. APPROVAL OF MINUTES: Mrs. Archer moved to approve the Minutes of the Regular Meeting of September 19, 2001 as presented, 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. e PROCLAMATIONS: 6.A. Recognizing and commending the Ocean Rescue Lifeguard Competition Team on their achievements at the 2001 United States Lifesavine Association National Championships. Mayor Schmidt read and presented a proclamation hereby recognizing and commending the 2001 Delray Beach Ocean Rescue National Champion Team represented by Chris Wiley, Regis Smeltz, Walter Baum, Amy Schwarz, Bethanne Schwarz, Mark Henkle, Shaun Gibson, James Newman, Jo Wagenhals, Tom Hemenway and Mason Pearce for their representation of the City of Delray Beach and offer them congratulations on a job well done in the 2001 United States Lifesaving Association National Lifeguard Championships. Rich Connell, Beach Supervisor/Parks and Recreation Department came forward to accept the proclamation. 6.B. Recoenizine and commending the Ocean Rescue Junior Lifeguard Competition Team on their achievements at the 2001 United States Lifesaving Association Junior Lifeguard National Championships. Mayor Schmidt read and presented a proclamation recognizing and commending the following Delray Beach Junior Lifeguards for their superior achievement at the United States Lifesaving Championships: Chelsea Fontes Keith Fontes Nicole Fontes Kaitlin Godden Molley Godden Jillian Kenney Ashley Manning Andrew Meeder Alyssa Teneyck And recognize achievements at the Southeast Florida on July 28, 2001: and commend the following Junior Lifeguards for their Regional Junior Lifeguard Competition in Pompano Beach, Michael Clark Chase Dunn Daniel Gagne Christian Heigard Lauren Herrington Zack Jones Casey Robertson Nicole Schappert Chris Schmitt Sarah Worch And recognize and commend Junior Lifeguard Instructors Operation Supervisor Steve Zickl and Ocean Rescue Officer Tyler Adams, and the entire staff of the Ocean Rescue Division for their commitment to the youth of the City of Delray Beach, and offer them congratulations on a job well done with the 2001 Delray Beach Junior Lifeguard Program. Steve Zickl came forward to accept the proclamation. -2- 10/02/01 6oC. Proclaiming October 2001 as "UNITED WE STAND MONTH" Mayor Schmidt read a proclamation proclaiming October 2001 as "United We Stand Month" in commemoration of the tremendous rescue and recovery endeavors in the City of New York, Washington, D.C. and the State of Pennsylvania; extending heartfelt sympathy to thousands of families and business owners who must begin again to rebuild their lives and who will be forever impacted by this senseless and tragic act of terrorism; and urging all residents of the City to "Stand United", pulling together to show a force of strength behind the greatest nation...our United States of America. ° PRESENTATIONS: None. CONSENT AGENDA: City Manager Recommends Approval. 8.A. FINAL PLAT/CARLSON-BLACK: Approve the final plat for Carlson Black, a two lot subdivision with an office building proposed on Lot 1 and a hotel proposed on Lot 2. The property is located on the south side of West Atlantic Avenue east of Whatley Road. 8.B. FINAL PLAT/PARKSIDE TOWNHOMES OF DELRAY: Approve the final plat for Parkside Townhomes of Delray, the project consists of 165 garden apartments and is located north of West Atlantic Avenue and west of Coral Trace Boulevard. 8.C. AMENDMENT NO. 1 TO THE AGREEMENT BETWEEN THE CITY OF DELRAY BEACH AND THE DELRAY BEACH PUBLIC LIBRARY ASSOCIATION~ INC.: Approve Amendment No. 1 to the agreement between the City of Delray Beach and Delray Beach Public Library Association, Inc. delineating the Association shall be solely responsible for the design and construction of the new library and selection of design professionals and contractors. 8.D° 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 September 19, 2001. 8°t° THIS ITEM WAS MOVED TO THE REGULAR AGENDA AS ITEM 9.A.A. 8oF. MUNICIPAL TAX CONSULTING AND MANAGEMENT AGREEMENT: Approve an agreement with Municipal Tax Consulting and Management to recover sales taxes that may have been paid to vendors. This is a contingency fee contract from a "sole source" vendor with a cost of 33.33% of total funds recovered. If no funds are recovered, than there is no charge for services. g.G. LEASE AGREEMENT BETWEEN THE CITY OF DELRAY BEACH~ -3- 10/02/01 BUCKEY DENT BASEBALL SCHOOL~ INC.~ AND TOUSSAINT L'OUVENTURE HIGH SCHOOL FOR ART AND SOCIAL JUSTICE: Approve the license agreement between the City, the Buckey Dent Baseball School, Inc., and Toussaint L'Ouventure High School for Art and Social Justice for temporary use of the baseball school's facilities from October 1, 2001 through December 31, 2001. 8.H. CONTRACT ADDITION/ROSSO PAVING & DRAINAGE: Approve contract addition to contract for Rosso Paving & Drainage in the total amount of $56,186.70 for the construction of a parking lot on Gleason Street across from the First Presbyterian Church ($30,501.00) and at the Environmental Services complex ($25,685.70). Funding is available from 115-000-248-01.00 (Parking in lieu of fee) for $30,501.00 and 442-5178-536-63.90 (Other Improvements) for $25,685.70. 8.I. SERVICE AUTHORIZATION #5/CH2M HILL (ANION EXCHANGE TREATMENT): Approve Service Authorization #5 with CH2M Hill in the amount of $107,127.00 for professional engineering services for pilot testing and preliminary design of the Anion Exchange Treatment System at the Water Treatment Plant. Funding is available from 442-5178-536-63.87 (Anion Exchange Project). 8.J. CONTRACT AWARD/EIMCO PROCESS EQUIPMENT COMPANY: Approve a contract award to Eimco Process Equipment Company (sole source provider) in the amount of $51,510.00 for the rehabilitation of Clarifier No. 4 at the Water Treatment Plant. Funding is available from 442-5178-536-64.90 (R&R-Other Machinery & Equipment). 8.K. DELRAY BEACH RENAISSANCE PROGRAM SUBSIDY: Approve fund subsidies for five (5) eligible applicants/families in thc amount of $19,500 for SW 8th Avenue, $18,000 for SW 3rd Avenue, $19,238 for SW 6th Avenue, $15,000 for SW 13th Avenue, and $15,000 for SW 13th Avenue. This represents 130-homeowner assistance under Renaissance Program. Funding is available from 118-1924-554-83.01 (SHIP Program). 8.L. RESOLUTION NO. 60-01: Approve Resolution No. 60-01 assessing costs for action necessary to abate nuisances on thirteen (13) properties throughout the City. The caption of Resolution No. 60-01 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PURSUANT TO CHAPTER 100 OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, ASSESSING COSTS FOR ABATING NUISANCES UPON CERTAIN LAND(S) LOCATED WITHIN THE CITY OF DELRAY BEACH AND PROVIDING THAT A NOTICE OF LIEN SHALL ACCOMPANY THE NOTICE OF ASSESSMENT; SETTING OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH ABATEMENT AND LEVYING THE COST OF SUCH ABATEMENT OF NUISANCES; PROVIDING FOR AN EFFECTIVE DATE AND FOR A DUE DATE AND INTEREST ON ASSESSMENTS; -4- 10/02/01 PROVIDING FOR THE RECORDING OF THIS RESOLUTION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE SUBJECT PROPERTY FOR UNPAID ASSESSMENTS. (The official copy of Resolution No. 60-01 is on file in the City Clerk's office.) 8.M. RESOLUTION NO. 61-01: Approve Resolution No. 61-01 assessing costs for action necessary for the emergency board-up of an unsafe structure located at 1331 NW 3rd Street. The caption of Resolution No. 61-01 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PURSUANT TO ARTICLE 7.8, "UNSAFE BUILDINGS", OF THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH, ASSESSING COSTS FOR ABATEMENT ACTION REGARDING AN UNSAFE BUILDING ON LAND(S) LOCATED WITHIN THE CITY OF DELRAY BEACH; SETTING OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH ABATEMENT AND LEVYING THE COST OF SUCH ACTION; PROVIDING FOR AN EFFECTIVE DATE AND FOR A DUE DATE AND INTEREST ASSESSMENTS; PROVIDING FOR THE RECORDING OF THIS RESOLUTION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE SUBJECT PROPERTY FOR UNPAID ASSESSMENTS; PROVIDING FOR THE MAILING OF NOTICE. 8oNo (The official copy of Resolution No. 61-01 is on file in the City Clerk's office.) REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Land Development Boards for the period September 14, 2001 through September 28, 2001. 8o0° AWARD OF BIDS AND CONTRACTS: Bid award in the amount of $758,382.00 to Insituform Technologies for trenchless sanitary sewer rehabilitation utilizing the existing Manatee County contract unit prices. Funding is available from 442-5178-536-63.51 (Sewer Mains). Purchase award in the amount of $21,293.00 to Electric Motors of Palm Beach for two (2) variable frequency drive units for replacement at Miller Park and the South Pump Station. Funding is available from 441-5143-536- 64.90 (Other Machinery/Equipment). -5- 10/02/01 e Approve a lease agreement for an annual cost of $38,541.12 with Enterprise Rent-A-Car to support undercover operations by the Police Department's Vice, Intelligence and Narcotics (VIN) Unit. Funding is available from 001- 2115-521-44.40 (Vehicle Rental/Lease). Contract renewal of various film and photographic supplies to Focus Camera at an estimated annual cost of $17,216.59 via the City of Boca Raton Bid//98- 110. Funding is available from various departments' FY 2001-2002 operating budgets. Purchase award to Special Products Group for the purchase of uniforms for the Police Department at an estimated annual cost of $67,710.25. Funding is available from all divisions 52.22 (Uniforms/Linen Service) line items in the FY 2001-2002 budget. Ms. McCarthy moved to approve the Consent Agenda as amended, seconded by Mr. Levinson. Upon roll call the Commission voted as follows: Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes. Said motion passed with a 5 to 0 vote. w REGULAR AGENDA: 9.A.A. CONTRACT RENEWAL/LANGTON ASSOCIATES: Approve extension of the Consulting Agreement between the City of Delray Beach and Langton Associates for a period of one year at a fee of $62,500.00. Mr. Perlman stated that he pulled this item and is happy to see that there is a termination clause in the agreement. Mr. Perlman stated he would like to see some results in 3-6 months or he will call for termination of their contract. Mr. Levinson stated he would like to have an amendment to the contract under Item //4 where it states: "The client shall report to the City or its designee on all matters concerning this agreement and the discharge of its scope of services." Mr. Levinson stated he would like to have a frequency identified monthly or quarterly and have the report go to each Commissioner so that they can get communicated with on a regular basis and stay updated. Mr. Levinson stated that perhaps they could put a grid in of how they stand on some of the grants they are applying for. Mr. Levinson stated this way the Commission would have a better understanding of how they are doing and when they are successful. He suggested that Item//4 be amended to specify the frequency and type of reporting. Mr. Levinson stated it could as simple as sending the Commission a grid monthly that can be updated. It was the consensus of the Commission to receive a written report monthly. Ms. MCCarthy commented on Item 2.B., Strategic Grants Plan Workshop before the City Council and stated she believes when they came to the Workshop Meeting that they were supposed to be giving the Commission a report of what they had done so far. Ms. McCarthy stated this would imply that they were going to give us an idea of what they were -6- 10/02/01 going to do the next fiscal year. The City Manager stated this would be his understanding as well. Ms. McCarthy asked when this would be? In response, the City Manager stated this would be before the next calendar year begins or before the legislature meets. Ms. McCarthy asked for clarification with regard to Item #2.F., Intergovernmental Relations with Federal and State Governments. The City Manager stated there are certain types of grants that are budget line item things, or in working with the administrative agencies at the State level. With regard to Federal, the City Manager stated it would involve working with all the various agencies that administer the grants. Ms. McCarthy stated that under Item #5 it states that..."If desired, Client can require a prior approval for travel expenses to be incurred by Langton. If Client so desires, such request shall be made in writing separate from this agreement. The notice shall require Langton to notify Client fifteen (15) days in advance of necessary travel expenses, unless said time is waived in a particular case." With regard to the words "prior approval", Ms. McCarthy commented that if this is not put in place she would like to see this put in place. Therefore, Mayor Schmidt stated the language change should read as follows: "If d~oir~, Client shall require a prior approval for travel expenses to be incurred by Langton." Mrs. Archer commented that when the reporting is done, she would like to see the number of grant opportunities and the potential dollar volume of opportunities that have been presented to the City. In addition, Mrs. Archer stated she would also like to see the number of grant opportunities and the dollar volume that the City has been able to receive so that the City has some measurement of what they have given us and what the City has gotten out of it. With regard to this report, Mr. Levinson stated he has envisioned that the report could list a particular grant, how much the grant is for, whether it is secured or not secured, and add language about where the City stands in the process applied for (i.e. "pending"). Mrs. Archer stated when the reporting was completed before, they had indicated that they presented so many opportunities worth "xxx" amount of dollars and we had decided to not take advantage of it for one reason or another. Mrs. Archer stated many opportunities can be presented but are they something the City wants. Mrs. Archer stated she would also like to know what we have actually been able to complete. Mr. Levinson moved to approve the consulting agreement with Langton Associates, Inc. as amended, 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. 0.A. RECONSIDERATION OF APPEAL OF THE SITE PLAN REVIEW AND APPEARANCE BOARD ACTION: Reconsider an appeal of the Site Plan Review and Appearance Board decision regarding approval of a Class V Site Development Plan, Landscape Plan and Elevations associated with the Hotel Vista Del Mar, located approximately 300 feet south of Atlantic Avenue on the west side of Ocean Boulevard, (State Road A-l-A). Prior to consideration of this item, a public hearing has been scheduled to be held at this time. Quasi- -7- 10/02/01 Judicial Hearing Mayor Schmidt asked the Commission to disclose any ex parte contacts. For the record, Mayor Schmidt stated he has spoken with Jess Sowards, Bob Currie, Michael Weiner, Gary Eliopoulos, and received an e-mail from Kevin Warner. Ms. McCarthy stated she has only received e-mails and has forwarded them to City Hall. Mr. Levinson stated he has only spoken to the same people that he talked to during the first round (From meeting of September 4, 2001: Mr. Levinson stated he had lunch with Bob Currie and a meeting with Michael Weiner and Perry DonFrancisco. In addition, Mr. Levinson stated he had a number of e-mails, which he has made available to the City Clerk). Mrs. Archer stated she has spoken with Michael Weiner, Fran Marincola, Jess Sowards and Susan Ruby. In addition, Mrs. Archer stated she has received several e-mails, which she will relay to the City Clerk's office. Mr. Perlman stated he too has received several e-mails and had a telephone conversation with Tom Lynch and Perry DonFrancisco. In addition, Mr. Perlman stated he had a meeting with Jess Sowards. The City Attorney stated all involved parties would conduct this item as a quasi- judicial hearing, which allows for presentations, the admission of documents into the record and public testimony. Barbara Garito, City Clerk, swore in those individuals who wished to give testimony on this item. The City Attorney noted that this item is a reconsideration of the appeal of the Site Plan Review and Appearance Board Action and the reconsideration of the City Commission decision. Paul Doffing, Planning Director, entered into the record the Planning and Zoning Department's project file #2001-008. Mr. Doffing stated this development proposal includes the demolition of the Bermuda Inn, which is a twenty room two-story motel along with its associated pool and parking. The new proposed hotel will contain 70 rooms and a private gym and spa. The use will provide 50 parking spaces accommodated on the ground floor and at the low-grade level. There will be a total of six floors including that sub-grade parking level and the structure will have an overall height of 48 feet. The proposal was considered by SPRAB on June 20, 2001 and July 11, 2001. The proposal was unanimously approved by SPRAB on August 8, 2001. The project has been modified during the course of the three meetings to address concerns of staff, the Board, and the -8- 10/02/01 general public. Mr. Doffing stated the approval included the granting of three waivers. On August 20, 2001, the Site Plan Review and Appearance Board's action was appealed by Michael Weiner, attorney for Perry DonFrancisco, owner of Boston's Restaurant (property immediately to the north). Mr. Doffing stated the City Commission on September 4, 2001 heard the appeal, and the Commission upheld the appeal and denied the project. At its September 19, 2001 meeting, the City Commission voted to reconsider the appeal. This reconsideration is based upon the presentation of revisions to the site plan. The revised plans address the major issue related to the appeal; the zero setback at the northeast comer of the site and its potential impact on the redevelopment of the property to the north. Since the denial by the City Commission, the applicant has worked with the adjacent property owners in an attempt to address those concerns. The primary concern voiced at the Commission meeting was related to the four rooms located at the southeast comer of the site. Mr. Dorling stated on the revised floor plan those four rooms on the second, third, fourth, and fifth level has been removed. The overall number of rooms of 70 has been retained by shifting the angle of the rooms and picking up another room on each side of each floor with two of the rooms being converted to a gym and spa area. The total of 70 rooms is consistent with what was originally approved. Mr. Dorling stated the east elevations have changed slightly. There is the addition of canopies along the ground floor and there is the modification of the four rooms on the north edge there, which have been removed. Mr. Dorling stated there is the addition of some trellises along the top floor and a parapet wall. There is a faux glass storefront element that is being placed in front of what used to be to the garage. The west elevation has changed slightly with respect to the north property line. Mr. Dorling stated you could see the elimination of the row of rooms from story two to story five. The north elevation has changed with respect to several elements. The faux windows are now rear windows with shutters. The angle of the rooms has been changed and there is now an additional room along that facade. There is a flat parapet proposed along the entire building versus the broken up one, which was originally proposed, and the windows between the rooms have been eliminated with the reduction of those columns. The south elevations have changed slightly with respect to the tower profile, which has been reduced. The rear windows have been provided where faux windows were previously, there are differing setbacks along the ocean, a flat parapet wall is proposed and windows between the room balconies have been eliminated. Mr. Dorling stated the original approval did include three waivers. The waivers included the following: 1. Approve a waiver to LDR Section 4.6.9(D)(c)(1), to reduce the required stacking distance for the Salina Avenue driveway entrance from 20' to 14'. Approve a waiver to LDR Section 4.6.14(A), to reduce the required stacking distance Avenue driveway entrance from 20' to 10' and at the Ocean Boulevard driveway entrance from 20' to 8', based upon positive findings with LDR Section 2.4.7(B)(5). -9- 3. Approve a waiver to LDR Section 6.1.3(B), to eliminate the required sidewalk along Salina Avenue. In closing, Mr. Dorling stated this presentation summarizes the changes between the previous plan and the new proposal, which is before the Commission for reconsideration. Mr. Dorling stated he has included the original Planning and Zoning Staff Report in the agenda packet for the Commission. Mr. Dorling stated he would like to enter the Planning and Staff Report into the record and noted that this is in the original file as well. Robert G. Currie~ architect with Robert G. Currie Partnership, briefly explained a rendering to demonstrate to the Commission what they were talking about in terms of setbacks. Mr. Curric stated there is also a recess setback on thc top floor including thc trellises and stated everything has been completed that is required of them. For example, they have setbacks on all sides of the building, which is not required under thc code, landscaping which is not required under the code, and no restaurant, which is allowed. Mr. Curric reiterated that everything has been done in compliance with the City Code and urged the Commission to approve this project. Michael Weiner, speaking on behalf of the appellant Boston's Inc., and Boston's on the Beach, Inc., read the following statement into the record: "We do not have an agreement with the owner; we do not an agreement with the applicant. We do have an agreement based upon these particular plans submitted tonight with Rosa Hotel Development Corp.; a corporation, which we are told, is controlled by Mr. Fran Marincola. It is our understanding that this corporation is the alleged purchaser of the property." Kevin Warner~ speaking on behalf of the Beach Proper0?' Owner's Association, stated the Beach Property Owner's Association continues to oppose this for the reason stated at the last meeting. Mr. Warner read the following statement into the record from the minutes of September 4, 2001, taken from the City's website: "Mrs. Archer stated she believes this sets a new precedent for the City of Delray Beach. She is opposed to the mass along the beach".... Mr. Warner stated that according to the minutes of September 4, 2001, the Mayor made the following statement: "Mayor Schmidt stated he does not feel the building as proposed is compatible with the area." Mr. Warner stated there is a new proposal before the Commission this evening and the staff report reads as follows: "the changes to the site plan are minor". Mr. Warner encouraged the Commission to stand by their earlier expressed opposition in terms of compatibility, size, and mass. Mr. Warner stated this is the beach area and is one of the top two or three prime assets of the City of Delray Beach. Furthermore, Mr. Warner stated if the City is going to maintain the village-like characteristics and integrity that various public and formal venues including Visions 2010, the master plan, etc. and if we are going maintain the integrity and standby those expressions of interest, then he encouraged the Commission to reject this proposal. John Bennett, speaking on behalf of Progressive Residents of Delray~ distributed a verbatim transcription of comments from Commissioner Perlman, Commissioner Archer, and Mayor Schmidt from the tape of the City Commission Meeting of September 4, -10- 10/02/01 2001. Mr. Bennett quoted the following comment made by Commissioner Perlman: "I don't believe the site plan is compatible and harmonious to adjacent properties because of its massive footprint". Mr. Bennett stated that Commissioner Perlman also made reference to the possible harm to our "village-like atmosphere". With regard to the summary of the plan, they have reduced the size of the building from 45,960 feet to just over 1,000 feet of which over half was on the top floor which amounts to just over two percent. Mr. Bennett inquired about this two- percent reduction in this large building and if it really takes away from the massive footprint and structure? Mr. Bennett stated the major change was to provide a 10-foot corridor on the property line above the second floor and asked if this takes away from the 48-foot high wall that was of such concern. Mr. Bennett urged the Commission be consistent with regard to their comments. Harvey Oyer~ Attorney with Gunster, Yoakley and Stewart in West Palm Beach speakin~ on behalf of Donald Robinson (residential owner of the property immediately adjacent to and behind the proposed project alone Salina Avenue)~ stated at the meeting of September 4, 2001, hc entered into the record the proposed footprint of this project. Mr. Oyer again distributed the proposed footprint of this project for the record showing that it takes up and creates an impervious area of approximately thc entire site, which is a four-tenths of an acre site. Mr. Oyer stated this is 170 per acre and creates a floor area ratio of 2.6. Mr. Oyer stated to put this in perspective 1.0 is a relatively high FAR and noted that this proposed project is 2 ½ times that. Mr. Oyer does not think the modification presented to Commission in any way addresses the issue that thc majority of thc Commission made their primary issue at the September 4th meeting, which is that this is too massive a project and it diminishes the value of the surrounding property owners including his client, and that it detracts from thc beauty and the streetscapc of our City. In conclusion, Mr. Oyer presented pictures to the Commission of the view that his client (Donald Robinson) will have from his home. Mr. Oyer stated Salina Avenue is the functional equivalent to an alley (24 ½ feet wide with a 1 O-foot setback from his front lawn 35 feet across). Mr. Oyer stated Mr. Robinson would have a view of a 48-foot building and with the ancillary structures on the top 58 feet. Mr. Oyer stated his client is a residential property owner and stated he feels he not only has an investment in the neighborhood but also feels that he will loose his investment. Mr. Oyer urged the Commission to reject the proposed project. Barbara Garito, City Clerk, swore in the following individual: Thomas E. Lynch~ 820 N. Federal Highway~ stated Delray Beach has done so well over the years and feels that if the Commission approves this project it could set a precedent. Mr. Lynch stated this is a massive project and feels until the Commission actually gets the CBD zoning and designs the plans of how the buildings will look in the future, they should not move forward with the project. Mr. Lynch reiterated that approving this will only set a precedent and cautioned the Commission to not rush into this. Mr. Lynch stated the density is very critical and feels the Commission will be making a mistake if they go forward with this project. Michael Weiner, soeaking on behalf of the appellant Boston's Inc., and Boston's on the Bcach~ Inc.~ stated they have an agreement with Rosa Hotel Development, Corp. and as part of that agreement he was asked to read the opening remarks to the Commission. Other than those remarks, wc have no comment and stated they would like to -11- 10/02/01 abide by their agreement with Rosa Development Corp. Therefore, Mr. Weiner stated they continue to have no other comment other than the opening statement. Mr. Weiner explained that these agreements were worked out with Mr. Krall and if Mr. Krall has anything further to say then the Commission may address him. Mr. Weiner reiterated that they have no comment. Mark Krall~ Attorney with Listick & Krall~ P.A. representin~ the aoolicant, for the record stated that there is a contractual agreement between the seller of the property who is Eugenia Kerstin and an entity called Rosa Hotel Development Corp. Mr. Krall stated the President of the Rosa Hotel Development Corporation is Mr. Fran Marincola. Mr. Krall stated that Mr. Marincola also has an agreement with regard to a developer who has apparently been listed as an applicant (Mr. Louis Capano) on this application. Mr. Krall stated the circumstances are that when this project is approved, shortly thereafter there is going to be a closing, the contract is going to be assigned, Mr. Capano is going to take title to the property and develop the property pursuant to the plans that have been presented tonight. Mr. Krall stated an agreement has been worked out with Boston's and is within his custody under an escrow agreement. Mr. Krall stated his instructions under the escrow agreement are once this transaction is finalized and the developer has taken title that Boston's agreement which is basically a reciprocal agreement with regard to setbacks and with regard to the hotel not contesting the fact that if Boston's ever wants to improve their property, they have agreed not to contest. Mr. Krall stated in Mr. Weiner's office this evening apparently there were some questions for the first time to Mr. Krall with reference to the situation with regard to the parties. Mr. Krall stated if these plans are approved tonight, they can be contingent on the agreement with Boston's becoming a matter of record and being recorded. The City Attorney asked Mr. Weiner if the appeal has been withdrawn? In response, Mr. Weiner stated that the appeal has not been withdrawn. Ms. McCarthy asked Mr. Krall if he is the closing agent? In response, Mr. Krall stated that the attorney who represents the seller is the closing agent. However, Mr. Krall stated he will be attending the closing and he has instructions to insure that the document with Boston's gets recorded immediately after the deed gets recorded. Ms. McCarthy asked if this contract has an assignment clause? In response, Mr. Krall stated that this contract could be assigned. Mr. Krall stated there is a separate written agreement between Rosa Hotel Development Corp. and Louis Capano with regard to assignment of the contract and is contingent upon the project getting approved. The City Attorney stated it would be inappropriate for us to make any decision based on anything other than the criteria in the City Code. The City Attorney stated the contract is really irrelevant to what the Commission needs to do. Mr. Perlman moved to uphold the Commission's previous decision granting the appeal, seconded by Mr. Levinson. Upon roll call the Commission voted as follows: Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - No; Mr. Levinson - Yes; Ms. McCarthy - No. Said motion to uphold the appeal passed with a 3 to 2 vote. Prior to the vote, Mr. Levinson stated this is certainly less than expected and this -12- 10/02/01 is why he seconded the motion to uphold the appeal. Ms. McCarthy stated she thought one of the biggest concerns was the height of the units in the front on the north side of the building. From what she has heard this evening, Ms. McCarthy stated it appears that this has been addressed. Ms. McCarthy stated even though the terms are not going to be disclosed to the Commission, they have been told that there is an agreement that is going to part of a closing package and is going to be recorded. Even though the Commission is not supposed to take these things into consideration, these were factors that were brought up at the last discussion. Therefore, Ms. McCarthy stated she felt it was relevant to say that was something else that people at the dais were looking for. Ms. McCarthy stated if this is a change that Commission does not want and we still have LDR's and Codes that are reflecting something that appears to be what the applicant is bringing forth to us, then she would have to stay in the same position she was in last time. Mr. Perlman stated he feels that Ms. McCarthy has a valid point. However, Mr. Perlman stated that they are informed that the appellant did not withdraw the appeal, which leaves him confused. Mr. Perlman stated he would like to clarify why he made the motion. Mr. Perlman stated he still does not believe the site plan is compatible and harmonious to adjacent properties. He feels design contributes to the running off A-l-A, which runs counter to the village-like atmosphere that is outlined in our Comprehensive Plan. Mr. Perlman stated that currently we have spaces and alleys in between buildings. Therefore, he does not believe this is compatible. Mrs. Archer stated she is confused by Mr. Weiner's statement and asked for clarification as to whether there is or is not an agreement. Mr. Krall stated he has an escrow letter on Mr. Weiner's letterhead signed by Mr. Weiner and agreed to by Mr. Krall with regard to this signed agreement which has been signed by Boston's and Rosa Hotel Development Corp. who is a contract purchaser of this property. Mr. Krall stated that in addition to the instructions that Ms. McCarthy correctly reiterated with her real estate experience, the escrow agreement states that "Boston's shall not oppose the approved plans at the City Commission Meeting". At this point, Mr. Krall submitted into the record the escrow letter along with the agreement that has been signed by Boston's and the contract purchaser. The City Attorney asked if Mayor Schmidt would like to accept these documents into the record as being relevant items? In response, Mayor Schmidt stated since this is a quasi- judicial hearing these documents can certainly be accepted into the record. Mr. Pedman asked Mr. Weiner if there is an agreement why will he not withdraw the appeal? In response, Mr. Weiner explained that all he will do this evening is read his agreed statement, which he did. Therefore, since any additional comments on that agreement must come from Mr. Krall, Mr. Weiner has no comment. 9.a. BID AWARD TO HAVERLAND BLACKROCK CORP - SPORTS TURF ONE {ATLANTIC HIGH SCHOOL MULTI-PURPOSE FIELD): Consider approval of a contract award to second lowest bidder, Haverland Blackrock Corp - Sports Turf One in the amount of $47,760.00 for the Atlantic High School multi-purpose field. Funding is available -13- 10/02/01 from 001-4131-572-34.90 (R&R Other Contractual Services). The City Manager stated this is before the City Commission to consider approval of a contract award in the amount of $47,760.00 to Haverland Blackrock Corp./Sports Turf One for the landscape maintenance of Atlantic High School multi-purpose field. The City Manager stated the low bidder had no experience with the care of Bermuda grass, does not currently have the proper equipment to maintain this type of turf (no reel mowers) and has no Workers Compensation Insurance. Mrs. Archer moved to approve the contract award to Haverland Blackrock Corp - Sports Turf One (second lowest bidder), 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. Prior to the vote, with regard to these larger size contracts, Mr. Levinson stated he has suggested in the past about utilizing a method for a point system where other things would be taken into consideration. Mr. Levinson stated he would suggest that with regard to these kinds of contracts, that the Commission considers his suggestion again. Mr. Levinson stated this way before it got to this point, the Commission would be selecting a contractor and taking into consideration ahead of time whether or not they have the equipment, the experience, and some of the other things that were discussed. With regard to this issue, the City Attomey stated that with looking over the bid documents she has talked to Jackie Rooney, Purchasing Supervisor. The City Attorney stated Ms. Rooney will be gathering documents from other places and then they will be reviewing this. 9.C. SPECIAL EVENT REQUEST FOR UNITY WALK: Consider approval of a request to endorse the Delray Beach Unity Walk scheduled to be held on November 11, 2001 from 2:00 p.m. to 5:00 p.m., sponsored by Community Chat. Requested is staff assistance for security, traffic control, barricading, and trash removal and clean up, signage and use of the Tennis Stadium, also requested is to waive all fees and overtime costs. Robert A. Barcinski, Assistant City Manager, stated this is a request to endorse the Delray Beach Unity Walk scheduled to be held on November 11, 2001, from 2:00 p.m. to 5:00 p.m. sponsored by Community Chat, to provide staff assistance for security and traffic control, barricading, trash removal and clean up, signage and use of the Tennis Stadium. Mr. Barcinski stated the request also includes a waiver for all overtime and all fees associated with the stadium. The estimated staff overtime for the event is approximately $2,700. Rental fee, stage set-up fee and other fees for use of the stadium are estimated at $5,500 total. Mr. Barcinski stated this is a new event but there is another event cancelled for the month of October so it offsets that event. Mr. Barcinski stated there is no budget available and they are looking for support from sponsorships. Mr. Barcinski stated his understanding is that even though November 11th is Veteran's Day, his understanding is that this would not -14- interfere with any of the those activities. Also, Mr. Barcinski stated that at one point he believes they were trying to get one of the Veteran's groups to participate in this event. Mr. Levinson stated Janet Reno is a candidate for Office of Governor at this point and stated he would certainly hope that the City is not favoring a candidate to the exclusion of others. Ms. Ridley stated at the time she was not running and they decided to ask her to be the speaker for that evening. Ms. McCarthy stated previously she had a discussion with Mrs. Ridley about making sure that anyone who was interested in doing something political received an invitation to this event. Mr. Perlman moved to approve the Special Event request for Delray Beach Unity Walk scheduled to be held on November 11, 2001, from 2:00 p.m. to 5:00 p.m., sponsored by Community Chat and subject to the staff recommendations, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes. Said motion passed with a 5 to 0 vote. At this point, the time being 7:05 p.m., the Commission moved to the duly advertised Public Hearings portion of the agenda. 10. PUBLIC HEARINGS: 10.A. ORDINANCE NO. 54-01 (FIRST READING/FIRST PUBLIC HEARING): An ordinance amending Land Development Regulation Section 4.4.28(D) and 4.4.13(D) and (I) to allow multi-family dwelling units at the density greater than thirty (30) units per acre, as a conditional use in the CBD-RC (Central Business District - Railroad Corridor) zoning district, between NE 2nd Street and NE 3rd Street. If passed, a second public hearing will be scheduled for October 16, 2001. Prior to consideration of passage of this ordinance, a public hearing has been scheduled to be held at this time. The City Manager presented Ordinance No. 54-01: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING CHAPTER FOUR, "ZONING REGULATIONS", ARTICLE 4.4, "BASE ZONING DISTRICT", SECTION 4.4.13, "CENTRAL BUSINESS (CBD) DISTRICT", SUBSECTION (D), "CONDITIONAL USES AND STRUCTURES ALLOWED", SUB- SUBSECTION (15) TO PROVIDE FOR CLARIFICATION OF CONDITIONAL USES AND STRUCTURES ALLOWED -15- 10/02/01 IN THE CBD DISTRICT, BY AMENDING SUBSECTION (I), "PERFORMANCE STANDARDS", SUB-SUBSECTION (1),TO ELIMINATE THE CONDITIONAL USE PLACED ON RESIDENTIAL DEVELOPMENT EXCEEDING THIRTY UNITS PER ACRE SOUTH OF NE 2ND STREET AND NORTH OF SE 2ND STREET; AND BY AMENDING SECTION 4.4.28, "CENTRAL BUSINESS DISTRICT- RAILROAD CORRIDOR (CBD-RC) DISTRICT, SUBSECTION (D), "CONDITIONAL USES AND STRUCTURES PERMITTED", BY ENACTING A NEW SUB-SUBSECTION (5), TO PROVIDE FOR MULTI- FAMILY DWELLING UNITS AT A DENSITY GREATER THAN THIRTY UNITS PER ACRE AS A CONDITIONAL USE; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 54-01 is on file in the City Clerk's office.) A public heating was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. The City Attomey asked the Commission to disclose any ex parte contacts. Mrs. Archer stated she has had no discussions. Mr. Perlman stated he attended a CRA and Planning & Zoning Meeting where this issue was discussed. Mayor Schmidt stated that the entire Commission received a letter from Sarah Greeley and the Del-Ida Park Neighborhood Association and he also received an e-mail from Kevin Warner. Ms. McCarthy stated she has forwarded her e-mail to City Hall and she also received a telephone call from Lynn Gardner, a realtor in Delray Beach. Mr. Levinson stated he received a letter from Sarah Greeley, received a telephone call from Lynn Gardner. Mr. Levinson stated he also spoke to Anne Gannon and also received an e-mail from Kevin Warner. In addition, Mr. Levinson stated he was at the Pineapple Grove Meeting where this was discussed. Mrs. Archer stated she would like to revise her comments. Mrs. Archer stated she did have a brief conversation with Anne Gannon and she received a letter from Sarah Greeley. Mrs. Archer stated she is certain she has an email at home, but has not had the opportunity to check. The City Attorney stated all involved parties would conduct this item as a quasi- -16- 10/02/01 judicial heating, which allows for presentations, the admission of documents into the record and public testimony. Barbara Garito, City Clerk, swore in those individuals who wished to give testimony on this item. Paul Dorling, Planning Director, stated the request is for a site specific for one block from N.E. 2nd Street to N.E. 3~° Street, and the railroad tracks to the half block that abuts Pineapple Grove. As indicated in the Planning and Zoning Staff Report, Mr. Dorling stated this is consistent with the Comprehensive Plan Housing Elements that called for providing housing downtown is also consistent with the Pineapple Grove Main Street Plan which specifically identifies as an area that will entertain an increase in densities over and above the thirty (30) units to the acre. Mr. Dorling stated the City Commission in May 1998 adopted this plan. Mr. Dorling stated he has provided the Commission with some maps. Mr. Dorling stated one map relates to density and stated the yellow section is an area the may exceed thirty (30) units to the acre through the conditional use process. Mr. Dorling stated the hatched area is the area in which thirty (30) units to the acre are allowed. The next map includes approved multi-family mixed-use developments downtown. The ones in green are those that are thirty (30) units to the acre or less, the ones in red are over thirty (30) units to the acre. Mr. Dorling stated there is a map with respect to rental versus ownership and stated this proposal is for rental development. Mr. Dorling stated the Comprehensive Plan calls for discouraging rental development outside the downtown area. Therefore, Mr. Dorling stated it is encouraged downtown to provide us with year round residents. John Corbett~ Attorney with Corbett & White in Lake Worth represenfine the applicant~ stated this is a text change to extend the area that allows increased residential density as a conditional use in the area one block west of the FEC Railroad south of N.E. 3rd Street. Mr. Corbett stated that downtown needs a residential base of non-seasonal units to help support existing and future retail service and restaurant establishments both in Pineapple Grove and the remainder of downtown. Mr. Corbett stated this site is uniquely situated in a way that could fulfill that need. Mr. Corbett stated rather than developing a more seasonal fee simple townhouse development on this site, this amendment will provide the opportunity to come back to the Commission with a proposal for an apartment project that would serve both Pineapple Grove and downtown. In summary, Mr. Corbett stated the applicant is requesting the opportunity to come back to the Commission with a proposal for an apartment project for this location. Robert G. Currie~ 134 N.E. 4th Avenue and architect with Robert G. Currie Partnership~ stated he is here this evening to represent Pineapple Grove Main Street Program as their Design Chairman. Mr. Currie encouraged the Commission to accept this amendment for increased density and stated the Board voted unanimously in support of this project. However, Mr. Currie stated there is a caveat and that is that we want to provide additional performance standards for this particular site. These performance standards would include such things as not allowing anything over 48 feet in height, some additional setbacks and open areas since there are no open area requirements in the CBD, encourage an articulation of the wall surfaces (in and out) and also height. Mr. Currie stated there is also a design criteria for Pineapple Grove Main Street -17- 10/02/01 in terms of materials, colors, and detailing. Mr. Currie stated he would like to submit to the Planning Staff these criteria for implementation in the City Code. Sarah Greeley, President of the Del-Ida Park Neighborhood Association and resides at 109 Dixie Boulevard, stated thc red hat she is holding represents her associations position on unreasonable density and urged the Commission to stop this for the sake of Delray Beach. Ms. Greeley stated that the Del-Ida Park Neighborhood Association feels unreasonable density is any density introduced into a neighborhood which negatively impacts that neighborhoods property and business owners and residents. In terms of certain issues, those issues are unreasonable growth, excessive units and people, excessive height, substantially increased traffic, impediments to emergency management and evacuation, inappropriate scale, lack of architectural homogeneity, and thc domino affect caused by precedent once established. Ms. Greeley stated on September 17th the Del-Ida Park Neighborhood Association voted unanimously to freeze thc current Land Development Regulations. Ms. Greeley stated they wish to apply that freeze to thc proposal for a massive multi-unit apartment complex garage and area walkway on N.E. 3rd Avenue and N.E. 2nd Street in Pineapple Grove. Ms. Greeley stated the Del-Ida Neighborhood Association is appalled that any project of this magnitude could pass any responsible City Board. Ms. Greeley urged the Commission to study the facts and perform an analysis to save Delray Beach from unreasonable density, unreasonable proposals, and its own success. In conclusion, Ms. Greeley stated Delray is loosing its "Village by the Sea" charm. J,ohn Bennett, President of Progressive Residents of Delray {PROD) speaking on behalf of the oreanization, stated PROD supports the plan for Pineapple Grove calling for increased densities in the neighborhood and the idea that we need downtown residential development to support Pineapple Grove and the downtown. Mr. Bennett stated that PROD has a problem with the open-ended nature of it. Mr. Bennett stated that PROD suggests that the Commission place a density cap to avoid a monstrosity. Mr. Bennett reiterated and recommended that there be increased density in this area, but that the Commission put a density cap of 45 units to the acre. Jean Beer, 2145 S.W. 26th Terrace, stated many cities do not allow property owners and individual developers to make changes to their Comprehensive Plan and their LDR's based on what they want for a certain piece of property. Ms. Beer stated if the City is going to change the Comprehensive Plan and the LDR's it should be generated from the Planning and Zoning Department on the basis of what they see is needed for the City as a whole. Ms. Beer stated that the City should not be allow someone to change an individual piece of property because they are not taking into consideration the total affect it could have upon the entire City. Ms. Beer thanked the Commission for standing by their prior vote of 170 units and stated she agrees wholeheartedly with Mr. Bennett's comments about the Commission setting a density cap. Furthermore, Ms. Beer urged the Commission to vote against this project. Rich McGloin, 2275 N. Swinton Avenue, stated he has attended Seacrest Association Meetings, DDA Meetings, Downtown Joint Venture Meetings, and the CRA Meetings regarding this issue. Mr. McGloin stated in every case the discussion was "What's Pineapple Grove want?" Mr. McGloin stated Mr. Currie and his committee has spent many hours reviewing those performance standards and has come up with some very good improvements. -18- 10/02/01 Mr. McGloin urged the Commission to get staff to apply those standards throughout the City. Mr. McGloin stated he agrees with Pineapple Grove and the approval of the project, but urged the Commission to only approve this with the new performance standards in place. Henry, Williams~ 310 N.W. 3rd Avenue~ stated everyone wants the City to change the density. He urged the Commission to not set a precedent so high and to keep Delray the way it is. Diane Domineuez~ CRA Director~ stated the CRA voted unanimously to recommend approval of this code amendment. Ms. Dominguez stated the CRA feels it is important for thc downtown and stated we need residents living in close proximity of the shops and restaurants if Delray is going to continue this renaissance that we have all enjoyed. Ms. Domingucz stated for long-term sustainability, Dclray Beach needs yearlong residents and the CRA feels this is a great location for this project. Ms. Dominguez stated recently the City, thc CRA, and property owners invested $2 million in streetscape improvements to Pineapple Grove Way and a big part of this was intended to attract private investment to get some of the return back on the investment. Ms. Dominguez stated this amendment is consistent with the Pineapple Grove Way Plan, which was adopted in 1998 and called for extending that density overlay into the Pineapple Grove area. Ms. Dominguez stated the performance standards present a good opportunity the way they are now. In addition, to the performance standards, the CRA will be dealing with the Pineapple Grove Design Guidelines and there is a minimum open space requirement of ten percent. Ms. Dominguez stated this project has a huge review process to go through and stated the CRA recommends approval. There being no one from the public who wished to address the Commission, the public heating was closed. The discussion followed by the Commission. Mayor Schmidt inquired about the timeframe for the design guidelines for Pineapple Grove. In response, Mr. Dorling stated the Planning staff has been working on this and does not understand why these have not been presented. Mayor Schmidt is concerned with the fact that if the Commission approves this on second reading and the developer walks in the day after and files his plans, then with regard to time, the Commission will be out of luck when considering the design guidelines. In addition, Mayor Schmidt stated he agrees with the comments that have been made about capping this area. Mrs. Archer concurs that she would like to see what the Pineapple Grove criteria is going to be. In addition, Mrs. Archer stated she agrees with Mayor Schmidt that when we start exceeding the two block area north and south of Atlantic area, she feels that it is important that we do put some sort of cap on the density there because we are phasing in to residential area. However, Mrs. Archer stated because this is a railroad corridor that it is something that we need to be aware of. Mrs. Archer stated since we are trying to encourage parking plus development in this area, we may want to review some different criteria for a railroad corridor because this is a difficult area to deal with. In addition, Mrs. Archer feels it is important to encourage rental property in this area. Since Publix supermarket left that area and since the City has not be able to -19- 10/02/01 get any interested party in that location, we have no real attraction now for the Pineapple Grove area. Mrs. Archer stated she is very pleased to think that we are about to consider a project in that area for residential use especially since it might indeed have some parking attached to it that would be for public use. At this point, Mrs. Archer stated she would like to do nothing until the Commission sees what the Pineapple Grove requirements are. Furthermore, Mrs. Archer stated she would be very amiable to thinking about some floor area ratio limit on the top floor of a 48- foot high building because we are phasing into a residential area. Mr. Perlman stated he agrees with waiting for the design guidelines and also feels there is a need for a cap of density, a need for downtown housing, and a need for a rental mix. In terms of the economy, Mr. Perlman stated he feels the City needs to increase its tax base and have a downtown housing in order to have a sustainable downtown. Mr. Perlman suggested that staff talk to the homeowners' associations around town. Ms. McCarthy stated a cap on these areas is imperative. Ms. McCarthy stated there has been a great deal of time putting plans into place and holding Charrette Meetings. Ms. McCarthy stated the LDR's and the zoning need to reflect the desires expressed at the Charrette meetings. Ms. McCarthy stated each time a project is reviewed, it needs to have the overlay with the ultimate plan design to make sure that it fits in the criteria and desires for the City. If the Commission cannot see the fit, Ms. McCarthy suggests that the Commission wait so that they can get the right fit. Mr. Levinson is not in support of placing a cap on density because he feels it becomes an arbitrary number. Mr. Levinson stated he would rather see what the project looks like and whether or not it is compatible and it meets the guidelines. Mr. Levinson stated he also feels there is a significant need for each area of otir community to have an overlay district. Mr. Levinson is in favor of approving this project with the caveat that the developer works with the Pineapple Grove people to meet their guidelines. Mr. Levinson suggested that the Commission move this project along without an arbitrary cap that may or may not be appropriate but looking at the conditional use process and utilizing it as well as the design guidelines as Pineapple Grove. Mr. Levinson moved to approve Ordinance No. 54-01 on First Reading/First Public Heating, seconded by Mrs. Archer. Prior to the vote, Mr. Perlman clarified that no one is approving any specific project now, but this is being approved so that the Commission will be given the opportunity to review it. Mr. Perlman stated then at that point there would be an extensive review process. Mrs. Archer stated she agrees with comments expressed by Mr. Levinson. However, Mrs. Archer stated everyone has not had the opportunity to see the criteria that Pineapple Grove would like to put forth and because of that she would like to see what those are. Mrs. Archer stated she would be in favor of delaying the first reading until next month. The City Attorney recommended that the Commission deny this because it is such an extensive change with direction to bring back for a first reading (i.e. a month delay). Another option would be to postpone the ordinance and have another first reading understanding that -20- 10/02/01 there will be changes in it. Mr. Doffing stated he feels this may be a more lengthy process with respect to hiring an Urban Planner and creating design guidelines. At that point, Mr. Dorling stated these performance standards may be tossed out and is not sure if it is appropriate to tweak them at this point. The City Attorney stated that the Commission could adopt this ordinance subject to review of the Pineapple Grove design guidelines. Mr. Doffing stated Pineapple Grove has their own guidelines and he is not sure to what extent those are. In addition, Mr. Doffing stated they have already asked for the tweaking of the performance standards some of those to add open space and limit height. The City Attorney suggested that this would be a good postponement goal to work this out with Pineapple Grove. At this point, Mrs. Archer withdrew her second and Mr. Levinson withdrew his motion. Mr. Levinson moved to table Ordinance No. 54-01 to a date certain of November 6, 2001, for First Reading/First Public Hearing, 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 to table Ordinance No. 54-01 passed with a 5 to 0 vote. 10.B. ORDINANCE NO. 51-01 (SECOND AND FINAL READING): An ordinance annexing into the City the Fanelli property located on the east side of Military Trail, north of Atlantic Avenue (immediately east of the Boys Farmers Market) and establishing initial zoning of GC (General Commercial) for the property. Prior to consideration of passage of this ordinance, a public hearing has been scheduled to be held at this time. Quasi-judicial (as to zoning) Public Hearing The City Manager presented Ordinance No. 51-01: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH, A PARCEL OF LAND LOCATED ON THE EAST SIDE OF MILITARY TRAIL, NORTH OF WEST ATLANTIC AVENUE (IMMEDIATELY EAST OF THE BOYS FARMERS MARKET), AS THE SAME IS MORE PARTICULARLY DESCRIBED HEREIN, WHICH LAND IS CONTIGUOUS TO EXISTING MUNICIPAL LIMITS; REDEFINING THE BOUNDARIES OF THE CITY TO INCLUDE SA/D LAND; PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID LAND; PROVIDING FOR THE ZONING THEREOF TO GC (GENERAL COMMERCIAL) PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE -21- 10/02/01 DATE. (The official copy of Ordinance No. 51-01 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. 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. The City Attorney asked the Commission to disclose any ex parte contacts. No ex parte contacts were noted. Barbara Garito, City Clerk, swore in those individuals who wished to give testimony on this item. Paul Doffing, Planning Director, stated there is a new requirement from DCA that people who speak must sign-in so that the list can be transmitted to DCA along with the amendment. In addition, Mr. Doffing stated this also would apply to any Comprehensive Plan Amendment item including school concurrency. Paul Doffing, Director of Planning and Zoning, entered into the record the Planning and Zoning Department project file #2001-096 & project file #2001-97. Mr. Dorling stated the subject property is currently located in unincorporated Palm Beach County within the City's Planning Area (Future Annexation Area). The property consists of four parcels under common ownership including an access tract connecting it to Military Trail. The owner is seeking voluntary annexation at this time and two single-family residences exist on two of the parcels. In February 2001, the Palm Beach County Building Department issued a permit to construct a 10,000 square foot cold storage building located on the southern parcel. The proposal is to annex the property into the City with an initial zoning designation of GC (General Commercial). A Future Land Use Map amendment is being processed separately with Comprehensive Plan Amendment 2001-01 to change the FLUM designation from County HR-8 (High Density Residential - 8 units per acre) to City GC (General Commercial). At its meeting of April 16, 2001, the Planning and Zoning Board held a public hearing in conjunction with review of the requests. After discussing the proposal, the Board voted unanimously to recommend that the requests be approved, based upon positive findings with respect to Chapter 3 (Performance Standards) and Section 2.4.5(D)(5) of the LDR's, policies of the Comprehensive Plan and the following: (1) That the property is contiguous, reasonably compact and does not create an enclave; and, (2) That services will be provided to the -22- 10/02/01 property in a manner similar to other similar properties with the City. Michael Weiner, attorney representing the applicanh stated staff and all the City Board's have recommended each and every time that there be annexation and zoning as (GC) General Commercial. Mr. Weiner stated this property is currently zoned AR (Agricultural) in the County. Mr. Weiner explained that if the property is left in the County the permitted uses include congregate living facilities, garage sales, stables and the conditional uses include communication towers, gun ranges, heliports, and solid waste transport stations. Mr. Weiner stated he feels it makes sense to annex and zone the property GC. Gary Haratsis, 124 W. Lee Road and is also the President of the Lee's Crossing Homeowner's Association, stated that the association does not disagree with the annexation. However, Mr. Haratsis stated the Fanelli organization has been inconsiderate to the area residents. For example, Mr. Haratsis stated tractor-trailers have been driving through the back of their properties and property owners feel a loss of privacy. Mr. Haratsis stated he would like the Commission aware that this property has been bulldozed to 2 ½ acres of trees down to bare ground. A dirt road has been in place since the construction of the warehouse back in March or April. Mr. Haratis stated the people abutting this property has to deal with dust and dirt all over their yards. Mr. Haratsis stated another concern is the noise that is being generated from the garbage pickup south of the Boys Farmers Market. Mr. Haratsis suggested that the Commission consider putting up a sound barrier wall running the entire length of the west side of the Lee's Crossing development and that there be more trees than every 25 feet to fill in and help stop the noise. Fredrick S. Levine, 116 W. Lee Road, expressed concern over the noise level that is currently generated behind his property from the trailer tracks that drive in his backyard at 4:00 a.m. Mr. Levine feels the proposed 60-ton air compressors will only add to the noise level. Mr. Levine stated he lives in a $250,000 home and is concerned that the air compressors will depreciate the value of his home. Mr. Levine stated he concurs with comments expressed by Mr. Haratsis and agrees there should be a sound barrier wall installed and requested that the dead trees on the other side of everyone's property be removed. William Turner, 136 W. Lee Road, expressed concern over the loud noise being generated from the dumpster. Mr. Turner stated he is very upset about constantly being woken up at 4:00 a.m. and has reported this to the Police Department and received a case number. David Wolfe, 135 W. Lee Road, stated most of the people who spoke prior to him live right behind Boys Farmers Market and he lives across the street from them. Mr. Wolfe stated he and his children get woken up during night quite frequently because of the loud noise being generated from the freezer units and trucks. Mr. Wolfe stated there is a buffer between he and Boys and he can still hear the noise. Mr. Wolfe stated he has not yet made a report to the Police Department but feels something really needs to be done. Mr. Wolfe stated he has done a lot of improvements to his home and feels if he sold it the value of his property would go down because of the noise level. He suggested that everyone work together in harmony to help resolve some of these concems. -23- 10/02/01 Carolyn Zimmerman, 212 S.W. 2nd Avenue~ urged the Commission to annex this property so that the City will gain better control and so that something can be done to help these residents. Robin Turner~ 136 W. Lee Road~ expressed concern over the noise that will be coming from the air conditioning units because she lives in a two-story home along with one of her neighbors. She feels that an 8-10 foot sound barrier wall is not going to stop the noise that she will hear while trying to sleep at night. Ms. Turner suggested that the air conditioning units be moved to the other side or have something to stop the noise. Ms. Turner stated aside from the noise, the view is also a major concern. Ms. Turner stated the view now is not as nice as it was before and feels the value of her property has depreciated. Josev Wa~enfeiler~ 130 E. Lee Road~ stated that while sitting in her backyard she could hear the noise coming from the Boys Farmers Market. Ms. Wagenfeiler stated she moved to Delray approximately three years ago because of its community. Ms. Wagenfeiler stated she use to look out from her backyard and see all kinds of beautiful trees. However, Ms. Wagenfeiler stated since the trees have been cut down, the only view she gets while looking out from her property is the roof of the warehouse. She feels everything that has been done has devalued her property. Ms. Wagenfeiler suggested that the air compressors be moved, that there be a sound barrier wall, and that large trees be planted so she does not have to see the roof of the warehouse. There being no one else who wished to address the Commission, the public hearing was closed. Mayor Schmidt asked if the applicant has submitted a site plan on what they propose to do on this property? In response, Mr. Dorling stated the City does not have land use control over this parcel until it is annexed into the City. When this property is annexed, the applicant could be made aware that the City would like them to do some physical improvements to the site including paving, installation of landscaping, walls and buffering. At that point, Mr. Dorling stated that the applicant has approval through the County for a large cold storage building. Mayor Schmidt stated that this might also be subject to the City's noise regulations. Mrs. Archer inquired about the percentage of the land that will be covered by the cold storage and what percentage of the land is vacant? In response, Mr. Dorling stated the land is in the range of 2 ½ acres with a 10,000 square foot building on it and two single-family buildings. Mr. Dorling stated approximately half of this land the applicant intends to improve with parking and landscaping around that building. Mr. Perlman stated the first step would be the annexation of this parcel and then the City can begin to address the issues expressed one-by-one. Mr. Perlman moved to adopt Ordinance No. 51-01 on Second and FINAL Reading, seconded by Mr. Levinson. Upon roll call the Commission voted as follows: Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer- Yes; Mr. Levinson - Yes. Said motion passed with a 5 to 0 vote. -24- 10/02/01 10.C. ORDINANCE NO. 27-01 (ADOPTION HEARING FOR COMPREHENSIVE PLAN AMENDMENT 2001-1): 1. One (1) Future Land Use Map amendment (Fanelli Annexation). 2. Update of the Potential Residential Units Map & Table, appearing in both Future Land Use and Housing Element. 3. General update of the Public Facilities Element. 4. Update of the Comprehensive Plan Map Series to reflect current municipal boundaries. The City Manager presented Ordinance No. 27-01: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ADOPTING COMPREHENSIVE PLAN AMENDMENT 2001-1 PURSUANT TO THE PROVISIONS OF THE "LOCAL GOVERNMENT COMPREHENSIVE PLANNING AND LAND DEVELOPMENT REGULATION ACT", FLORIDA STATUTES SECTION 163.3161 THROUGH 163.3243, INCLUSIVE; ALL AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A" ENTITLED "COMPREHENSIVE PLAN AMENDMENT 2001-1" AND INCORPORATED HEREIN BY REFERENCE; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 27-01 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. Dan Marfino, Principal Planner, stated this is the first of the twice a year amendment process. This amendment involves one future land use map amendment, several text changes, and map & table updates. Originally, Mr. Marfino stated this amendment involved one future land use map amendment and several text changes and map & table updates. Originally, Mr. Marfino stated this amendment included two additional items dealing with updated Goal Area D and modification to the definition of community facilities definition. These items were subsequently dropped from the item. However, Mr. Marfino stated they were inadvertently included with the text for the newspaper advertisement for tonight's meeting. Mr. Marfino emphasized that these items are not in for consideration with this amendment and apologized for any confusion this may have caused. After the review process, the Department of Community Affairs (DCA) declined to issue an Objections Recommendations and Comments Report (also know as an "ORC" report) concerning this amendment. Because of this, the amendment did not need to go before the Planning and Zoning Board for a second public hearing. A brief summary of the items in this -25- 10/02/01 amendment are as follows: (1) The Future Land Use Map Amendment is the Fanelli Annexation consisting of four parcels behind the Boys Farmers Market and giving the initial Future Land Use designation of GC (General Commercial); (2) update of the Potential Residential Units Map & Table, appearing in both the Future Land Use and Housing Element; (3) general update of the Public Facilities Element; (4) and an update of the Comprehensive Plan Map Series (to reflect current municipal boundaries). Mr. Marfino stated if approved, the amendment would be sent to DCA for a compliance review. Upon a positive determination of compliance, the effective date will be 45 days from tonight's meeting or before November 16, 2001. Mr. Marfino stated that staff recommends approval. Mayor Schmidt declared the public hearing open. There being no one else who wished to address the Commission, the public hearing was closed. Mrs. Archer moved to adopt Ordinance No. 27-01 on Second and FINAL Reading, seconded by Mr. Perlman. Upon roll call the Commission voted as follows: Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes. Said motion passed with a 5 to 0 vote. 10.D. ORDINANCE NO. 53-01 (FIRST READING/FIRST PUBLIC HEARING): An ordinance amending Land Development Regulations Section 4.4.9(D) (Conditional Uses and Structures Allowed), Section 4.4.9(F)(2) (West Atlantic Avenue Overlay District Standards), and Section 4.4.9(G)(1) (West Atlantic Avenue Overlay District Supplemental District Regulations), for the GC (General Commercial) Zone District, relating to recommendations in the West Atlantic Avenue Redevelopment Plan. If passed, a second public heating will be scheduled for October 16, 2001. Prior to consideration of passage of this ordinance, a public hearing has been scheduled to be held at this time The City Manager presented Ordinance No. 53-01: 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", ARTICLE 4.4, "BASE ZONING DISTRICT", SECTION 4.4.9, "GENERAL COMMERCIAL (GC) DISTRICT", SUBSECTION (D), "CONDITIONAL USES AND STRUCTURES ALLOWED", TO PROVIDE FOR CLARIFICATION OF CONDITIONAL USES AND STRUCTURES ALLOWED IN THE GC DISTRICT, BY AMENDING SUBSECTION (F), "DEVELOPMENT STANDARDS", SUB-SUBSECTION (2), "WEST ATLANTIC AVENUE OVERLAY DISTRICT DEVELOPMENT STANDARDS", TO PROVIDE -26- 10/02/01 SETBACKS FOR PARCELS THAT HAVE FRONTAGE ALONG NW AND SW 5TH AVENUE; AND BY AMENDING SUBSECTION (G), "SUPPLEMENTAL DISTRICT REGULATIONS", BY AMENDING SUB- SUBSECTION (1), "WEST ATLANTIC AVENUE OVERLAY DISTRICT SUPPLEMENTAL DISTRICT REGULATIONS", TO PROVIDE THAT ALL PERMITTED USES WITH DRIVE-THROUGH FACILITIES SHALL REQUIRE CONDITIONAL USE APPROVAL AND TO ESTABLISH PARKING REQUIREMENTS FOR HOTELS AND MOTELS; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 53-01 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 Dorling, Planning Director, stated the West Atlantic Avenue Redevelopment Plan was adopted in 1995, amended in 1998 and 2000. In 2000, the second amendment to the West Atlantic Avenue Redevelopment Plan recommended the following three text amendments to the LDR's: All drive-through facilities within the Overlay District will require conditional use approval; The front setback for properties fronting on NW and SW 5th Avenues within the Overlay District shall be reduced to 5'; and, The parking requirements for hotels and motels should be set at 0.7 of a space for each guest room plus one (1) space per 300 square feet of floor area devoted to ballrooms, meeting rooms, and shops and six (6) spaces per 1,000 square feet of floor area devoted to restaurants and lounges within the hotel or motel. The purpose of the first two amendments is to promote pedestrian activity on the Avenue. The third amendment deals with modification of the parking requirements for hotels and motels, which is excessive and would hinder development of a hotel or motel within this area. The Planning and Zoning Board held a public hearing regarding this item at its meeting of September 24, 2001. After discussion, the Board voted 5-0 (Randolph and Shutt absent) to recommend to the City Commission approval of the proposed text amendment, based upon positive findings with respect to LDR Section 2.4.5(M)(5). The Downtown Development Authority (DDA), Community Redevelopment Agency (CRA), Historic Preservation Board (HPB) and the West Atlantic Redevelopment Coalition (WARC) reviewed the proposed amendments and all of these Boards recommended approval. -27- 10/02/01 Mayor Schmidt declared the public hearing open. There being no one who wished to address the Commission, the public hearing was closed. Ms. McCarthy moved to adopt Ordinance No. 53-01 on Second and FINAL Reading, seconded by Mr. Levinson. Upon roll call the Commission voted as follows: Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes. Said motion passed with a 5 to 0 vote. 10.E. ORDINANCE NO. 52-01 (FIRST READING/TRANSMITTAL HEARING FOR COMPREHENSIVE PLAN AMENDMENT 2001-3): Consider on first reading an ordinance adopting Comprehensive Plan Amendment 2001-3 which includes creation of a new Public Schools Facilities element, which will include a definition section and related map series, and revision to the existing Capital Improvement Element to include the School Districts adopted Six-Year Capital Facilities Plan. (Pursuant of Florida Statute 163.3187(1)(j), this amendment is exempt from the twice a year Comprehensive Plan amendment imposed by Florida Statute). Prior to consideration of passage of this ordinance, a public hearing has been scheduled to be held at this time The City Manager presented Ordinance No. 52-01: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ADOPTING COMPREHENSIVE PLAN AMENDMENT 2001-3 PURSUANT TO THE PROVISIONS OF THE "LOCAL GOVERNMENT COMPREHENSIVE PLANNING AND LAND DEVELOPMENT REGULATION ACT", FLORIDA STATUTES SECTIONS 163.3161 THROUGH 163.3243, INCLUSIVE; ALL AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A" ENTITLED "COMPREHENSIVE PLAN AMENDMENT 2001-3" AND INCORPORATED HEREIN BY REFERENCE; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 52-01 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. Dan Marfino, Principal Planner, stated this item is a transmittal of Comprehensive Plan Amendment 2001-3 relating to school concurrency to the Florida Department of Community Affairs. This amendment will implement school concurrency into the development review process to ensure that school capacity is available at the time of impact of residential development. The implementation of school concurrency is part of a coordinated effort between the School Board, the County, and 26 local governments. All 26 municipalities and the County have to adopt the same amendment before January 25, 2002, as per an interlocal agreement -28- 10/02/01 adopted by the City of Delray Beach in October 2000. The Planning and Zoning Board held its public heating regarding the amendment on September 24, 2001. There was no public comment concerning the proposed amendment and the Board voted unanimously to recommend transmittal. Mayor Schmidt declared the public heating open. There being no one who wished to address the Commission, the public hearing was closed. Mr. Perlman moved to approve Ordinance No. 52-01 on First Reading, seconded by Mrs. Archer. 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. 11. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS FROM THE PUBLIC- IMMEDIATELY FOLLOWING PUBLIC HEARINGS. ll.A. Ci,ty Manager's response to prior public comments and inquiries. Regarding a previous comment pertaining to presentations in the Commission Chambers, the City Manager stated staff has been informing applicants that presentations are to be done by either overhead projectors or PowerPoint. The City Manager stated staff continues to inform applicants and all development applications have been amended to contain the note that development presentations before all Boards and City Commission must be either on a LCD project, PowerPoint, or an overhead projector. The City Manager stated board mounted displays should not be used as part of the presentation. ll.B. From the Public. ll.B.1. Carolyn Zimmerman, 212 S.W. 2nd Avenue, stated there is a new market at the beginning of Atlantic Avenue and commented about the writing on the walls instead of signs. Ms. Zimmerman stated the community came together and painted the building and murals were put on the building. In addition, Ms. Zimmerman convinced a sign company to make a beautiful sign per cost and stated the building looked fine. Ms. Zimmerman stated that Atlantic Avenue corridor is being fixed up to look like the rest of the City businesses. She inquired why the City is allowing a brand new business to allow writing on the side of the building. With regard to the fast food restaurants along Linton Boulevard, Ms. Zimmerman stated there was a certain height requirement for signs and feels this should be enforced along Atlantic Avenue as well. Also, Ms. Zimmerman stated with regard to the old drug place on S.W. 10th Avenue and S.W. 10th Street, the business came back after approximately four years and has been remodeled and is now beautiful. However, Ms. Zimmerman stated the business owner is slowly adding other signs outside (i.e. cigarettes/beer and the cost). With regard to a business, Ms. Zimmerman feels that the same rules should apply to all businesses alike and stated this should not be allowed. Secondly, Ms. Zimmerman suggested that the City get the Animal Control Officer an assistant. Ms. Zimmerman stated one person cannot handle the workload alone. The Animal Control Officer can come in on the weekends to feed locked up animals. Ms. Zimmerman stated -29- 10/02/01 the Animal Control Officer has had a cast on one arm from being bitten and also received a bite on the other arm. Ms. Zimmerman stated this is a serious problem and urged the City to hire a part-time person to help assist with the volume of stray animals in the City. ll..B.2. Jean Beer, 2145 S.W. 26th Terrace~ stated years ago she expressed concerns about the fact that no one will trap animals which are not domestic animals. Ms. Beer stated the City has rabid raccoons and all kinds of animals that the City, the County, nor the State will trap. Ms. Beer stated they all say, "too bad, get yourself a professional trapper". Ms. Beer stated that a professional trapper is a huge expense and some people cannot afford it. Ms. Beer suggested that the City lobby the State and the Health Department with regard to these rabid animals in the City because she feels it is a danger to our citizens. Secondly, "The Night of Pride and Remembrance" was a very fine night and stated everyone truly appreciated it and she feels it was well done. Ms. Beer stated she spoke to Nancy King, Staff Editor, regarding the event and she asked Ms. Beer to call everyone to urge them to attend. Ms. Beer stated she put it on their phone tree. Ms. Beer stated there are people in this city that have lost relatives both in the Pentagon and in New York. Ms. Beer informed the Commission that six people who work in Abbey Delray South lost relatives, one of them being Cynthia Weatherspoon who lost two cousins. Ms. Beer feels there should have been some mention of these deceased people because they may have been originally from Delray Beach. Ms. Beer stated she would like to see the City of Delray Beach do something a little more permanent like planting a live tree with a plaque for the victims of September 11, 2001. In addition, Ms. Beer suggested that the City invite anyone who lost a relative to add his or her name to the plaque. ll.B.3. Henry Williams, 310 N.W. 3rd Avenue~ stated he works for APEC and stated he is on the safety team. Mr. Williams expressed concern over both sides of Atlantic Avenue being torn up and the construction. Mr. Williams stated he witnessed a woman employed with Weed and Seed who almost stepped in a four-foot hole in front of Clay Widcman's building. Mr. Williams informed the Commission that the contractor had a few non-complimentary things to say about working in Delray Beach. Mr. Williams stated thc area in front of Clay Wideman's building is not safe and urged the Commission to do something about the conditions of Atlantic Avenue. Furthermore, Mr. Williams feels thc contractor is doing a poor job and has a very bad attitude. ll.B.4. Mary Lou Jamison, 515 North Swinton Avenue, expressed concern over the CRA hiring an Urban Designer and feels the Hotel Vista Del Mar and Creations in Pineapple Grove should be postponed until wc have a City overall Cohesive Plan. Secondly, Ms. Jamison suggested that the City do away with the Overlay Districts because they are very confusing to everyone and stated it is not fair to the Boards or to the citizens of Delray Beach. Ms. Jamison feels the City is loosing the vision that every Charrette talks about with regard to small density and low buildings. ll.B.5. Alice Finst~ 707 Place Tavant, stated several weeks ago she was drawing the Commission's attention to the problems on N.W. 5th Avenue with regard to the monument and the condition of the street and the sidewalk. Ms. Finst stated she received a letter stating that the -30- 10/02/01 best she could expect to happen to the monument would be that it would be cleaned once every six months. Ms. Finst stated the landscaping changes seasonally around town. Ms. Finst stated there is a historic monument on N.W. 5th Avenue and feels it is the City's responsibility to take care of it. Ms. Finst stated she was so concerned over this that she went to the West Atlantic Redevelopment Coalition (WARC) and talked to them about the problems on N.W. 5th Avenue. Ms. Finst stated WARC agreed with her to the point where they decided they would plant the monument. Ms. Finst stated Mr. Shuler deserves a letter thanking him because she feels he had to pick up the slack. Furthermore, Ms. Finst stated the City should be responsible for its historic buildings. Secondly, Ms. Finst stated while driving down 5th Avenue (Federal Highway) and took the circle round-a-bout to come back up 6th and at 73 Federal Highway the buildings that were always known as the historic office buildings are gone. Ms. Finst stated maybe these buildings were not historic but everyone always knew them as the "old office buildings" although they were never declared historic or in the historic district. Ms. Finst stated she has a problem with the fact that five historic buildings recently were found to have disappeared without permits. Ms. Finst stated she does not understand what is happening and feels the City is loosing its village atmosphere. Ms. Finst stated she has been informed that there is supposed to be an inventory for buildings over 50 years old. Ms. Finst asked if the City does indeed have a list, what is the City doing about those buildings and asked if the City is making any effort to declare them buildings that need to be preserved? Ms. Finst asked if the buildings are not in the condition of being preserved condition then what is Code Enforcement doing to let them get to the point where they are no good? ll.B.6. Rosetta Rolle, 301 N.W. 3rd Avenue, asked the Commission and the City Manager how often they have driven around the City to assess what the neighborhood looks like since they have been in office or before they were appointed. Ms. Rolle stated if someone is an elected official it is their job to look around to see what is needed and not depend on what the employees or citizens have to say. Secondly, Ms. Rolle stated on N.W. 3rd Avenue near the tennis courts the plantings (oleanders) are unsightly. Ms. Rolle stated when the oleanders were first planted they looked beautiful but now they are weedy and part of the leaves are gone. Ms. Rolle stated the oleanders are not being taken care of and commented that there used to be a lot of flowers there. Ms. Rolle stated since this is City property she feels it should be better maintained and that the City should set an example for the rest of the community. ll.B.7. Kevin Warner, 248 Venetian Drive, stated we have all seen how difficult the press can be at times particularly national press and television press. Mr. Warner stated he has enjoyed watching the President the last couple of weeks with all the difficult problems and how he has surprised a lot of people with various questions. Mr. Warner commented that he saw Mayor Schmidt on national television and complimented him with the manner in which he answered questions from the press. Mr. Warner stated it really sunk in when a friend called him from out of town and said he saw Mayor Schmidt on national television. Mr. Warner stated he is very proud that Mayor Schmidt is our representative. ll.B.8. John Bennett, 137 Seabreeze Avenue~ expressed concern over the meetings of 10/02/01 the various Boards. He stated if you look at this month's calendar on Wednesday, October 3, 2001 the Historic Preservation Board (HPB) and the Site Plan Review and Appearance Board (SPRAB) meet at the same time. Mr. Bennett noted that two weeks later on Wednesday, October 17, 2001 the Historic Preservation Board (HPB) and the Site Plan Review and Appearance Board (SPRAB) meet at the same time. He suggested it would be nice if these meetings were held on alternate weeks to help reduce the burden on the Planning and Zoning staff. In addition, Mr. Bennett stated those citizens who like to follow all the issues would then be able to attend all the meetings. FIRST READINGS: 12.A. ORDINANCE NO. 55-01: An ordinance rezoning from R-1-A (Single Family Residential) to CF (Community Facilities) to accommodate an off-street parking lot for Donnie's Golden Spoon Restaurant located on the east side of NW 6th Avenue, approximately 300 feet north of West Atlantic Avenue. If passed, a quasi-judicial public hearing will be scheduled for October 16, 2001. The City Manager presented Ordinance No. 55-01: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED R-1-A (SINGLE FAMILY RESIDENTIAL) DISTRICT TO CF (COMMUNITY FACILITY) DISTRICT; SAID LAND BEING A PARCEL OF LAND LOCATED ON THE EAST SIDE OF NW 6TM AVENUE, APPROXIMATELY 300' 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. 55-01 is on file in the City Clerk's office.) The City Attorney read the caption of the ordinance. Paul Dorling, Planning Director, stated this request involves a vacant parcel totaling of 0.15 acres. The subject property is part of an overall development proposal to establish a restaurant on the adjacent properties to the east on N.W. 5th Avenue. The proposal is to utilize the subject property for a 13-space parking lot associated with the restaurant. In order to use the property for parking, the property is being rezoned from its current R-1-A (Single Family Residential) zoning designation to CF (Community Facilities). The Planning and Zoning Board held a public hearing on the proposed rezoning at its meeting of September 24, 2001. Diane Dominguez, Executive Director of the CRA spoke in support of the request and there was no public testimony in opposition to the request. The Board recommended unanimous approval based on positive findings with respect to Chapter 3 (Performance Standards) and Section 2.4.5(D)(5) of the Land Development Regulations, and -32- 10/02/01 policies of the Comprehensive Plan. Mrs. Archer moved to approve Ordinance No. 55-01 on FIRST Reading, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes. Said motion passed with a 5 to 0 vote. 12.B. ORDINANCE NO. 56-01: An ordinance amending Land Development Regulations Section 4.3.3(Q) regarding the definition of Guest Cottages, pursuant to Section 2.4.5(M). If passed, a public heating will be scheduled for October 16, 2001. The City Manager presented Ordinance No. 56-01: 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 CLARIFY THE DEFINITION OF "GUEST COTTAGE"; AND BY AMENDING CHAPTER FOUR, "ZONING REGULATIONS", ARTICLE 4.3, "DISTRICT REGULATIONS, GENERAL PROVISIONS", SECTION 4.3.3, "SPECIAL REQUIREMENTS FOR SPECIFIC USES", SUBSECTION (Q), "GUEST COTTAGE", TO ESTABLISH THAT PERSONS EMPLOYED FOR SERVICE ON THE PREMISES CAN OCCUPY A GUEST COTTAGE; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 56-01 is on file in the City Clerk's office.) The City Attorney read the caption of the ordinance. Paul Dorling, Planning Director, stated this amendment is being processed to provide clarification and consistency in the "Definition Section" and "Special Requirements for Specific Use" Section regarding Guest Cottages. As currently written there is some confusion under the definition section whether a guesthouse could be multiple stories while occupying no more than 700 square feet on the ground floor. Ms. McCarthy asked that if someone built a garage and wanted to use it as a guest facility, could they no longer do that or would this not fall under "Guest Cottage"? In response, Mr. Dorling stated that they could do this, however, the total square footage could not exceed 700 square feet. Furthermore, Mr. Dorling explained that the garage could continue to function as a garage but it could not exceed a total of 700 square feet (including ground floor and second floor). -33- 10/02/01 Mr. Peflman moved to approve Ordinance No. 56-01 on FIRST Reading, seconded by Mr. Levinson. Upon roll call the Commission voted as follows: Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes. Said motion passed with a 5 to 0 vote. 12.C. ORDINANCE NO. 57-01: An ordinance amending Chapter 101 (Municipal Parks, Beach and Other Recreational Sites), by amending Section 101.27 (Animal Regulations) to allow for animals on the sidewalk and grassy area west of the dune line on the east-side of A- 1-A. If passed, a public hearing will be scheduled for October 16, 2001. The City Manager presented Ordinance No. 57-01: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 101, "MUNICIPAL PARKS, BEACH AND OTHER RECREATIONAL SITES", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, BY AMENDING SECTION 101.27, "ANIMAL REGULATIONS", TO CLARIFY THAT AN1MALS SHALL BE ALLOWED IN THAT GRASSY AREA OF THE MUNICIPAL BEACH BETWEEN THE EASTERN CURB OF A-1-A AND THE WESTERN BASE OF THE DUNE; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 57-01 is on file in the City Clerk's office.) The City Attorney read the caption of the ordinance. Mrs. Archer stated she agrees that people should be able to walk their dog on the sidewalk. However, Mrs. Archer stated the original intent of this was to keep the dogs away from the beach and the swimming area. Ms. McCarthy inquired about how this is being handled with the Dog Park at Lake Ida Park and commented that it appears to be well maintained. However, Ms. McCarthy commented that if this ordinance is passed, how is it going to be monitored for those who do not pick up after their dogs? In response, the City Manager stated they could be cited for violating the ordinance. The City Manager stated that currently there is nothing the City can do because there is nothing in the City Code that requires people to pick up after their dogs. Ms. McCarthy expressed concern about who will monitor or enforce this on a regular basis. With regard to the grassy area between the sidewalk and the beach, Mr. Levinson stated that it is a common thing for people to sit and walk in the grass and there are also people coming from the beach who use the showers. Mr. Levinson stated he shares the concern about people walking on the west side of the street because there are some places where it is not even two feet wide. Mr. Levinson stated that something needs to be put in place so that the City could cite a chronic offender and suggested that this be done in conjunction with a "pickup" ordinance. -34- 10/02/01 Ms. McCarthy suggested that there be additional signage to make people aware of having to pickup after their dogs and that the City investigate what entities work that area and incorporate that in the ordinance so that there may be some form of enforcement. The City Manager stated if this ordinance is passed on first reading, then this information can be presented to the Commission at the second reading. Mr. Levinson moved to approve Ordinance No. 57-01 on FIRST Reading, seconded by Mr. Perlman. Upon roll call the Commission voted as follows: Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes. Said motion passed with a 5 to 0 vote. Prior to the vote, Mrs. Archer stated she could support approving this if there was also a "pickup" rule posted. Mayor Schmidt stated that bags can be obtained at the Dog Park and these same bags could be posted at the showers so they would be readily available for people to use. The City Manager stated another approach would be to post a sign indicating "no dogs east of the sidewalk". Mr. Levinson stated from a practical standpoint, he feels it would be much easier to enforce Mayor Schmidt's suggestion of putting the bags out for people and a sign the reads "You Must Pickup After Dog" versus enforcing people to get off the sidewalk. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS. 13.A. Ci~. Manager. With regard to comments about the poor performance of the contractor on the Venetian Drive project, the City Manager stated the City's standard contract documents and general conditions govern the closeout of the contract. The City Manager stated they are specific in their requirements for sole completion and restoration of damaged property, payment of subcontractors, and suppliers and calculation of liquidated damages. The contract will be administered within those perimeters and the City will attempt to settle all the issues arising out of the project in an equitable manner and conclusion. The City Manager stated the final payment and closeout of the project would be presented to the Commission for a vote. Secondly, with regard to a comment fi.om the meeting of September 19th about some signs missing in the valet parking areas, the City Manager stated he understands that those signs have been replaced. 13.B. Ci.ty Attorney. The City Attorney had no comments and inquiries on non-agenda items. 13.C. 13.C.1. City, Commission. Commissioner Archer Mrs. Archer commented about the memo the Commission received and the fact -35- 10/02/01 about Veteran's Day not being a holiday. Mrs. Archer stated she was extremely upset about this because she feels it painted the City in a very bad light. Mrs. Archer stated she wants to make it clear that the reason why the City is not closed on Veteran's Day is because employees elected to not have that as a designated holiday in response to have the day after Thanksgiving off instead. Mrs. Archer stated the City is not refusing anything and reiterated that this was an elected choice. Secondly, Mrs. Archer formally requested that a repair job be done to the paneling on the dais where she sits because she mined her silk blouse. Mrs. Archer stated this is the second blouse that has been mined because of the broken paneling. 13.C.2. Commissioner Perlman Mr. Perlman stated that Carmelita Smith, Housing Director at the Delray Beach Community Development Corporation, is here this evening and commented that he had the honor and privilege of installing the Roots Board last night. He stated they have a lot of great plans for the future to take it to an even higher level and commented that it was very exciting to see. Also, Mr. Perlman noted that there were some complimentary remarks about Joe Weldon's participation on that Board and passed this along to the City Manager. Secondly, Mr. Perlman commented that he had the opportunity to go to the new Child Care Center located on Lake Ida Road and stated the facility is beautiful. Mr. Perlman stated although he is on the Board of Directors for the Child Care Center, he had not actually had the opportunity to go inside the building and reiterated that the facility is incredible. Lastly, Mr. Perlman commended Mayor Schmidt for the terrific speech he gave on Sunday evening at "The Night of Pride and Remembrance" event. 13.C.3. Commissioner McCarthy Ms. McCarthy stated this weekend she attended the Kids Fest event at Palm Beach Community College in Lake Worth. Ms. McCarthy stated there were numerous activities and the children appeared to have a great time. Ms. McCarthy stated it was fabulous to see so many children in one place laughing together, working together, being competitive and doing very positive things. 13.C.4. Commissioner Levinson Mr. Levinson stated he too received the fax regarding Veteran's Day and also received an e-mail. Mr. Levinson stated he was distressed that the gentleman did not have the courtesy to put his name or phone number. Mr. Levinson stated he wrote him back and indicated why there was this issue with Veteran's Day and recommended that next time the man should put his name and phone number. At that point, Mr. Levinson stated the man wrote a relatively threatening fax, which he spoke to the Police Department about. Finally in his last fax, Mr. Levinson stated the man gave him his last name and cell phone number. Mr. Levinson stated he feels it is unfortunate that if someone is complaining about something that they do not have the courage to give the Commission their name. -36- 10/02/01 Secondly, Mr. Levinson commented about "The Night of Pride and Remembrance" held Sunday evening and stated it was truly a great event. Furthermore, Mr. Levinson stated Mayor Schmidt made a spectacular speech especially with regard to the quote by Abraham Lincoln. Mr. Levinson stated he is only sorry that we apparently did not get the word out to more people earlier. Mr. Levinson stated the reverse 911 system is great when it works. Mr. Levinson stated the only problem is he received the call at 2:45 p.m. on Sunday and two or three people that walked up to the tennis stadium did not receive a call until 6:00/6:15 p.m the day of the event. Mr. Levinson suggested that there be a better system for communicating and stated he did not see the event advertised in the newspaper except for the Boca/Delray News. Mr. Levinson stated this was a unique event and feels there should have been a story in the newspaper well in advance of the event. Mr. Levinson stated he feels there was plenty of time to do so and he hopes that staff would put in place some method of alerting the community about these types of events. Lastly, Mr. Levinson stated he was at the Saturday night function at the Community Child Care Center because of the concert by the Florida Philharmonic and his father is the Chairman of the Board. Mr. Levinson stated he thought it was terrific to hear the concert and stated the facility is spectacular. Mr. Levinson stated the flooring in the auditorium is really nice and commented that the Boardroom is really lovely. 13.C.5. Mayor Sehmidt With regard to the issue of Veteran's Day, Mayor Schmidt stated he received one e-mail. Mayor Schmidt stated when he responded to this person and gave an explanation similar to what Mrs. Archer discussed, he sent a nice reply back thanking the Mayor for the explanation because he did not understand why the City is not closed on Veteran's Day. Secondly, Mayor Schmidt announced that the Advanced Institute for Elected Officials is being held the beginning of November and encouraged the Commission to see if they can fit this into their schedule. Lastly, Mayor Schmidt stated there is a potential conflict with the meeting on January 22, 2002 because this is Palm Beach County Day in Tallahassee. Mayor Schmidt stated the problem is that the following Tuesday is already scheduled for the Annual Town Hall Meeting. Mayor Schmidt inquired whether or not the Commission would like to try and squeeze in a third meeting or possibly hold only two City Commission meetings similar to December. Mayor Schmidt stated the Commission can play it by ear as to whether or not the two Commission meetings will be both regular meetings or if one will be a regular meeting and one will be a workshop meeting. It was the consensus of the Commission to hold meetings on Tuesday, January 8, 2002 and Tuesday, January 15, 2002 and the Annual Town Hall Meeting would be held on Tuesday, January 29, 2002. A decision will be made at a later date if there will be two regular meetings or one regular and one workshop meeting. There being no further business, Mayor Schmidt declared the meeting adjourned at 9:20 p.m. -37- 10/02/01 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 October 2, 2001, which minutes were formally approved and adopted by the City Commission on City Clerk NOTE TO READER: If the minutes you have received are not completed as indicated above, this means they are not the official minutes of the City Commission. They will become the official minutes only after review and approval, which may involve some amendments, additions or deletions. -38- 10/02/01 OCTOBER 16~ 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, October 16, 2001. Roll call showed: Present - Absent - Also present were - Commissioner Patricia Archer (arrived at 6:05 p.m.) Commissioner Jon Levinson Commissioner Alberta McCarthy Commissioner Jeff Perlman Mayor David Schmidt None City Manager David T. Harden Assistant City Manager Robert A. Barcinski City Attorney Susan A. Ruby City Clerk Barbara Garito 2~ prayer. Dr. Theodore Bush with the First Presbyterian Church delivered the opening PLEDGE OF ALLEGIANCE TO THE FLAG. The Pledge of Allegiance to the flag of the United States of America was given. AGENDA APPROVAL. Mr. Perlman moved to approve the agenda, seconded by Ms. Ms. McCarthy. Upon roll call the Commission voted as follows: Mr. Perlman - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes. Said motion passed with a 4 to 0 vote. 6.Ao APPROVAL OF MINUTES: None. PROCLAMATIONS: Recognizinu and Commending Pompey Park Youth Tennis Team Mayor Schmidt read and presented a proclamation hereby proclaiming the Pompey Park Youth Tennis Team to be "Champions among Champions and Ambassadors of Good Will and Good Sportsmanship for the City of Delray Beach, Florida". The State of Florida Youth Tennis District 6 Team Members representing Delray Beach are: Jermaine Bouie, Kayla Cox, Brandon Dowel, Marco Garcia, Sophonie Giddins, Alexander Gonzales, Emmanuel Gonzales, Phillo Gordon, Jennifer Jimenez, Merissa Leal, Lori Oxidine, Marion Reis, Gabriella Saleron, Elio Solory, and Lakia Wilson. Ann Green, Recreation Supervisor IV/Parks and Recreation, speaking on behalf of Pompey Park, congratulated the Youth Tennis Team and thanked Coach Bill Murray for representing them. Bill Murray, Coach of the Pompey Park Youth Tennis Team, stated that on behalf of thc tennis team hc would like to thank the Commission for their support. 6.B Recognizing City Government Week - October 21 through October 27, 2001 Mayor Schmidt read and presented a proclamation proclaiming October 21, 2001 through October 27, 2001 as Florida City Government Week. Robert A. Barcinski, Assistant City Manager, came forward to accept the proclamation. 6.Co Delra¥ Beach Orchid Society's llth Annual Show - October 26 through October 28, 2001 Mayor Schmidt read a proclamation encouraging all citizens to come to and support the Delray Beach Orchid Society's 11 th Annual Show "A Time for Orchids" to be held at the Old School Square gymnasium on October 26th, 27th and 28th, 2001. 6.I). Recognizing National Epilepsy Awareness Month - November 2001 Mayor Schmidt noted a proclamation hereby proclaiming November 2001 as National Epilepsy Awareness Month. PRESENTATIONS: 7.A. Resolution No. 63-01 - Recognizing and commending Jack Ceasar for Thirty-years of Dedicated Service to the City of Delra¥ Beach The caption of Resolution No. 63-01 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, RECOGNIZING AND COMMENDING JACK CEASAR FOR THIRTY YEARS OF DEDICATED SERVICE TO THE CITY OF DELRAY BEACH. (The official copy of Resolution No. 63-01 is on file in the City Clerk's office.) Mayor Schmidt read a Resolution recognizing and commending Jack Ceasar for thirty years of dedicated service to the City of Delray Beach and also presented him with a plaque. Mr. Ceasar came forward to accept the proclamation. -2- 10/16/01 Joe Weldon, Director of Parks and Recreation, stated it has been a pleasure to work with Mr. Ceasar the sixteen of the last thirty years that he has been employed with the City. Mr. Weldon stated Mr. Ceasar has been a leader by example in the Parks Maintenance Division and a friend to all his co-workers. Furthermore, Mr. Weldon stated that Mr. Ceasar is honest, trustworthy, and dependable and thanked him for a job well done. 7ogo Delray Shores/Sudan Neighborhood Action Plan Lula Butler, Director of Community Improvement, stated this is the Delray Shores/Sudan Subdivision Neighborhood Action Plan which is the first of a series of plans taking a comprehensive approach to community building through a Strategic Task Team approach. The team is made up of neighborhood volunteers and the City of Delray Beach Staff to address residents concerns and make improvements to the neighborhoods to help increase the quality of life and property values. Ms. Butler stated the Strategic Task Team approach is designed around four criteria. Those being as follows: (1) A defined geographic area; (2) An understanding of the residents' needs; (3) All City Departments contribute; and (4) Full participation by the local residents and property owners. The role of the Strategic Task Team includes community collaboration, conducting or commissioning a comprehensive study of the area, strategic implementation, making sure everyone understands the big picture, keeping everyone who commits to the plan accountable, and ensuring the process develops guardians so the results will be maintained. At this point, Ms. Butler gave a PowerPoint presentation. Ms. Butler recognized the following participants of the Delray Shores/Sudan Strategic Task Team: Lula Butler, Director of Community Improvement Ken Thomas, Community Development Program Coordinator · Tom Meeteer, Code Enforcement Supervisor Susan Passero, Code Enforcement Officer Winston Hudson, Neighborhood Program Specialist Lieutenant Charles Stravino, Fire Department Randal Krejcarek, City Engineer Officer Robin Smith, Police Department · Nancy Davila, City Horticulturist · Janet Meeks, Education Coordinator Ms. Butler recognized the following Neighborhood Participants of the Strategic Task Team Participants: -3- 10/16/01 Joyce Ginocchio · Shirley Goddard · Odessa McDonald · Viola Fashaw · Carl Wesley · Nixol Adea · Anthony Simmons Elaine Coleman Lewis Andrews Nathalee Barnes Alexander Christopher Carmelita Smith Kenneth Gray Fay Hill On behalf of the Commission, Mayor Schmidt stated he would like to commend all the residents from both neighborhoods who participated in this. Mayor Schmidt stated it takes a partnership between the residents and the government to make things work. Mayor Schmidt stated he is very excited about the program and feels Ms. Butler should be commended for all the hard work she has put into the planning and implementation. Mr. Perlman stated this makes him very proud of this plan and feels it is great to see the pride and unity in the neighborhood. Mr. Perlman stated he noticed in one of the sections of the plan the assessed property values had been flat over the past decade. Mr. Perlman stated he recently spoke to a realtor who informed him that the two best places to invest right now are Delray Shores and Sudan. Ms. McCarthy moved to adopt the Delray Shores/Sudan Neighborhood Action Plan, 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. CONSENT AGENDA: City Manager Recommends Approval. 8.A. RESOLUTION NO. 64-01: Approve Resolution No. 64-01 which verifies the City's commitment to provide a 50% match to the $6,000 requested from the Division of Historic Resources Division of the State of Florida for the Historic District Design Guidelines Grant. The caption of Resolution No. 64-01 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, VERIFYING THE CITY'S COMMITMENT TO PROVIDE A 50% MATCH FOR THE HISTORIC DISTRICT DESIGN GUIDELINES GRANT; AND AN EFFECTIVE DATE. (The official copy of Resolution No. 64-01 is on file in the City Clerk's office.) 8.B RESOLUTION NO. 65-01: Approve Resolution No. 65-01 establishing the Elder Ready Task Force consisting of fifteen (15) members with a sunset date of November 1, 2002. Commission appointments will be made at the November 6th Commission meeting. -4- 10/16/01 The caption of Resolution No. 65-01 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ESTABLISHING AN ELDER READY TASK FORCE FOR THE PURPOSE OF CREATING AN ELDER READY REPORT; AND AN EFFECTIVE DATE. (The official copy of Resolution No. 65-01 is on file in the City Clerk's office.) 8.C. LIMITED ACCESS EASEMENT: Approve a limited access easement for property located at 701 NW 2nd Avenue (northeast comer ofNW 2nd Avenue and NW 7th Street.) to allow for the construction of pool without encroachment into the required setback. 8.D. LANDSCAPE ARCHITECTURAL SERVICES/A. GRANT THORNBROUGH & ASSOCIATES (SWINTON AVENUE BEAUTIFICATION~ PHASE II): Approve an agreement in the amount of $16,500.00 to A. Grant Thombrough & Associates to provide landscape architectural services for the Swinton Avenue Beautification, Phase II project. Funding is available from 119-4151-572-60.69 (Beautification/Improvements Other). 8.E. COMMUNITY DEVELOPMENT DIVISION'S HOUSING REHABILITATION GRANT AWARDS: Approve Housing Rehabilitation grant awards through Community Development Division Housing Rehabilitation Grant in the amount of $24,297.00 to Abisset Corporation for 317 SW 12th Street, and $20,259.75 to South Florida Construction for 343 NW 7th Avenue. Funding is available from 118-1924-554~49.19 (SHIP Housing Rehabilitation Grant). 8.F. ASSIGNMENT CONSENT/URS CORPORATION (FORMALLY DAMES & MOORE): Approve the request from URS Corporation to change the name on all future service authorizations for engineering services from Dames & Moore to URS Corporation due to acquisition of Dames & Moore by URS Corporation. 8.G. FINAL PAYMENT/SECURITY ROOFING~ INC. (RE-ROOFING BEACH PAVILIONS): Approve final payment in the amount of $789.80 to Security Roofing Inc. for the completion of the Beach Pavilions re-roofing project. Funding is available from 334-6112- 519-62.13 (Re-roofing Beach Pavilions). 8.H. CHANGE ORDER #1/FLORIDA BLACKTOP (SE/SW ROADWAY IMPROVEMENTS: Approve Change Order #1 to Florida Blacktop in the amount of $109,762.59 for the completion of the SE/SW Infrastructure Improvements. Funding is available in the amount of $66,357.58 from 441-5181-536-69.22 (SE 7th Avenue), and in the amount of $43,405.01 from 370-3162-541-63.45 (2000 Road Bond-SE/SW Area Improvements). 8.1. CONTRACT ADDITION (C.O. (S OUTHRIDGE/SUNSET/ALBATROSS/ROADWAY #1)/SONIC ENGINEERING INFRASTRUCTURE -5- 10/16/01 MPROVEMENTS CONTRACT): Approve a Contract Addition (C.O. #1) in the amount of $107,351.50 to Sonic Engineering for approximately 2.205 L.F. of gravity sewer main replacement for the Lake Ida Road improvement project. Funding is available from 442-5178- 536-61.51 W&S/Sewer Mains). 8.Jo SERVICE AUTHORIZATION NO. 10/MATHEW'S CONSULTING (WATER MODEL OF DISTRIBUTION SYSTEM): Approve Service Authorization No. 10 to Mathew's Consulting for professional engineering services in the amount of $107,164.75 for preparation of a computer model of the water distribution system. Funding is available from 442-5178-536-31.90 (W&S Other Professional Services). th 8.K. SPECIAL EVENT REQUEST/12 ANNUAL HARVEST FEST: Approve a special event request to hold the 12th Annual Harvest Fest on November 17th and 18th from 10 a.m. to 5 p.m. To grant a temporary use permit, use of Veterans Park, waiver of the 2-hour parking limits at various parking lots, staff support for security, traffic control and event signage. SoLo REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Land Development Boards for the period October 1, 2001 through October 12, 2001. 8°M. AWARD OF BIDS AND CONTRACTS: Purchase award for an estimated annual cost of $91,575.00 to Praxair Inc. for Liquid Carbon Dioxide (Co2) via the City of West Palm Beach Bid #00/01-51. Funding is available from 441-5122-536-52.21 (W&S Chemicals). 0 Award of bid in the estimated annual cost of $75,000.00 to AMPS, Inc. for production well rehabilitation for various wells located within the City. Funding is available from 442-5178-536-63.97 (W&S Repair & Replacement Fund). Bid award for an estimated annual cost of $15,000.00 to AlliedUniversal Corporation for the purchase of Hydrofluosilcic Acid. Funding is available from 441-5122-536-52.21 (W&S Chemicals) e Contract renewal for an estimated annual cost of $35,000.00 to Colonna Asphalt Restoration Inc. for asphalt and concrete repairs to various locations within the City. Pricing via Broward County contract #H-D-98- 280-M1, funding is available from 441-5123-536-34.90 (Other Contractual Services). ° Purchase award to Flowserve US Inc. in the amount of $41,500.00 for new water main line stop equipment via based on prices from an existing City of Lauderdale purchase order. Funding is available from 441-5123-536- -6- 10/16/01 8oN. 64.90 (W&S Other Machinery & Equipment). Bid award in the amount of $51,300.00 to Accurate Tennis for the resurfacing of six (6) clay courts at the Delray Beach Tennis Center. Funding is available from 334-4145-572-63.90 (General Construction/Other Improvements). MODIFICATION AND EXTENSION AGREEMENT/CHILDREN'S SERVICES COUNCIL: Approve the Modification and Extension Agreement between the City and the Children's Service Council for grant funding in the amount of $124,680 in support of the Park's & Recreation Out-of-School Youth Recreation/Enrichment program, subject to review and approval by the City Attorney. Mr. Levinson moved to approve the Consent Agenda, seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes. Said motion passed with a 5 to 0 vote. REGULAR AGENDA: 9A. EXTENSION REQUEST FOR CONDITIONAL USE APPROVAL/DRUG ABUSE FOUNDATION): Consider approval of an extension of a conditional use modification request to allow the construction of an 80-bed dormitory for the Drug Abuse Foundation, which is located at the Southwest Comer of Swinton Avenue and SW 4th Street. Due to a conflict of interest, Mayor Schmidt stepped down and passed the gavel to Vice-Mayor McCarthy. Paul Dorling, Planning Director, stated at its meeting of May 2, 2000, the City Commission approved a conditional use modification to allow the 80-bed dormitory at the drug abuse treatment facility at S.W. 4th Street and Swinton Avenue. The approval is valid for 18 months unless 25% of the improvements have been completed. To date, the applicant has not addressed the condition of approval that required platting the property. Consequently, the applicant has submitted a request for the extension of the conditional use approval. At its meeting of January 2, 2001, the City Commission approved changes to the requirements for Residential and Non-Residential Alcohol & Drug Abuse Treatment Facilities. The most significant change provided a 1,200-foot separation requirement between these facilities and similar facilities as well as between private/public elementary, middle or secondary schools. Mr. Dorling stated in reviewing this all the original required findings continue to be applicable and with respect to the separation, the existing drug abuse foundation is approximately 1,420 feet from St. Paul's Episcopal Church, which contains a private school. Mr. Dorling stated given that this exceeds the 1,200 feet of another such facility, -7- 10/16/01 there is no issue with the separation requirements. Staff is recommending approval based upon positive findings with respect to Chapter 3 (Performance Standards), Sections 2.4.5(E)(5) and 4.3.3(D) of the Land Development Regulations, and the policies of the Comprehensive Plan, said approval to be valid for an additional eighteen (18) months, subject to the condition that the property be platted. The following applicant came forward to address the Commission: Jose A. Obeso, 1600 N.W. 2''a Avenue~ Boca Raton~ FL~ architect for the Drue Abuse Foundation~ stated for quite some time they have continued working with the City in order to get the approval so that this building would be constructed. Due to funds that the drug abuse foundation could not come up with, the project could not get underway. The Drug Abuse Foundation now has the necessary funding and everything is pending per approval by the Commission. The City Attorney asked if there is a need for a site plan extension as well? In response, Mr. Dorling stated the site plan was approved sometime after the conditional use and if the construction is started then there is probably not a need for it. Mrs. Archer inquired whether or not St. Paul's Episcopal Church had been notified of the pending construction? In response, Mr. Dorling stated he has not been notified of the pending construction. Ms. McCarthy declared the public hearing open. There being no one who wished to address the Commission, the public hearing was closed. Mr. Perlman moved approval of the extension of a conditional use modification request to allow the construction of an 80-bed dormitory for the Drug Abuse Foundation, seconded by Mr. Levinson. Upon roll call the Commission voted as follows: Vice-Mayor McCarthy - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes. Said motion passed with a 4 to 0 vote. 9.B. REQUEST TO WAIVE LIEN INTEREST: Consider a request from Mr. Don Johnson, 338 th NW 4 Avenue, to waive the interest accumulated ($258.70) on a lien against his recently acquired property. Mr. Johnson is prepared to pay the remaining lien of $746.13, which includes the City's out-of-pocket expenses. Lula Butler, Director of Community Improvement, stated that Mr. Don Johnson purchased property located at 338 N.W. 4th Avenue through a private sale without a title search. Through Code Enforcement, the City abated multiple nuisances on this property between 1995 and 1997. The liens total up to $1,004.83 as of today, which includes all of the interest and other fees. Mr. Johnson is willing to pay $746.13, which includes the City's out-of-pocket expenses, but feels it is not fair for him to pay the interest of $258.70 since he was only recently made aware of the liens. When a lien search request is sent to the City via the City Attorney's office or the -8- 10/16/01 City Clerk's office, Mr. Levinson suggested that the City send a document that reads as follows: "This may not be the total number of liens and this must be verified through the lien records at the County". Mr. Peflman moved to waive the lien interest request in the amount of $258.70 on the property located at 338 N.W. 4th Avenue, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mayor Schmidt- Yes; Mr. Pedman- Yes; Mrs. Archer- Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes. Said motion passed with a 5 to 0 vote. Prior to the vote, Ms. McCarthy stated some sales are happening without the traditional title search. Ms. McCarthy suggested that if this is a concern, the Commission might need to discuss this further. Ms. McCarthy stated that the Commission would probably see more of this in the next five years. 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. 57-01: An ordinance amending Chapter 101 (Municipal Parks, Beach and Other Recreational Sites), by amending Section 101.27 (Animal Regulations) to allow for animals on the sidewalk and grassy area west of the dune line on the east-side of A- 1-A. Prior to consideration of passage of this ordinance on Second and FINAL Reading, a public hearing has been scheduled to be held at this time. The City Manager presented Ordinance No. 57-01: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 101, "MUNICIPAL PARKS, BEACH AND OTHER RECREATIONAL SITES", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, BY AMENDING SECTION 101.27, "ANIMAL REGULATIONS", TO CLARIFY THAT ANIMALS SHALL BE ALLOWED IN THAT GRASSY AREA OF THE MUNIC~AL BEACH BETWEEN THE EASTERN CURB OF A-1-A AND THE WESTERN BASE OF THE DUNE; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 57-01 is on file in the City Clerk's office.) The City Attomey 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. -9- 10/16/01 Robert A. Barcinski, Assistant City Manager, stated at its meeting of October 2, 2001, the City Commission voiced concerns about enforcement, signage, pedestrian safety and clean up after pets. Mr. Barcinski stated a memo from Police Chief Schroeder is included in the agenda backup outlining the enforcement measures. Public Works staff will make and install new signs along A-l-A, which would include clean up after pet requirements. Mr. Levinson inquired about Mayor Schmidt's suggestion with regard to the plastic bags and asked Mr. Barcinski if he was able to obtain any information? In response, Mr. Barcinski stated he needs to call the County to obtain information about the plastic bags. Mayor Schmidt declared the public hearing open. There being no one from the public who wished to address the Commission, the public hearing was closed. Charlene Henning, 1102 Waterway Way~ distributed a letter to Mayor Schmidt from one of the homeowners and stated she fully supports this ordinance. In addition, Ms. Henning reassured the Commission that she and her neighbors would clean up after their dogs. Louis Feldgoise~ 1026 Coralina Lane, stated he is a dog owner and expressed his support for the amendment to the ordinance. Mr. Feldgoise stated that he uses Gleason Street to walk his dog and emphasized that the street is extremely dark and not safe. Mr. Feldgoise stated if the proper enforcement is put into place and the community is notified of a significant finding imposed and should people not respect this, Mr. Feldgoise feels it would be adequate to encourage people to follow the regulations Alice Finst, 707 Place Tavant, suggested that the Commission review this ordinance and have a restricted area. For example, Ms. Finst suggested that the restricted area be at the north end of the beach with access to the water. Ms. Finst suggested that there be a "dog beach". Ms. Finst stated she would also like to see additional language in the ordinance regarding a review in six months to see how it is working. Emily Stolman~ 1015 Vista Del Mar, stated she recently moved to Delray Beach from New York where you can basically walk your dog anywhere. Ms. Stolman fully supports the amendments to the ordinance. Leslie Hening, 1102 Waterway Lane, stated he is in favor of the expansion to the west side of the dune. Mr. Hening stated if there was a sidewalk on the west side of A-1-A then there would be no problem. However, currently to adhere to the rules of Delray Beach Mr. Hening stated someone walking their dog must walk in the road and he feels this is very dangerous. John Bennett, 137 Seabreeze Avenue, supports this ordinance and suggested that there be more signs warning people to "do it right or loose it" in addition to the other signs that will be posted to make it clear to people who are not as motivated to pickup after their pets. With regard to the way the ordinance is written, Mr. Bennett explained two suggestions, which he feels the ordinance should reflect. One, Mr. Bennett suggested that the animals being walked in this area be on a leash. Secondly, Mr. Bennett made reference to the last sentence in the -10- 10/16/01 ordinance that reads: "All animal owners shall be responsible for the cleanup and disposal of any animal waste in this area." Mr. Bennett suggested that the wording be changed to add the following language at the end of the sentence "caused by their animals". Mary. Ann Monnin, 130 Andrews Avenue, stated there are no sidewalks in the area and no neighborhood protection for dogs. Ms. Monnin inquired about why the sidewalk on the west side of A-1-A was never extended from Seagate to George Bush Boulevard. She feels the two sidewalks that are available north of Atlantic Avenue should be shared and people need to be responsible for picking up after their animals. Ms. Monnin stated walking on the west side is very dangerous and urged the Commission to take this very seriously. There being no else who wished to address the Commission, the public hearing was closed. Mr. Perlman commented that he has a dog and remembers that one of the frustrations he recalls is when the dog was younger is that there was no place to take him except for a County park. Mr. Perlman feels this ordinance is reasonable and he will support it. Ms. McCarthy stated her concern is the people who walk in the early morning that will be confronted with those people walking their dogs. Ms. McCarthy supports this ordinance but stated she would like to see a six-month review period. Mrs. Archer stated she feels it is important to support the ordinance with the understanding that this be reviewed in approximately six months to a year. In addition, she feels the dogs should be on a leash. The City Attorney stated that the intent of the ordinance is that the dogs have a leash and that they not be allowed to just run free. Mr. Levinson stated he agrees with the leash and the review provision. In addition, although he feels it is important for responsible dog owners to pickup after their dogs, Mr. Levinson feels the language in the last sentence of the ordinance which states: "...any animal waste in this area." should be changed because he feels that it is unreasonable. Mayor Schmidt suggested changing the word "any" to "their". Mr. Levinson concurred with Mayor Schmidt about the wording change. The City Attorney gave direction to the City Clerk to place this in her tickler file for April 8, 2002. Mr. Levinson moved to adopt Ordinance No. 57-01 on second and FINAL Reading as amended, seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Mr. Perlman- Yes; Mrs. Archer- Yes; Mr. Levinson- Yes; Ms. McCarthy- Yes; Mayor Schmidt - Yes. Said motion passed with a 5 to 0 vote. 10.B. REQUEST FOR WAIVER OF CITY ORDINANCE (ABC CARPET & HOME): Consider a request from ABC Carpet & Home, 777 South Congress Avenue, for a -11- 10/16/01 waiver to the provisions of Section 4.6.7(G)(7) of the Sign Code in the City's Land Development Regulations. The City will consider waiving the provisions of the code that state flat wall signs must face dedicated street frontage and also limits the total number of signs allowed on the project site. (Quasi-Judicial Hearing). Prior to consideration of passage of this ordinance on Second and FINAL Reading, a public hearing has been scheduled to be held at this time. Mayor Schmidt asked the Commission to disclose any ex parte contacts. Mayor Schmidt stated he received a call today from Pat Stark, who works for the applicant ABC Carpet. Mr. Levinson noted that he also had a conversation with Ms. Stark. Vice-Mayor McCarthy, Commissioner Peflman, and Commissioner Archer had no ex parte contacts. The City Attorney stated all involved parties would conduct this item as a quasi- judicial heating, which allows for presentations, the admission of documents into the record and public testimony. Barbara Garito, City Clerk swore in those individuals who wished to give testimony on this waiver. Lula Butler, Director of Community Improvement, stated the Commission is being asked to consider a request from ABC Carpet for a waiver to Section 4.6.7(G)(7), which govems the number and size of flat wall signs allowed in the commercial zoning districts. The business is located at 777 South Congress Avenue. The agent is seeking approval of two additional flat wall signs to the north and south elevations and both signs will be 10' x 8' (80 square feet). Section 2.4.7(B) of the LDR's allows the Commission to grant waivers. Before granting a waiver, the Commission shall make a finding based on one of the following: Shall not adversely affect the neighborhood area Shall not significantly diminish the provision of public facilities Shall not create an unsafe situation; and Does not result in the granting of a special privilege in that the same waiver would not be granted under similar circumstances on other property for another applicant or owner. Staff recommends denial of the addition of two flat wall signs to its existing business, as the granting of a waiver would result in a special privilege. Mike Sneiderman~ owner of Sign-A-Rama~ stated that ABC Carpet is a 60,000 square foot building and is a destination point for thousands of people coming from as far away as Jacksonville, Naples, Key West, and Tampa. Mr. Sneiderman stated the reason ABC Carpet needs this signage because the product at ABC Carpet & Home is a high-end product. Pat Stark~ 16 Andrews Avenue and works at ABC Carpet & Home~ stated customers constantly tell her that while driving on 1-95 they drive right past the business. Ms. Stark urged the Commission to approve this waive and stated she is pleading hardship. -12- 10/16/01 There being no one else who would like to speak in favor or against the waiver, the public heating was closed. A brief discussion followed between the Commission, staff, and owner of Sign-A- RaFfia. Mrs. Archer moved to the deny the request from ABC Carpet & Home, 777 South Congress Avenue, for a waiver to the provisions of Section 4.6.7(G)(7) of the Sign Code in the City's LDR's, seconded by Mr. Levinson. At this point, Mrs. Archer withdrew her motion and Mr. Levinson withdrew his second. Mrs. Archer moved to approve that the City allow ABC Carpet & Home to place the proposed signs on the north and south comers of the building and require them to remove the sign that exists on the east side, second 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. The City Manager commented that staff is working on the revision of the sign code. Ms. Butler stated the target date to complete the rewrite of the sign code is November 20th and then the committee of sign contractors will present to staff for review. Ms. Butler stated the sign code would then be brought before the Commission around February 2002. 10.C. ORDINANCE NO. 55-01: An ordinance rezoning from R-1-A (Single Family Residential) to CF (Community Facilities) to accommodate an off-street parking lot for Donnie's Golden Spoon Restaurant located on the east side of NW 6th Avenue, approximately 300 feet north of West Atlantic Avenue. (Quasi-Judicial Hearing). Prior to consideration of passage of this ordinance on Second and FINAL Reading, a public hearing has been scheduled to be held at this time. The City Manager presented Ordinance No. 55-01: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED R-1-A (SINGLE FAMILY RESIDENTIAL) DISTRICT TO CF (COMMUNITY FACILITY) DISTRICT; SAID LAND BEING A PARCEL OF LAND LOCATED ON THE EAST SIDE OF NW 6TM AVENUE, APPROXIMATELY 300' 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. -13- 10/16/01 (The official copy of Ordinance No. 55-01 is on file in the City Clerk's office.) CONDITIONAL USE REQUEST: Consider a conditional use request to establish a privately operated parking lot for Donnie's Golden Spoon Restaurant located on the ease side of NW 6th Avenue, approximately 300' north of West Atlantic Avenue. Prior to consideration of passage of this item, a public heating has been scheduled to be held at this time. The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. The City Attorney stated there is also a conditional use request associated with this rezoning and suggested to combine all testimony. The City Attorney asked the Commission to disclose any ex parte contacts. No exparte contacts were noted. Barbara Garito, City Clerk, swore in those individuals who wished to speak on the rezoning and the conditional use. Paul Dorling, Planning Director, entered into the record the Planning and Zoning Department's file #2001-027 and file #2001-228. The proposal is to utilize the subject property for a 13-space parking lot associated with the restaurant. In order to use the property for parking, the property is being rezoned from its current R-1-A (Single Family Residential) zoning designation to CF (Community Facilities). Operation of a privately owned parking lot in the CF zoning district requires conditional use approval, which is being processed concurrently with second reading. At its meeting of September 24, 2001, the Planning and Zoning Board held a public hearing on the proposed rezoning. The Board recommended approval of the rezoning by a vote of 5 to 0 (Randolph and Shutt absent), based upon positive findings with respect to Chapter 3 (Performance Standards) and Section 2.4.5(D)(5) of the Land Development Regulations, and policies of the Comprehensive Plan. Ms. McCarthy inquired about the ownership of the alley. Mr. Dorling stated the owner of the alley is unknown and stated the applicant needs to clarify ownership obtaining ownership of that parcel. There being no one from the public who wished to address the Commission, the public hearing was closed. Mr. Perlman asked if there is adequate parking for the size of the restaurant? In response, Mr. Dorling stated there is adequate parking. The City Attorney asked Mr. Dorling if this could be done with an outside parking agreement? Mr. Dorling explained that this would -14- 10/16/01 require an agreement with the Fire Station property. Mr. Dorling stated that the Code states that it would be a 300-foot pedestrian route and if someone had to go around the Fire Station property, they would exceed the 300 feet. However, Mr. Dorling stated if they could walk through the Fire Station property, then it would within the 300 feet. Mr. Perlman moved to adopt Ordinance No. 55-01 rezoning from R-1-A (Single- Family Residential) to CF (Community Facilities) to accommodate an off-street parking lot on second and FINAL Reading, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes. Said motion passed with a 5 to 0 vote. Mr. Perlman moved to approve the conditional use request, subject to the conditions, seconded by Mr. Levinson. Upon roll call the Commission voted as follows: Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes. Said motion passed with a 5 to 0 vote. 10.D. ORDINANCE NO. 53-01 (SECOND READING/SECOND PUBLIC HEARING): An ordinance amending Land Development Regulations Section 4.4.9(D) (Conditional Uses and Structures Allowed), Section 4.4.9(F)(2) (West Atlantic Avenue Overlay District Standards), and Section 4.4.9(G)(1) (West Atlantic Avenue Overlay District Supplemental District Regulations), for the GC (General Commercial) Zone District, implementing recommendations in the West Atlantic Avenue Redevelopment Plan. The City Manager presented Ordinance No. 53-01: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING CHAPTER FOUR, "ZONING REGULATIONS", ARTICLE 4.4, "BASE ZONING DISTRICT", SECTION 4.4.9, "GENERAL COMMERCIAL (GC) DISTRICT", SUBSECTION (D), "CONDITIONAL USES AND STRUCTURES ALLOWED", TO PROVIDE FOR CLARIFICATION OF CONDITIONAL USES AND STRUCTURES ALLOWED IN THE GC DISTRICT, BY AMENDING SUBSECTION (F), "DEVELOPMENT STANDARDS", SUB-SUBSECTION (2), "WEST ATLANTIC AVENUE OVERLAY DISTRICT DEVELOPMENT STANDARDS", TO PROVIDE SETBACKS FOR PARCELS THAT HAVE FRONTAGE ALONG NW AND SW 5TM AVENUE; AND BY AMENDING SUBSECTION (G), "SUPPLEMENTAL DISTRICT REGULATIONS", BY AMENDING SUB-SECTION (1), "WEST ATLANTIC AVENUE OVERLAY DISTRICT SUPPLEMENTAL DISTRICT REGULATIONS" , TO PROVIDE THAT ALL PERMITTED -15- 10/16/01 USES WITH DRIVE-THROUGH FACILITIES SHALL REQUIRE CONDITIONAL USE APPROVAL AND TO ESTABLISH PARKING REQUIREMENTS FOR HOTELS AND MOTELS; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 53-01 is on file in the City Clerk's office.) The City Attomey 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 Dorling, Planning Director, stated the following three text amendments were identified to in the West Atlantic Avenue Redevelopment Plan to be executed: All drive-through facilities within the Overlay District will require conditional use approval; The front setback for properties fronting on NW and SW 5th Avenues within the Overlay District shall be reduced to 5 feet; and, The parking requirements for hotels and motels should be set at 0.7 of a space for each guest room plus one (1) space per 30 square feet of floor area devoted to ballrooms, meeting rooms, and shops and six (6) spaces per 1,000 square feet of floor area devoted to restaurants and lounges within the hotel or motel. At its meeting of September 24, 2001, the Planning and Zoning Board held a public hearing. The Board voted 5-0 (Randolph and Shutt absent) to recommend approval of the proposed text amendment, based upon positive findings with respect to LDR Section 2.4.5(M)(5). Mayor Schmidt declared the public hearing open. There being no one who wished to address the Commission, the public hearing was closed. Mrs. Archer moved to adopt Ordinance No. 53-01 on second and FINAL Reading, 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. 10.E. ORDINANCE NO. 56-01: An ordinance amending Land Development Regulations Section 4.3.3(Q) regarding the definition and size of Guest Cottages, pursuant to Section 2.4.5(M). Prior to consideration of passage of this ordinance on Second and FINAL Reading, a public hearing has been scheduled to be held at this time. The City Manager presented Ordinance No. 56-01: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CODE -16- 10/16/01 OF ORDiNANCES OF THE CITY OF DELRAY BEACH, FLORIDA BY AMENDiNG APPENDIX "A", "DEFiNITIONS", TO CLARIFY THE DEFINITION OF "GUEST COTTAGE"; AND BY AMENDING CHAPTER FOUR, "ZONING REGULATIONS", ARTICLE 4.3, "DISTRICT REGULATIONS, GENERAL PROVISIONS", SECTION 4.3.3, "SPECIAL REQUIREMENTS FOR SPECIFIC USES", SUBSECTION (Q), "GUEST COTTAGE", TO ESTABLISH THAT PERSONS EMPLOYED FOR SERVICE ON THE PREMISES CAN OCCUPY A GUEST COTTAGE; PROVIDING A GENERAL REPEALER CLAUSE, A SAViNG CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 56-01 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. Paul Dorling, Planning Director, stated this amendment is being processed to provide clarification of the "Definition" (Appendix A) and special requirements (LDR Section 4.3.3(Q)) of the Land Development Regulations regarding Guest Cottages and for the most part is self-explanatory. Mayor Schmidt declared the public hearing open. There being no one from the public who wished to address the Commission on this ordinance, the public hearing was closed. Ms. McCarthy moved to adopt Ordinance No. 56-01 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. 10.F. RESOLUTION NO. 62-01: Consider approval of Resolution No. 62-01 authorizing the acquisition of property located generally West of Barwick Road, North of the L- 31 Canal, South of the L-30 Canal and East of Military Trail. Prior to consideration of this resolution, a public heating has been scheduled to be held at this time. The City Manager presented Resolution No. 62-01: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORDA, AUTHORIZING THE CITY TO PURCHASE CERTAIN REAL PROPERTY MORE PARTICULARLY AND LEGALLY DESCRIBED IN THE CONTRACTS FOR SALE AND PURCHASE, SAD PROPERTY LOCATED GENERALLY WEST OF BARWICK ROAD, -17- 10/16/01 NORTH OF THE L-31 CANAL, SOUTH OF L-30 CANAL AND EAST OF MILITARY TRAIL, HEREBY INCORPORATING THE TERMS OF AND ACCEPTING THE CONTRACTS AFFIXED HERETO BY AND BETWEEN THE SELLERS AND THE CITY OF DELRAY BEACH. (The official copy of Resolution No. 62-01 is on file in the City Clerk's office.) The City Attorney stated this is a resolution that has attached to it contracts for the acquisition of various properties located between Barwick Road and Military Trail. The City Attorney stated that the contracts are fairly contingent and the purpose is for a potential high school location and/or future recreational opportunities. The City Attorney stated that the contracts require a deposit (prices set forth in the Exhibit). However, the City Attorney stated if the City does not choose to close, the City would receive a refund of that deposit. Furthermore, the City Attorney stated it equates to approximately 54.50 acres of land. The City Manager stated the City is working with the Palm Beach County School Board on an agreement, which is scheduled to go to the Board for their work session in November. The City Manager stated the whole idea is to turn around and sell most of it back to the School Board at some point. The City Manager stated part of the property might be retained for soccer fields. Mayor Schmidt declared the public hearing open. The following individuals came forward to address the Commission on Resolution No. 62-01: John Bennett~ 137 Seabreeze Avenue, stated he feels this is pro-active to hold on to the land so that the City can get a school later. However, when and if the School Board buys the property from the City, Mr. Bennett asked where the $7.3 million would be coming from? The City Attomey stated there is period of time of due diligence. Also, the City Attorney stated and if there is no agreement with the School Board the City will not be closing. Mayor Schmidt stated depending on the timing of the potential agreement with the School Board the City might need to do some short-term borrowing until the School Board is ready to buy the property back. The City Attorney stated depending on the timing of the School Board, the City could assign these contracts potentially as well. Alice Finst, 707 Place Tavant~ stated she is astounded that a financial expenditure of this magnitude is being brought directly to a Commission meeting. Ms. Finst feels it would be more appropriate to bring this item to a Workshop meeting and then discussed. Mr. Perlman stated he has talked to the City Manager for several months regarding this issue and emphasized that this was not a five-minute decision. -18- 10/16/01 Mayor Schmidt stated he has been aware of these parcels and the City's attempt to assemble them and what is also going on with other sites. Mayor Schmidt stated the entire Commission has been staying aware of this issue with the City Manager for quite some time. For the record, Ms. McCarthy stated that the Commission has been talking about land banking for over the past year. Ms. McCarthy stated she feels some people get alarmed when they see the cost of what the land is going to be but everyone was in agreement for land banking. Ms. McCarthy stated she would like to differ with comments expressed by Ms. Finst that this item would have to be placed on a Workshop meeting. Mr. Perlman commented that there is a need for the land for schools and stated he fully supports the City purchasing the property. There being no one else who wished to address the Commission, the public heating was closed. Mr. Perlman moved to approve Resolution No. 62-01, seconded by Mr. Levinson. Upon roll call the Commission voted as follows: Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes. Said motion passed with a 5 to 0 vote. At this point, the Commission moved to Item l l.A., Comments and Inquiries on Non-Agenda Items from the City Manager. ll.A. City Manager's response to prior public comments and inquiries. With regard to a prior concern expressed over the loss of historic buildings and the City's inventory of such buildings, the City Manager stated the City does have a partial inventory buildings which are fifty years old and older. In 1998, the City Manager stated the City received a grant from the Division of Historical Resources to complete Phase I of the historic structure survey, which identified 400 historic structures. The City Manager stated these along with 350 structures previously documented bring the total to 750 fully documented historic structures. During the Phase I survey an additional 500 properties were identified. In the year 2000, the City Manager stated the City received an additional grant for Phase II and the inventory of those additional structures is underway. All buildings that are fifty years old or older that have historical or architectural significance are identified as contributing structures. These are provided additional protection during the review process with the Historic Preservation Board (HPB). The City does have a database, which allows the Planning and Zoning staff to identify properties by address, and provides the ability to come up with master site file forms. The City Manager stated some people are under the impression that it will stop demolition. The City Manager stated this slows demolition down and allows for some questions to be asked but it will not stop it. The City Manager stated staff is identifying these and where appropriate may add historic districts or expand historic districts, which create an additional level of protection. With regard to a concern expressed about conflicting Board meetings, the City Manager stated the conflict came about because the Site Plan Review Board (SPRAB) has been meeting every other week and the Historic Preservation Board (HPB) has been meeting on -19- 10/16/01 certain weeks of the month. The City Manager stated this created a conflict on Wednesdays. SPRAB and HPB will now meet on a regular basis. SPRAB will meet on the second and the fourth Wednesday of the month and the HPB will continue to meet the first and third Wednesday of the month. This schedule should allow any citizen that desires to attend both meetings to do so and should eliminate any potential conflict for design professionals, which may have multiple projects before both Boards. The City Manager stated the change will be effective November 1st and the only difference will be that there will be two fewer SPRAB meetings a year and may slow down consideration of some projects in certain months. With regard to a previous comment about the new flat wall signs painted on the community market north of east elevations and an inquiry about advertisements being placed on the grocery store located at S.W. 10th Street and Wallace Drive, the City Manager stated all signs proposed for the West Atlantic Avenue redevelopment area are reviewed by the West Atlantic Avenue Redevelopment Coalition (WARC). The signs alluded to were applied for in July and staff's recommendation to WARC was to direct the applicant to create a more esthetically appealing sign for this location considering the quality and type of upgrades desired for this commercial corridor. However, the Board voted unanimously to accept the sign designs as presented. The Board felt that the sign code should be changed to dictate aesthetic design features for the downtown corridor. With regard to the market located at S.W. l0th Street and Wallace Drive, the City Manager explained that prior to the October 2na meeting, staff had already addressed the illegal signs advertising the sale of beer and cigarettes referred to at this location. The City Manager stated all of the illegal signs were removed as of October 3fa. The City Manager stated there is a problem with a recurring sandwich sign advertising the sale of lotto tickets but generally the owner has been cooperative with the City's direction regarding signs. With regard to recent comments regarding wild animals, the City Manager stated in order to trap and transport wild animals you have to have special trapping and transporting permits from the Florida Fish and Wildlife Conservation Commission. The City Manager stated the trapping and transportation would be a problem for us because the City's kennel is not equipped to house wildlife and we do not have proper food supplies to feed any non-domestic animals. Removing wildlife from field traps to the animal control vehicle then to the kennel area poses significant handling problems. If the animal needs to be removed from the kennel the transport and other handling problems is encountered. The City Manager stated it is still legal to relocate nuisance wildlife to public land and relocating nuisance wildlife to private land is possible with permission from the landowner. The City Manager stated relocation in any event is a risky procedure and the Florida Fish and Wildlife Conservation Commission writes that it is rare that relocated animals have a good chance of survival and moving them may even affect the survival of animals in their new home. Private licensed trappers are much more accustomed to dealing with the problems imposed by the wildlife than the City. Private trappers dispose of animals they trap as a business decision. The City's animal control vehicle and kennel are equipped to deal with domestic animals and since all the domestic animals in the City's custody are transported to Palm Beach County, County personnel attempt to adopt the animals out to caring individuals. The City Manager stated the Florida Fish and Wildlife Conversation Commission does have a website viewing this particular problem and they said particularly with regard to raccoons that it is lawful for landowners to humanely destroy or live trap nuisance -20- 10/16/01 raccoons without a permit. If the raccoon is to be taken away from the property and released, a permit is required to transport the animal and you must have permission from the property owner. With regard to Ms. Rolle's comments about the oleanders on the west side of the tennis center, the City Manager stated the oleanders appear to have some type of disease or fungus and the City intends to get them pulled out and replaced by the end of the month. With regard to the construction along Atlantic Avenue, the City Manager stated in retrospect when the next phase of the beautification project is planned, the City may want to budget for a construction schedule that avoids disruption of pedestrian traffic on both sides of the street simultaneously. The City Manager stated this was not done on the current project due to time and cost issues. In any event, the City Manager stated even though staff continually works with the contractor to address safety issues during the project, it is a construction site and appropriate care needs to be exercised by anyone entering the area for any reason. At various points in time during construction excavations where installation of underground utilities electric conduit, etc. must occur. These trenches are not left open during non-working hours and access to adjacent businesses is maintained as much as possible given the particular construction event. The City Manager stated maintenance of traffic on Atlantic Avenue is monitored by the City's project inspectors and has been consistently in conformance with the approved maintenance traffic plan and the Florida Department of Transportation (FDOT) requirements. The City Manager stated the construction inspectors monitor the construction status and quality work performed by the contractor to ensure performance with plans and specifications. Any construction elements found not in compliance with plans and specifications are removed and reconstructed according to the plan. To date, all the work has been completed in conformance with plans and specifications. With regard to the attitude and demeanor of the construction crews, the City Manager stated this is an issue, which is difficult to address. While the City's in- house crew as well as our maintenance staff understand the importance of courtesy and a positive attitude in dealing with our residents, employees of contractors and their subcontractors are often less sensitive to these issues. The City Manager stated regretfully our ability to instill these values in non-employees is limited. ll.B. From the Public. ll.B.1. Jim Smith~ 1225 S. Ocean Boulevard, expressed concern over the high rises in Delray Beach and asked if we want these high rises to cast shadows on our beach and further block our views of the sunrises and the sunsets? Do we want more high rises in the unmanageable growth and congestion that they will surely bring? Do we want more high rises that will outstrip our infrastructure and mean more streets torn up for sewers, water, and telephone connections? Do we want more high rises because we are dissatisfied with the way Delray is because bigger is better? Mr. Smith stated the answer is "no" to all of these questions. Mr. Smith stated he is requesting that BPOA, PROD, and the Commission to change the zoning laws restricting all new buildings along both Ocean Boulevard and Atlantic Avenue to a three- story limitation. Mr. Smith stated in a summary report issued today by the Treasure Coast Regional Planning Council described this three-story height restriction as "the ideal height -21- 10/16/01 limitation along Atlantic Avenue". Mr. Smith encouraged the Commission to eliminate the high rise threat to our quality of life in an effort to help preserve Delray Beach. 11.B.2. Kenneth Gray, 696 Udell Lane, stated that there are citrus canker signs at every entrance in the Delray Shores area. Mr. Gray requested that these signs be removed immediately since there is no more canker in Delray Shores. Mr. Gray stated the one tree that did indeed have canker has been removed and the tree cutting has stopped temporarily. ll.B.3. John Benneth 137 Seabreeze Avenue~ stated he has a general comment generated at the last meeting and a more specific comment triggered by an action at a SPRAB meeting some time ago. First, Mr. Bennett stated Mr. Dorling stated that "now is not the time to be tinkering with the performance standards for a variety of reasons". Mr. Bennett stated the process currently is driven project by project and it does not seem to give the City a lot of control. Mr. Bennett stated with the current staffing levels in the Planning and Zoning Department, he does not understand how staff will be able to handle revising the codes and at the same time juggle multiple day-to-day projects. Mr. Bennett stated the deadline of tomorrow pushes next week and next month's projects out the window. Therefore, Mr. Bennett stated one almost never gets to the long-term projects. Secondly, with regard to an aspect of the City's code, Mr. Bennett stated SPRAB recently had before it a proposal for an outdoor dining area of 750 feet and the code required that the applicant come up with three parking spaces which he was able to do. Mr. Bennett explained that the applicant's testimony was that he planned to have seating in this area between 36-40 people. Mr. Bennett stated unless these people arrive in vans, then the three parking spaces will not suffice. 9.C. AMENDMENT NO. 2/DUBIN & ASSOCIATES~ INC. {TENNIS CENTER MANAGEMENT AGREEMENT): Consider approval of Amendment No. 2 to the Tennis Center Management Agreement with Dubin & Associates, Inc., reducing the management fee by approximately $25,000 per year or a fee of $2,083 per month effective November 1, 2001. Robert A. Barcinski, Assistant City Manager, stated this is before Commission to approve Amendment No. 2 to the Tennis Center Management Agreement. Mr. Barcinski stated the request is to reduce the annual fee by $25,000 per year. Mr. Barcinski noted a typographical error to the total annual current fee for 2002. The amount should be $44,004 not $40,004. Since hiring a Tennis Director and a Chief Operations Officer, Mr. Dubin feels that he will be able to reduce the time spent on this account and that the funds saved could be used to improve day to day operations. Mr. Barcinski stated staff recommends approval of Amendment No. 2 to the Tennis Center Management Agreement dated September 29, 1999. Mr. Levinson asked if the hiring of a Tennis Director and a Chief Operations Officer exceed the budget amount for those and whether or not the $44,004 is a net gain for the City or will some of that money be used by additional expenses for those employees? In response, Mr. Dubin with Dubin & Associates, Inc. stated the Chief Operations Officer would be a staff position. -22- 10/16/01 Mr. Perlman asked if the recommendations are to take the savings and put them back into the Tennis Center? In response, Mr. Barcinski recommended to take the savings now and leave it there until mid-year and see what is needed between now and then. Mr. Barcinski is hopeful that the City will have a net savings overall. The City Manager explained this money would stay in the tennis center budget which the City controls and at mid-year if it is not needed, then at that point the City would recapture it. Mrs. Archer moved to approve Amendment No. 2 to the Tennis Center Management Agreement with Dubin & Associates, Inc., 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. REQUEST ADDITIONAL RATE CATEGORY/MUNICIPAL GOLF COURSE (PALM BEACH COUNTY RESIDENT RATE): Consider a request to include an additional rate category at the Municipal Golf Course for Palm Beach County Residents. Robert A. Barcinski, Assistant City Manager, stated this is a request to establish a Palm Beach County resident rate category. Mr. Barcinski stated this is being proposed as an attempt to help generate additional business. Also, Mr. Barcinski stated they feel it will help to increase revenues and increase the rounds. Mr. Barcinski stated he also supports a tier in the rate structure for players who are not residents. Currently, the rate structure for residents and non-residents is based on a maximum rate. This rate could be reduced to attract other non-residents from the Boca Raton and Boynton Beach areas. Mr. Barcinski suggested that the City do this on a trial basis for a few months and track it to see what happens. The following discussion followed by the Commission: Mrs. Archer commented that she does not feel it will be successful with only trying this for a few months. Mayor Schmidt stated he would like to see the result of trying this through the winter season (approximately six months). Mr. Levinson does not feels sufficient information has been provided to the Commission to review. Mr. Levinson stated there are no estimates on how many rounds the City expects to gain, there is nothing explaining what revenue loss there will be by forgiving these number of discounts, there are no projections, and no history. Mr. Levinson stated he does not see much advantage in offering a Palm Beach County resident something even though he or she may not pay taxes and suggested that the City provide a Delray taxpayer who is not a resident a discount. Mr. Levinson stated he cannot support this unless additional information is provided. Ms. McCarthy stated she concurs with the principle of Mr. Levinson's comments about the Delray taxpayer that is not a resident being the person who should probably get this -23- 10/16/01 benefit. However, Ms. McCarthy feels something like this should be moved forward. Brahm Dubin, Dubin & Associates, Inc. stated he has worked with Mr. Barcinski for the last twelve years together and noted this is only the third time he has disagreed with him. Mr. Dubin stated the reason he supplies maximum rates is because they are driven by market rates. He stated the golf course also provides specials instead of coming back and to measure rates. Mr. Dubin stated he is constantly analyzing on a daily basis and explained that this is a marketing tool. Mr. Dubin stated the $54.00 rate is market driven. Further discussion followed between the Commission and Mr. Dubin. Mrs. Archer moved to approve the request to include an additional rate category at the Municipal Golf Course for Palm Beach County residents, seconded by Mr. Perlman. Mr. Perlman asked if the City is doing this for a specified period of time? Mrs. Archer feels it would be useless to do this for two months and recommended doing this through the season. Mayor Schmidt stated he concurs with Mrs. Archer to do this on a trial basis through April 2002. At this point, Mrs. Archer amended her motion to include trying this for a six- month trial period lasting through April 2002. Mrs. Archer moved to approve the request to include an additional rate category at the Municipal Golf Course for Palm Beach County residents for a six-month trial period lasting through the end of April 2002, seconded by Mr. Perlman. Upon roll call the Commission voted as follows: Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Levinson - No. Said motion passed with a 4 to 1 vote. 9.E. AT&T SITE LEASE AGREEMENT AMENDMENT NO. 2: Consider approval of Amendment No. 2 to the Site Lease Agreement between the City and AT&T, providing for an increase of the number of antennas on the water tower, increasing the rent structure and clarifying AT&T's responsibility for all taxes. Amanda Solomon, Telecommunications Systems Manager, stated the City does receive other monies from this lease. Ms. Solomon stated AT&T also pays towards the rehab of the water tower. Mr. Levinson stated he feels very uncomfortable supporting this without seeing any surveys. Ms. Solomon stated she has been in contact with other cities and county agencies as well regarding leases that they have signed within the last sixty days. Ms. Solomon explained that there is an "RF" (radio frequencies) factor involved and certain areas need the wireless coverage. Ms. Solomon stated that the towers cannot be within a 300-foot radius to a residential area. Therefore, because a mutual agreement could not be reached with AT&T for this site, AT&T is abandoning location of the tower at the municipal golf course which would have provided the City of Delray Beach with additional coverage. -24- 10/16/01 Further discussion ensued between Ms. Solomon and the Commission. Mr. Perlman moved to approve Amendment No. 2 to the Site Lease Agreement between the City and AT&T, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Levinson - No; Ms. McCarthy - Yes. Said motion passed with a 4 to 1 vote. 9.F. BID REJECTION/& CHANGE ORDER #1/GTE BUILDERS {CITY MARINA SEAWALL IMPROVEMENTS): Consider rejection of the only bid received for the seawall and dock repair at the City Marina (Custom Built Marine Construction in the amount of $116,790.00), and approve Change Order #1 in the amount of $76,162.00 to the contract with GTE Builders. Funding is available from 426-4311-575-65.23 (City Marina Renovations). Dick Hasko, Director of Environmental Services, stated the change order consists of a reduced scope of work originally bid as part of the City Marina and Sarah Gleason Park Improvements project. Mr. Perlman moved to approve the bid rejection from Custom Build Marine Construction in the amount orS116,670.00 and Change Order #1 in the amount of $76,162.00 to the contract with GTE Builders, seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes. Said motion passed with a 5 to 0 vote. 9.G. AUTHORIZATION TO APPEAL/DHARMA (BLOCK 77): Consider giving the City Attorney authorization to appeal the order granting Dharma the right to amend its State Case concerning a consistency with Comprehensive Plan Challenge in the Block 77 matter. The City Attorney stated staff is seeking authorization from the Commission to either appeal the judge's ruling or ask for a Writ of prohibition if necessary. Mr. Levinson moved to approve the authorization, seconded by Mrs. Archer. 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.H. SPECIAL EVENT REQUEST/5th ANNUAL FIRST NIGHT-2002: Approve a special event request to hold the 5th Annual First Night-2002 event on December 3 I, 2001 from 4:00 p.m. to midnight. To grant a temporary use permit, the closure of streets, use of facilities, allow event signage, staff support and waiver of overtime costs and facility rental charges. Robert A. Barcinski, Assistant City Manager, stated this is a request for the Commission to endorse the 5th Annual First Night 2002 event to be held on December 31, 2001 from 4:00 p.m. to midnight, to grant a temporary use permit per LDR's section 2.4.6(H) for the use of City right-of-way and facilities as requested, to waive LDR's section 4.6.7(D)(3)(j)(ii) to allow event signage to be placed more than one week prior to the event, to authorize staff support as requested, to authorize facility use as requested, and to consider waiver of overtime costs and -25- 10/16/01 facility rental charges. The Committee is requesting waiver of all overtime costs and rental fees for City facilities. The estimated overtime costs for this year's event is $12,900. The rental charge for the use of the Tennis Stadium is $7,250 (includes floor and stage set up). Mr. Barcinski stated he budgeted overtime in the Public Works budget as this being an event that would be held. Mr. Barcinski stated he has not seen the Police and Fire budgets but Public Works and Parks and Recreation did budget for this. The City Manager stated the overtime figure does include increased security over prior years and this is one of the reasons for the additional overtime costs. Mr. Perlman moved to approve the special event request to hold the 5th Annual First Night 2002 event on December 31, 2001 from 4:00 p.m. to midnight, seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes. Said motion passed with a 5 to 0 vote. 9.I. DIFFERENTIAL PAY/MILITARY RESERVIST DUTY: Consider recommendations regarding differential pay for employees called up for Active Military Reservist Duty. The City Manager stated two City employees have been called to active duty and four others have been alerted to that possibility. During the Gulf War, the City Manager stated the City paid the difference between their military pay and their pay with the City so that their income is maintained. The City Manager stated the City is allowed to do this per State law and recommends doing this for 90 days. At that point, the City Manager stated the situation could be reexamined. Mrs. Archer moved to approve the recommendations regarding differential pay and continuation of benefits for employees called for Active Military Reservist Duty, 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. FIRST READINGS: None. 13. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS. 13.A. Ci.ty Manager. The City Manager had no comments and inquiries on non-agenda items. 13.B. CiW, Attorney. -26- 10/16/01 The City Attorney announced that she has two new twin grandsons. 13.C. City Commission. 13. C.1. Commissioner Archer Mrs. Archer stated she had the opportunity to attend the PROD meeting where there was presentation for the Atlantic Avenue Master Plan. Mrs. Archer stated the presentation was quite good and she thoroughly enjoyed it. Mrs. Archer stated the presentation was masterfully done and is something she would like to see happen with more groups in the City. Mrs. Archer stated listening to Commissioner McCarthy's comments triggered something that she recently attended. Mrs. Archer stated she is a member of the Drug Task Force for Delray Beach and a meeting about a week ago where some of the legislators were down from Tallahassee to discuss issues including the shortage of detox beds in the South County area. Mrs. Archer stated while in some cases there are ample treatment facilities, if you cannot get the patients detoxified, they cannot get in. For example, Mrs. Archer stated for the Wasteside House there is a two-week waiting list to get in but there is six-week wait for a detox bed. Mrs. Archer stated at the meeting there was discussion about redistribution of these detox beds and about having a centralized program to be able to identify where the beds are so patients can be sent anywhere. Mrs. Archer stated during the discussion at the Drug Task Force Meeting another concem that came up was that now that we are going to have approximately a $1.7 billion cut in next year's budget and one of the things that will be cut would be human services. Mrs. Archer stated because of that, we are already stressed with drug treatment facilities and the ability to get in, etc., they are trying to gear up for exceptionally heavy use of drug facilities because of the stress of this impeding disaster and the ramifications it will have both financially and mentally on our population. With the cut in the budgets, Mrs. Archer feels we are going to find more stress on our Police Department, more drug traffic in our streets, and perhaps more criminal activity as well. Mrs. Archer reiterated that these are going to have tremendous ramifications which although the budget is cut nationwide, she feels it is going to expand down to the municipal level and cause the City to have daily expenses with reduced income. 13.C.2. Commissioner Perlman Mr. Perlman stated last week he had the opportunity to attend the Florida Redevelopment Association Conference in Miami and he went to a lot of the seminars. Mr. Perlman stated the three themes were "the need to continue to market your successful downtown" which also came up at a Chamber retreat that he and the City Manager attended this morning. Mr. Perlman stated the second theme that came up is "one-way pairs" and if you have them to eliminate them immediately. The third theme was "the importance of design guidelines". Mr. Perlman stated the President elect of that statewide organization for next year is Chris Brown. -27- Mr. Perlman stated Boston's Restaurant is going to be celebrating its anniversary on October 26, 2001 for the benefit of the PBA widow and children's fund and the 911 fund. Mr. Perlman encouraged everyone to attend and support this event. Mr. Perlman stated he had the opportunity to have dinner with Senator Nelson on Sunday and he seemed to be very responsive to the needs of Palm Beach County as a County and also Delray Beach as a municipality. Mr. Perlman stated if the City Manager feels there is anything lacking from the Federal Government, Mr. Nelson's office has made it very clear that his office would be very responsive in terms of informational resources if the City has any requests. 13.C.3. Commissioner McCarthy Ms. McCarthy commented she as well as Commissioner Perlman (so she read) had the pleasure of attending the Multicultural Festival on the southwest side of town. Ms. McCarthy stated the festival was well attended and the food was really good. Ms. McCarthy stated the citizens worked very hard to make this festival a success and feels it was well attended and well organized. Ms. McCarthy stated that the Palm Beach County Black Elected Officials are having their first Gala on Friday, October 26, 2001 at the Four Seasons Hotel in North Palm Beach. Ms. McCarthy stated this would be a fundraiser for scholarships for additional education for children who come from the areas that these officials are elected to and encouraged everyone to attend. Ms. McCarthy stated she has been receiving telephone calls from some business owners in Delray who are beginning to feel the impact of the aftermath and slowing down of business from the September 11th disaster. Ms. McCarthy stated there are entrepreneurs who are now going to feel the impact as well and people are going to come to another reality. Ms. McCarthy stated the City needs to stay in touch with the people and be sensitive to all the business owners throughout the City. Ms. McCarthy stated she too attended the dinner reception with Senator Nelson. Ms. McCarthy stated she received a telephone call in her office and the person inquired as to why Senator Nelson was conducting a Town Hall Meeting in Boca Raton and not in Delray Beach. Ms. McCarthy suggested that something of this nature be brought before the Commission and stated citizens may wish for something similar for Delray Beach. 13.C.4. Commissioner Levinson Mr. Levinson stated he also attended the Multi-cultural Festival and feels it was a great festival. Mr. Levinson stated the festival was well attended and the band was very good. Mr. Levinson inquired about the status of the Parks and Recreation Master Plan. The City Manager stated he has the draft to review and it should be ready for the next Workshop -28- 10/16/01 Meeting. Mr. Levinson stated one of things discussed this evening was the land issue and feels this certainly has a potential play on it. Mr. Levinson stated he feels the neighborhood presentations this evening were great and reiterated that perhaps once a month a different neighborhood could attend a City Commission Meeting and address concerns about their neighborhood. He hopes the Commission will consider his suggestion. Mr. Levinson stated there are similar communications on our list and there was discussion about how to get people knowledgeable about liens, etc. Mr. Levinson stated for a while there was a wave with solar heaters where people were financing and companies would put liens on your home. Mr. Levinson stated it does not take too many of these waived lien fees before we can afford to pay for a neighborhood newsletter in the water bill. Mr. Levinson stated now that we can see all these things that we are not communicating to our neighbors that there is some quantifiable measurement or value to those. Mr. Levinson suggested that Nancy King, Staff Editor, could review how we deal with a renovated neighborhood news effort. With regard to the City Attorney's memo regarding the Florida Retirement System, Mr. Levinson stated if he understands it correctly if it is going to be adopted it has to be done by December 31st. Mr. Levinson stated he does not want to see the City loose the date and suggested that this be placed on the agenda to be approved. Mr. Levinson stated he does not want to loose the option of getting in. Mr. Levinson commented on Mr. Hasko's note about Nero's Gap, which is the facility that Florida Teleport decided to use which was one of the gaps in the reefs. Mr. Levinson stated there might be more value there then the City thought. He would hope that they can take advantage of that where people will go to them and hopes the City will continue to consider marketing with them this fact. Mr. Levinson inquired about the status of the Ramblin Rose and when this item is coming back to the Commission. Mr. Levinson stated he understands Gray Line Water Tours is having some financial difficulties and the boat itself is allegedly having some mechanical and inspection difficulties. Mr. Levinson feels it is a neat thing to have in Delray Beach and stated if they are not going to avail themselves with coming back, or there is going to be a gap, or we feel it is unsafe, then maybe we should look at whether we can terminate that lease. The City Manager stated there was talk about bringing back the original Ramblin Rose. Mrs. Archer stated she believes this will be on the agenda for the first regular meeting in November for discussion. Mrs. Archer stated there are contract issues that need to be addressed and stated she has been talking with the City Attorney's office about what the City's opportunities might be. 13.C.5. Mayor Schmidt Mayor Schmidt stated there is information that has been given to members of the Treasure Coast Planning Council about population growth projections statewide. Mayor -29- 10/16/01 Schmidt stated that the current population projection for Palm Beach County for the year 2020 is a 65% increase. Mayor Schmidt stated he does not know if the study has been broken down into cities, but he would try to get additional information. There being no further business, Mayor Schmidt declared the meeting adjourned at 9:20 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 October 16, 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. -30- 10/16/01 WHEREAS, Retinoblastoma is a very rare disease that affects children and is the most common eye tumor in children and the third most common cancer overall affecting children; and WHEREAS, Retinoblastoma is a disease that causes the growth of malignant rumors in the retinal cell layer of the eye; and WHEREAS, the frequency that Refinoblastoma occurs has increased over the past 60 years, and now occurs in 1 out of every 15,000 children. 7,000 children die from the disease each year due to the delay in diagnosis; and WHEREAS, left untreated Retinoblastoma is almost always fatal; therefore early diagnosis and treatment is critical m samg lives and preserving visual function; and WHEREAS, the State of Califorma has passed into legislation AB2185 subject: Eye Pathology Screening: Newborns, and ACR79 subject: Retinoblastoma Awareness Month; and WHEREAS, the City of Delray Beach supports eye pathology screening at birth and each well-baby exam thereafter, to assist in the detection of all ocular diseases in newborns, infants, and toddlers; and NOW, THEREFORE, I, DAVID W. SCHMIDT, Mayor of the City of Delray Beach, Florida, on behalf of the City Commission, do hereby proclaim November, 2001 as "JOEY BERGSMA RETINOBLASTOMA AWARENESS MONTH" and urge all citizens of the City of Dekay Beach, Florida to make themselves and their families aware of the risk of Retinoblastoma and the need for appropriate screening, early diagnosis, and referral. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Official Seal of the City of Delray Beach, Florida, to be affixed this 6th day of November, 2001. DAVID W. SCHMIDT MAYOR 'Palm Beach County proclaimed the month of November "JOEY BERGSMA RETINOBLASTOMA AWARENESS MONTH" Joe~ died on Decemb. .er 22~ 2000 from metastatic retinoblastoma. He was three Fea~. olcL IfI would have known the information that is ot9 his web site, Joe~ would be alive. www.geocities.com/loveujoey3 or lovejoey.com · Retinoblastoma is the most common eye tumor in children and the 3~ most common cancer overall affecting children. · Retinoblastoma is a disease that causes the growth of malignant tumors in the retinal cell layer of the eye. · Retinoblastoma can be either hereditary (30-40%) or more commonly, non-hereditary. · Retinoblastoma affects I in every 12,000 children. · Most eases occur in the tn'st two years of life. It is important to screen children from birth to 5 yrs. of age. · With early detection the vision and the eye of the child can be saved. · Retinoblastoma is fatal if not treated before it escapes the eye. There is no cure for metastatic retinobinstoma. · 7,000 children die needlessly each year due to the lateness of the diagnosis. AWARENESS WILL SAVE THEIR LIVES! I took a picture of Joey at the Boynton mall while visiting Santa. Lighting was dim; therefore, this was a red eye picture. In his right eye was a white dot instead of red. I did not know that was a TUMOR reflecting the light. This picture would have saved his life. More importantly, if his pediatrician had taken a moment to check Joey's eyes with an ophthalmoscope at his 15 month or 1 $ month well-baby visit, Joey would be alive. .4, CHECK ALL YOUR PHOTOS. B. MAKE SURE YOUR CHILD'S EYES ARE BEING CHECKED WITH AN OPHTHALMOSCOPE. The state of California passed legislation last year for eye pathology screening of newborns & infants. In infancy, eye dilation (one drop in each eye) is needed in order for the ophthalmoscope to detect 100% of the tumors. This 10-second exam will also detect other ocular diseases that affect newborns, infants and toddlers such as congenital cataracts. Furthermore, this exam will save the vision and lives of at least 700 infants in California each year. Florida needs to be the 2nd state to do this. I will be speaking before the Palm Beach legislative delegation on Nov. 15~. Every child born has the right to healthy vision and, as in Joey's case, LIFE. The following legislation will ensure that right. 1. Eye screening at birth and each well-baby exam 2. A statewide Retinoblastoma Awareness Month It is so simple. Joey should be alive. No child in the state of Florida should ever die needlessly to this disease. Joey's journey was short, but his message is powerful and it needs to be heard. This is the beginning of the end of metastatic retinoblastoma. Joey is smiling. For information, posters, etc. Please contact: Pam Bergsma (Joey's Grandma) 561.586.2094 iove]oey~belisouth.net South West President's Neighborhood Association 1438 SW 2"d Street Delray Beach, FL 33444 RECEIVED OCT 2 6 2001 CiTY MANAGER October 26, 2001 Mr. David Harden, City Manager City of Delray Beach 100 NW 1st Avenue Delray Beach, FL 33444 Dear Mr. Harden: The SouthWest President's Association again would like to thank you for all your support. The Committee would like to make a presentation to the commissioners for their volunteerism on the day of the Multi-Cultural Festival. We are asking to be on the November 6, 2001 Agenda to make a short presentation to several commissioners and City Staff Members for their continued support. Your favorable response would be greatly appreciation. Again, thanks you for your support of Neighborhood Associations and your commitment to Delray's residents. Sincerely, olston Committee Chairman South West President's Association JR:WH City Of Delray Beach Department of Environmental Services M E M 0 R A N D TO: FROM: SUBJECT: David T. Harden, City Manager Richard C. Hasko, P.E., Environmental Services Director EMPLOYEE SUGGESTION AWARD PRESENTATION DATE: October 26, 2001 RECEIVED {:}CT 3 0 CITY MANAGER U M www delrayesd corn I am pleased to forward this suggestion award regarding process equipment modifications at the City's Water Treatment Plant (WTP) submitted by Robert Bullard, Utility Maintenance Manager. The proposal replaces originally installed sludge transfer pumping equipment with a lower maintenance higher efficiency dry pit submersible pump/variable frequency drive (VFD) configuration. The pre-existing condition required two belt driven pumps operated by separate electric motors per clarifier to transfer spent lime sludge from the contact basin to the sludge thickener units for processing and disposal. These pumps have been a chronic maintenance problem due to frequent clogging issues and maintenance requirements. The new configuration replaces the two pumps with a single dry pit submersible pump. This type of pump is more adaptable to the type of by-product generated by the lime softening process since it is designed for use in wastewater transmission applications. The pump and motor are a single unit with an internal drive mechanism. The VFD adaptation allows the pump to run at whatever speed is required to maintain flow in the discharge pipe, thus maintaining velocity in the transmission component and reducing the opportunity for solids to settle out and cause sludge blockages. Savings can be quantified for annual maintenance as well as replacement costs. Annual maintenance savings total $7,040. Based on a twenty year useful life span and using a straight line depreciation method, replacement cost savings on an annual basis is $2,170, for a total one year savings of $9,210. The Suggestion Committee has recommended an award in the gross amount $1,842 representing 20% of the annual savings. Please place this item on the agenda of the November 6th Regular Commission meeting for award presentation by the Mayor. /rch C: Dan Beatty, P.E., Deputy Director of Public Utilities Bob Bullard, Utility Maintenance Manager RECEIVED OCT 3 0 ~001 City Of Delray Beachc,w MANAGER Department of Environmental Services M E M 0 R A N D U M www delrayesd com TO: David T. Harden, City Manager FROM: Richard C. Hasko, P.E., Environmental Services Director SUBJECT: EMPLOYEE SUGGESTION AWARD PRESENTATION DATE: October 26, 2001 I am pleased to forward this suggestion award regarding process equipment modifications at the City's Water Treatment Plant (WTP) submitted by Clayton Gilbert, Utility Supervisor. The proposal essentially replaces a traditional mechanical process control system with a technologically advanced electronic flow control system operable remotely via telemetry. The system controls the flow of water to each of the eight filters at the WTP. The newer technology is significantly more reliable and less costly to maintain and replace. Savings can be quantified for annual maintenance as well as replacement costs. Annual maintenance savings total $9,880. Based on a twenty year useful life span and using a straight line depreciation method, replacement cost savings on an annual basis is $2,862, for a total one year savings of $12,742. The Suggestion Committee has recommended an award in the gross amount $2,548 representing 20% of the annual savings. Please place this item on the agenda of the November 6th Regular Commission meeting for award presentation by the Mayor. /rch C: Dan Beatty, P.E., Deputy Director of Public Utilities Clayton Gilbert, Utility Supervisor TO: THRU: FROM: SUBJECT: DAVID T. HARDEN, CITY MANAGER LUI.~BUTLER, DIRECTOR COMMUNITY IMPROVEMENT A T-M E S, EDUC^T ON COOROI.ATOR MEETING OF NOVEMBER 6, 2001 ADVISORY BOUNDARY COMMITTEE (ABC) PROPOSED BOUNDARIES FOR 2002 The Advisory Boundary Committee (ABC) for Palm Beach County School District is currently discussing new boundaries for Delray Beach schools for the opening of the school year 2002. While boundaries were discussed last year for Orchard View and Plumosa Elementary schools, the boundaries were delayed due in part over the controversy raised by the community and that the proposed boundary changes were not needed until the fall of 2002. To summarize where we left off last year, the ABC proposed the elimination of all racially identifiable pockets of students which were being bused out of Delray Beach. All of the pockets would be placed in either Plumosa or Orchard View Elementary Schools. Given the tremendous impacts that this would have had on the schools, the City along with community members came up with alternative boundary scenario's which maintained a diverse population and phased in the "pockets" over a 5 year period, or as capacity became available. This would also have allowed time to insure that appropriate resources and programs would be in place at these schools to handle the change in demographics. It is noted, that the ABC was struggling last year with the different boundary proposals. This was due to conflicts with the approved Attendance Zone Criteria which allowed boundaries to be based on diversity and racial balance and opposing legal opinions and School Board direction to eliminate the racially identifiable pockets to create "neighborhood schools". To correct these inconsistencies, the School Board has adopted new Attendance Zone Criteria (see attachment). The new criteria is based on transportation and feeder patterns. All references to racial diversity have been eliminated. The ABC is currently looking at seven different boundary scenarios for Delray Beach Schools. Two proposals are from the ABC, one from the City of Delray Beach, and one from Boynton Beach which have been carried over from last year. In addition, three new proposals are under review including two from an individual and one from the District that takes Concurrency into consideration. The current boundary proposals under consideration do not include any information on race and are based solely on capacity issues. All of the boundary proposals, except for the Delray Beach proposal eliminates the pockets, which puts us back to the starting point from last year for Orchard View and Plumosa Elementary schools. Banyan Creek boundaries will be changed to provide enrollment relief next year. However, diversity is maintained as Banyan Creek houses a gifted program. Two of the new boundary proposals suggest shifting pockets that would have gone to Orchard View to Pine Grove. While this change would lower the capacity at Orchard View from that being proposed by the original ABC boundary proposal, it will further exacerbate the racial imbalance at Pine Grove. Discuss and provide direction. Attachments: Attendance Zone Criteria POLICY 5.01 STUDENT ASSIGNMENT Ao Bo General Criteria All students in Palm Beach County schools shall be assigned annually to the school which they are to attend under the authority of the board and by direction of the superintendent. Students sh~.ll be assigned to schools boundaries which have been established which maintains a unitary school system. based on the attendance by the board in a manner When attendance boundaries are changed, elementary and secondary students with one (1) year remaining in their present school will have the option of remaining at that school. This shall not automatically entitle the student to district transportation. When considering attendance boundary adjustments, the board by its ow~h discretion may extend this option to other students with more than one (1) year remaining. Alternative methods of student assignment, such as choice en roll ment, administrative reassignments, and/or pro§ram decisions (magnet, gifted, ESE), will supersede provisions for student assignment in this policy to the extent they are inconsistent with the attendance zone criteria. Attendance Zone Criteria 1. When drawing attendance boundaries, the school board, superintendent, district staff and the advisory boundary committee must annually review the. student capacity of each facility for reasonable efforts to achieve optimal utilization, in accordance with the district's concurrency policy and to the applicable portion of the executed In£erloca! Agreement for Public School Concurrency recorded on January 25, 2001, ORB 12272, PG 973 for Palm Beach County, that pertains to assignment of students. A copy of this agreement is available at board minutes. Further, ween drawing attendance boundaries, the school board, superintendent, district staff and advisory boundary committee shall also consider the following criteria: 5.01(a) Ce Boundaries should promote equitable student assignment as related to transportation time and distance for all racial and ethnic groups of students, as it relates to loading of school centers. The assignment should allow for proper loading of schools. Zone boundaries should be as compact as possible in order to minimize bus travel time and not to dissuade/prevent students from participating in extra-curricular activities. The district will consider state and federal laws, including Title 20 United States Code § 1714 and Florida Administrative Code § 6-A, when creating attendance zones. The student capacity of each facility should be considered and initial enrollments set to ensure optimal utilization, while allowing for growth wherever needed. The movement of students from current school attendance zone configurations should be minimized to the greatest extent possible, if not in conflict with other~parameters. The creation of "islands" or "fingers~ that isolate distinctly identifiable ethnidracial groups shall be avoided. To the maximum extent possible, a feeder system in which two (2) to (three) (3) middle schools "feed" a high school; and two (2) to four (4) elementary schools freed" a middle school should be created. (The majority of each school's students should come from a minimum number of feeder schools). Feeder sys[ems should be developed on projected growth patterns, the projected locations of new schools, and the possible abandonment of existing facilities. The integrity of subdivisions should be maintained. (NOTE: Developments such as planned unit developments (PUDs) may consist of multiple distinct subdivisions.) STATUTORY AUTHORITY: LAWS lt',APLEM£NTED: HISTORY § 230.22 (2), Fla. Stat. §§ 163.3180(13); 230.232 Fla. Stat. 2/18/72; 4/06/83; 07/09/2001 5.01(b) Date: October 31, 2001 NUMBER: AGENDA ITEM AGENDA REOUEST Request to be placed on: ~ Consent Agenda Regular Agenda __ Workshop Agenda When: November 6, 2001 Description of agenda item (who, what, where, how much): Presentation of proposed attendance Boundaries being considered by the School Board appointed Attendance Boundary. Commtttee (,ABC). __ SpeCial Agenda Department Head~~.4 Signature: _~~~' City Attorney Review/Recommendation (if applicable): N/A Budget Director Review (required on all items involving expenditure of funds): Funding Available: Account Number Description Account Balance: Funding Alternauves: City Manager Review: Approved for Agenda: ~/ Hold Until: Agenda Coordinator Review: Received: Yes / No Iniuals: No Initials: (if applicable) MEMORANDLIM TO: FROM: SUBJECT: DATE: MAYOR AND CITY COMMISSIONERS CITY MANAGER~ AGENDA ITEM ~. t~ '- RE(3LILAR MEETING OF NOVEMBER 6, 2001 FINAL PLAT APPROVAL/$IEMENS-EVERT SERVICE CAMPUS NOVEMBER 2, 2001 This is before the Commission to approve the final subdivision plat for Siemens-Even Service Campus, located on the southwest comer of SW 4~h Street and Swinton Avenue, which provides for dedication of right-of-way on SW 3fd Avenue. On May 24, 2000, the Site Plan Review and Appearance Board granted approval for the site plan modification of the Drug Abuse Foundation which incorporated the following: · Construction of a 10,093 square foot dormitory for 80 beds and elimination of 44 existing beds in three existing buildings, resulting in a net increase from 114 to 150 beds (36 additional beds); · Installation of 19 additional parking spaces within an existing parking lot on the north side of the proposed building; and · Relocation of an existing dumpster enclosure at the southwest comer of the parking area. Recommend approval of the final plat for Siemens-Even Service Campus. RefiAgmemol0.Fmal Plat. Siemens-Even Service Campus.11.06.01 City Of Delray Beach Department of Environmental Services M E M 0 R A N D RECEIVED OCT 2 3 2001 CiTY MANAGER U M TO: FROM: DATE: SUBJECT: David T. Harden, City Manager Barron E. Caronite, PE, Assistant City Engineer~~,~ October 22, 2001 Siemens-Evert Service Campus Plat Please find an agenda request for Commission approval of the boundary plat for the Siements-Evert Service Campus. I have also enclosed a location map and a reduced copy of the plat. If this meets with your approval, please place it on the November 6, 2001 Commission meeting for Commission approval. Encl. File: cc; S:/engadmin/tac/drug abuse foundation/agmemo.doc Randall Krejcarek, P.E., City Engineer Dan Marfino, Principal Planner TAC: Drug Abuse Foundation ~W. 4~ ~, , , ~ ~. {~ C~ of DELRAY BEACH SIEMENS/EVERT E~~ ~R~ ~P~~ SERVICE CAMPUS ~~~~~~~ LOCA~ON MAP 2001-20C FORM 8B MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS hAME OF POI ITICAL MY POSITION I~ [ :1 ELECTIVE ~ APPOINTIVE WHO MUST FILE FORM 81 This form is for U.~e b) an> person serving at Ihe coum.x, tit.x, or other local level of go~,ernmenl on an appointed or elected board. council, commission, authoriLv, or committee. It applies equally ~o members of advisory and non-advisory bodies who are presented v, ith a ~oting conflict of imerest under Section !12..tl43, Florida Statutes. Your responsibilities under the law' ~hen faced with a measure in which you ha~e a conflict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before completing the reverse side and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.$1,L1, FLORIDA $'rATUTES ELECTED OFFICERS: A person holding elective counly, municipal, or other local public office MUST ABSTAIN from voting on a measure ~hlch inures to his special prisate gain. Each local officer also is prohibited from knowingly voting on a measure which inures to the special gain of a principal (other than a go~ernment agency) by whom he is relained. in either case, you should disclose the conflict: PRIOR TO THE VOTE BEING TAKEN b.,. publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting; anti WITHIN I~ DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording ~¢ minutes of the meeting, who should incorporate the form in the minutes. APPOINTED OFFICERS: A person holding appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his special private gain. Each local officer also is prohibited from knowingly voting on a measure which inures to the special gain of a principal (other than a government agency) by whom he is retained. A person holding an appointive local office otherwise may participate in a matter in which he has a conflict of interest, but must disclose the nature of the conflict before making any attempt to influence the decision by oral or written communication, whether made by the'officer or at his direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: · You should complete and file this form (before making any attempt to influence the decision) with the person responsible for zz, cording the minutes of the meeting, who w~ll incorporate the form in the minutes. · A copy of the form should be provided immediately to the other members of the agency. · The form should be read publicly at the meeting prior to consideration of the matter in which you have a conflict of interestS. IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: * You should disclose orally the nature of your conflict in the measure before participating. · You should complele Ihe form and file it within 15 days after the vote occurs wjlh the person responsible for recording the minutes of the meeting, who should incorporate the form in the minutes. DISCLOSURE OF LOO&L OFFIOER'S INI~REST (a) A measure came or will come before my agency which (check one) , inurcd to m.~ special prixate gain; or (b) The measure before my agency and the nature of my interest in the measure is as follows: , by ~hom I am retained. Date Filed Signature NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317 (1985), A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $$,000. FORM #~ - I.,411 PAGE FROM : FATAINTORPA PHONE NO. : 9412639699 Nov. 05 2001 04:34PM Pi F. Andrews Taintor, P.A. Telephone: (941) 263-9633 Fax: (941 ) 263-9699 A~(Of~y At Law 5051 Castello Drive, Suite 5 Naples, Flor,da 34t03 y FAX COVER SHEET TOTAL NUMBER OF PAGES, INCLUDING COVER: z/ MESSAGE: Re: Culligan Plat (Replat) Approval City of Delray Beach This will confirm our telephone call with you this date in which we requested that the above plat approval matter be ~ from tomorrow night's city coum~ission meeting agenda. You asked that we "fax" this confirmation for the City's file. Rather than use the "cross-easement" dedication language appearing on the face of the plat as originally submitted, we intend to substitute a separate cross-easement agreement for approval bynhe City as part of a subsequent (amended) plat for the co,mL~ssion's approval. Any questions, please call our office. NOV 0 6 2001 The information contained in this facsimile message is attorney-client pr, vilcged or confidential information intended only l'or thc use of the individual or the entity namcd above. If the reader of this message is not the intended recipient, or thc employee or agent re~pon~iblc to deliver it to the intcndcd recipient, you ~e hereby notified that any alisa'ruination, distribution or copying of this communication is strictly prohibited. Undcr no circumstances will thc receipt of this facsimilc message by anyone other then thc individual or entity named abovc constitute a wed ver of any applicablc attorney--client privilcge. If you have reccivcd this communication in error, pleasc ~mmediately notify' us by t¢lcphone, and return the original message to us at thc above address vie postal service marked "~onfidcnfial". MEMORANDUM TO: FROM: SUBJECT: DATE: MAYOR AND CITY COMMISSIONERS CITY MANAGER ~( AGENDA ITEM ~fl - REGUI. AR MEETING OF NOVEMBER 6, 2001 FINAL P.LAT APPROVAL/CULLIGAN PLATT NOVEMBER 2, 2001 This is before the Commission to approve the final subdivision plat for Culligan Plat, located on the west side of U.S. Federal Highway No. 1 (southbound), just north of NE 4m Street, which provides for the creation of two lots, and dissolution of a unity of title previously existing between four underlying platted lots. Each lot has an existing structure located on it and it is anticipated that the new lots and associated existing structures will be sold off individually. Recommend approval of the final plat for Culligan Plat. RefiAgmemol 0.Final Plat. CulliganPlatt. 11.06.01 City Of Delray Beach Department of Environmental Services M E M 0 R A N D U M TO: FROM: DATE: SUBJECT: David T. Harden, City Manager Barron E. Caronite, PE, Assistant City Engineer~--~~ October 26, 2001 Culligan Plat Please find an agenda request for Commission approval of the subdivision plat for the Culligan Plat. The plat creates two lots. Each lot has an existing structure located on it. The plat will allow for the dissolution of a unity of title that previously existed between 4 underlying platted lots. It is anticipated that the new lots and associated existing structures will be sold off individually. I have also enclosed a location map and a reduced copy of the plat. If this meets with your approval, please place it on the November 6, 2001 Commission meeting for Commission approval. Encl. File: cc: S:lengadminltac/culligan plat/agmemol 10601 .doc Randall Krejcarek, P.E., City Engineer Dan Marflno, Principal Planner / ,.....'v,'~.. '-~ '~ ". ~./- ~ ~ .... ~ L' ~ ....... ~---~ I ~ ~ '. ! L_L.Z_]__,_: ; , ~ / ~ ~ .,,. ..,/., ,-~, ~ , ~t~ ,~. . .~'. ~ . ~ .............. ~ ........ / /~, , , i , ~ ~ ' ~', ',~ ' ~ ...... k ......... ' ........ I, ..... 1 ~ .- b -~.~-, ..................... ,_., ....... 4_~ ............................ ~T ............................. I i~, .'~ ..... '~ ,' " ~ ..... ~ ...... ' ...... ~ ........ r ...... ~ ~ ~ I v '~" ............. /,.:::; ..............-' ~ ' "' ...... .... ......... t- / ~~ ~8 ~~~ LOCATI ON MAP ~.lli~on pmot I.l Agenda Item No. Request to be placed on: X Regular Agenda Special Agenda __ Workshop Agenda AGENDA REQUEST Date: Oct. 26, 2001 When: Nov. 6, 2001 Description of item (who, what, where, how much):Approval of the Culligan subdivision plat. Staff comments have been addressed. ORDINANCE/RESOLUTION REQUIRED: YES/NO DRAFT ATTACHED YES/NO Recommendation: Staff recommends approval of the Culligan subdivision Department head signature: [u ~u - ~t Determination of Consistency with Comprehensive Plan: City Attorney Review/Recommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): Funding available: YES/NO Funding alternatives (if applicable) Account No. & Description Account Balance City Manager Review: Approved for agenda: Hold Until: Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved cc: tac- Culligan Plat file:s/engadmin/tac/culligan plat/agl10601.doc CITY COMMiSSl0N DOCUMENTATION TO: THRU: FROM: SUBJECT: DAVID T.~R~Li~(~D~~oRDEN, TY A~NAGER PAULD NG, F PLAN~.~ AND Z~NING DAN MARFINO, PRINCIPAL PLANNER~~/,~..~._~.~ .. , MEETING OF NOVEMBER 6, 2001 CONSENT AGENDA* ABANDONMENT OF A PORTION OF THE PALM TRAIL RIGHT-OF-WAY (ROW), LYING APPROXIMATELY 92-FEET SOUTH OF THE CENTER LINE OF ALLEN AVENUE. BACKGROUND The subject portion of Palm Trail is located directly adjacent to the east line of Lots 25 and the south half of Lot 26, Block B, of the plat of Snow Hill (Plat Book 21, Page 83). This portion of Palm Trail was dedicated with the recordation of the aforementioned plat of Snow Hill, in May of 1947. The subject abandonment area is a 10.09' by 71.14' rectangular shaped parcel, containing 712 square feet (0.016 acres), and is located at the southern terminus of Palm Trail. If abandoned the subject parcel would provide a 10-foot extension of Lot 25 and the south half of Lot 26. The subject area is unimproved, however Florida Power & Light and BellSouth have identified existing facilities in the abandonment area. In addition, a municipal water main is located in close proximity to the east side of the abandonment area. In order to accommodate these facilities, a general utility easement will be retained over the entire abandonment area. The abandonment request was submitted by the owner of Lot 25 and the south half of Lot 26, Michelle McMinn, and if approved would provide the required setback area necessary for the construction of a swimming pool. PLANNING AND zONING BOARD cONSIDERATION At its meeting of October 15, 2001, the Planning and Zoning Board considered the request at a public hearing. There was no public comment concerning the proposed abandonment. After reviewing the staff report and discussion, the Board voted 6 to 0 (Lloyd Hassner absent), to recommend approval, with the condition that a general utility easement is retained over the entire abandonment area in order to accommodate the existing utilities. RECOMMENDED ACTION By motion, approve the abandonment of right-of-way and accept a replacement easement to cover the existing utilities based upon positive findings with respect to LDR Section 2.4.6(0)(5). Attachment: · Abandonment Resolution · P & Z Staff Report of October 15, 2001. $:~ P&Z~boards~.itycornrnis$ion~Palrn TrailCCDoc. doc RESOLUTION NO. 66-01 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, VACATING AND ABANDONING A PORTION OF PALM TRAIL RIGHT-OF- WAY (ROW) LOCATED APPROXIMATELY 92 FEET SOUTH OF THE CENTERLINE OF AIJ.EN AVENUE, AS MORE PARTICULARLY DESCRIBED HEREIN, BUT RESERVING AND RETAINING TO THE CITY A UTILITY OVER THE ENTIRE AREA THEREOF, AS MORE PARTICULARLY DESCRIBED HEREIN. abandonment herein; and WHEREAS, the City of Dekay Beach, Florida, received an applicauon for of a portion of Pahn Trail Right-of-Way (ROW), as more particularly described WHEREAS, said application for abandonment of a general public right-of-way was processed pursuant to Secnon 2.4.6(O), "Abandonment of Rights-Of-Way", of the Land Development Regulations of the C~ty of Delray Beach; and WHEREAS, pursuant to LDR Secuon 2.4.6(O)0)(d), the Planning and Zoning Board, as Local Planning Agency, formally reviewed the matter at a public hearing on October 15, 2001, and voted 6 to 0 to recommend approval of the abandonment, based upon posiUve findings with respect to LDR Section 2.4.6(0)(5), and subject to the condition that a general utility easement be retained over the entire area; and WHEREAS, the City Commission of the City of Delray Beach, Florida, finds that its interest in the described property ~s no longer needed for the pubhc good and deems it to be in the best interest of the City of De[ray Beach to vacate and abandon said right-of-way, based upon posinve findings pursuant to LDR Section 2.4.6(O)(5), but does not abandon and retains and reserves unto itself a utility easement over the ennre area thereof, as more particularly described herein, for the purpose of emergency access and constructing and/'or maintaining, either over or under the surface poles, w~res, p~pes, sewers, drainage facfliues, or any other facfliues used for various pubhc unliues whether owned by the City or private corporations. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Sectton 1. That pursuant to Chapter 177.101(5) and Chapter 166 of the Florida Statutes, it is hereby determined by the Delray Beach City Commission to vacate and abandon all right and interest it holds to the following real property for right-of-way purposes only, but does not abandon and retains and reserves unto ~tself a uuhty easement over the entire area thereof, more particularly described as follows: That poruon of west 10 feet of road right-of-way for Palm Trail, lying east of and adjacent to Lots 25 and the south half of Lot 26, Block B, Snow Hill, according to the plat thereof as recorded in Plat Book 21, Page 83, Public Records of Palm Beach Count, Florida. Containing 712 square feet, more or less. Section 2. That the Delray Beach City Comtmss~on hereby retains and reserves unto itself a utihty easement overt the entire abandonment area, for the purpose of emergency access and constructing and/or maintaining, rather over or under, the surface poles, wires, pipes, sewers, drainage facilines, or any other facflines used for various public utihties whether owned by the City or private corporations, more parttcularly described as follows: That portion of west 10 feet of road right-of-way for Palm Trail, lying east of and adjacent to Lots 25 and the south half of Lot 26, Block B, Snow Hill, according to the plat thereof as recorded m Plat Book 21, Page 83, Public Records of Palm Beach Count, Florida. Containing 712 square feet, more or less. 2001. PASSED AND ADOPTED m regular session on this the 6th day of November, MAYOR ATTEST: City Clerk Res. No. 66-01 PLANNING AND ZONING BOARD CITY OF DELRAY BEACH ---STAFF REPORT--- MEETING DATE: AGENDA ITEM: ITEM: October 15, 2001 IV. D. Abandonment of a Portion of Palm Trail, Lying Approximately 92 Feet South of the Centerline of Allen Avenue, Adjacent to Lot 25, and the South Half of Lot 26, Block B, Snow Hill Subdivision. GENERAL DATA: Adjacent Zonings ........ North: East: South: West: Owner .................................. General Public Agent/Applicant .................... Michelle McMinn Location ............................... East 10 ft. of Palm Trail Right- of-Way Adjacent to Lot 25 and the South Half of Lot 26, Snow Hill Subdivision. Property Size ........................ 0.016 Acres Existing FLUM Designation.. LD (Residential Low Density) Current Zoning ..................... R-1-A (Single Family Residential) R-I-A (Single Family Residential) R-I-A (Single Family Residential) RM (Multiple Family Residential) R-I-A (Single Family Residential) Existing Land Use ................ Unimproved rights-of-ways Proposed Land Use ............. Incorporation into Adjacent Parcel. Water Service ....................... n/a Sewer Service ...................... n/a M.$.A TRACT ALLEN AVE .~ IV. D. ITEM BEFORE THE BOARD The item before the Board is that of making a recommendation to the City Commission on the proposed abandonment of a portion of the Palm Trail right-of-way (ROW), lying approximately 92-feet south of the center line of Allen Avenue. This right-of-way abandonment is being processed pursuant to LDR Section 2.4.6(0), Abandonment of Rights-of-Way. BACKGROUND The subject portion of Palm Trail Lane is located directly adjacent to the east line of Lots 25 and the south half of Lot 26, Block B, of the plat of Snow Hill (Plat Book 21, Page 83, of the Public Records of Palm Beach County, Florida). This portion of Palm Trail was dedicated with the recordation of the aforementioned plat of Snow Hill, in May of 1947. Currently the subject right-of-way is unimproved, with a concrete driveway (from the applicant's house) traversing the north portion of the abandonment area. ABANDONMENT DESCRIPTION The subject portion of Palm Trail is a 10.09' by 71.14' rectangular shaped parcel, containing 712 square feet (0.016 acres). The subject parcel represents a 10-foot extension of Lot 25 and the south half of Lot 26. This portion of Palm Trail right-of-way measures 50-feet in width, and is currently a 14- feet wide paved dead-end road. The abandonment area is located at the southern terminus of this portion of Palm Trail. The abandonment request was submitted by the owner of Lot 25 and the south half of Lot 26, Michelle McMinn, and will facilitate the construction of a swimming pool. ABANDONMENT ANALYSIS I Pursuant to LDR Section 2.4.6(O)(1), public right-of-way may be abandoned (returned) to the adjacent property to the same degree in which it was originally obtained, i.e. property dedicated exclusively from a single parcel shall be returned to that parcel; property dedicated through subdivision shall be divided at the center line and returned equally to abutting parcels. Accordingly, the applicant, being the fee-simple owner of Lot 25, and the south half of Lot 26, is entitled to the entire abandonment area. Planning and Zoning Board Staff Report Palm Trail Right-of-Way Abandonment Page 2 Utility Services The City's Environmental Services Department (ESD) reviewed the abandonment request and identified no municipal water or sewer mains in the abandonment area. However, a municipal water main, which runs north-south several feet to the east of the abandonment area, was identified. Although, the water main is not located in the subject abandonment area, its close proximity requires the equivalent of a 12-foot easement (6-feet on each side of the main). As the water main was not identified on the survey, its exact location can not be determined at this time. Thus, the exact placement of the easement within the abandonment area is also undetermined. Therefore, a general utility easement will be retained over the entire abandonment area. The exact easement location can be modified prior to City Commission action, if the location of the water main is identified on the survey. The retention of a utility easement will be a condition of approval. Florida Power & Light (FPL) has identified existing facilities located in south end of the abandonment area. FPL requires a ten (10) foot easement that centers on the existing distribution facilities, or relocation of facilities. BellSouth has also identified existing utilities in the south end of the subject area, and will require replacement easements or relocation of said facilities. The City's Fire Department has reviewed the request and has no objection to the abandonment. ^delphia Cable and the Florida Public Utilities Company have also reviewed the requested abandonment, and have no objections. I REQUIRED FINDINGS Pursuant to LDR Section 2.4.6(0)(5), prior to any right-of-way abandonment being approved, the following findings must be made: A) That there is not, nor will there be a need for the use of the right-of-way for any public purpose. Currently, the subject right-of-way is unimproved, and there are no plans to improve it in the future. As stated, this segment of Palm Trail right-of-way is 50-feet in width, with a pavement area of approximately 14 feet. The abandonment would reduce the right-of-way width to 40-feet. The proposed abandonment area is approximately 8- feet from the edge of pavement. As the this portion of Palm Trail provides access to two (2) single family homes, there will be no need to expand the road beyond its current pavement width in the future. Under these circumstances, the abandonment is acceptable. The City has no plans to utilize this right-of-way for any other purpose. Planning and Zoning Board Staff Report Palm Trail Right-of-Way Abandonment Page 3 B) That the abandonment does not, nor will not, prevent access to a lot of record. As the subject parcel only abuts Lots 25, and the south half of Lot 26, which are owned by the applicant, this abandonment will not prevent access to any parcel. C) That the abandonment will not result in detriment to the provision of access and/or utility services to adjacent properties or the general area. All utility services currently located in the subject right-of-way will continue to function as they do presently. These facilities, as described in the Utility Services section above, will be accommodated through the reservation of a utility easement over the entirety of the abandonment area. Thus, the current and future ability to provide utility services to adjacent properties or the surrounding area will not change. The provision of the aforementioned utility easement will be a condition of approval for this abandonment. In order to reduce the width of the easement and utilize the abandonment area as developable property, the applicant has the option of providing a survey locating all utilities (above and below ground), along with associated descriptions of easements, which are acceptable to the utility providers. If the applicant exercises this option, the information must be provided prior to proceeding to City Commission for final approval. Access to all adjacent and surrounding properties will not be negatively affected. OTHERS I , , , REVIEWBY .................... Community Redevelopment Agency (CRA): The CRA considered this abandonment at its meeting of October 11, 2001. The results of this meeting will be provided at the Planning & Zoning Board meeting. Courtesy Notices: Courtesy notices have been provided to the following: 0 0 0 PROD - Progressive Residents of Delray President's Council North Palm Trail La Hacienda Association Kokomo Key Public Notice: Formal public notice has been provided to property owners within a 500' radius of the subject property. Letters of objection or support, if any, will be provided at the Planning and Zoning Board meeting. Planning and Zoning Board Staff Report Palm Trail Right-of-Way Abandonment Page 4 ASSESSMENT As the subject right-of-way is unimproved and there are no plans for its improvement, its intended use is limited. This portion of Palm Trail is 50-feet in width, and would be reduced to 40-feet with the proposed abandonment. This remaining portion of right-of- way is sufficient as this portion of Palm Trail provides access to two (2) single-family homes (one of which is owned by the applicant). The purpose of the abandonment is to incorporate the vacated area with the parcel to the west in order to facilitate project(s) which will upgrade the property, providing a positive impact to the surrounding area. The provision of a replacement utility easement to cover existing utilities is a condition of approval for the abandonment. ALTERNATIVE ACTIONS 1. Continue with direction. 2. Recommend to the City Commission approval of the abandonment subject to positive findings with respect to LDR Section 2.4.6(0)(5). 3. Recommend to the City Commission denial of the abandonment based upon a failure to make positive findings with respect to LDR Section 2.4.6(0)(5). RECOMMENDED ACTION .By motion, recommend to the City Commission approval of the abandonment of the 10.09' by 71.14' portion of the Palm Trail right-of-way, located directly adjacent to the east line of Lots 25 and the south half of Lot 26, Block B, of the plat of Snow Hill, based upon positive findings with respect to LDR Section 2.4.6(0)(5), subject to the following conditions: 1.) A general utility easement is retained over the entire abandonment area, or over the utilities at a width acceptable to the utility providers. Attachments: Reference Map "A" · Reference Map "B" (Existing Land Uses) · Reduced Survey S:\Planning&Zoning\P&Z~Palm Trail Abandonment.doc PALM TRAIL ABANDONMENT REFERENCE MAP EXISTING LAND USE MAP I! B" SINGLE-FAMILY HOME - 1~ ~ r" ABANDONMENT AREA VACANT PROPERTY - V CITY OF DELRAY BEACH, FL PLANNING ~' ZONING DEPARTMENT -- DI~/TAL L~AS£ MAP SYSTE~I -- o~ 3,VlV2GI$2~t A,EtO I $ ~ TO: THRU: FROM: SUBJECT: CITY coMMISSION DoCUMENTATiON DAVID T. HARDEN, CITY MANAGER ~.~ ~_~, ABANDONMENT OF A 5-FOOT UTILI~ EASEMENT WITHIN LOT 15, PLAT OF DELRAY BEACH ESPLANDE, LOCATED ON THE SOUTH SIDE OF VISTA DEL MAR DRIVE, AND THE INTRACOASTAL WATERWAY. BACKGROUND ~ The request involves abandoning a 5-foot wide utility easement, approximately 118 feet in length, located along south line of Lot 15. The subject easement was dedicated with the recordation of the plat of Delray Beach Esplande (Plat Book 18, Page 39, Palm Beach County Records) in January of 1938. The easement originally accommodated water service to the adjoining lots of the Delray Beach Esplande subdivision. Service to these homes was recently upgraded to a new main located in the Vista Del Mar Drive right-of-way. Although the old water main remains in the subject easement area, it is considered "inactive". The City's Environmental Services Department has no plans to reactivate this main at any time in the future, as it is substandard and aged. The abandonment request was submitted by Robert J. Schmier, who currently owns Lot 15, and a portion of Lot 25 (Ocean Breeze Estates subdivision) to the south. Pursuant to LDR Section 2.4.6 (P) (5) the following finding must be made prior the the City Commission granting an abandonment: The abandonment will not result in the detriment for the provision of utility services to the adjacent properties or the general area. The City's Environmental Services Department (water & sewer service), and the Florida Public Utilities Company (gas service), Florida Power & Light, BellSouth, and Adelphia Cable have reviewed the request, and have no objection to the abandonment. RECOMMENDED ACTION By motion, approve the abandonment of the easement, based upon positive findings with respect to LDR Section 2.4.6(P)(4). Attachment: · Abandonment Resolution · Survey & Legal Description · Location Map S:~boards~citycomrnissfon\Vista Del Mar-Aban-CCDoc.doc RESOLUTION NO. 67-01 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, VACATING AND ABANDONING A UTILITY EASEMENT LOCATED WITHIN THE PLAT OF DELRAY BEACH ESPLANADE AS RECORDED IN PLAT BOOK 18, PAGE 39 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, AS MORE PARTICULARLY DESCRIBED HEREIN. WHEREAS, the City of Delray Beach, Florida, received an application for abandonment of a utihty easement located w~thm the Plat of Delray Beach Esplanade, as more particularly described hereto; said property being located on the south side of Vista Del Mar Drive, and the Intracoastal Waterway; and WHEREAS, the application for abandonment of said easement was processed pursuant to Section 2.4.6(P), "Abandonment of Pubhc Easements", of the Land Development Regulations of the City of Delray Beach, Florida; and WHEREAS, pursuant to LDR Section 2.4.6(P)(3)(c), the applicanon was forwarded to the City Comrmssion with the recommendation that the abandonments be approved, based upon positive findings; and WHEREAS, the City Commission of the City of Dekay Beach, Florida, pursuant to LDR Section 2.4.6(P)(5), finds that the abandonment will not result in detriment for the proms~on of utility sermces to adjacent properties or the general area, that ~ts interest m the described property is no longer needed for the pubhc good and deems it to be in the best interest of the City of Delray Beach to vacate and abandon said easement, as more pamcularly described herein. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the foregoing recitals are hereby incorporated herein by this reference. Section 2. That pursuant to Secuon 177.101(5) and Chapter 166 of the Florida Statutes, it ~s hereby determined to vacate and abandon all right and interest it holds to the following real property, more parucularly described as follows: The south 5 feet of Lot 15, DELRAY BEACH ESPLANADE, according to the plat thereof as recorded in Plat Book 18, Page 39, Public Records of Palm Beach County, Florida, less the following 2001. descnbed parcel: Beginning at the southeast corner of smd Lot 15; thence northerly along the east line of smd Lot 15, a distance of 5.62 feet to a point on a line 5 feet north of and parallel to the south line of said Lot 15; thence westerly, along said parallel line, a distance of 0.14 feet; thence southerly, a distance of 5.56 feet to the point of beginning. Containing 591 square feet or 0.01 acres, more or less. PASSED AND ADOPTED in regular session on flus the 6~ day of November, ATTEST: MAYOR City Clerk 2 Res. No. 6%01 L -~- '0 WATERWAY LANE - % , ~ / LOT 15/ ~ LOT 16 MENT THOMAS STREET ~ - CiTY OF DELRAY BEACH, FL PLANNING & ZONING DEPARTMENT ABANDONMENT OF A PORTION OF A 5' EASEMENT (WITHIN LOT 15, DELR. AY BEACH ESPLANADE) --- DIGli',4L ,E,,4$E /Vl4P S~Sr£M -- MAP REF LM55,3 MEMORANDUM TO: FROM: SUBJECT: DATE: MAYOR AND CITY COMMISSIONERS CITY MANAGER ~ AGENDA ITEM # 0v"~' - REGULAR MEETING OF NOVEMBER 6, 2001 REQUEST FOR SIDEWALK DEFERRAL/S111 IASMINE DroVE NOVEMBER 2, 2001 We received a request from A&V Development Corporation to defer the requirements of I.DR Section 6.1.3(D)(1)(b) to install a sidewalk in front of a single-family residential lot (3111 Jasmine Drive) in Tropic Isles. Currently there are no sidewalks on any of the cul-de-sac streets within Tropic Isles Subdivision and no plans in the future to install sidewalks. Therefore, staff is in support of the developer's request to have the sidewalk in front of 3111 Jasmine Drive deferred. Recommend approval of the sidewalk deferral request. Re f'.Agmemo22.Sidewa!kl')e ferralRequest. 11.06.01 City Of Delray Beach Department of Environmental Services M E M 0 R A N D U M TO: FROM: DATE: SUBJECT: David T. Harden Randal L. Krejcarek, P.E.,~~/~ 12-0ct-01 City Commission Agenda Item Sidewalk Deferral Request 3111 Jasmine Drive RECEIVED OCT 3 0 2001 CiTY MANAGER The attached agenda item is a request for a deferral of sidewalk installation in front of 3111 Jasmine Drive. This lot is a single-family residential lot located in Tropic Isles Subdivision. There currently are no sidewalks on any of the cul-de-sac streets within Tropic Isles Subdivision. Although a sidewalk may be installed at some point in the future, there are no current plans to install a sidewalk on any of the cul-de-sac streets within Tropic Isles Subdivision. Therefore, I am supporting the developer's request to have the sidewalk in front of 3111 Jasmine Drive deferred. The attached map indicates the location of this sidewalk deferral. Please place this item on the 06 November 2001 Commission Agenda. Thanks. enc cc Richard Hasko, P.E. file S:~EngAdmintLettersV~LK~SIDEWALK~3111 jasmine dr deferral agenda memo 20ma~01 doc Prepared By: RETURN TO: R. Brian Shutt, Esq. City Attorney's Office. 200 N.W. 1 st Avenue Delray Beach, Florida 33444 AGREEMENT FOR SIDEWALK IMPROVEMENTS THIS AGREEMENT entered into this , 200_1, between the City of Delray Beach '(hereinafter the City) and the requirement of the installation of a sidewalk along as the City requests the construction of the sidewalk by the Owner. (hereinafter the Owners), for the purpose of waiving until such time a subject property, by the Owner prior to the issuance of a certificate of occupancy; and, WHEREAS, Land Development Regulation Section 6.1.3(C) requires the installation of sidewalk, within the -~--ct~,cv~ c~ '~, right-of-way immediately abutting the installation of a and, WHEREAS, the Owners have requested a waiver from the requirement of the sidewalk pursuant to Land Development Regulation Section 6.1.3(D)(1)(b); WHEREAS, in order to provide conformity along the street the City Commission voted to waive the requirement for the installation of a sidewalk umil such time as the City requests the Owner construct the sidewalk. WITNESSETH NOW, THEREFORE, in witness of the above and in consideration 6f the City agreeing to waive the requirement for the installation of a sidewalk, at this time, for the property lofated at: 1. The Owner agrees to construct a sidewalk, at its sole cost and expense, along the ~-c1~~ --~. right-ql~-way' abutting the.subject pr6perty,.within_ a time period~at is acceptable to the City, after being requested to do so by the City. The sidewalk, when constructed, shall meet all of the current ordinances of the City of Delray Beach. 2. It is the intent of the parties that this Agreement shall run with the land. This Agreement shall be recorded in the public records of Palm Beach County, Florida and shall be binding on the parties legal representatives, heirs, successors and assigns. IN WITNESS WHEREOF, the parties to this agreement set their hands and seals this ~ day of ATTEST: City Clerk Approved as to form and sufficiency: CITY OF DELRAY BEACH, FLORIDA By: Mayor City Attorney 2 WITNESSES: (Please ty0~ or p'rint'namd) ' ! COUNTY OV / The foregoing instrument was ackn~owledged before me this ~ day of ,20or by ,O/~,#,, ~4~_~/v (n~ of omcer or agent), of ,4¢ V ~v-ve_/,.,a~,~c,,~ (qeeo.(fiame of corporation), a rr"/~,,e/~,~ (Sm_.~.te or plac6 of incorporation) corpo'ration, on befialf of the corporation. H._~.e/She is personall¥~ to me or has produced ~-~-~/r'-' (type of identification) as identification and did/did not take an oath. (SEAL) "~-ignat~re Of_No~_ry Put~- ~' State of ~ agt/sidewalk deferral agreement LA-~.~ AVENUE L 1 - - ,~. ~~ , -~,..~ .... , ,, ', lll--dasmtne Drtve ; , ~_ ~~~ JASMINE DRIVE A~NUE L ~ , / ~ '~ ~'% / ~ ~l ' , , J , i ~ ~ , / '~ ' - /I' TROPIC ISLE DP i J .', ~/:~ ~ ~ x/ -- / - -~ ," -- % ~' , '~ '~ i~ / ,. ...... /~ ~ -, /,'~ ~', ~ --.~ ~' ~>/ ,' ~ '. 5' ~__x~/ .~ x 'iF : ' II Ii / , ' ' ~ I , ~ I ~ ' I I lEI /Il ~ ~ Cl~ of DELRAY BEACH S~l JASMINE DRIVE ~ ~) E~R~E~AL ~E8 ~P~~ LOCAqON MAP Date: 12 Oct 2001 AGENDA REQUEST Request to be placed on: X Consent Agenda When: 06 Nov 2001 Description of Agenda Item (who, what, where, how much): Approval/authorization for Mayor to sign sidewalk deferral agreement for 3111 Drive, in Tropic Isles Subdivision. · Regular Agenda Workshop Agenda Special Agenda Jasmine Recommendation Staff recommen~approval, ~ Department Head Signature: ~- Io - ~ -~ } City Attorney Review/Recommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): Funding Available: Account Number Description Yes / No Initials: NA NA NA Account Balance: NA Funding Alternatives: NA City Manager Review: Approved for Agenda: ~/No Initials: Hold Until: Agenda Coordinator Review: Received: (if applicable) S:~EngAdrnin~etters~RLK~SIDEWALK~3111jasmine dr deferral agenda 20marOl.doc MEMORANDUM TO: FROM: SUBJECT: DATE: MAYOR AND CITY COMMISSIONERS CITY MANAGER ~ AGENDA ITEM # ~'/~' - REGULAR MEETING OF NOVEMBER 6, 2001 FDOT UTILITY PERMIT & HOLD HARMLESS AGREEMENT/RENAISSANCE VILLAGE NOVEMBER 2, 2001 This is before the City Commission to authorize the City to act as the utility permit applicant for the construction of a water main within the state right-of-way (Northbound Federal Highway south of NE 1" Street) and approve a Hold Harmless Agreement with the developer Renaissance Village, I..LC. The developer is required to construct water main extensions within the state right-of-way. The Florida Department of Transportation requires the City to sign the permit on behalf of the developer. The proposed agreement provides that the developer will hold the City harmless for the utility work to be performed under the permit. Recommend approval of the FDOT Utility Permit and Hold Harmless Agreement between the City and Renaissance Village, I.I.C. for work performed within the state right-of-way. RefiAgmemol 6.Hold HarmlessAgmt. RenaissanceVillage. 11.06.01 City Of Delray Beach Department of Environmental Services M E M 0 R A N D U M TO: FROM: THRU: DATE: David T. Harden, City Manager Barron E. Caronite, PE, Assistant City Engine~ RECEIVED Richard C. Hasko, PE, ESD Direct CCT 3 0 October 26, 2001 CITY MANAGER SUBJECT: Hold Harmless Agreement for FDOT Utility Permit for Renaissance Village Please find attached a hold harmless agreement for work performed within the state right-of-way. Renaissance Village, a proposed townhouse community located at the Southeast corner of the intersection of NE 1st Street and Northbound Federal Highway, has been required to construct a water main extension within the State right-of-way. The Florida Department of Transportation requires the City to act as the utility permit applicant. The attached agreement holds the City harmless for the work performed under the permit. If the attached agreement is acceptable, please place it on the November 6, 2001 meeting for commission approval. CC: Randal Krejcarek, PE, City Engineer Brian Shutt, Assistant City Attorney s ~engadmtntprojectsttacVenaissance village~hold harmless ag memo. doc HOLD HARMLESS AGREEMENT FOR WORK PERFORMED WITHIN THE STATE RIGHT-OF-WAY THIS HOLD HARMLESS AGREEMENT, is entered into this ~"~ day of O C~-. , 2001 by and between the CITY OF DELRAY BEACH, FLORIDA, (hereinafter referred to as "CITY") and Renaissance Village, LLC, (hereinafter referred to as "DEVELOPER"). WITNESSETH: WHEREAS, DEVELOPER wishes to install/construct utilities in the right-of-way of the State of Florida; and WHEREAS, the CITY is required to sign the permit on behalf of the DEVELOPER to allow the installation/construction to take place in the State right-of-way; and WHEREAS, the CITY is required to indemnify and hold harmless the State for the work performed by DEVELOPER in the State right-of-way; and WHEREAS, this Agreement shall provide that DEVELOPER shall hold harmless and defend the CITY and the State .for the work performed in the State right-of-way by the DEVELOPER, its contractor or agent. 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. The recitations set forth above are incorporated herein. 2. DEVELOPER, in consideration of the payment of Ten Dollars ($10.00), receipt of which is hereby acknowledged, agrees to defend, indemnify, and hold harmless the CITY and the State, their agents, officers, employees and servants from any and all claims, suits, causes of action or any claim whatsoever made, and damages, including, but not limited to reasonable attorney's fees and costs at the trial and appellate levels, which may result from any activity conducted by DEVELOPER, its contractors or agents in relation to the work performed in the State right-of-way and as more particularly shown on the engineering plans submitted for the development known as Renaissance Village. 3. DEVELOPER kvari:ants and guarantees to the CITY that all work on the utility improvement shall be constructed in accordance with the applicable codes of the City of Delray Beach and the State of Florida. The DEVELOPER'S warranty and guarantee shall remain in effect for one year from the date of final acceptance. Unremedied defects identified for correction during the warranty/guarantee period but remaining after its expiration shall be considered as part of the obligations of the guarantee and warranty. Defects in the installation or construction of the utility improvement, which are remedied as a result of obligations of the warranty/guarantee shall subject the remedied portion of the work to an extended warranty/guarantee period of one year after the defect has been remedied. DEVELOPER shall deliver this agreement to its Surety. The Surety shall be bound with and for the DEVELOPER in the DEVELOPER'S faithful observance of the guarantee. 4. DEVELOPER, shall supervise and direct the installation and construction of the utility improvement, applying such skills and expertise as may be necessary to perform the work in accordance with the approved engineering plans. DEVELOPER shall be solely responsible for the means, methods, techniques, sequences and procedures of the construction and installation of the utility improvement. 5. 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. 2 6. This Agreement constitutes the entire agreement and understanding of the parties, as it pertains to the construction or installation of the utility. There are no representations or understandings of any kind not set forth herein. Any amendments to this Agreement must be in writing and executed by both parties. 7. DEVELOPER or iis contractor shall maintain worker's compensation insurance in an amount required by law and general liability insurance in the amount of one million dollars ($1,000,000.00) governing bodily injury and property damage in standard form, insuring CITY and the State as additional named insureds. DEVELOPER or its contractor shall provide this information to the CITY on a Certificate of Insurance, that is acceptable to the CITY, prior to commencing installation or construction. 8. DEVELOPER shall be bound by all the terms and conditions found in the Utility Permit Agreement between the CITY and the State for this project and attached hereto as Exhibit "A". Clerk. 9. This agreement shall not be valid unless signed by the City's Mayor and City IN WITNESS WHEREOF, the parties hereto have entered into this agreement the day and year first written above. ATTEST: By: City Clerk Approved as to Form: By: City Attorney CITY OF DELRAY BEACH, FLORIDA By: David Schmidt, Mayor WITNESSES (Print o~~~ (Print oi Type Name) DEVELOPER: Renaissance Village, LLC (Print or Type Name) Address: 185 NE 6th Avenue Delray Beach, FL 33483 (305) 932-3435 STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instngnent was acknowle, dged before me this o,D~'Odday of g3o_+obe_w, 2~Jby Th_c>ma~ D.[a~dao; (name of officer or agent, title of ~ficer or agent) of ~ ~ & I ~&tl a e { ); I I ~ e_ L L C (name of co~oration ac~owledging), a ~l~~ (sta~~ration) co~oration, on behalf of ~e co~oration. ~She is ~rsona~y ~own~o me or has produced (~pe of idemification) as identification and did (did not) ~e an oath. Signature of~ta~ ~blic- if: ~,~.,~ ........... State of Florida il~ ~- ~ '~;~ u~ COMMISSION ~ DO O~ /I ..,..' Agenda Item NO. Request to be placed on: X Regular Agenda Special Agenda Workshop Agenda AGENDA REQUEST Date: Oct. 26, 2001 When: Nov. 6, 2001 Description of item (who, what, where, how much):Approval of a hold harmless agreement between Renaissance Village, LLC, the developer of Renaissance Village project, and the City for utility work performed within the state right-of-way. The Renaissance Village project is required to extend a water main in Northbound Federal Highway South of NE 1st Street as a condition of site plan approval. The City is required to be the applicant on the Florida Department of Transportation utility permit application. ORDINANCE/RESOLUTION REQUIRED: YES/NO DRAFT ATTACHED YES/NO Recommendation: Staff r~ends approval ~ the a~re ement . ~ Department head signature: Determination of Consistency with Comprehensive Plan: hold harmless City Attorney Review/Recommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): Funding available: YES/NO Funding alternatives (if applicable) Account No. & Description Account Balance City Manager Review: Approved for agenda: Hold Until: Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved cc: tac- Renaissance Village file:s/engadmin/tac/ Renaissance Village /agll0601 hold harmless.doc £1T¥ DF DELRrI'F BEACH 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: October 31, 2001 TO: FROM: City Commission David Harden, City M~anager Brian Shutt, Assistant City Attorney SUBJECT: Hold Harmless Agreement for Canopy in an Easement Pursuant to the attached memo from Robert Tefft, the Owner wishes to install car canopies over parking spaces located in the Town Square development. An easement runs along the rear of the parking spaces in which the City has utilities. Environmental Services has reviewed this request and does not have a concern over the placement of the canopies. The Owner agrees to hold the City harmless for any damage that may occur to the canopies that are placed in the easement as a result of any work performed by the City in the easement. The Owner further agrees to reimburse the City for any damage to the utilities or easement as a result of the placement of the canopies in the easement. Please place this item on the November 6, 2001 City Commission agenda. Please call if you have any questions. Attachment CC: Angela Wong, Deputy City Clerk Robert Tefft, Planner Richard Hasko, Director of Environmental Services Planning & Zoning Department MEMORANDUM TO: DAVID T. HARDEN, CITY MANAGER RECEIVED THRU: PAUL DORLING, DIRECTOR OF PLANNING AND ZONING OCT 2 2001 FROM: ROBERT G. TEFFT, PLANNER '~~ CITY MANAGER DATE: OCTOBER 24, 2001 RE: HOLD HARMLESS AGREEMENT FOR TOWN SQUARE Please find attached a Hold Harmless Agreement for Improvements within an Easement for Town Square (75 NE 6th Avenue). The Site Plan Review and Appearance Board (SPRAB) approved a Class I site plan modification at its meeting of June 20, 2001, for the installation of four (4) carport canopy structures over the parking spaces adjacent to the residential building, subject to the following conditions: 1. That a Hold Harmless Agreement be executed to locate the canopies in the utility easements, and; 2. That the locations of the awning support posts are indicated on the site plan, as well as their dimensions, and that the posts are located in between the parking spaces. The applicant has submitted revised plans indicating the new support post locations. Engineering has reviewed the plans and has no objections. The applicant also submitted the attached hold harmless agreement for execution by the City. Should you have any questions or need additional information, do not hesitate to contact me. Pr.epared by: ~E'Tf~N: -- R. Brian Shutt, Esq. City Attorney's Office 200 N.W. Ist Avenue Delray Beach, FL 33444 HOLD HARMLESS AGREEMENT FOR IMPROVEMENTS WITHIN AN EASEMENT THIS HOLD HARMLESS AGREEMENT, is entered into this 2~t~ day of Scp~e,~,~L,' , 200_~ by and between the CITY OF DELRAY BEACH, a Florida municipal corporation with a mailing address of 100 N.W. 1st Avenue, Delray Beach, Florida 'To~,~ ~q,m~ o~'/3ti cc,¥ ^s~ ~ c:c ~';~,, 7tn c. ~ ~. 33444 (hereinafter referred to as "City") and , with a mailing address of Z'7 7 ~¢ ~ ~ A,~t, ~,[co}~ ~,c~ FL 3 3H 13 (hereinafter referred to as "Owner"). WITNESSETH: WHEREAS, OWNER owns property located at 75-t~-c g~-/../qvr.~,~x_ Delray Beach, Florida, and has requested the CITY to allow for the installation or construction of CatK;..x,,} Cc~,.,e,p~ within the existing utility easement. The improvements installed or constructed into the easement is more particularly described in Exhibit "A"; and, WHEREAS, CITY maintains utilities within the utility easement; and, WHEREAS, OWNER agrees to hold the CITY harmless for any damage which might be caused to the OWNER'S improvements installed within the easement as a result of maintenance of the utilities within the utility easement. 2. 3. located. 4. Now; TI-~EREFORE, for the mutual covenants and matters set forth herein,-as of the date set forth above, the parties hereby agree as follows: The recitations set forth above are incorporated herein. OWNER owns the property which is legally described in Exhibit "B". That CITY maintains an easement, see Exhibit "C", in which utilities are OWNER, on behalf of itself, its successors, heirs, and assigns, acknowledges that the CITY shall assume no responsibility for the structures, improvements, materials or appurtenances which are being placed within the easement. 5. OWNER, its successors, heirs, and assigns, in consideration of the mutual promises contained herein and other good and valuable consideration, agrees to hold harmless the CITY, its agents, officers, employees and servants from any damage to the improvements placed within the easement. It is understood that any cost for replacement of the improvements shall be OWNER'S, its successors', heirs' and assigns' responsibility and CITY will not be held liable for any damage as a part of the maintenance or construction within the said easement. 6. OWNER, its successors, heirs, and assigns, in consideration of the mutual promises contained herein and other good and valuable consideration, further agrees to hold harmless, defend, or reimburse the CITY, for any damage that is caused to the CITY'S utilities or easement as a result of the construction, maintenance or existence of the improvements located in the easement. Clerk. 7. This agreement shall not be valid unless signed by the City's Mayor and City 2 8. - 'Tlffs agreement constitutes the entire agreement between CITY and OWNER and may not be altered, amended, or modified except by an instrument in writing signed by the parties to the agreement with all the same formalities as this agreement. 9. This Agreement shall be governed by the laws of the State of Florida and venue shall be in Palm Beach County, Florida. IN WITNESS WHEREOF, the parties hereto have entered into this agreement the day and year first written above. ATTEST: By: City Clerk Approved as to Form: By: /~¥,C ity Attorney TN?SS S. CITY OF DELRAY BEACH, FLORIDA By: Mayor By: (_~~ STATE OF FLORIDA '~ ~SEAL) COUNTY OF Dc,~, &c~ The foregoing instrument was acknowledged before me this 2~/~ day of ~e,e~,.,~t-~ , 200[ by Car,-t C4ic[c3~rc:^, ~e.~:~t,at- (name of officer or--~gent, title of officer or agent) ofTcx.,,-..~-,,~c4~et/')d%/~l~Cc~v~)r'(name of corporation acknowledging), a F~,-~t~ (state or I31ace of inco~oration) ~orporation, 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. ~ .~ S~jt~re of Notary t~ul~lic - State ~"'~_.0_f Florida EXHIBIT "A" Parking canopy substantially similar to the attached drawing. [~99 ON ~/~Z] 6~:TT NOR T0/6~/0T N E. 5TI ~ AYENUE (soutr ,ound F..d.r_.~.l_i l N E. 5TH AVENUE (Norlhbotlnd Fi der&l Highway) si'rE PLAN HDU38 ~93G ~0 llI3 W~S~:IT III Illlllllt il Illlllill lit I TOOE'6E'I30 - ' --~- EXHIBIT "B" Parcel B, TOWN SQUARE, according to the Plat thereof, as recorded in Plat Book 89, Page 40, of the Public Records of Palm Beach County, Florida - ' ----- EXHIBIT "C" Utility Easements situated within Parcel B, of TOWN SQUARE, according to the Plat thereof, as recorded in Plat Book 89, Page 40, of the Public Records of Palm Beach County, Florida MEMORANDUM TO: FROM: SUBJECT: DATE: MAYOR AND CITY COMMISSIONERS CITY MANAGER ~ AGENDA ITEM #~./~ REGULAR MEETING OF NOVEMBER 6:2001 SURVEY CONSULTING SERVICE AGREEMENTS NOVEMBER 2, 2001 This is before the City Commission to approve the list of fa-ms recommended by the Selection Committee to provide survey consulting services for future agreements. The Committee recommends the following: Recommended Finns Locations Avirom & Associates Caufield & Wheeler, Inc. Heller-Weaver & Sheremeta, Inc. O'Brien, Suiter & O'Brien, Inc. WL Fish & Company, Inc. Boca Raton Boca Raton Delray Beach Delray Beach West Palm Beach All surveying service agreements are subject to review and approval by the City Attorney. Recommend approval of the survey consulting list as recommended by the Selection Committee. RefiAgmemol6 SuveyConsultmgL~st. 11.06 O1 City Of Delray Beach ocx 3 ool Department of Environmental ServicesCITY MANAGER M E M O R A N DU M TO: FROM: DATE: SUBJECT: David Harden' City Mangel// Randal L. Krejcarek, P.E. 29 Oct 200t Agenda Request Approval/Authorization of Surveying Consulting Agreements The attached agenda item is a request for Commission approval/authorization for Mayor to execute agreements with each of the five selected surveying firms for Surveying Consulting Services. In 1992, the City executed agreements with three surveying firms. Recently, one firm has ceased doing business. This left the City with only two firms under contract. The amount of surveying work currently required on an annual basis justifies the need to retain more surveying firms under contract. As a result Engineering issued a request for proposals (RFQ) and is recommending that continuing contracts be issued to five surveying firms. All agreements are subject to review and approval by the City Attorney. The Selection Committee recommends the following firms: Recommended Firms Avirom & Associates, Caufield & Wheeler, Inc., Heller-Weaver & Sheremeta, Inc. O'Brien, Suiter & O'Brien, Inc. WL Fish & Company, Inc. Location Boca Raton, FL Boca Raton, FL Delray Beach, FL Delray Beach, FL West Palm Beach, FL The following firms responded to the Adair & Brady, Inc. Avirom & Associates Carney-Neuhaus, Inc. Caufield & Wheeler, Inc. Charles E. Rossi, Inc. Craig A. Smith Craven Thompson Dennis J. Leavy Heller-Weaver & Sheremeta request for qualifications (RFQ): Landmark Surveying Lawson, Nobel & Webb, Inc. Miller Legg Morgan & Eklund O°Brien, Suiter & O'Brien Sexton Engineering Stoner & Assoc., Inc. WL Fish & Company, Inc. Please place this item on the 06 November 2001 commission agenda. enc. cc Richard Hasko, P.E. file %~ESSRVOO2tDEPARTMENTS~EngAdmintRFQtagenda memo survey nov 2001.doc AGREEMENT FOR SURVEYING SERVICES THIS AGREEMENT, made and entered into this day of , 200__, by and between the CITY of Delray Beach, Florida, hereinafter referred to as "CITY", and , hereinafter referred to as "CONSULTANT". WITNESSETH: WHEREAS, the CITY has provided notice of the desired professional services and carried out the proper selection process pursuant to and in accordance with the Consultant's Competitive Negotiation Act; and, WHEREAS, the CITY represents that it is a Florida municipal corporation with the authority to engage the CONSULTANT and accept the obligation for payment for the services desired; and, WHEREAS, the CITY desires to engage the CONSULTANT to perform certain professional services pertinent to such work in accordance with this AGREEMENT and with SERVICE AUTHORIZATIONS to be issued at the time of or subsequent to execution of this AGREEMENT; and WHEREAS, this AGREEMENT does not entitle the CONSULTANT to any fees for any particular project without first receiving a Service Authorization; and WHEREAS, the CONSULTANT desires to provide such professional services in accordance with this AGREEMENT and SERVICE AUTHORIZATIONS. NOW, THEREFORE, in consideration of the premises and the mutual benefits which will accrue to the parties hereto in carrying out the terms of this AGREEMENT, it is mutually understood and agreed as follows: I. DEFINITIONS; GENERAL CONDITIONS THE SCOPE OF WORK is to be implemented in phases as set forth by this Agreement and by SERVICE AUTHORIZATIONS, which are attached hereto and made a part hereof, and as also may be added as approved by the City from time to time. A SERVICE AUTHORIZATION is a form to be used to authorize work, projects, and services. The form shall be executed by the CITY'S and CONSULTANT'S II. representatives. A CITY purchase order number shall be identified on the form. The purchase order authorization is established in the CITY Code of Ordinances with provisions for expenditure levels of approval authorizations. A sample form of the service authorization is attached as Exhibit "A" to this AGREEMENT. The projects, work and services to be performed by the CONSULTANT, and time for completion of the particular phase of the work by CONSULTANT, shall be authorized by a SERVICE AUTHORIZATION. The SERVICE AUTHORIZATION shall include the scope of work to be performed; the budget cost, complete with an itemization of man-hours, wage rates, reimbursable expenses, and other related costs; schedule for completion and name of project manager. The SERVICE AUTHORIZATION shall be signed by the CITY and the CONSULTANT'S authorized representative. A CITY purchase order shall be issued with authorization identifying funds and amount of expenditures. The terms of this AGREEMENT supersede the terms stated on the purchase order. PHASES: A phased approach may be utilized. The City and the Consultant shall have the right to negotiate the terms of each phase as contained within each service authorization, and to reject any service authorization, if the parties cannot agree to the terms of the service authorization. In the event the parties cannot agree, the city may select the next ranked proposer or go out for additional proposals in order to complete the subsequent phase(s) of the project. This phased approach shall not waive the City's right to terminate the Consultant's contract during any phase of the project. GENERAL DUTIES OF CONSULTANT The relationship of the CONSULTANT to the CITY will be that of a professional CONSULTANT, and the CONSULTANT will provide the professional and technical services required under this AGREEMENT in accordance with acceptable professional practices and ethical standards. No employer/employee relationships shall be deemed to be established and the CONSULTANT, its agents, subcontractors, and employees shall be independent contractors at all times. Professional and Technical Services. It shall be the responsibility of the CONSULTANT to work with the CITY and apprise it of solutions to problems and the Go approach or technique to be used towards accomplish- ment of the CITY'S objectives as set forth in SERVICE AUTHORIZATIONS, which will be made a part of this AGREEMENT upon execution by both parties. The scope of services to be provided shall be covered in detail in SERVICE AUTHORIZATIONS. The City has established a budget for each project awarded to CONSULTANT. The CONSULTANT shall be responsible for providing, at no additional cost to the City, drawings, reports and other applicable services if the budget for the entire project is exceeded during and up to completion of the final phase of the project; however, nothing contained herein shall require the CONSULTANT to bear additional costs if the additional costs are a result of a change in the scope of services directed by the City. The CONSULTANT shall be responsible for the profes- sional quality, technical accuracy, timely completion, compliance with regulations and rules, and the coordination with all appropriate agencies of all drawings, reports and other applicable services furnished by the CONSULTANT under this AGREEMENT. If the CITY determines there are any errors, omissions or other deficiencies in the CONSULTANT'S drawings, reports and other applicable services, the CONSULTANT shall, without additional compensation, correct or revise said errors or omissions to the satisfaction of the CITY. Approval by the CITY of drawings, reports and incidental professional services or materials furnished hereunder shall not in any way relieve the CONSULTANT of responsibility for the technical adequacy of its work. The CITY'S review, approval or acceptance of, or payment for, any of the services shall not be construed to operate as a waiver of any rights under this AGREEMENT or of any cause of action arising out of the performance of this AGREEMENT. The CONSULTANT and its subconsultants shall have no responsibility for the discovery, presence, handling or removal or disposal of or exposure of persons to hazardous materials in any form existing prior to construction at the project site, including but not limited to asbestos, asbestos products, polychlorinated biphenyl (PCB) or any other toxic substances. III. The CONSULTANT designates , as its representative to act as liaison with the CITY. The representative shall manage and coordinate CITY projects and is hereby authorized to act on behalf of the CONSULTANT to negotiate and approve SERVICE AUTHORIZATIONS and act on any other related matter with respect to performance of services for the CITY in accordance with the AGREEMENT. Any change to name another person shall be requested in writing to the CITY, and shai1 be approved by the City. CONSULTANT shall attend all meetings, as specified or as defined in each SERVICE AUTHORIZATION of the City Commission or any City approval Board, where the project is discussed, unless the City's representative declares such attendance and participation is not necessary. In addition, the CONSULTANT shall attend all additional meetings as may be required to facilitate the project. DUTIES OF CONSULTANT: The following Duties of CONSULTANT are separated into phases of the project which if approved via SERVICE AUTHORIZATIONS shall be performed by the CONSULTANT. The City may require SERVICE AUTHORIZATIONS, which contain additional requirements applicable to the project. The City must authorize through service authorizations, the commencement of each phase of the work. The CONSULTANT shall consult with the CITY to clarify and define the CITY's requirements for the project and review available data. B o The CONSULTANT shall advise the CITY as to the necessity of the CITY's providing or obtaining from others, data or services. The CONSULTANT shall furnish the number of copies of the survey and report documents as provided in the SERVICE AUTHORIZATION and reviews them with the CITY. The CONSULTANT, in consultation with the CITY shall determine the general scope, extent and character of the Project. IV. Advise the CITY if additional data or services are necessary and assist the CITY in obtaining such data and services. The CONSULTANT shall make available all design calculations and associated Data. The CONSULTANT shall prepare survey documents which shall include but not be limited to drawings and technical information, general and supplementary conditions, with technical criteria, descriptions and data necessary for permitting by governmental authorities. The CONSULTANT shall in the preparation of survey documents, technical criteria, written descriptions and data, take into account all currently prevailing codes and regulations governing construction in the City of Delray Beach, Florida, and shall meet the requirements of all other agencies or governmental authorities having jurisdiction over the project. The CONSULTANT shall be responsible for all required research related to existing plats, as- built drawings and other information as related to the scope of the project. DATA AND SERVICES TO BE PROVIDED BY THE CITY The CITY shall provide the following: ao Furnish or cause to be furnished such reports, studies, instruments, documents, and other information as the CONSULTANT and CITY mutually deem necessary and which are under control of the CITY. Bo Other data and services to be agreed upon in subsequent SERVICE AUTHORIZATIONS. Pay for all legal advertisements incidental to obtaining bids or proposals from contractors. The CITY Manager or his designee shall act as the CITY'S representative with respect to the work to be performed under this AGREEMENT. The CITY Manager or his designee shall have the authority to the extent authorized by the CITY Charter and Code of Ordinances to exercise the rights and responsibilities of the CITY provided in this contract. Said authority may include but is not limited to: transmit instructions, stop work, receive information, interpret CITY'S policies and decisions with respect to materials, equipment, elements, and systems pertinent to the services covered by this AGREEMENT. E. Pay all permit application filing fees. F. Provide access to CITY facilities. TIME OF PERFORMANCE The CONSULTANT will begin work promptly after issuance of a Notice to Proceed. C o The CONSULTANT'S services called for under the AGREEMENT shall be completed in accordance with the schedule contained in each SERVICE AUTHORIZATION. If the CONSULTANT'S services are unreasonably delayed by the CITY in excess of 180 days, the time of performance and compensation shall be renegotiated, provided; however, the CONSULTANT as a condition precedent to renegotiations shall notify the City within fifteen (15) calendar days at the end of the delay of CONSULTANT'S proposed additional costs incurred by reason of said delay. The CITY and CONSULTANT recognize that time is of the essence in this Agreement and SERVICE AUTHORIZATIONS and that the CITY will suffer financial loss if the project is not completed within the times specified in the SERVICE AUTHORIZATIONS, including any time extensions granted by the CITY. CONSULTANT also recognizes the delay, expense and difficulty involved in proving in a legal proceeding the actual loss suffered by the CITY if the project is not completed on time. Accordingly, instead of requiring any such proof, the CITY and CONSULTANT agree that as liquidated damages for delay (but not as a penalty) CONSULTANT shall pay the CITY four hundred dollars ($400.00) for each day that expires after the time specified for project completion in the SERVICE AUTHORIZATION. 6 VI. AGREEMENT PERIOD The period of service is from the date of execution of this AGREEMENT until such time as all outstanding SERVICE AUTHORIZATIONS, if any, that have been issued are completed. Each Service Authorization shall delineate a time for completion of the service to be rendered. VII. COMPENSATION The CITY will compensate the CONSULTANT for the services performed on each SERVICE AUTHORIZATION in accordance with a negotiated lump sum, or a not to exceed budgeted amount based on time charges which are based upon hourly rates, plus reimbursable expenses if compensation is based on Method II and other related costs as are specified in the SERVICE AUTHORIZATION. 1. METHOD 1 - LUMP SUM Lump Sum Amount. Wherever possible, the scope of services for Services, Projects or Programs shall be thoroughly defined and outlined prior to its authorization. The CITY and CONSULTANT shall mutually agree to a lump sum amount for services to be rendered and a detailed scope of services. Should the CITY deem that a change in the scope of services is appropriate, then a decrease or increase in compensation shall be authorized in writing. In lump sum SERVICE AUTHORIZATIONS, the CONSULTANT shall submit the estimated man-hours, wage rates and other actual unit costs supporting the compensation. The CONSULTANT shall submit a truth in negotiation certificate stating that all data supporting the compensation is accurate, complete and current at the time of executing the SERVICE AUTHORIZATION. 2. METHOD II - TIMES CHARGES/ NOT TO EXCEED BUDGETED AMOUNT Computation of Time Charges/Not to Exceed Amount. When a service is to be compensated for on a time charge/not to exceed basis, the CONSULTANT will submit a not to exceed budget cost to the CITY for prior approval based on actual time charges which shall not exceed established hourly rates as shown in Exhibit B attached hereto, plus reimbursable expenses and other related costs. The CITY shall not be obligated to reimburse the CONSULTANT for costs incurred in excess of the not to exceed cost amount. The CITY agrees to pay the CONSULTANT compensation for services rendered based upon the established raw hourly salary rates as shown in Exhibit B for services rendered on CITY projects multiplied by an overhead factor not to exceed 3.0, which includes profit not to exceed ten percent (10%) and may be subject to audit. The schedule of hourly rates as set forth in Exhibit B is attached hereto and made a part hereof. The rates listed in Exhibit ~B' may be adjusted upon written AGREEMENT of both parties, however the adjustment may not exceed more than five percent (5%) within any twelve (12) month period. A newly revised Exhibit 'B' must be submitted for approval. In addition, the CITY shall pay for reim- bursable expenses invoiced at the actual cost of expenditures incurred by the CONSULTANT if provided in the SERVICE AUTHORIZATION as follows: (1) Actual expense of transportation and lodging in accordance with CITY policy in effect at the time of travel when traveling in connection with each SERVICE AUTHORIZATION, express courier charges, and permit fees paid for securing approval of authorities having jurisdiction over the project. (2) Actual expense of reproductions, of Drawings and Specifications including duplicate sets of the completion of each SERVICE AUTHORIZATION for the CITY'S review and approval. (3) Actual expenses of testing, laboratory services, and field equipment. (4) Actual expense of overtime work requiring higher than regular rates, when authorized by the CITY. (5) Actual expense of Auto Travel at the established CITY rate per mile for travel outside Palm Beach County. Subcontractual service shall be invoiced at the actual fees paid by the CONSULTANT, plus an additional ten percent- (10%) of the cost of these services to compensate CONSULTANT, for the procuring and management of the sub-consultant, and for the other financial and administrative costs. Subcontractual services shall be approved by the CITY in writing prior to performance of the subcontractual work. C o Total Compensation (including, but not limited to compensation for sub-consultants) for all services and expenses shall not exceed the budget cost listed upon each SERVICE AUTHORIZATION, without written approval. Do If the CITY determines that any price for services, however calculated provided by the CONSULTANT, including profit, negotiated in connection with this AGREEMENT or any cost reimbursable under this AGREEMENT was increased by any significant sums because the CONSULTANT or any subcontractor furnished incomplete or inaccurate costs or pricing data, then such price or cost or profit shall be reduced accordingly and the SERVICE AUTHORIZATION shall be reduced accordingly and the SERVICE AUTHORIZATION shall be modified in writing to reflect such reduction. VIII.PAYMENT The CITY agrees that it will use its best effort to pay the CONSULTANT within thirty (30) calendar days from presentation of the CONSULTANT'S itemized report and invoice and approval of the CITY'S representative, unless additional time for processing is required for payments for basic services, subcontractual services, and reimbursable expenses as defined in Section VII. The CONSULTANT shall submit monthly invoices, as required in the SERVICE AUTHORIZATION, which shall include a report of work completed during the respective invoice period. Invoices shall be in a format consistent with those shown in Exhibit C. The report shall be adequate in detail to describe work progress (% complete for each task) and written summaries of work completed. No payment request shall exceed the value of work and services performed by the CONSULTANT under the SERVICE AUTHORIZATION. IX. MISCELLANEOUS PROVISIONS A. Ownership Documents: A set of reproducible mylar drawings, field notes, computations and CADD disk(s) in a format compatible with CITY'S Computer system shall be given to the CITY. Details, design calculations, and all other documents and plans that result from the CONSULTANT'S SERVICES under this AGREEMENT shall become and remain the property of the CITY, including patent and copyright rights, whether the project is completed or not, and will be delivered to the CITY upon demand. CONSULTANT reserves the right to retain a copy of all such documents for record purposes. Where such documents are required to be filed with governmental agencies, the CONSULTANT will furnish copies to the CITY upon request. The contract work is represented by hard copy documentation; software, is provided to the CITY for convenience only. B. Copies of Documents: The CONSULTANT shall prepare sufficient copies of all documents necessary to obtain approval through the City's processes, as well as other governmental authorities. The CITY acknowledges that the materials cited in Paragraph IX A. and other data provided in connection with this Agreement which are provided by the CONSULTANT are not intended for use in connection with any project other than the project for which such materials are prepared. Any use by the CITY of such materials in connection with a project other than that for which such materials were prepared without prior written consent and adaptation by the CONSULTANT shall be at the CITY'S sole risk, and the CONSULTANT shall have no responsibility or liability therefore. C. Insurance: Without limiting any of the other obligations or liabilities of the CONSULTANT, the CONSULTANT shall, at his own expense, provide and maintain in force, until all of its services to be performed under this AGREEMENT have been completed and accepted by the CITY (or for such duration as it otherwise specified hereinafter), the following insurance coverages: Worker's Compensation Insurance to apply to all of the CONSULTANT'S employees in compliance with the o "Worker's Compensation Law" of the State Florida and all applicable Federal Laws. of Employer's Liability with limits of $100,000 per person, $500,000 per occurrence and $100,000 per each disease. Comprehensive General Liability with minimum limits of one million dollars ($1,000,000.00) per occurrence combined single limit for Bodily Injury Liability and Property Damage Liability. Coverage must be afforded on a form no more restrictive than the latest edition of the Comprehensive General Liability policy, without restrictive endorsements other than ISO Endorse- ment GL 21 06 (Engineers, Architects, or Surveyors Professional Liability exclusion), as Filed by the Insurance Services Office and must include: a. Premises and/or Operations b. Independent Contractors C · do fo Products and Completed Operations - CONSULTANTS shall maintain in force until at least three years after completion of all services required under this AGREEMENT, coverage for Products and Completed Operations, including Broad Form Property Damage. Broad Form Property Damage Contractual Coverage applicable to this specific AGREEMENT. Personal Injury Coverage with minimum limits of coverage equal to those required for Bodily Injury Liability. Business Automobile Liability with minimum limits of three hundred thousand dollars ($300,000.00) per occurrence combined single limit for Bodily Injury Liability and Property Damage Liability. Coverage must be afforded on a form no more restrictive than the latest edition of the Business Automobile Liability policy, without restrictive endorsements, as filed by the Insurance Services Office and must include: a. Owned Vehicles b. Hired and Non-Owned Vehicles c. Employers' Non-Ownership Professional Liability Insurance with minimum limits per occurrence applicable to CITY projects as follows: Construction Cost Ranqe Limit a. 0 - 99,000 250,000 b. 100,000 - 299,000 500,000 c. 300,000 - 499,000 750,000 d. 500,000 - Above 1,000,000 Coverage'shall be afforded on a form acceptable to the CITY. CONSULTANT shall maintain such professional liability insurance until at least one year after a Certificate of Occupancy is issued. CONSULTANT shall insure that sub- consultants used for any portion of the project, maintain adequate levels of Professional Liability Insurance. Prior to commencement of services, the CONSULTANT shall provide to the CITY Certificates of Insurance evidencing the insurance coverage specified in the foregoing Paragraphs C1, C2, C3, C4. Ail policies covered within subparagraphs Cl, C2, C3, C4, shall be endorsed to provide the CITY with thirty (30) days notice of cancellation and/or restriction. The CITY shall be named as an additional insured as to CONSULTANT'S liability on policies referenced in subparagraphs C2. The required Certificates of Insurance shall not only name the types of policies provided, but also shall refer specifically to this AGREEMENT and section and to the above paragraphs in accordance with which insurance is being furnished, and shall state that such insurance is as required by such paragraphs of this AGREEMENT. The CONSULTANT shall also make available to the CITY a certified copy of the professional liability insurance policy required by paragraph 4 above for the City's review. Upon request, the CONSULTANT shall provide copies of all other insurance policies. If the initial insurance policies required by this AGREEMENT expire prior to the completion of the services, renewal Certificates of Insurance of policies shall be furnished thirty (30) days prior to the date of their expiration. For Notice of Cancellation and/or Restriction; the policies must be endorsed to provide the CITY with thirty (30) days notice of cancellation and/or restriction. 12 o The CONSULTANT'S insurance, including that applicable to the CITY as an Additional Insured, shall apply on a primary basis. Litigation Services: It is understood and agreed that CONSULTANT'S services include reasonable participation in litigation or dispute resolution arising from this AGREEMENT. CONSULTANTS participation shall include up to 30 hours of services related to litigation or dispute resolution. Any such services in excess of 30 hours shall be an extra service. Authority to Contract: The CITY represents that it is a Florida Municipal Corporation with the authority to engage the CONSULTANT for professional services described in the SERVICE AUTHORIZATIONS and to accept the obligation for payment for the services described in the SERVICE AUTHOR- IZATIONS. Assignment: The CITY and the CONSULTANT each binds itself and its successors, legal representatives, and assigns to the other party to this AGREEMENT and to the partners, successors, legal representatives, and assigns of such other party, in respect to all covenants of this AGREEMENT subject to budget considerations and requirements of law; and, neither the CITY nor the CONSULTANT will assign or transfer their interest in this AGREEMENT without the written consent of the other. Confidential Information: During all times that the CONSULTANT is employed on behalf of the CITY and at all times subsequent to the date of this contract, all discussions between the CITY and the CONSULTANT and all information developed or work products produced by the CONSULTANT during its employment and all matters relevant to the business of the CITY not otherwise being a matter of public record shall be deemed to be confidential. Ail such information and work product shall be protected by the CONSULTANT and shall not be revealed to other persons without the express written permission of the CITY, unless mandated by order of the court. 13 H. Non-Exclusive Contract: The CITY reserves the right to award projects to other firms pursuant to the Florida Statutes Consultant's Competitive Negotiations Act during the period of service of the CONSULTANT. The CONSULTANT agrees to cooperate with the CITY and other firms in accom- plishing work that may require joint efforts to accomplish the CITY'S goals. This cooperation, when requested by the CITY, will include but not be limited to: Sharing technical information developed under con- tract with the CITY. 2. Joint meetings for project coordination. 3. Establish lines of communication. Subconsultants: In the event the CONSULTANT, during the course of the work under this AGREEMENT requires the services of any subcontractors or other professional associates in connection with services covered by this AGREEMENT, CONSULTANT must secure the prior written approval of the CITY. Notices: Whenever either party desires to give notice unto the other, it must be given by written notice, sent by registered United States mail, with return receipt requested, addressed to the party for whom it is intended at the place last written, as the place for giving of notice in compliance with the provisions of this paragraph. For the present, the parties designate the following as the respective places of giving of notice to wit: CITY of Delray Beach CITY MANAGER City of Delray Beach, Florida 100 NW 1st Avenue Delray Beach, Florida 33444 CONSULTANT Lo Mo Attachments: Request for Qualifications is hereby incorporated within and made an integral part of this AGREEMENT. Truth-In-Negotiation Certificate: Signature of this AGREEMENT by CONSULTANT shall act as the execution of a truth in negotiation certificate stating that wage rates and other factual unit costs supporting the compensation of this AGREEMENT are accurate, complete, and current. The original contract price and any additions thereto shall be adjusted to exclude any significant sums by which the CITY determines the contract price was increased due to inaccurate, incomplete, or non-current wage rates and other factual unit costs. Records: Records of all expenses relative to each SERVICE AUTHORIZATION shall be kept on a generally recognized accounting basis and shall be available to the CITY or its authorized representative at mutually convenient times. Personnel: The CONSULTANT represents that it has or will secure, at its own expense, qualified personnel required in performing the services under this AGREEMENT. Ail work shall be performed under the direction of a professional, registered under the State of Florida in the field for which he is responsible for performing such services. The project manager shall be approved by the CITY under each SERVICE AUTHORIZATION. Key project personnel will be identified for each project and expected to perform the work assignment as can reasonably be expected. Equal Opportunity Employment: CONSULTANT agrees that it will not discriminate against any employee or applicant for employment for work under this Agreement because of race, color, religion, sex, age or national origin. Such action shall include, but not be limited to the following: employment, upgrading, demotion or transfer; recruitment advertising; lay-off or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The CONSULTANT agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth this non-discrimination clause. This provision applies to all CONSULTANT'S subcontractors and it is the responsibility of CONSULTANT to ensure subcontractor's compliance. Prohibition Aqainst Continqent Fees: The CONSULTANT warrants that he has not employed or retained any company or person, other than a bona fide employee working solely for the CONSULTANT, to solicit or secure this AGREEMENT, and that he has not paid or agreed to pay any persons, company, corporation, individual or firm, other than a bona fide employee working solely for the CONSULTANT any fee, commission, percentage, gift, or any other consideration, contingent upon or resulting from the award or making of this AGREEMENT. Termination: This AGREEMENT may be terminated by either party by seven (7) calendar days prior written notice, in the event of substantial failure to perform in accordance with the terms hereof by the other party through no fault of the terminating party. The CITY shall have the right to terminate this AGREEMENT for convenience at any time by thirty (30) calendar days written notice to the consultant. In the event the project described in any SERVICE AUTHORIZATION, or the services of the CONSULTANT called for under any SERVICE AUTHORIZATION, is or are suspended, canceled, or abandoned by the CITY, the CONSULTANT shall be given five days prior written notice of such action and shall be compensated for the professional services provided and reimbursable expenses incurred up to the date of suspension, cancellation or abandonment. The CONSULTANT agrees to provide all documents to the CITY (specifically those referenced in paragraph IX.A. Further, prior to the CONSULTANT'S destruction of any of the above referenced documents, the CITY shall be notified and allowed a reasonable period to gain access to and make copies of any such documents. Upon any termination of this AGREEMENT, the CONSULTANT agrees that it shall use its best efforts to work harmoniously with any successor who enters an AGREEMENT to provide services for the CITY in order to provide for a smooth transition period. Indemnification: In consideration of ten dollars ($10.00) and other valuable consideration, the CONSULTANT will at all times indemnify, save and hold harmless and defend the CITY, its officers, agents (the term agents shall not include the contractor(s), any subcontractors, any materialmen or others who have been retained by the City or Contractor, or materialmen to supply goods or services to the project) and employees, from and against all liability, any claim, demand, damage, loss, expense or cause of action and costs (including attorney's fees at trial or appellate levels) caused by the negligence, recklessness, or intentionally wrongful conduct of the CONSULTANT and other persons employed by or utilized by the CONSULTANT in the performance of the Agreement. The indemnification contained herein shall survive the expiration or earlier termination of this Agreement. Nothing in this AGREEMENT shall be deemed to affect the rights, privileges and immunities of the CITY as set forth in Florida Statutes 768.28. Interest of the Consultant: The CONSULTANT covenants that it presently has no interest and shall not acquire any interest, direct or indirect, in any Project to which this AGREEMENT pertains or any other interest which would conflict in any manner or degree with the performance of its services hereunder. The CONSULTANT further covenants that in the performance of this AGREEMENT, no person having such interest shall be employed. Compliance with Laws: a o The CONSULTANT shall comply with the applicable requirements of State and applicable County laws and all Codes and Ordinances of the CITY OF DELRAY BEACH as amended from time to time, and that exist at the time of building permit issuance. b. For SERVICE AUTHORIZATIONS involving work under 17 Federal or State Grantors or Approving Agencies, the CITY and the CONSULTANT shall review and approve the applicable required provisions or any other supplemental provisions as may be included in each SERVICE AUTHORIZATIONS. Jurisdiction; Venue: The CONSULTANT hereby covenants, consents and yields to the jurisdi'ction of the State Civil Courts of Palm Beach County, Florida. Any dispute between CONSULTANT and the CITY shall be governed by the laws of Florida with venue in Palm Beach County. Internal Dispute Between Owner and Consultant: The City Manager shall be the final decision maker regarding internal disputes between CITY and CONSUL- TANT. Extent of Agreement: This AGREEMENT represents the entire integrated AGREEMENT between the CITY and the CONSULTANT and supersedes all prior negotiations, representations or AGREEMENTS, written or oral. This AGREEMENT does not entitle the CONSULTANT to receive any fee unless first being issued a Service Authorization. This AGREEMENT does not provide that a CONSULTANT is entitled to receive any Service Authorization. This AGREEMENT may not be amended, changed, modified, or otherwise altered in any way, at any time after the execution hereof, except by approval of the CITY Commission. IN WITNESS WHEREOF, the CITY has caused these presents to be executed in its name by its Mayor, and attested and its official Seal to be hereunto affixed by its CITY Clerk, and the CONSULTANT has hereunto set its hand and Seal the day and year first written above. CITY OF DELRAY BEACH, FLORIDA By: MAYOR ATTEST: City Clerk Approved as to Form: CITY Attorney Witness Name Printed CONSULTANT By: Title: (Seal) Witness Name Printed 19 ACKNOWLEDGEMENT IF CORPORATION State of Florida County of Palm Beach BEFORE ME, the foregoing instrument, this day of , 19 , was acknowledged by , on behalf of the Corporation and said person executed the same freely and voluntarily for the purpose therein expressed. WITNESS my hand and seal in the County and State aforesaid this day of , 1990. (SEAL) Notary Public My Commission Expires: ACKNOWLEDGEMENT IF AN INDIVIDUAL State of Florida County of Palm Beach I HEREBY CERTIFY that on this date before me, an officer duly authorized in the state and county named above to take acknowledgments, personally appeared , known to me to be the person in and who executed the foregoing instrument, and acknowledged before me that he/she executed the same. SWORN TO AND SUBSCRIBED before me this day of , 19 Notary Public My Commission Expires: 20 ACKNOWLEDGEMENT IF A PARTNERSHIP State of Florida County of Palm Beach I HEREBY CERTIFY that on this date before me, an officer duly authorized in the state and county named above to take acknowledgments, personally appeared , known to me to be the person in and who executed the foregoing instrument as a partner of , a partnership. He/She acknowledged before that he/she executed the same as the act and deed of said partnership for the uses and purposes therein mentioned. SWORN TO AND SUBSCRIBED before me this day of , 19 Notary Public My Commission Expires: 2! DATE: EXHIBIT A CONSULTING SERVICE AUTHORIZATION (SAMPLE) SERVICE AUTHORIZATION NO. CITY P.O. NO. TITLE: FOR CONSULTING SERVICES CITY EXPENSE CODE This Service Authorization, when executed, shall be incorporated in and shall become an integral part of the Contract. Title: I. PROJECT DESCRIPTION II. SCOPE OF SERVICES III. BUDGET ESTIMATE OF SERVICES (Include an itemization of man-hours, reimbursable expenses, and other related costs) wage rates, IV. COMPLETION DATE 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 services provided in the previous phase or service authorization, the City may terminate the contract without incurring any further liability. The CONSULTANT may not commence work on any service authorization approved by the City to be included as part of the contract without a further notice to proceed. 22 Approved by: CITY OF DELRAY BEACH: Date Mayor CONSULTANT: Date By: (Seal) Witness Witness Attest: Attest: Approved as to Legal Sufficiency and Form BEFORE ME, the foregoing instrument, this day of , 199 , was acknowledged by on behalf of the Corporation and said person executed the same free and voluntarily for the purpose there-in expressed. Witness my hand and seal in the County and State aforesaid this day of , 20 . Notary Public State of Florida My Commission Expires: 23 EXHIBIT B (Sample) Employer Category Hourly Raw Salary Rates Hourly Raw Salary Rate Times 3.00 Multiplier Professionals: Surveyors, Economists, Scientists, Geologists, etc. Engineers, Architects, Planners, Hydrologists, Hydrogeologists, Technicians: Drafters, Graphic Artists, Computer, Surveyors, Cartographics, Construction Inspectors, etc. Office Support 24 EXHIBIT C COST NOT TO EXCEED (SAMPLE) INVOICE City of Delray Beach Project No. Purchase Order No. Task Order No. Date Client Ref. No. Invoice No. Description of services under Task Order # Period ending: LABOR Class Employee Name Rate Hours Amount Subtotal Labor EXPENSES Computer Word Processing Auto Rental Postage/Freight Air Transportation Print/Reprographics Supplies Subtotal Expenses TOTAL AMOUNT DUE THIS INVOICE COST SUMMARY Contract Amount Amount Earned This Period Amount Previously Earned Amount Remaining $ $ 25 EXHIBIT C City of Delray Beach INVOICE (SAMPLE LUMP SUM FORMAT) INVOICE Purchase Order No. Task Order No. Description of Period ending Total Fee % Complete Less Previous Billings Total Earned This Period TOTAL AMOUNT DUE THIS INVOICE Client Ref. No. Invoice No. services under Task Order 26 EXHIBIT C INVOICE (SAMPLE NOT TO EXCEED FORMAT) INVOICE City of Delra~ Beach Project No. Purchase Order No. Task Order No. Date: Client Ref. No. Invoice No. Description of services under Task Order # Period ending: LABOR CLASS EMPLOYEE NAME RATE HOURS AMOUNT Subtotal Labor Expenses Computer Word Processing Auto Rental Postage/Freight Air Transportation Print/Reprographics Supplies Subtotal Expenses TOTAL AMOUNT DUE THIS INVOICE 27 Date: 23 Oct 2001 Request to be placed on: X Consent Agenda When: 06 Nov 2001 AGENDA ITEM NUMBER: AGENDA REQUEST Regular Agenda Workshop Agenda Special Agenda Description of Agenda Item (who, what, where, how much): Request for Commission authorization/approval for Mayor to execute agreements with each of the selected surveying firms for Surveying Consulting Services. All agreements are subject to review and approval by the City Attorney. Department Head Signature:f'~(.~~~~~ .... ! 0 -2f~- o) City Attorney Review/Recommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): (if applicable) Funding Available: Yes / No Initials: Account Number Description Account Balance: Funding Alternatives: City Manager Review: ApprovedHold Until:f°r Agenda: ~/No I~~: Agenda Coordinator Review: Received: N.A. \\Essrv002\departments\EngAdmin\RFQ\agenda survey nov 2001.doc [IT¥ OF DELRI:I¥ BEg[H- CITY ATTORNEY'S OFFICE 200 NW 1st AVENUE · DELRAY BEACH, FLORIDA 33444 TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755 Writer's D~rect Line: 561/243-7091 1993 DATE: October 29, 2001 TO: FROM: City Commission David Harden, City Manager Brian Shun, Assistant City Attorney SUBJECT: Interlocal Agt. with School Board on Maintenance of Ballfields at Atlantic High School The City had previously entered into an interlocal agreement with the School Board regarding the maintenance of the ballfields at Atlantic High School. That agreement has expired. The attached Agreement is basically the same as the prior agreement in that it sets forth the time periods for City use of the ballfields as well as each Party's participation regarding the maintenance of the ballfields. The initial term of the Agreement is for 3 years, with automatic 3 year renewals unless one party notifies the other 90 days prior to the end of a term of its intent not to renew. This Agreement may also be terminated by either party after giving 180 days notice of the intent to terminate. Please place this item on the November 6, 2001 City Commission agenda. Please call if you have any questions. Attachment CC: Barbara Garito, City Clerk Joe Weldon, Director of Parks and Recreation INTERLOCAL AGREEMENT THIS AGREEMENT, entered Into this ~ day of ,20 between the SCHOOL BOARD OF PALM BEACH COUNTY, FLORIDA, a corporate body politic pursuant to the Constitution of the State of Florida, (hereinafter referred to as "SCHOOL BOARD"), and the CITY OF DELRAY BEACH, a Florida municipal corporation (hereinafter referred to as "CITY"). WlTNESSETH WHEREAS, it Is the Intent of the Local Government Comprehensive Planning and Plan Development Regulation Act, F.S. 163.3161 (4), to encourage and ensure cooperation between and among the local governmental entities to provide for the coordination of development activities of units of local government; and WHEREAS, the SCHOOL BOARD is the controlling body of the Public Schools of Palm Beach County, Florida, and does own and operate schools in the City of Delray Beach; and WHEREAS, both the SCHOOL BOARD and the CITY recognize the needs, on occasion, for both parties to utilize the facilities of the other, thereby minimizing the duplication of facilities; and WHEREAS, the CITY, under its powers, is desirous that under its required procedure that the integrity of Its Comprehensive Land Use Plan is maintained and that the residents have reasonable use of certain parts of the school facilities when not In use for educational or program purposes established by the SCHOOL BOARD; and WHEREAS, both parties desire to provide for certain public use of property owned by the SCHOOL BOARD, and known as ATLANTIC COMMUNITY HIGH SCHOOL (hereinafter referred to as "FACILITY") in the CITY OF DELRAY BEACH, Florida. NOW, THEREFORE, for and in consideration of the covenants herein contained, the parties agree as follows: 1. That this Agreement is entered into under the authority of Section 163.01, Florida Statutes. 2. ' ' T-ll'e CITY recognizes Its liability for certain tortious acts of Its--agents, officers, employees and invitees to the extent and limit provided in Chapter 768.28, Florida Statutes, the State of Florida's partial waiver of sovereign immunity, for the period of time the CITY is using the FACILITY, provided however, that this provision shall not be construed as a waiver of any right or defense which the CITY may possess, and it reserves all such rights as against any and all claims that may be brought against it under this Agreement. 3. This Agreement may be modified only by written amendment and approved by the parties' respective governing bodies. 4. This Agreement will be recorded in the Public Records of Palm Beach County, Florida. 5. This Agreement shall be in full force and effect for a period of three (3) years commencing on the day and date first written above. It is understood that this Agreement may be renewed or extended by the mutual consent of the governing bodies for both parties, for additional three (3) year periods commencing at the expiration of the previous three year period, subject to, the same terms and conditions as provided herein. This Agreement shall be automatically renewed thereafter unless either party intending to exercise the option to not renew this Agreement, shall provide the other party with written notice of their intent at least ninety (90) days prior to current expiration of the term of this Agreement. 6. This Agreement may be terminated in its entirety by either party giving to the other party, written notice at least one hundred and eighty (180) days prior to the date of termination. 7. The general public shall be allowed to utilize outdoor recreational areas at the FACILITY on Saturdays, Sundays, all school holidays, after the close of a regular school day, and during the summer when school is not in session, from sunrise until sunset; provided however, such use does not interfere with SCHOOL BOARD use for its public education programs and CITY use for its community activities. Should, at any time, such general public use of the outdoor recreational areas violate SCHOOL BOARD rules, regulations or policies, or Federal, State and local laws, the SCHOOL BOARD may, at its sole discretion, discontinue such general public use by giving 24 hours writt-e~ r~tice to the CITY. If the SCHOOL BOARD discontinues the use by the general public then this Agreement shall then terminate and the CITY shall have no further obligations under the terms of this Agreement. 8. The CITY may utilize the FACILITY, including, but not limited to, recreation areas, media center, cafeteria, concession stands, classrooms, and restroom facilities, on Saturdays, Sundays, all school holidays, after the close of a regular school day, and during the summer when school is not in session, until ten o'clock p.m. 9. The CITY may utilize the ballfields, multi-purpose field and football field for CITY sponsored activities, as follows: Softball: Monday through Friday 6:00 p.m. to 10:00 p.m. March 1 through May 31 July 1 through September 30 November I through January 31 SoccedFootball: Saturday and Sunday 7:00 a.m. to 10:00 P.M. August 1 through November 30 December I through March 31 The CITY shall coordinate this schedule with the school's Principal and Athletic Director so as not to interfere with SCHOOL BOARD use of the ballfields, multi-purpose field and football field for its public education programs. In the event of a dispute the SCHOOL BOARD and/or Associate Superintendent for Planning and Operations shall determine the use and time of use for the FACILITY. 10. The SCHOOL BOARD agrees to provide a qualified Community School Assistant Principal to have responsibility for the community program at the FACILITY. 11. The CITY and/or SCHOOL BOARD may provide additional support in the form of funding, planning support, facilities improvement or other mutually agreeable efforts such as custodial care, staff supervision, maintenance, etc. for community program improvements. All recommended efforts related to additional support as noted herein, for the use of school facilities and CITY recreational facilities, will be reviewed by 3 the Supedn[en~ent and City Manager and shall be subject to final approval by the SCHOOL BOARD and CITY Commission prior to any additional support being provided. 12. Use of the cafeteria by the CITY for the preparation and serving of food shall be permitted only if prepared in commercial conditions approved by the Health Department. 13. Food concessions by the CITY are permitted In outdoor recreation areas provided such concessions are prepared in commercial conditions approved by the Health Department. 14. The sale, use, or possession of alcoholic-beverages or controlled substances on the premises of the FACILITY is strictly prohibited. 15. Any CITY activities requiring special permitting or licensing shall be the sole responsibility of the CITY. 16. The CITY shall be the sole user of the FACILITY, and does not have the authority to permit use of the FACILITY by any other party. 17. If and when use of the FACILITY is approved, it is understood that the CITY will be responsible and provide for the proper supervision of all activities under their control 18. The CITY assumes responsibility for any negligence on its part that may occur while the FACILITY or portions thereof are under its supervision and control, and shall at its own cost and expense, repair any damage done to the FACILITY or portions thereof, including replacement of damaged portions or items, as may be caused by the CITY, its agent, officers, employees, invitees or visitors. Notwithstanding anything to the contrary contained herein, the total liability of the CITY under this Agreement for negligent acts or omissions by the CITY, its agents and employees shall be subject to the limitations and procedures set forth in Florida Statute Section 768.28. 19. Costs Incurred by the SCHOOL BOARD that are not directly associated with the educational programs of the SCHOOL BOARD, and that are directly attributed to the CITY'S use of the FACILITY, shall be the sole responsibility of the CITY and invoiced by the SCHOOL BOARD. Such costs include, but are not limited to, facility administrative staff and janitorial personnel. The CITY may request at the time of application, and receive, an estimate of these costs based upon specific needs. Utilities 4 including,-w'at~r, sewer, electric, air conditioning and trash pick-up shall_be the responsibility of the SCHOOL BOARD. 20. The SCHOOL BOARD shall be responsible for all costs associated with the maintenance of the lighting upgrades, except where such costs are due to the negligence of the CITY, its agents, officers, employees, invitees or visitors. 21. The maintenance, and cost of such maintenance of the ballfields shall be the responsibility of the CITY. The maintenance of the multi-purpose field shall be the responsibility of the CITY, however, the cost of maintaining the multi-purpose field shall be shared equally between the parties. Maintenance shall include, but not be limited to, the mowing and applications of various fertilizers and herbicides. All fertilizers and herbicides must be approved by the SCHOOL BOARD's Landscape Services Supervisor and Environmental Control Officer for compliance with Federal, State and Local Regulations. Notwithstanding the obligations contained herein, the costs Incurred for maintenance not considered routine, that is unforeseen and extraordinary, shall be the responsibility of the SCHOOL BOARD and CITY equally. 22. The irrigation system for the ballfields and multi-purpose field shall be designed by the CITY to operate separate from the irrigation system for the remainder of the FACILITY if economically feasible. The CITY shall maintain control of the irrigation system for the ballfields and multi-purpose field. The SCHOOL BOARD shall be responsible for all costs associated with maintenance and repair, and all monthly utility bills. The SCHOOL BOARD shall have access to the Irrigation. system for emergency purposes. 23. The CITY shall coordinate with the FACILITY's Principal and Landscape Services Supervisor for scheduling of days and times the CITY may have access to the site for the maintenance of the ballfields and multi-purpose field. The SCHOOL BOARD shall not withhold reasonable maintenance schedule requests by the CITY. 24. The SCHOOL BOARD and the CITY shall be jointly responsible for all costs associated with the re-sodding of the fields as may be necessary from time to time due to ordinary wear and tear from normal use. The extent of the re-sodding is to be mutually agreed upon by the CITY and the SCHOOL BOARD. The SCHOOL BOARD shall, at its own cost, re-sod as may be necessary at the end of a school program or 5 season. The'G~.TY shall, at its own cost, re-sod as may be necessary at the end of a CITY program or season. Where programs or seasons overlap the SCHOOL BOARD and the CITY shall mutually agree upon the sharing of costs for re-sodding. 25. The CITY shall re-clay the softball and baseball fields when deemed necessary by parties. The cost of said re-claying shall be the joint responsibility of the CITY and SCHOOL BOARD. 26. All improvements made by the CITY to the softball, baseball and multi-purpose fields at the FACILITY shall become the property of the SCHOOL BOARD upon termination of this Agreement by either party. Upon termination the SCHOOL BOARD shall reimburse the CITY for improvement costs in accordance with the attached schedule. 27. All notices herein required, permitted to be given to or served upon either party shall be in writing. Any such notice shall be deemed sufficiently given or served, if served personally, sent by the United States Mail, or by any nationally recognized overnight carrier to the SCHOOL BOARD or the CITY at the address set forth as follows: As to School Board: With Copies to: SCHOOL BOARD OF PALM BEACH COUNTY, FLORIDA Office of General Counsel 3320 Forest Hill Blvd. West Palm Beach, Florida 33406-5813 Arthur C. Johnson, Ph.D. Superintendent 3320 Forest Hill Blvd. West Palm Beach, Florida 33406-5813 As to City: With Copies to: CiTY Of DELRAY BEACH City Manager 100 N. W. 1st Avenue Delray Beach, Florida 33444 Joe Weldon Parks & Recreation Department 50 N. W. 1st Avenue Delray Beach, Florida 33444 6 28. - 'Ifa-ny term or provision of this Agreement shall, to any extent, be_deemed invalid or unenforceable, the remainder of this Agreement shall be valid and shall be enforced to the fullest extent of the law. 29. This Agreement together with any amendment that may now or in the future be attached and become a part hereof of this Agreement set forth all the covenants, promises, agreements, conditions and understandings between the parties hereto. There are no covenants, promises, agreements, conditions and understandings, either oral or written, between the parties other than those herein set forth. Except as herein provided, no subsequent alteration, amendments, changes, or additions, shall be binding the parties, unless and until reduced to writing and signed by both parties. 30. This Agreement shall be governed by and in accordance with the laws of the State of Florida. Venue for any action arising from this Agreement shall be in Palm Beach County, Florida. IN WITNESS WHEREOF, this Agreement has been executed by the parties herein on the day and year first above written. Signed in the presence of: STATE OF FLORIDA COUNTY OF PALM BEACH SCHOOL BOARD Of PALM BEACH COUNTY, FLORIDA By: , Chairman Attest: , Superintendent (SEAL) I HEREBY CERTIFY that on this date before me, an officer duly authorized in the State and County named above to take acknowledgements, personally appeared , Chairman and Superintendent of the School Board of Palm Beach County, Florida, and they acknowledged before me that they had executed the foregoing instrument as said officers and that they also affixed thereto the official seal of the School Board. SWORN to and subscribed before me this day of ,20 ..... Notary Public My Commission Expires: 7 Signed in the presence of: CITY Of DELRAY BEACH By:. Mayor Attest: STATE OF FLORIDA COUNTY OF PALM BEACH I HEREBY CERTIFY that on this date before me, an officer duly authorized in the State and County named above to take acknowledgements, personally appeared , as Mayor, and as of the City of Delray Beach, Florida, and they acknowledged before me that they had executed the foregoing instrument as said officers and that they also affixed thereto the official seal of the City. SWORN to and subscribed before me this day of ,20 Notary Public My Commission Expires: Approved: Approved: School Board Attorney City Attorney 8 CITY OF DELRrI F BErlI:H CITY ATTORNEY'S OFFICE 200 NW 1st AVENUE · DELRAY BEACH, FLORIDA 33444 TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755 1993 DATE: October 29, 2001 MEMORANDUM Writer's Direct L~ne: 561/243-7091 TO: FROM: City Commission David Harden, City Manager Brian Shutt, Assistant City Attorney SUBJECT: Amendment No. 1 to the Clinical Services Unit Contract On May 2, 2001 the City entered into an Agreement with Dr. Wolff to provide a Clinical Services Unit (CSU) that is located in fire headquarters. The function of the CSU is to provide a place where all City employees may receive routine medical treatment. The CSU also provides a place where fire and police department employees receive their annual physical exams without having to go off site for such services. The original Agreement provided that the CSU physician would be required to join the City's insurance plan. Dr. Wolff has attempted to become a member doctor of the City's current health provider, however, the provider has indicated that at this time it does not need another doctor on its plan in this area, providing the services that Dr. Wolff provides. Therefore, the original agreement would need to be amended to provide that the CSU physician must make a good faith effort to be listed as a physician on the City's health plan, but is not required to actually join. Dr. Wolff may also charge a $20.00 fee per office visit for each employee at the CSU. Dr. Wolff has also requested that he be allowed to increase his price for lab, radiology and stress test fees on an annual basis, not to exceed 5 %, on the basis that these costs are outside of his control and the tests are performed by another entity. Please place this item on the November 6, 2001 City Commission agenda. Please call if you have any questions. Attachment CC: Barbara Garito, City Clerk Mike Wigderson, Asst. Fire Chief AMENDMENT NO. 1 TO THE AGREEMENT BETWEEN THE CITY AND. DR. WOLFF REGARDING CLINICAL SERVICES DATED MAY 2, 2001 THIS AMENDMENT NO. 1 to the Agreement dated May 2, 2001 is made this dayof /?r~/c.~.-~_, and DR. WOLFF. ,2001, by and between the CITY OF DELRAY BEACH ("City") WITNESSETH: WHEREAS, the parties entered into an Agreement dated May 2, 2001, for the establishment of a Clinical Services Unit, and WHEREAS, the parties understand that certain costs involved in the operation of the Clinical Services Unit are beyond the control of Dr. Wolff; and WHEREAS, the parties desire to amend the Agreement to allow for the future increase in certain costs and fees on an annual basis. WHEREAS, the parties desire to amend the Agreement to provide for a set fee that the CSU physician may charge for visits and to provide that the CSU physician is not required to belong to the City's insurance providers group. NOW, THEREFORE, the parties agree as follows: 1. The recitations set forth above are incorporated herein. 2. The Agreement dated May 2, 2001, is hereby amended to allow that on an annual basis, during the term of this Agreement, Dr. Wolff may request an increase in lab, radiology and stress test fees provided for in this Agreement and the City shall not unreasonably deny such request, provided such request does not exceed 5 To of the current cost. 3. - 'i'ti~'-Agreement dated May 2, 2001, is hereby further amended by providing that it is not mandatory that the CSU physician belong to the City insurance providers group, however, the CSU physician must still make a good faith effort in applying to the insurance group. If the CSU physician is not part of the plan, the physician may charge employees a cost of $20.00 per visit. If the employee has the PPO or POS portion of the insurance plan, the physician may also bill the insurance provider for any remainder of the fee under the out- of-network provider portion of the plan, however, the physician may not require any further payment from the employee. 4. This Amendment together with the original Agreement and any written amendments hereto, constitutes the entire Agreement between the parties relating to the subject matter hereof. It is the final expression of agreement between the parties, thus, neither party shall be entitled to rely upon any conflicting oral representations, assurances, claims or disclaimers, made either prior to or simultaneous with the execution of this Amendment. 5. Except as expressly modified in writing herein or as modified by subsequent written amendments, all other terms and conditions of the original Agreement and any amendments thereto survive this Amendment and are deemed to be incorporated herein and are binding on the parties. IN WITNESS WHEREOF, the parties have executed this Amendment to the Agreement on the day and year first hereinabove written. ATTEST: By: City Clerk CITY OF DELRAY BEACH, FLORIDA By: David Schmidt, Mayor Approved as 'to-l~[~l form and sufficiency: By: t~'~City Attorney NESSES~ t(N~e printed pr ~e~? (Nme prated or typed) By: Randall L. Wolff, M.D. STATE OF ~"~,.., ~ The foregoing Anstmment was acknowledged before me this 2nj5 day of L,l~'~).t2.1 , 200J_, by ~f~Lt~rd~l/.. ~OJF~//~J,t~ . (n~fperson acknowledging). // _' /? ._ ~]f } // ~re of Notar3( t~u~ic'- S~te q~Florida rnnt, ~" ~ "'yp~, c~r Stamp Comnuss~ ioned Name of Notary Public Personally Known . ~'0/R Produced Identification Type of Identification Produced: TO: FROM: SUBJECT: DATE: ADMINISTRATIVE SERVICES MEMORANDUM David T. Harden, City Manager obert A. Barcinski, Assistant City Manager Agenda Item City Commission Meeting November 6, 2001 Approval Amendment #1 Lease Agreement for Cason Cottage October 31, 2001 i Action City Commission is requested to approve amendment #1 to the lease agreement with the Delray Beach Historical Society dated February 5, 1999. Background The Delray Beach Historical Society has received a donation of a 1925 historic bungalow style house which they intend to move to the Cason Cottage property and restore. The amendment will add this house to the lease agreement, which delineates maintenance responsibility. The Historic Society will be responsible for moving the house, total restoration and all interior maintenance. The City is responsible for exterior maintenance of walls, windows, roof, air conditioning and heating system, and landscaping maintenance. Recommendation Staff recommends approval of amendment #1 to the lease agreement with the Delray Beach Historical Society to add the 1925 bungalow style historic house. RAB/tas Fii¢:u:sweeney/agenda Doc-Lease Agreement for Cason Cottage RECEIVED October 10, 2001 Mr. David Harden City Manager City of Delray Beach 100 Northwest First Avenue Delray Beach, FL 33~.~?. OCT I I 2091 CITY MANAGER Dear Mr. Harden: As you are aware, the Deiray Beach Historical Society has been searching for an additional historic home to be saved and moved to Cason Cottage Museum property. The Board of Governors of the Delray Beach Historical Society is very appreciative for an extremely generous donation of an historic 1925 bungalow-style cottage by Babs Pickering and Allen Brown of Lavender Shutters Antiques. The bungalow, currently home to Lavender Shutters Antiques (122 Southeast 6t" Avenue), will be re-located to Cason Cottage property. The Board of Governors requested that I contact you regarding the possibility of the newly acquired bungalow becoming part of the joint venture which the City and the Historical Society share with Cason Cottage. Specifically, the Board wanted to pursue the possibility that after the move and necessary restoration were complete, the Historical Society could donate the house to the City and pay a token one-dollar ($1.00) rent per year. The Historical Society would then, as with Cason Cottage, be responsible for the inside maintenance and the City would be responsible for the outside. For your reference, the bungalow will provide additional exhibit space and will be used to house additional educational programs. It will also serve as a docent and visitor center. Please note that the Historical Society's intention is to move and complete the restoration of the bungalow with funds raised by our Antiques Show and Sale, as well as any grant monies which may become available. The possible shared agreement with the City would include on-going outside maintenance only. For your reference, we project at this time that, with various preparations and approvals necessary for moving the house, the move would be complete in early spring. The restoration would begin later in the spring and continue through summer and fall. The Board of Governors of the Delray Beach Historical Society respectively submits this proposal to the City of Delray Beach for your consideration. Both our Board of Governors and our employees thank you for all of the cooperation, assistance and support which we receive from the City of Delray Beach. Yours sincerely, Mary H. Swinford Executive Director 20 North Swinton Avenue Delray Beach, FL 33444 Telephone (561) 243-0223 Facsimile (561) 265-3764 DRAFT AMENDMENT NO. 1 TO THE LEASE AGREEMENT FOR CASON COTTAGE DATED FEBRUARY 5, 1999 THIS AMENDMENT NO. 1 to the Lease Agreement is made this day of ~, 2001 by and between the CITY OF DELRAY BEACH, a Florida municipal corporation ("Lessor') and the DELRAY BEACH HISTORICAL SOCIETY ("Lessee"). WITNESSETH: WHEREAS, the parties have entered into a long term lease; and WHEREAS, the Lessee has received a donation of an historic 1925 bungalow- style cottage (Historic Bungalow) located currently at 122 Southeast 6th Avenue; and WHEREAS, the Historic Bungalow is to be relocated to the Cason Cottage property; and WHEREAS, the Lessee intends to move the Historic Bungalow to the Cason Cottage property and to renovate it at their own cost and expense; and WHEREAS, the Lessor is interested in participating in the preservation of the historic structure as provided herein. NOW, THEREFORE, in consideration of the sum of One Dollar ($1.00) and the mutual covenants and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: 1. Recitations. The recitations set forth above are hereby incorporated as if fully set forth herein. 2. Leased Premises. The renewal Lease Agreement dated February 5, 1999 is hereby amended to include the 1925 Historic Bungalow in the Leased Premises. The Lessee shall relocate the Historic Bungalow to the Cason Cottage site and fully renovate the bungalow at their own expense. Once the Historic Bungalow is relocated to the site, all the terms set forth in the current renewed Lease Agreement that pertains to the Cason Cottage shall also apply to the new Historic Bungalow. The complete restoration of the Historic Bungalow by Lessee is a prerequisite to the Lessor assuming maintenance responsibility under the Lease. 3. The Lessee understands that they must use due diligence in completing the restoration of the Historic Bungalow. 4. All other terms and conditions of the renewal lease not in conflict with this Amendment No. 1 shall continue in full force and affect. IN WITNESS WHEREOF, the Lessor and Lessee have set their hands and seals the day and year first written above. Lessor: ATTEST: CITY OF DELRAY BEACH, FLORIDA By: David W. Schmidt, Mayor Approved as to Form: City Attorney ATTEST: Lessee: DELRAY BEACH HISTORICAL SOCIETY By: Print Name: Title: £1T¥ DF DELRI:I¥ 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 993 DATE: October 24, 2001 MEMORANDUM TO: City Commission Davi. d Harden, City Manager ,~...~..~- ~ FROM: Brian Shutt, Assistant City Attorney SUBJECT: Third Amendment to the License Agreement with Delra¥ Beach Academy Attached is the Third Amendment to the License Agreement for the use of facilities at Pompey Park by the Delray Beach Academy for a charter school. The original agreement was entered into in January of 1999. Mr. Green, the Principal, was only looking for temporary facilities as he planned to either relocate or build a new building for his school. At this time Mr. Green has been unable to find the necessary facilities for his students. This agreement has been amended in the past to extend the time period in which Mr. Green may use the facilities at Pompey Park. Mr. Green is requesting that the agreement be amended again to provide that he may use the facilities at Pompey Park until June 15, 2002. Please place this item on the City Commission agenda for November 6, 2001 for consideration. Please call if you have any questions. Attachment CC: Barbara Garito, City Clerk Joe Weldon, Director of Parks and Recreation THIRD AMENDMENT TO LICENSE AGREEMENT BETWEEN THE CITY AND DELRAY BEACH ACADEMY INC. DATED 1/8/99 FOR USE OF POMPEY PARK THIS THIRD AMENDMENT to License Agreement is made and entered into this __ day of ., 200l (the effective date) by and between the CITY OF DELRAY BEACH, a Florida municipal corporation (City), and DELRAY BEACH ACADEMY, INC., a Florida not-for-profit corporation (DBAI). WITNESS ETH: WHEREAS, the City and DBAI entered into a License Agreement beginning upon January 15, 1999 with amendments that expire on June 15,2001; and WHEREAS, the DBAI requests an extension of the license term; and WHEREAS, the City Commission has determined that such extension serves a public purpose in encouraging the education and development of the City's youth. NOW, THEREFORE, in consideration of the promises and covenants set forth herein, the parties agree as follows: 1. Recitations. That the recitations set forth above are hereby incorporated as if fully set forth herein. 2. Term. The License Agreement as amended shall expire June 15, 2002. 3. Incorporation. All other terms and conditions of the License Agreement entered into by the parties on January 8, 1999 as well as any amendments thereto shall be deemed incorporated herein and binding on the parties hereto. IN WITNESS WHEREOF, the parties hereto have executed this Second Amendment to License Agreement on the date first above written. ATTEST: City Clerk Approved as to Form and Legal Sufficiency: CITY OF DELRAY BEACH, FLORIDA By: David W. Schmidt, Mayor City Attorney WITNESSES' DELRAY BEACH ACADEMY, INC. Print Name: Print Name: Print Name: Title: STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument ,2001 by officer or agent) of was acknowledged before me this day of (name of officer or agent, title 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 Notary Public - State of Florida 2 [lTV JIF DELRrlV BErI£H CiTY ATTORNEY'S OFFICE 200 NW 1st AVENUE · DELRAY BEACH, FLORIDA 33444 TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755 1993 DATE: November 1, 2001 MEMORANDUM Writer's DJrect Line 561/243-7091 TO: City Commission FROM: Susan A. Ruby, City Attorney SUBJECT: Waiver of Condition in Contracts Approved by City Commission Regarding Barwick Road School Site The several contracts approved by the City had a condition that all parcels need to be under contract within 60 days or any party may cancel the contract. We have secured waivers from the contract signers of that provision to enable us to continue securing agreements with others. Waivers of Section X1 (C) in the following contracts must be obtained' Map No. Seller 1 2 3 4 8 9&10 11 17 18 Jettinghoff (Trusts) Pious Society of Missionaries of St. Charles Borromeo, Inc. Watcharinkarn, Ongard and Arunrat Craige, R.H. and Patricia Funck, E. Downey Raimondi, Michael and Josephine Brosseau, Jean J. and Italia Morton, William M. Triad Plant Company (Ellyn Feldman) By copy of this memorandum to David Harden, City Manager, please place the waivers on the consent agenda for the November 6, 2001 meeting for City CC: David T. Harden, City Manager Barbara Garito, City Clerk City of Delray Beach Community Development Division MEMORANDUM TO: THRU: FROM: DATE: SUBJECT: David Harden, City Manager Lula Butler, Community Improvement Director ~9 Kenneth L. Thomas, Community Development Administrator October 31,2001 2001-2002 Community Development Block Grant Subrecipient Funding Agreements: Alpha Time Children's Center , Community Child Care Center, Community Neighborhood Helping, Delray Phoenix, Inc., Fair Housing Center of the Greater Palm Beaches, Inc., MAD DADs of Greater Delray Beach, and Urban League of Palm Beach County ITEM BEFORE THE COMMISSION This is to request approval to execute the agreements for the funding of the above listed subrecipients under the 2001-2002 Community Development Block Grant (CDBG) Program. BACKGROUND In accordance with 24CFR 570.301, a Public Hearing was held before the City Commission on August 7, 2001, to obtain public comments on the proposed budget and for the approval of the Community Development Block Grant Consolidated Action Plan for Fiscal year 2001-2002. The Action Plan contains appropriations for the agencies as listed above and was approved by the Commission. CDBG Program regulations at 24CFR 570.503 require written agreements prior to the disbursement of funds to subrecipient organizations, specifying the work to be performed and reporting, among other necessary requirements and governing prowsions. These agreements have been developed in accordance with the stated regulations and have been reviewed and approved by the City Attorney for legal sufficiency and form. RECOMMENDATION Staff recommends approval and execution of the attached seven (7) agreements in order that funding may proceed in accordance with the Commission approved Action Plan for Fiscal Year 2001-2002. File:u:graham/Wwdata Doc Agenda Request for 2001-2001 Subrec~p:ent Agreements AGREEMENT FOR FUNDING AND ACCEPTANCE OF FUNDS BETWEEN THE CITY OF DELRAY BEACH ALPHA-TIME CHILDREN'S CENTER - 2001-2002 (October 1, 2001 - September 30, 2002) THIS AGREEMENT' FOR FUNDING AND ACCEpTA_NCE OF FUNDS. ("Agreement~') entered into this day of , 2001, between the City of Delray Beach, hereinafter referred to as "City" and Alpha-Time Children's Center, hereinafter referred to as the "Center" and/or "Agency," having its principal office located at 770 Southwest- 12th Terrace, Delray Beach, Florida, is related to the provision, as per the budget approved by the C~ty Commission on September 19, 2001 and effective October t, 2001 through September 30, 2002, of $10,00.0 in Community Development Block Grant Funds to the Center to pay for a portion of the salary of one part-time teacher at 20 hours per week, upon the following terms and conditions: Definitions: a. "C~ty" means the City of Delray Beach, Florida b. "CDBG" means Community Development Block Grant Program of the City of Delray Beach c. "CD" means Community Development Diwsion (City of Delray Beach) d. "The "Agency" means Alpha-Time Children's Center of Delray Bea6h e. "U.S. HUD means the Secretary of the U.S. Department of Housing and Urban Development or a person authorized to act on'U.S. HUD's behalf. f. Low and Moderate-Income Persons" means the definition set by U.S. HUD 2. Purpose / Statement of Work: The purpose of this Agreement is to state the covenants and cbnditions under which the Agency will implement the agreed upon scope of work supported by the allocation of federal CDBG funds. At least 51 percent (51%) of the beneficiaries of a project funded under this Agreement must be low and moderate-income persons (as determined annually by HUD for the area). The Agency shall, in a satisfactory and proper manner as determined by the City, perform the tasks necessary to conduct the program outlined in th~s agreement and submit monthly requests for reimbursement of approved expenses using the cover sheet ~n Attachment "A", prowded hereto and made a part hereof. Reimbursement requests should accompany all required monthly reports. The C~ty agrees to d~sburse twelve (12) monthly payments ~n equal amounts of $833.33 for the partial salary of one (1) part-time teacher at twenty (20) hours per week. Disbursements will be avmlable no later than the first working day of each month, beginning ~n October, 2001 and cont;nmng through September, 2002. Disbursements will be released only upon the receipt of each required "request for reimbursement", including all monthly reports and necessary data (as determined by the City), covering the month for which reimbursement is requested. All services shall be performed m a manner satisfactory to the City. The funding shall not exceed the Commission approved dollar amount of $10,000 for the period of October 1, 2001 through September 30, 2002. Monthly release of funds shall further be ~n accordance with all sectmns of this agreement and subject to the approval of the Director of Community Improvement and the Commumty Development Admimstrator. 3. Time of Performance: The effective date of this agreement and all rights and duties designated hereunder are contingent upon the timely release of funds for this particular project. The effective date shall be the date of execution of th~s Agreement or the date of release of funds by U.S. HUD, whichever is later. The services of the Agency shall commence upon the effective date of this Agreement. Reimbursement of associated and approved expenses incurred as of October 1; 2001 will be processed. All service reqmred hereunder shall be completed by the Agency by September 30, 2002. 4. - Subcontracts: Any work or sergices subcongac, ted hereunder shall be specifically by writteh .cont[_act, or written agreement, and shall be subject to each 9rovision of this Agreement. Proper documentation in accordance-with City, State, and Federal guidehnes and regulations must be submitted by the Agency to the City and approved by the City prior to execution of any subcontract hereunder, in ad&t~on, all subcontracts shall be subject to Federal, State, and City laws and regulations. None of the work or services covered by this agreement, including but not hmited to consultant work or services, shall be subcontracted or reimbursed without the prior written approval of the Community Improvement Director or designee. 5. Records and Reports: The Agency agrees to provide to the City a monthly attendance and enrollment roster that ideniifies the number of enrollees (including race/ethmclty) and levels and family income. The Agency also agrees to provide monthly time sheets to the city reflecting actual t~me worked by the CDBG funded position and a completed Direct Benefit Activity form (monthly). These reports musf' be presented/submitted no later than the first working day of each month covered by this agreement. Reimbursement payments will not be released without the submission of the required monthly (complete and accurate) reports to the Community Development Division, and on the resolution of monitoring or audit findings ~dentified. The City shall have the right under this agreement to suspend or terminate payments until the Agency comphes with any additional conditions that may be imposed by the City or U.S. HUD at any time. The Agency agrees to retain supporting documentation relating to the activities funded hereunder and related service provision (activities) for a period of three (3) years, dating from September 30, 2002. 6. Program -Generated Income: All income earned by the agency from activities financed by CDBG funds must be reported to the C~ty. In addition to reporting such income, the Agency shall report to the City the procedure developed to utilize program income to offset project costs. If program income is used to extend the availabihty of services provided by the Agency through this Agreement, the prior written approval of the Community Improvement Director or the CD Coordinator will be required. Accounting and disbursement of program income shall be consistent with the procedures outlined in OMB Circular A-110 and other applicable regulations incorporated herein by reference. 7. Other Program Requirements (Civil Rights / Resident Opportunities): Thc agency agrees that no person shall on the grounds of race, color, mental or physical disability, national origin, religion, or sex bc excluded from thc benefits of, or bc subjected to discrimination under, any activity carried out by thc performance of this Agreement. Upon receipt of evidence of such discrimination, the C~ty shall have thc right to terminate this Agreement. To thc greatest feasible extent, low-income residents of the project areas shall be given opportumties for training and employment; and to thc greatest feasible extent eligible business concerns located in or owned in substantial part by persons residing m thc project areas shall bc awarded contracts in connection with the project. 8. Evaluation and Mon-ltorbag: The Agency agrees that the City will carry out periodic monitoring and evaluation actiwties (through in-house and site visitation evaluations) as determined necessary by the Community Development Division or the City and that the continuation of this Agreement is~ dependent upon satisfactory evaltiation conclusions based on the terms of this Agreement and comparisons of plarfned versus actual progress relating to-project-sclledulmg; budgets, audit reports, 'and output measures. The Agency agrees to furnish upon request to the CD Divismn, the City, and/or HUD copies of transcriptions t3f such records and information as is determined.necessary by the City. The Agency shall submit (on a monthly basis) and at other times upon the request'of tl~e-City, information and status reports ~:equired by the CD Divisl~)n, ther City, or U.S. _I-IL~ on forms approved by the CD Diwsion to enable the Division to evaluate said progress and to allow for completion of reports required of the City by HUD. The Agency shall allow the CD Division or HUD to monitor the Agency on site (at least annually). Such visits may be scheduled in advance or unscheduled as determined by the CD Division or HUD. 9. Audits and Inspections: At any time during normal business hours and as often as the CD Diwsion, the City, U.S. HUD, or the Comptroller General of the United States may deem necessary, there shall be made available by the agency to the CD D~vision, the City, U.S. HUD, or the Comptroller General for examination all its records with respect to all matters covered by this Agreement. The Agency agrees to comply with the provisions of the Single Audit Act of t984, as amended, as ~t pertains to this Agreement. The City will require the Agency to submit a single audit, including any management letter, made in accordance with the general program requirements of OMB C~rculars A-110, A-122, A-133, and. other applicable regulations within 180 days after the end of any fiscal year covered by this agreement in which Federal Funds from all sources are expended. The audit shall be made by a Certified Pubhc Accountant of the Agency's choosing, subject to the City's approval. In the event the Agency is exempt from having an audit conducted under A-133, the City reserves the right to require submission of audited financial statements and/or to conduct a "hmited scope audit" of the agency as defined by A-133. 10. Increased Availability: The intent and purpose of this Agreement is to increase the availability of the Agency's ~erv~ces to the commumty. This Agreement is not to substitute for or replace existing or planned projects or activities of the Agency. The Agency agrees to maintain a level of activities and expenditures, planned or existing, for projects similar to those being assisted under this Agreement which is not less than that level existing prior to this Agreement. 11. Conflict Of Interest Provision: The Agency agrees to abide by and be governed by OMB Circular A-110 pursuant to conflict of interest. The Agency further covenants that no person who presently exercises any functions or responsibilities in connection with the CDBG Project, has any personal financial interest, d~rect or indirect, in the activities provided under th~s agreement which would conflict in any manner or degree with the performance of this Agreement and that no person having any conflict of interest shall be employed by or subcontracted by the agency. Any possible conflict of interest on the part of the Agency or its employees shall be disclosed in writing to the CD Division provided, however, that this paragraph shall be interpreted in such a manner so as not to unreasonably impede the statutory requirement that maximum opportunity be provided for employment of and participation of lower-income residents of the project target area. '12. Citizen Participation: The Agency shall cooperate with the CD Division in the implementation of the Citizen Participation Plan by es~tabhshing a citizen participation process to keep residents, and/or clients informed of the act~mties the Agency is undertaking in carrying out the provisions of this Agreement. Appropriate' representatives of~the Agency' shall attend meetings and assist m- the implementation of the Citizen Participation Plan, as requested by the City. 13.' Suspension and Termination: i_f throdgh any cause the Agency~shall'fail to fulfill (or mate_dally comply in accordance with 24CFR 85.43) in a timely and proper manner its obligations under this Agreement, or if the Agency shall violate any of the covenants, agreements, or stipulations of this Agreement, the City shall thereupon have the right to terminate this Agreement or suspend payment in whole or part by giving written notice to the Agency of such termination or suspension of payment and specify the effective date of termination or suspenszon. At any time during the term of this Agreement, either party may, at its option and for any reason, terminate this Agreement upon ten (10) working days written notice to the other party. Upon termination, the City shall pay the sub-recipient agency for services rendered pursuant to this Agreement through and including the date of termination. The Agreement may be terminated for convenience in accordance with 24CFR 85.44. In the event the grant to the City under Title I of the Housing and Community Development Act of 1974 (as amended) is suspended or terminated, this Agreement shall be suspended or terminated effective on the date U.S. HUD specifies. 14. Leveraging: The Agency agrees to seek additional supportive or replacement funding from at least two- other fun&ng sources (during the t~me frame covered by this agreement). This will allow, to the greatest extent possible, the leveraging of U.S. HUD funds. Proposals to other agencies will be made in writing and a copy of such provided to the CD Diwsion. 15. Independent Contractor: The Agency agrees that, in all matters relating to this Agreement, it will be acting as. an independent contractor and that its employees are not City of Delray Beach employees and are not subject to the City provisions of the law applicable to City employees relative to employment compensation and employee benefits. 16. Public Entity Crimes: By entering into this contract or performing any work in furtherance hereof, the contractor (sub-recipient agency) certifies that it, its affiliates, suppliers, subcontractors and consultants who will perform hereunder have not been placed on the convicted vendor list maintained by the State of Florida Department of Management Services within the 36 months immediately preceding the date hereof. This notice is required by F.S. 287.133(3)(a). 17. Reversion of Assets: Upon expiration of this Agreement, the sub-recipient shall transfer to the City any CDBG funds on hand at the time of expiration and any accounts receivable attributable to the use of CDBG funds. Additionally, where applicable, any real property under the sub-reciplent's control that was acquired or improved in whole or in part with CDBG funds (including CDBG funds provided to the sub-recipient in the form of a loan) m excess of $25,000 must be used to meet one of the national objectives of the CDBG Program (per 24CFR Part 570) until five years after expiration of the Agreement. 18. Counterparts Of This Agreement: This Agreement contmns .all of the parties binding representations to one 'another. Any amendment or mo&fication hereto must be in writing and is contingent upon approval by the CommuniB, Impr6vement Direcior. ~ ~ ' - WITNESSES: .Agency/Sub-recipient:' Signed By: Authoriz~l Agency Official CITY OF DELRAY BEACH, FLORIDA Signed By: David W. Schmidt, MAYOR ATTEST: CITY CLERK APPROVED AS TO FORM: ~%.CITY ATTORNEY AGREEMENT FOR FUNDING AND ACCEPTANCE OF FUNDS BETWEEN THE CITY OF DELRAY BEACH . COMMUNITY CHILD CARE CENTER 2001-2002 (October 1, 2001 - September 30, 2002) TH/S AGREEMENT FOR FUNDING AND ACCEPTANCE OF FUNDS ("Agreement") entered into t~s'- day of , 200I, between the City of Delray Beach, hereinafter referred t6 as "City" and the Community Child .Care Center, hereinafter referred to as the "Center" and/or "Agency," having its principal office located at 555 Northwest 4th Avenue, Delray Beach, Flonda,.~s relate0 to the.provision, as per the budget approved by the C~ty Commission on September 19, 2001 and effective October 1, 2001 through September 30, 2002,-of $22,000 ~n Community Development Block Grant Funds to the Center for the partial salary_ of one full-time admimstrative position (Assistant Director) at forty_ (40) hours per .week, upon the following terms and conditions: .... Definitions: a. b. "C~ty" means the C~ty of Delray Beach, Florida "CDBG" means Community Development Block Grant Program of the City of Delray Beach "CD" means Community Dei~elopment Division (City of Delray Beach) "The "Agency" means Community Child Care Center of Delray Beach "U.S. HUD means the Secretary of the U.S. Department of Housing and Urban Developr',ent or a person authorized to act on U.S. HUD's behalf. Low and Moderate-Income Persons" means the defimtion set by U.S. HUD 2. Purpose / Statement of Work: The purpose of this Agreement is to state the covenants and conditions under which the Agency will implement the agreed upon scope of work supported by the allocation of federal CDBG funds. At least 51 percent (51%) of the ~en~ficlanes of a proj eot funded under this Agreement must be low and moderate-income persons (as determined annually by HUD for the area). The Agency shall, ~n a satisfactory and proper manner as determined by the C~ty, perform the tasks necessary to conduct the program outhned in th~s agreement and submit monthly requests for reimbursement of approved expenses using the cover sheet in Attachment "A", provided hereto and made a pan hereof. Reimbursement requests should accompany all required monthly reports. The City agrees to disburse twelve (12) monthly payrnents in equal amounts of $1,833.33 for the salary of one (1) full-time administrative posit~on (Assistant Director) at forty (40) hours per week. Disbursements will be avmlable no later than the first working day of each month, beginning in October, 2001 and continuing through September, 2002. Disbursements will be released only upon the receipt of each required "request for reimbursement", including all monthly repons and necessary data (as determined by the C~ty), covering the month for which reimbursement is requested. All services shall be performed in a manner satisfactory to the City. The funding shall not exceed the Commission approved dollar amount of $22,000 for the period of October 1, 2001 through September 30, 2002. Monthly release of funds shall further be in accordance w~th all sectmns of this agreement and subject to the approval of the Director of Community Improvement and the Community Development Admimstrator. 3. Time of Performance: The effective date of this agreement and all rights and duties designated hereunder are contingent upon the timely release of funds for this particular project. The effective date shall be the date of execution of this Agreement or the date of release of funds by U.S. HUD, whichever is later. The services of-the Agency shall commence upon the effeetive date of this Agreement. Reimbursement of associated and approved expenses incurred as of October 1, 2001 will be processed. All service required hereunder shall be completed by the Agency by September 30, 2002. 4. Subcontracts: Any work or services subcontracted hereunder' shall be Specifically by written contr~ct,'or written agreement, and shall be subject to each provision of this Agreement. Proper documentation- in accordance with City, State, and Federal guidelines and regulations must be submitted by the Agency to the City and approved by the City prior to execution of any subcontract hereunder. In addition, all subcontracts shall be subject to Federal, State, and City laws and regulations. None of the work or services covered by this agreement, including but not limited to consultant work or services, shall be subcontracted or reimbursed without the prior written approval of the Community Improvement Director or designee. 5. ' Records and Reports: The Agency agrees to proviSe to the City a monthly attendance and enrollment roster that identifies the number of enrollees and levels and family income. The Agency also agrees to provide monthly time sheets to the city reflecting actual time worked by the CDBG funded position and a completed Direct Benefit Activity form (monthly). These reports must be presented/submitted no later than the first wor~ng day of each month covered by this agreement. Reimbursement payments will not be released without the submission of the required monthly (complete and accurate) reports to the Community Development Division, and on the resolution of monitoring or audit findings identified. The City shall have the right under this agreement to suspend or terminate payments until the Agency comphes with any additional conditions that may be imposed by the City or U.S. HUD at any time. The Agency agrees to retain supporting documentation relating to the activities funded hereunder and related service provision (activities) for a period of three (3) years, dating from September 30, .2002. 6. Program -Generated Income: All income earned by the agency from activities financed by CDBG funds must be reported to the City. In addition to reporting such income, the Agency shall report to the City the procedure developed to utilize program income to offset project costs. If program income is used to extend the availability of services provided by the Agency through this Agreement, the prior written approval of the Community Improvement Director or the CD Coordinator will be required. Accounting and disbursement of program income shall be consistent with the procedures outlined in OMB Circular A-110 and other applicable regulations incorporated herein by reference. 7. Other Program Requirements (Civil Rights / Resident Opportunities): The agency agrees that no person shall on the grounds of race, color, mental or physical disability, national origin, religion, or sex be excluded from the benefits of, or be subjected to discrimination under, any activity earned out by the performance of this Agreement. Upon receipt of evidence of such discrimination, the City shall have the right to terminate this Agreement. To the greatest feasible extent, low-income residents of the project areas shall be given opportunities for training and employment; and to the greatest feasible extent eligible business concerns located in or owned in substantial part by persons residing in the project areas shall be awarded contracts in connection with the project. 8. Evaluation and Monitoring: The Agency agrees that the City will carry out periodic monitoring and evaluation activaties (through in-house and site visitation evaluations) as determined necessary by the Community Development Division or the City and that the continuation of this Agreement is dependent upon satisfactory evaluation conclusions based on the terms of this Agreement and comparisons of planned versus actual progress relating to project scheduling, budgets, audit re,pons,-and,output measures. The Agency agrees to furnish upon request to the CD Division, the City, and/or HUD copies of transcriptions of such records and information as is determined necessary by the City. The .Agency shall ~submit (on a monthly basis)and-.at other .times upon-th~ request.of the C~ty,- information and status reports required by the CD Division, the City, ox U.S. HUD on forms approved by the CD Division to enable the Dixnsion to evaluate said progress and to allow for completion of reports r~quired of the City by HUD. The Agency shall allow the CD Division or HUD to monitor the Agency on site (at least annually). Such visits may be scheduled in advance or unscheduled as determined by the CD Division or HUD. 9. Audits and Inspections: At any time during normal business hours and as often as the CD Division, the City, U.S. HUD, or thc Comptroller General of the United States may deem necessary, there shall be made available by thc agency to thc CD Division, thc City, U.S. HUD, or thc Comptroller General for examination all its records with respect to all matters covered by this Agreement. The Agency agrees to comply with the provisions of the Single Audit Act of 1984, as amended, as it pertains to this Agreement. The City will require the Agency to submit a singl~ audit, including any management letter, made in accordance with the general program requirements of OMB Circulars A-110, A-122, A-133, and other applicable regulations within 180 days after the end of any fiscal year covered by this agreement in which Federal Funds from all sources are expended. The audit shall be made by a Certified Public Accountant of the Agency's choosing, subject to the City's approval. In the event the Agency is exempt from having an audit conducted under A-133, the City reserves the right to require submission of audited financial statements and/or to conduct a "limited scope audit" of the agency as defined by A-133. 10. Increased Availability: The intent and purpose of this Agreement is to .increase the availability of the Agency's services to the community. This Agreement is not to substitute for or replace existing or planned projects or activities of the Agency. The Agency agrees to maintain a level of activities and expenditures, planned or existing, for projects similar to those being assisted under this Agreement which is not less than that level existing prior to this Agreement. 11. Conflict Of Interest Provision: The Agency agrees to abide by and be governed by OMB Circular A-110 pursuant to conflict of interest. The Agency further covenants that no person who presently exercises any functions or responsibilities in connection with the CDBG Project, has any personal financial interest, direct or indirect, in the activities provided under this agreement which would conflict in any manner or degree with the performance of this Agreement and that no person having any conflict of interest shall be employed by or subcontracted by the agency. Any possible conflict of interest on the part of the Agency or its employees shall be disclosed in writing to the CD Division provided, however, that this paragraph shall be interpreted in such a manner so as not to unreasonably impede the statutory requirement that maximum opportunity be provided for employment of and participation of lower-income residents of the project target area. 12. Citizen Participation: Thc Agency shall cooperate with thc CD Division in the implementation of the Citizen Participation Plan by establishing a citizen participation process to keep residents and/or clients informed of thc-actiwtics thc Agency is undertaking in carrying out the provisions of this Agrecracnt. Appropriate representatives of'thc Agency shall attend meetings and assist m thc implementation of thc Citizen Participation Plan, as requested by thc City. 13. Suspension and Termination: - If through any cause the Agency shall fiil to fulfill (6r matefialiy comply in'_aecp~:dance_ with 24CFR 85.43) in a timely and proper manner its obligations under this Agreement, or if the Agency shall violate any of the covenants, agreements, or stipulations of this Agreement, the City shall thereupon have the right to terminate this Agreement or suspend payment in whole or part by giving written notice to the Agency of such termination or suspension of payment and specify the effective date of termination or suspension. At any time during the term of this Agreement, either party may, at its option and for any reason, terminate this Agreement upon ten (10) working days written notice to the other party. Upon termination, the City shall pay the sub-recipient agency for services rendered pursuant-to this Agreement through and including the date of termination. The Agreement may be terminated for convenience in accordance with 24CFR 85.44. In the event the grant to the City under Title I of the Housing and Community Development Act of 1974 (as amended) is suspended or terminated, this Agreement shall be suspended or terminated effective on the date U.S. HUD specifies. 14. Leveraging: The Agency agrees to seek additional supportive or replacement funding from at least twb other funding sources (dunng the time frame covered by this agreement). This will allow, to the greatest extent possible, the leveraglng of U.S. HUD funds. Proposals to other agencies will be made in writing and a copy of such provided to the CD Division. 15. Independent Contractor: The Agency agrees that, in all matters relating to this Agreement, it will be-acting as an independent contractor and that ~ts employees are not City of Delray Beach employees and are not ~ubject to. the City prowsions of the law applicable to City employees relative to employment compensation and employee benefits. 16. Public Entity Crimes: By entering into this contract or performing any work in furtherance hereof, the contractor (sub-recipient agency) certifies that it, its affiliates, suppliers, subcontractors and consultants who will perform hereunder have not been placed on the convicted vendor list maintained by the State of Florida Department of Management Services within the 36 months immediately preceding the date hereof. This notice ~s required by F.S. 287.133(3)(a). 17. Reversion of Assets: Upon expiration of this Agreement, the sub-recipient shall transfer to the City any CDBG funds on hand at thc time of expiration and any accounts receivable attributable to thc usc of CDBG funds. Additionally, where applicable, any real property under the sub-rcclpient's control that was acquired or improved in whole or in part with CDBG funds (including CDBG funds provided to thc sub-rempicnt in thc form of a loan) in excess of $25,000 must be used to meet one of thc national objectives of thc CDBG Program (per 24CFR Part 570) until five years after expiration of the Agreement. 18. Counterparts Of This Agreement: This Agreement contains all of the parties binding representations to one another. Any amendment or mod~fic_at~on hereto must be in writing, and is contingent upon approval by the Community Improvement Director. Agency/Sub-recipient: Signed By: Authorized Agency Official WITNESSES: CITY OF DELRAY BEACH, FLORIDA Signed By: David W. Schmidt, MAYOR ATTEST: CITY CLERK APPROVED Ag TO FORM: /~r~%CI TY ATTOR]VEY AGREEMENT FOR FUNDING AND ACCEPTANCE OF FUNDS BETWEEN THE CITY OF DELRAY BEACH COMMUNITY NEIGHBORHOOD HELPING 2001-2002 (O~tober 1, 2001 - September 30, 2002) .... THIS AGREEMENT FOR FUNDING - AND ' ACCEPTAN -C.E _ OF - FUNDS ("Agreement") entered into th~s day of ,2001, between the City of Delray Beach, hereinafter referred to as "City" and Community Neighborhood He!ping, hereinafter referred to a§ the-"Center" and/or "Agency," having i_ts.prineipal office located at 133 SW 13th Avenue, Delray Beach, Florida, is related to the provision, as per the budget approved by the City Commission on September 19, 2001 and effective October 1, 2001 through September 30, 2002, of $3,650 in Community Development Block Grant Funds to the Center to pay for a portion of th_Re services provided to senior seniors on a daily basis, upon the following terms and conditions: Definitions: a. "City" means the City of Delray Beach, Florida b. "CDBG" means Community Development Block Grant Program of the City of Delray Beach c. "CD" means Community Development Division (City of Delray Beach) d. "The "Ageficy" means Community Neighborhood Helping e. "U.S. HUD means the Secretary of the U.S. Depariment of Housing and Urban Development or a person authorized to act on U.S. HUD's behalf. f. Low and Moderate-Income Persons" means the defimtion set by U.S. HUD 2. Purpose / Statement of Work: The purpose of this Agreement is to state the covenants' and conditions under which the Agency will implement the agreed upon scope of work supported by the allocation of federal CDB,G funds. At least 51 percent (51%) of the beneficiaries ora project funded under this Agreement must be low and moderate-income persons (as determined annually by HUD for the area). The Agency shall, in a satisfactory and proper manner as determined by the City, perform thc tasks necessary to conduct the program outlined in this agreement and submit monthly requests for reimbursement of approved expenses using the cover sheet in Attachment "A", provided hereto and made a part hereof. Reimbursement requests should accompany all required monthly reports. The City agrees to disburse in full $3,650 for Senior Services. Disbursement will only be released upon submittal of invoices and verification that invoices were used in support of senior services (as determined by the City). All services shall be performed in a manner satisfactory to the City. The funding shall not exceed the Commission approved dollar amount of $3,650 for the period of October 1, 2001 through September 30, 2002. 3. Time of Performance: The effective date of this agreement and all rights and duties designated hereunder are contingent upon thc timely release of funds for this particular project. The effective date shall be the date of execution of this Agreement or the date of release of funds by U.S. HUD, whichever is later. The services of the Agency shall commence upon the effective date of this Agreement. Reimbursement of associated and approved expenses incurred as of October 1, 2001 will be processed. All service required hereunder shall be completed by the Agency by September 30, 2002. 4. Subcontracts: Any work or services subcontracted hereunder shall be specifically by written contract, or written agreement, and shall be subject to each provision of this Agreement. Proper documentation' -in accordance with City, State, and .Federal guidelines and regulations must be submitted by the Agency to the City and approved by th~ City prior to execution of any subcontract hereunder. In addition, all subcontracts shall be subject to Federal, State, and City laws and regulations. None of the work-or service~ covered by this agreement, including but not limited to consultant work or services, shall be subcontracted or reimbursed without ltae prior written approval of the Communl/y Improvement Dli-ector or designee. " 5. Records and Reports: The Agency agrees to provide to the City a monthly attendance and enrollment roster that identifies the number of enrollees (including race/ethnicity) and levels and family income. The Agency also agrees to proxade monthly time sheets to the city reflecting actual time worked by th6 CDBG funded position and a completed Direct Benefit Activity form (monthly). These reports must be presented/submitted no later than the first working &y of each month- covered by this agreement. Reimbursement payments w~ll not be released without the submission of the required monthly (complete and accurate) repo,'ts to the Community Development Division, and on the resolution of monitoring or audit findings identified. The City shall have the right under this agreement to suspend or terminate payments until the Agency complies with any additional conditions that may be imposed by the City or U.S. HUD at any time. The Agency agrees to retain supporting documentation relating to the activities funded hereunder and related service provision (activities) for a period of three (3) years, dating from September 30, 2002. 6. Program -Generated Income: All income earned by the agency from activities financed by CDBG funds must be reported to 'the City. In addition to reporting such income, the Agency Shall report to the City the procedure developed to utilize program income to offset project costs. If program income is used to extend the ava/lability of services provided by the Agency through this Agreement, the prior written approval of the Community Improvement Director or the CD Coordinator will be required. Accounting and disbursement of program income shall be conslsten~ with the procedures outlined in OMB Circular A-110 and other applicable regulations ~ncorporated herein by reference. 7. Other Program Requirements (Civil Rights / Resident Opportunities): The agency agrees that no person shall on the grounds of race, color, mental or physical disability, national origin, religion, or sex bc excluded from the benefits of, or be subjected to discrimination under, any activity earned out by thc performance of th~s Agreement. Upon receipt of evidence of such discrirmnatlon, thc City shall have the right to terminate this Agreement. To thc greatest feasible extent, low-income residents of the project areas shall bc given opportunities for training and employment; and to the greatest feasible extent eligible business concerns located in or owned in substantial part by persons residing in the project areas shall be awarded contracts in connection with the project. 8. Evaluation and Monitoring: The Agency agrees that the City will carry out periodic monitoring and evaluation activities (through in-house and site visitation evaluations) as determined necessary by thc Community Development Division or thc City and that the continuation of this Agreement is dependent upon satisfactory evaluation conclusions based on the terms of this Agreement and comparisons of planned versus actual progress relating to project scheduling, budgets, audit reports, and output measures. The Agency agrees to furnish upon request to the CD Division, thc City, and/or HUD copies of transcriptions of such records and information as is determined necessary by thc City. The Agency shall submit (on a monthly basis) and at other times upon the request of the City, tnformatlon and status reports required by the CD Division, the City, or U.S. HUD on forms approved by the CD Division to enable the Division to evaluate said progress and to allow for completion of reports, required of the City by HUD. The Agency shall -allow the CD Division or HUD to monitor the Agency on site (at least annually). Such visits may be scheduled in advance or unscheduled as determined by'the CD Division or HUD. " - - Audits and Ii~spections: At any time during-norrnal-business h0u~s ~td as' often a.s the CD DJ.vision, the CityFU.S.. HUD, or the' Comptrollei- General of th.e Umted States may deem necessary., there shall be made available by the agency to the CD D~vision, the C~ty, U.S. HUD, or the Comptroller General for examination all its records with respect to all matters covered by this Agreement. The Agency agrees to comply with the provisions of the Single Audit Act of .1984, as amended, as it pertains to thi. s Agreement. The City will require the Agency to submit a s~ngle audit, including any management letter, made in accordance with the general program requirements of OMB Circulars A-110, A-122, A-133, and other applicable regulations w~thin 180 days after the end of any fiscal year covered by this agreement in whach Federal Funds from all sources are expended. The audit shall be made by a Certified Public Accountant of the Agency's choosing, subject'to the City's approval. In the event the Agency is exempt from having an audit conducted under A-133, the City reserves the right to require submission of audited financial statements and/or to conduct a "limited scope audit" of the agency as defined by A-133. 10. Increased Availability: The intent and purpose of th~s Agreement is to increase the availability of the Agency's services to the community. This Agreement is not to substitute for or replace existing or planned projects or activities of the Agency. The Agency agrees to mmntain a level of act;vitles and expenditures, planned or existing, for projects similar to those being ass;sted under this Agreement which is not less than that level existing prior to this Agreement. 11. Conflict Of Interest Provision: The Agency agrees to abide by and be governed by OMB Circular A-110 pursuant to conflict of interest. The Agency further covenants that no person who presently exercises any functions or r~sponsibihties in co.nnectlon with the CDBG Project, has any personal financial interest, direct or indirect, in the activities provided under this agreement which would conflict in any manner or degree with the performance of this Agreement and that no person having any confhct of interest shall be employed by or subcontracted by the agency. Any possible confhct of interest on the part of the Agency or its employees shall be dmclosed in writing to the CD Division provided, however, that this paragraph shall be interpreted in such a manner so as not to unreasonably impede the statutory requirement that maximum opportunity be provided for employment of and participation of lower-income residents of the project target area. 12. Citizen Participation: The Agency shall cooperate with the CD D~vision in the implementation of the Citizen Participation Plan by establishing a citizen participation process to keep residents and/or clients informed of the activities the Agency is undertaking in carrying out the provisions of th~s Agreement. Appropriate representatives of the Agency shall attend meetings and assist in the implementation of the Citizen Partimpat~on Plan, as requested by the C~ty. 13. Suspension and Termination: If through any cause the Agency shall fail to fulfill (or materially comply in accordance with 24CFR 85.43) m a timely and proper manner ~ts obhgations under this Agreement, or ff the Agency shall vxolate any of the covenants, agreements, or'stipulations of this Agreement, the City shall thereupon have the fight to terrmnate this Agreement or suspend payment in whole or part by, g~ving wnften notice to the Agency of such termination or suspension of payment and specify the effective date of termination or suspension. At any time during the term of this Agreement, either party ma'y, at its option and for any reason, terminate this Agreement upbn ten (10) working days 'written notice to the Other party. Upon termination, the City shall pay the sub-recipient agency for services rendered pursuant to this Agreement through and including the date of termination. The Agreement may be terminated for convenience in accordance with 24CFR 85.44. In the event the grant to the City under Title I of the Housing a~d Community Developmer~t Act of 1974 (as amended) is suspended or terminated, this Agreement shall be suspended or terminated effective on the date U.S. HUD specifies. 14. Leveraging: The Agency agrees to seek additional supportive or replacement funding from at least two other funding sources (during the time frame covered by this agreement). This will allow, to the greatest extent possible, the leveraging of U.S. HUD funds. Proposals to other agencies will be made in writing and a copy of such provided to the CD Division. 15. Independent Contractor: The Agency agrees that, in all matters relating to this Agreement, it will be acting as an independent contractor and that its employees are not City of Delray Beach employees and are not subject to the City provisions of the law apphcable to City employees relative to employment compensation and employee benefits. 16. Public Entity Crimes: By entering into this contract or performing any work in furtherance hereof, the contractor (sub-remplent agency) certifies that it, its affihates, suppliers, subcontractors and consultants who will perform hereunder have not been placed on the convacted vendor list maintained by the State of Florida Department of Management Services within the 36 months immediately preceding the date hereof. This notice is required by F.S. 287.133(3)(a). 17. Reversion of Assets: Upon expiration of this Agreement, the sub-recipient shall transfer to the City any CDBG funds on hand at the time of expiration and any accounts receivable attributable to the use of CDBG funds. Additionally, where applicable, any real property under the sub~reciplent's control that was acqmred or improved in whole or in part with CDBG funds (including CDBG funds provided to the sub-recipient ~n the form of a loan) in excess of $25,000 must be used to meet one of the national objectives of the CDBG Program (per 24CFR Part 570) until five years after expiration of the Agreement. 18. Counterparts Of This Agreement: This Agreement contains all of the parties binding representations to one another. Any amendment or modification hereto must be in writing and is contingent upon_ approval by the Community Improvement Director. WITNESSES: Agency/Sub-.recipient: Signed By: Authorized Agency Official CITY OF DELRAY BEACH, FLORIDA Signed By: David W. Schmidt, MAYOR 'ATTEST: CITY CLERK APPROVED AS TO FORM: CITY ATTORNEY AGREEMENT FOR FUI~DI~ AND ACCEPTA'NCE OF FUNDS BETWEEN THE CITY OF DELRAY BEACH MAD-DADS OF GREATER DELRAY BEACH 2001-2002 (October 1,2001 - Sdptcmber 30, 2002) THIS AGREEMENT FOR FUNDING AND ACCEPTANCE OF FUNDS ("Agreement") entered into this - day of -- ,200 t, between the City of Delray Beach, 'hereinafter referred to as "City" and MAD DADS of Greater Delra¥ Beach, hereinafter referred to the "MAD DADS;' and/or the "Agency", hav~ng its principal office located at 141 SW 12~h Avenue, is related to the provision, as per the budget approval by the C~ty Commission on September 19, 2001 and effective October I, 2001 through September 30, 2002, of $50,000.00 in Community Development Block Grant Funds to MAD DADS for the partial salaries of two (2) full- time direct service delivery positions .at forty (40) hours per week, to assist m the City's Neighborhood Stabilization efforts, upon the following terms and conditions: _. a.) b.) c.) d.) e.) f.) g.) The awarded CDBG funds are provided in support of the following activitie, s: Coordinating crime prevention activities through neighborhood/resident associations; Establishing_ support groups for parents of children identified by the local school system as economically disadvantaged; Organizing mentors for high-risk youth; Organizing supervised recreation programs with drag prevention components such as midnight basket ball pro~rams, community youth choir, drill teams, etc.; Working with local schools providing dropout prevention programs; Other activities which contribute to the stablhzation/revltalizatlon of the CDBG Target Area- which has its boundaries, 1-95 to the West, Federal Highway to the east, Lake Ida Road to the north and Llnton Blvd to the south. Funding is provided in support of MADDADS' neighborhood stabilization, youth development and family strengthening programming components. Definitions: a. "City" means the City of Delray Beach, Florida b. "CDBG" means Community Development Block Grant Program of the City of Delray Beach c. "CD" means Community Development Division (City of Delray Beach) d. "The Agency" means MAD DADS of Greater Delray Beach e. "U.S. HUD means the Secretary of the U.S. Department of Housing and Urban Development or a person authorized to act on U.S. HUD's behalf. f. Low and Moderate-Income Persons" means the definition set by U.S. HUD 2. Purpose / Statement of Work: The purpose of this Agreement is to state the covenants and conditions under which the Agency will implement the agreed upon scope of work supported by thc allocation of federal CDBG funds. At least 51 percent (51%) of the beneficiaries of a project funded under this Agreement must be low and moderate-income persons (as determined annually by HUD for the area). The Agency shall, in a satisfactory and proper manner as determined by the City, perform the tasks necessary to conduct the program outhned in this agreement and submit monthly requests for reimbursement of approved expenses using the cover sheet in Attachment "A", provided hereto and made a part hereof. Reimbursement requests should accompany all required monthly reports. The City agrees to disburse eleven (11) monthly payments in equal amounts of $4,166.67 and the twelfth (12) monthly payrnent in the amount of $4,166.63 for the partial salaries of two (2) full-time positions at forty (40) hours per week (includes salaries, FICA, and partial payment of health insurance benefits. Disbursements will be available no later than the first working day of each month, beginning in October, 2001 and continuing through September, 2002. Disbursements will be released only upon the receipt of each required "request for reimbursement", including all monthly reports and necessary data (as determined by the City), covering the month for which reimbursement is requested. All services shall be performed in a manner satisfactory to the City. The funding shall not exceed the' Commission approved dollar amount of'$50,000.00 for the period of-October !, 200I through September 30, 2002. Monthly release of funds shall further be in accordance with ali sections of this agreement and subject to the approval of the Director of Community Improvement anti the Community Development Coordinator. ' 3. Time of Performance: The ~ffective date of thxs agreement and all fights and duties designated hereunder are contingent upon the timely release of funds for this particular project. The effective date shall be the date of execution of this Agreement or the date of release of funds by U.S. HUD, whichever later. The services of the Agency shall commence upon the effective date of th~s Agreement. Reimbursement-of associated and approved expenses incurred as of October 1, 2001 will be processed. All service required hereunder shall be completed by the Agency by September 30, 2002. 4. Subcontracts: Any work or services subcontracted hereunder- shall be specifically by.written contract, or written agreement, and shall be subject to each provasion of this Agreement. Proper documentation in accordance with City, State, and Federal guidelines and regulations must be submitted by the Agency to the City and approved by the City prior to execution of any subcontract hereunder. In addition, all subcontracts shall be subject to Federal, State, and City laws and regulations. None of the work or services covered by this agreement, including but not limited to consultant work or services, shall be subcontracted or relmbtrrsed without the prior written approval of the Community Improvement Director or designee. 5. Records and Reports: The Agency agrees to provide the City monthly time sheets to the city reflecting actual time worked (in accomphshing goals) by the CDBG funded positions and a 'completed Direct Benefit Activity form (monthly). These reports must be presented/submitted no later than the first worlang day of each month covered by this agreement. Reimbursement payments will not be released without the submission of the required monthly (complete and accurate) reports to the Community Development Division, and on the resolution of monitoring or audit findings identified. An actiwty report identifying progress made, problems encountered and proposed solutions to the same should also be submitted. Time sheets shall reflect actual hours worked by the two (2) persons employed under this agreement. The City shall have the right under this agreement to suspend or terminate payments until the Agency complies with any additional conditions that may be imposed by the City or U.S. HUD at any time. The Agency agrees to retain supporting documentation relating to the activities funded hereunder and related service provision (activities) for a period of three (3) years, dating from September 30, 2002. 6. Program -Generated Income: All income earned by the agency from activities financed by CDBG funds must be reported to the City. In addition to reporting such income, the Agency shall report to the City the procedure developed to utilize program income to offset project costs. If program income is used to extend the availability of servmes provided by the Agency through this Agreement, the prior written approval of the Community Improvement Director or the CD Coordinator will be required. Accounting and disbursement of program income shall be consistent with the procedures outlined in OMB Circular A-110 and other applicable regulations incorporated herein by reference. 7. Other program Requirements (Civil Rights / Resident_Opportunities): The agency agrees that no person shall on the grounds of race, color, mental 'or physical d~sabitity, natlona! origin, rehgion,-or sex-be excluded from the-benefits of, or be sabjected to- discrirmnation under, any activity carried out by the performance of this Agreement. Upon receipt of evidence of such discrimination, the City shall have the right to terminate this Agreement. -- - To the great.est feasible-extent, low-income residents of the 9rojeet areas shall be g~ven- opportunities for training and employment; and to-the greatest feasible extent eligible._ business concerns located' in or owned in substantial part by persons residing in tfi~ project areas ~hall be awarded contracts in connect~on.wlth the project.. 8. Evaluation and Monitoring: The Agency agrees that the City will carry out periodic monitoring and evaluation activities (through in-house and site visitation evaluations)-as determined necessary by the Comw_mity Development Division or the City and that the continuation of this Agreement is dependent upon satisfactory evaluation conclusions based on the terms of this Agreement and comparisons of planned versus actual progress relating to project scheduling,' budgets, audit reports, and output measures. The Agency agrees to furnish upon request to the CD Division, the City, and/or HUD copies of transcriptions of such records and information as is determined necessary by the City. The Agency shall submit (on a monthly basis) and at other times upon the request of the City, information and status reports required by the CD Division, the City, or U.S. HUD on forms approved by the CD Division to enable the Division to evaluate said progress and to allow for completion of reports required of the City by HUD. The Agency shall allow the CD DlWsion or HUD to monitor the Agency on site (at least annually). Such visas may be scheduled in advance or unscheduled as determined by the CD Division or HUD. 9. Audits and Inspections: At any time during normal business hours and as often as the CD Division, the City, U.S. HUD, or the Comptroller General of the United States may deem necessary, there shall be made available by the agency to the CD Division, the City, U.S. HUD, or the Comptroller General for examination all its records with respect to all matters covered by this Agreement. The Agency agrees to comply with the provisions of the Single Audit Act of 1984, as amended, as it pertains to this Agreement. The City will require the Agency to submit a single audit, including any management letter, made in accordance with the general program requirements of OMB Circulars A- I I 0, A- 122, A- 133, and other applicable regulations within 180 days after the end of any fiscal year covered by this agreement in which Federal Funds from all sources are expended. The audit shall be made by a Certified Public Accountant of the Agency's choosing, subject to the City's approval. In the event the Agency is exempt from having an audit conducted under A-133, the City reserves the right to require submission of audited financial statements and/or to conduct a "limited scope audit" of the agency as defined by A-133. 10. Increased Availability: The intent and purpose of this Agreement is to increase the availability of the Agency's services to the community. This Agreement is not to substitute for or replace existing or planned projects or activities of the Agency. The Agency agrees to maintain a level of actiwties and expenditures, planned or existing, for projects similar to those being assisted under this Agreement which is not less than that level existing prior to this Agreement. 11. Conflict Of Interest Provision: The Agency agrees to abide by and be governed by OMB Circular A-Il0 pursuant to conflict of ~nterest. The Agency further covenants that no person who presently exercises any functions or responsibilities in connection with the CDBG Project, has any personal financial interest, direct or indirect, xn the activities provided under this agreement which would conflict ,in any manner or degree with the performance of this Agreement and that no person having any conflict of interest shall be employed by or subcontracted by the agency. Any possible conflict of interest on the part of the Agency or its employees shall be disclosed in writing to the CD Division provided, however, that this paragraph shall be interpreted in such a manner so as not to unreasonably impede the statutory reqmrement-that maximum opportunity be provided-for employment of and participation of lower-income residents of the project target area. 12; Citizen Partieipati0n: ........ . The 'Agency shall cooperate with the CD Division in t~ae imp!emeniation of the Citizen' Participation Plan by establishing a cih~en participation process to keep residents and/or clients informed of the activities the Agency is undertaking in carrying out the provisions-of th~s. Agreement. Appropriate representatives of the Agency shall attend meetings and assist m the implementation of the Citizen Participation Plan, as requested by the City. 13. Suspension and Termination: If through any cause the Agency shall fail to fulfill (or materially comply in accordance with 24CFR 85.43) in a timely and proper manner its obligations under this Agreement, or if the Agency shall violate any of the covenants, agreements, or stipulations of this Agreement, the City shall thereulSon have the right to terminate this Agreement or suspend payment in whole or part by giving written notice to the Agency of such termination or suspension of payment and specify the effective date of termination or suspension. At any time during the term of this Agreement, either party may, at its option and for any reason, terminate this Agreement upon ten (10) working days written notice to the other party. Upon termination, the City shall pay the sub-recipient agency for se.rvtces rendered pursuant to this Agreement through and including the date of termination. The Agreement may be terminated for convenience in accordance with 24CFR 85.44. In the event the grant to the City under Title I of the Housing and Community Development Act of 1974 (as amended) is suspended or terminated, th~s Agreement shall be suspended or terminated effective on the date U.S. HUD specifies. 14. Leveraging: The Agency agrees to seek additional supportive or replacement funding from at least two other funding s~ources (dunng the time frame covered by this agreement). This will allow, to the greatest extent possible, the leveraging of U.S. HUD funds. Proposals to other agencies will be made in writing and a copy of such provided to the CD Division. 15. Independent Contractor: The Agency agrees that, in all matters relating to this Agreement, it will be acting as an independent contractor and that its employees are not City of Delray Beach employees and are not subject to the City provisions of the law applicable to City employees relative to employment compensation and employee benefits. 16. Public Entity Crimes: By entenng into this contract or performing any work in furtherance hereof, the contractor (sub-recipient agency) certifies that it, its affiliates, suppliers, subcontractors and consultants who will perform hereunder have not been placed on the convicted vendor list maintained by the State of Florida Department of Management Services within the 36 months immediately preceding the date hereof. This notice is required by F.S. 287.133(3)(a). 17. Reversion of Assets: Upon expiration of this Agreement, the sub.-reclplent shall transfer to the City any CDBG funds on hand at the time of expiration and any accounts receivable attributable to the use of CDBG funds.-Additionally, wt-iere apphcable', any real property under the' siab-rempient's control that was acquired or improved in whole or in part with CDBG funds (including CDBG funds provided to the sub-recipient in the form of a loan) in excess of $25,000 must be used to meet one of the national .objectives of lhe CDBG Progniin (per 24CFR Part 570) until five.'ye~s after ~x'piration- of the' Agreement. _ 18. Counterparts Of This Agreement: This Agreement contains all of the parties binding representations to one another. Any amendment or modification hereto must be in writing and is contingent upon approval by the Community Improvement Director. WITNESSES: Agency/Sub-recipient: Signed~By: Authorized Agency Official CITY OF DELRAY BEACH, FLORIDA Signed By: David W. Schmidt, MAYOR ATTEST: CITY CLERK APPROVED AS TO FORM: ~N.~CITY ATTORNEY AGREEMENT FOR FUNDING AND ACCEPTANCE OF FUNDS BETWEEN THE CITY OF DELRAY BEACH THE URBAN LEAGUE OF PALM BEACH COUNTY 2001-2002 (October 1, 2001 - September 30, 2002) THIS AGREEMENT FOR FUNDING AND ACCEPTANCE OF FUNDS ("Agreement") entered into this - d~y of ., 2001, between the City' of Delray Beach, hereinafter referred to as "City" and the Urban League of Palm Beach Co_unty, hereinafter referred to the "Urban League" and/or "Agency", having its principal ~ffi-ce located at 1700 North Australian Avenue, West Palm Beach, Florida and its satellite office at Carver Service Center, 301 Southwest 14th. Avenue, Delray Beach, Florida, is related to the provision, as per the budget approval by the City Commission on September 19, 2001 and effective October 1, 2001 through September 30, 2002, of $12.,000 in Community Development Block Grant funds to th_~e Urban Leagu~ to be used to offset costs associated with one part-time service delivery position within the Housing Counseling and Emergency Interv~ention programs of the Urban League, upon the following terms and conditions: ~ Definitions: a. "City" means the City of Delray Beach, Florida b. "CDBG" means Community Development Block Grant Program of the City of Delray Beach c. "CD" means Community Development Division (City of Delray Beach) d. "The Agency" means the Urban League of Palm Beach County e. "U.S. HUD means the Secretary of the U.S. Department of Housing and Urban Development or a person authorized to act on U.S. HUD's behalf. f. Low and Moderate-Income Persons" means the definition set by U.S. HUD 2. Purpose / Statement of Work: The purpose of this Agreement is to state the covenants and conditions under which the Agency will implement the agreed upon scope of work.supported by the allocation of federal CDBG funds. At least 51 percent (51%) of the beneficiaries of a project funded under this Agreement must be low an.d moderate-income persons (as determined annually by HUD for the area). The Agency shall, in a satisfactory and proper manner as determined by the City, perform the tasks necessary to conduct the program outlined in this agreement and submit monthly requests for reimbursement of approved expenses using the cover sheet in Attachment "A", provided hereto and made a part hereof. Reimbursement requests should accompany all required monthly reports. The City agrees to disburse twelve (12) monthly payments in equal amounts of $1,000, to be used to offset costs associated with one part-time service delivery position within the Housing Counseling and Emergency Intervention programs of the Urban League, beginning in October, 2001 and continuing through September, 2002. Disbursements will be released only upon the receipt of each required "request for reimbursement", including all monthly reports and necessary data (as determined by the City), covering the month for which reimbursement is requested. All services shall be performed in a manner satisfactory to the City. The funding shall not exceed the Commission approved dollar amount of $12,000 for the period of October 1, 2001 through September 30, 2002. Monthly release of funds shall further be in accordance with all sections of this agreement and subject to the approval of the Director of Community Improvement and the Community Development Coordinator. The awarded CDBG funds are in support of the following activities: a.) Emergency Intervention including food, energy and shelter assistance referral; and b.) Housing discrimination counseling and referral. 3. Time of Performance: The effective date of this agreement and all rights and duties designated hereunder are contingent upon the timely release of funds for this particular project. The effective date shall be the date of execution of this Agreement or the date of release of funds by U.S. HUD, whichever is later. ' The services of lthe Agency shall commence upon the effective date of this .Agreement: Reimbursement of associated and approved expenses incurred as of October 1, 2001 will be- processed. All service required hereunder shall be completed by the Agency by September 30, 2002. 4. Subcoritracts: Any work or services subcontracted hereunder shall be sp~mficalty by written contract, or written agreement, and shall be subject to each provision of this Agreement. Properdocumentation in accordance with City, State, and Federal guidelines and regulations must be submitted by the Agency to the City and approved by the City prior to execution of any subcontract hereunder. In addition, all subcontracts shall be subject to Federal, State, and City laws and regulations. None of the work or sermces covered by this agreement, including but not limited to consultant work or services, shall be subcontracted or reimbursed without the prior written approval of the Community Improvement Director or designee. 5. Records and Reports: The Agency agrees to provide the City monthly time sheets to the city reflecting actual time worked (in accomplishing goals) by the CDBG funded position (Delray Beach Satellite Office Coordinator) and a completed Direct Benefit Activity form (monthly). These reports must be presented/submitted no later thafi the first workang day of each month covered by this agreement. Reimbursement payments will not be released without the submission of the required monthly (complete and accurate) reports to the Community Development Division, and on the resolution of monitoring or audit findings identified. An activity report identifying progress made, problems encountered and proposed solutions to the same should also be submitted. The City shall have the right under this agreement to suspend or terminate payments until the Agency complies with any additional conditions that may be imposed by the City or U.S. HUD at any time. The Agency agrees to'retain supporting documentation relating to the activities funded hereunder and related service provision (activities) for a period of three (3) years, dating from September 30, 2002. 6. Program -Generated Income: All income earned by the agency from activities financed by CDBG funds must be reported to the City. In addition to reporting such income, the Agency shall report to the City the procedure developed to utilize program income to offset project costs. If program ~ncome is used to extend the availability of services prowded by the Agency through this Agreement, the prior written approval of the Community Improvement Director or the CD Coordinator will be required. Accounting and d~sbursement of program income shall be consistent with the procedures outlined in OMB Circular A-110 and other applicable regulations incorporated herein by reference. 7. Other Program Requirements (Civil Rights / Resident Opportunities): The agency agrees that no person shall on the grounds of race, color, mental or physical disability, national origin, religion, or sex be excluded from the benefits of, or be subjected to discrimination under, any activity carried out by the performance of this Agreement. Upon receipt of evidence of such discrimination, the City shall have the right to terminate th~s Agreement. To the greatest feasible extent, low-income residents of the project areas shall be given opportumt~es for training and employment; and to the greatest feasible extent eligible business concerns located in or owned in substantial part by persons residing in the project areas shall be awarded contracts in connectmn with the project. 8. Evaluation and Monitoring: The Agency agrees that the City will carry out periodic monitonng and evaluation activities (through m-house and site visitation evaluations) as determined necessary by the Community Development Diva~on or the City and that the continuation of th~s Agreement is dependent upon satisfactory evaluation conclusions bas6d on the terms of this Agreement and comparisons of' planned versus actual progress relating to project scheduling, budgets, audit ~'eports, and output measures. The Agency agrees to furnish upon request to the CD Diwsion, the City, and/or HUD copies of transcriptions of such records and information as is determined necessary by the City. The Agency shall submit (on-a .monthly basis) and at other times upon the request of the City; reformation and status' rgports required by the CD Division, the City, or U.S. HUD on forms approved by the CD Division to enable the D~vision to evaluate said progress and to 'allow for completion o'f reports required of the City by HUD. T. he~ Agency shall allow the CD Division or HUD to monitor the Agency on site (at least annually). Such visits may be scheduled in advance or unscheduled as determined by the CD Division or HUD. 9. Audits and Inspections: At any time during normal business hours and as often as the CD Division, the City, U.S. HUD, or' the Comptroller General of the United States may deem necessary, there shall be made available by the agency to the CD Division, the City, U.S. HUD, or the Comptroller General for examination all its records with respect to all matters covered by this Agreement: The Agency agrees to comply with the'provisions of the Single Audit Act of 1984, as amended, as it pertmns to this Agreement. The City will require the Agency to submit a single audit, including any management letter, made in accordance with the general program requirements of OMB Circulars A-110, A-122, A-133, and other applicable regulations within 180 days after the end of any fiscal year covered by this agreement in which Federal Funds from all sources are expended. The audit shall be made by a Certified Public Accountant of the Agency's choosing, subject to the City's approval. In the event the Agency is exempt from hawng an audit conducted under A-133, the C~ty reserves the right to reqmre submission of audited financial statements and/or to conduct a "limited scope audit" of the agency as defined by A-133. 10. Increased Availability: The ~ntent and purpose of this Agreement is to increase the availability of the Agency's services to the community. Th~s Agreement is not to substitute for or replace existing or planned projects or activities of the Agency. The Agency agrees to maintain a level of activities and expenditures, planned or existing, for projects similar to those being assisted under this Agreement which is not less than that level existing prior to this Agreement. 11. Conflict Of Interest Provision: The Agency agrees to ab~de by and be governed by OMB Circular A-Il0 pursuant to conflict of interest. The Agency further covenants that no person who presently exercises any functions or responsib~hties in connection with the CDBG ProJect, has any personal financial interest, direct or indirect, in the activities provided under this agreement which would conflict in any manner or degree with the performance of this Agreement and that no person having any conflict of Interest shall be employed by or subcontracted by the agency. Any possible conflict of interest on the part of the Agency or 1ts employees shall be disclosed in writing to the CD Division provided, however, that this paragraph shall be interpreted in such a manner so as not to unreasonably impede the statutory requirement that maximum opportunity be provided for employment of and participation of lower-income residents of the project target area. 12. Citizen Participation: The Agency shall cooperate with the CD Division in the implementation of the Citizen Participation Plan by establishing a mtizen participation process to keep residents and/or clients informed of the activities the Agency ~s undertaking ~n carrying out the provisions of this Agreement. Appropriate representatives of the Agency shall attend meetings and assist in the implementation of the C~tizen Partmipat~on Plan, as requested by the-City.- -~ - 13. Suspension and Termination: If through any cause the Agency shall fail to fulfill (or materially comply-in accordance with 24CFR 85.43) in a timely and proper'manner its obhgations under this Agreement, or if'the AgenCY shall violate any of the covenants, agreements, or stipulations of this A~eement, thc 'City shall thereupon have the right to terrrdnate this Agreem. cnt or suspend payment in whole or part by giving written notice to the Agency of such termination or-suspension of payment and specify the effective date of termination or suspension. At any time during thc term of this Agreement, either party may, at its ophon and for any reason, ~exminate this Agreement upon ten (10)-working days written notice to thc other party. Upon termination, the City shall pay the sub-recipient agency for services rendered pursuant to this Agreement through and including the date of termination. Thc Agreement may be terminated for convenience in accordance with 24CFR 85.44. In thc event thc grant to thc City under Title I of thc Housing and Community Development Act of 1974 (as amended) is suspended or terminated, this Agreement shall be suspended or terminated effective on thc date U.S. HUD spcmfics. 14. Leveraging: The Agency agrees to seek additional supportive-or replacement funding from at least two other funding sources (during the t~me frame covered by this agreement). This will allow, to the greatest extent possible, the,leverag~ng of U.S. HUD funds. Proposals to other agencies will be made ~n writing and a copy of such provided to the CD D~wsion. 15. Independent Contractor: The Agency agrees that, in all matters relating to this Agreement; it will be acting as an independent contractor and that its employees are not City of Delray Beach employees and are not subject to the City prows~ons of the law applicable to C~ty employees relative to employment compensation and employee benefits. 16. Public Entity Crimes: By entering into this contract or performing any work in furtherance hereof, the contractor (sub-recipient agency) certifies that it, its affihates, suppliers, subcontractors and consultants who w~ll perform hereunder have not been placed on the convicted vendor list maintained by the State of Florida Department of Management Services within the 36 months ~mmed~ately preceding the date hereof. This notme ~s required by F.S. 287.133(3)(a). 17. Reversion of Assets: Upon expiration of this Agreement, the sub-recipient shall transfer to the City any CDBG funds on hand at the time of expiration and any accounts receivable attributable to the use of CDBG funds. Additionally, where apphcable, any real property under the sub-recipient's control that was acquired or improved in whole or in part w~th CDBG funds (including CDBG funds provided to the sub-recipmnt in the form of a loan) in excess of $25,000 must be used to meet one of the national objectives of the CDBG Program (per 24CFR Part 570) until five years after expiration of the Agreement. 18. Counterparts Of This Agreement: This Agreement contains all of the parties binding representations to one another. Any amendment or modification hereto must be in writing and is contingent upon approval by the Community Improvement Director. Agency/Sub-recipient: Urban League of PBC, Inc. 'Signed By: ~ " "Authorized Agency Official WITNESSES: CITY OF DELRAY BEACH, FLORIDA Signed By: David W. Schmidt, MAYOR ATTEST: CITY CLERK APPROVED AS TO FORM: CITY ATTORNEY AGREEMENT FOR FUNDING ANI) ACCEPTANCE OF FUNDS BETWEEN THE CITY OF DELRAY BEACH FAIR HOUSING CENTER OF THE GREATER PALM BEACHES, INC. 2001-2002 (October 1,200f- September 30, 2002) THIS AGREEMENT FOR FUNDING AND ACCEPTANCE OF FUNDS ("Agreement") entered into this- - ~,,, ~ ,,day-of. 4., 200t between the City <)f 'Delray Beach} hereinafter referred to as C~ty and Fair Housing Center of the 'Greater Palm Beaches, Inc., hereinafter referred to 'is the "Agency", having it's corporate Office located at 1300 West Lantana Road, Suite t 00, Lantana, Florida 33462, related to the provision, as per the budget approved by the C~ty Commission on September 19, 2001 and effective October 1, 2001 through September 30, 2002, of $2,000 in Community Development Block Grant funds to be used t9 prowd¢ a m~nimum of four (4) Housing Industry_ Provider / Community Education Sessions for residents of Delray Beach, including school-age children and Community organizations, upon the following terms and conditions: a.) b.) c.) d.) e.) f.) All four (4) seminars and sessions will be accomplished during the effective date of the contract period (October 1, 2001 through September 30, 2002). Each seminar or session will be conducted following notification of the CD Division regarding date, location and the submittal of supporting documentation (i.e. flyers, marketing tools, advertising efforts, etc.). Each seminar/session must be adequately advertised and marketed to residents of Delray Beach, in an effort to ensure maximum participation and effectiveness (copies to be submitted to CD Division prior to seminar/session). Reimbursement of expenses will be provided upon completion of each sem~nar/sessmn, at the predetermined amount of $500.00 per sermnar/sesslon, w~th the total maximum reimbursement not exceeding $2,000 (for the four seminars/sessions). All seminars/sessions w~ll be open to participants, free of charge. The Fair Housing Center of the Greater Palm Beaches, Inc. shall provide: 1.) Commumty Education Sessions for civic orgamzat~ons, community based agencies, social service providers and/or schools within the municipal boundaries of the City of Delray Beach. These sessions shall be designed to educate the public and protected classes to identify incidents of discrimination ~n housing and to gmn an understanding of the means to find remedies, to seek redress and relief. Sessmns are to be conducted mtywide on an ongoing basis dunng the program year. A m~nimum of two (2) sessmns shall be conducted during the permd beginning October 1, 2001 and ending September 30, 2002. One (1) of the sessions w~ll focus on the education of children about housing discrimlnat~on. 2.) Housing Industry Provider Education Seminars for developers, real estate brokers property managers, finanmal institutions, and the media/advertising industry. The seminars shall provide ~nformat~on on fair housing laws, Commumty Re~nvestment Act regulations and affirmative marketing requirements. A mimmum of two (2) seminars shall be conducted during the period beginning October 1, 2001 and ending September 30, 2002. WHEREAS, federal regulations at 24CFR 570.601 provide that CDBG funds are granted to the City of Delray Beach under a condition that the City certffied that it will "affirmatively further fmr housing," and; WHEREAS, with its submission of the Fiscal Year 2001-2002 Consolidated Action Plan, the C~ty of Delray Beach so certified that it would "affirmatively further fair housing," and; WHEREAS, the Fair Housing Center of the_ Greater Palm Beaches, Inc. proposed to provide Fair Housing Education and Outreach to the citizens of Detray Beach, and: NOW, TitEREFORE, the parties hereby further agree as follow~: Definitions: a. b.' Co "City" means the City of Dekay Beach, Florida "CDBG" means Community Development Block Grant~ Program of the-City- of Delray Beach "CD" means Community Development Division (City of Delray Be~chi The "Agency" means the Fair Housing Center of the Greater Palm Beaches, Inc. "U.S. HUD means the Secretary of the U.S. Department of Housing and Urban Development or a person authorized to act on U.S. HUD's behalf. Low and Moderate-Income Persons" means the definition set by U.S. HUD 2. Purpose / Statement of Work: The purpose of this Agreement is to state the covenants and conditions under whmh the Agency will implement the agreed upon scope of work supported by the allocation of federal CDBG funds. The Agency shall, in a satisfactory and proper manner as determined by the City, perform the tasks necessary to conduct the program outlined in this agreement and submit requests for reimbursement of approved expenses using the cover sheet in Attachment "A", provided hereto and made a part hereof. Reimbursement requests should accompany all required reports. The City shall reimburse the Fair Housing Center of the Greater Palm Beaches, Inc. in an amount not to exceed $2,000.00 for expenses related to conducting two (2) Community Education Sessions and two (2) Housing Industry Provider Education Seminars. The amount to be paid to the Fmr Housing Center of the Greater Palm Beaches, Inc. shall not exceed $500 per session/workshop. Disbursements will be released only upon the receipt of each r~quired "request for reimbursement", including all required reports and necessary data (-as determined by the C~ty), covering the session/workshop for which reimbursement is requested. Payments will be made available w~thln ihirty (30). days of receipt of each invoice, following-approval. 3. Time of Performance: The effective date of th~s agreement and all rights and duties designated hereunder are contingent upon the timely release of funds for this particular project. The effective date shall be the date of execution of this Agreement or the date of release of funds by U.S. HUD, whichever ~s later. The services of the Agency shall commence upon the effective date of this Agreement. Reimbursement of associated and approved expenses incurred as of October 1, 2001 will be processed. All service required hereunder shall be completed by the Agency by September 30, 2002. 4. Subcontracts: Any work or sermces subcontracted hereunder shall be specifically by written contract, or written agreement, and shall be subject to each provision of this Agreement. Proper documentation in accordance with City, State, and Federal guidelines and regulations must be submitted by the Agency to the City and approved by the City prior to execution of any subcontract hereunder. In addition, all subcontracts shall be subject to Federal, State, and C~ty laws and regulations. None of the work or services covered by this agreement, including but not limited to consultant work or services, shall be subcontracted or reimbursed w~thout the prior written approval of the Commumty Improvement D~rector or designee. 5. Records and Reports: Prior to receipt of CDBG funds (through reimbursement), Fair Housing .Center of the Greater Palm Beaches, Inc. shall submit for each seminar/session conducted, the following documentation: ....... . - ~ a.) bO d.) An agenda displaying the date, time, and location of the session/seminar conducted (the CD Division must'have been notified in advance of the same, as required above on page 1~ item (b.). A list of invitees/attendees for ~ach session/seminar;_ A request for funds/invoice (using Attachment "A" of this agreement) Proof that each seminar/session was adequately advertised and marketed to residents of Delray Beach, in an effort to ensure maximum participation and effectiveness (i.e. marketing tools used, copy of flyers/invitations/newspaper ads, and a narrative of other efforts made (activity report). ~' Other records as may be necessary to determine compliance with this agreement. Reimbursement payments will not be released without the submission of the required (complete and accurate) reports to the Community Development Diwsion, and on the resolution of monitonng or audit findings identified. The City shall have the right under this agreement to suspend or terminate payments until the Agency complies with any additional conditions that may be imposed by the City or U.S. HUD at any t~me. The Agency agrees to retain supporting documentation relatirlg to the activities funded hereunder and related service prov~smn (activities) for a period of three (3) years, dating from September 30, 2002. 6. Program -Generated Income: All income earned by the agency from activities financed by CDBG funds must be reported to the City. In addition to reporting such income, the Agency shall report to the City the procedure developed to dtilize program income to offset project costs. If program income is used to extend the avmlability of services provided by the Agency through this Agreement, the prior written approval of the Community Improvement Director or the CD Coordinator will be required. Accounting and dzsuursement of program income shall be conszstent with the procedures outlined in OMB Circular A-110 and other apphcable regulations incorporated herein by reference. 7. Other Program Requirements (Civil Rights / Resident Opportunities): The Agency agrees that no person shall on the grounds of race, color, mental or physical d~sab~lity, national origin, religion, or sex be excluded from the benefits of, or be subjected to d~scrimination under, any activity camed out by the performance of this Agreement. Upon receipt of evidence of such discrimination, the C~ty shall have the right to terminate this Agreement. To the greatest feasible extent, low-income residents of the project areas shall be given opportunities for training and employment; and to the greatest feasible extent eligible business concerns located in or owned m substantial part by persons residing in the project areas shall be awarded contracts in connection with the project. 8. Evaluation and Monitoring: The Agen6y agrees that the City will can'7 out periodic monitoring and evaluation activities (through m-house and site k,lsitatiori evaluations) as determined necessary by the Commumty Development Dtvision or the City and that the confinuat~n of this Agreement is dependent upon satisfactory evaluation conclusions based on the terms of this Agreement and comparisons of planned versus actual progress relating to project scheduling, budgets,, audit reports, and output measures. The Agency agree..s to .fiarnish upon request to thc CD Division, the- City, and/or HUD' copies of transcriptions'of such recbrds hnd mforma_tion as is determined_necessary by the City. The Agency shall submit information and status reports required by the CD Division, the City, or U.S. HUD on forms approved by the CD Divasion to enable th~ Division to evaluate said progress and to allow for completion of reports required of the City by HUD. The Agency shall allow the CD Division or HUD to monitor the Agency on site (at least annually). Such visits may be scheduled in advance or unscheduled as determined by the CD Diwsion or HUD. 9. Audits and Inspections: At any time during normal business hours and as often as the CD Division, the City, U.S. HUD, or the Comptroller General of the United States may deem necessary, there shall be made available by the agency to the CD Dixasion; the City, U.S. HUD, or thc Comptroller General for examination all its records with respect to all matters covered by this Agreement. The Agency agrees to comply with the provisions of the Single Audit Act of 1984, as amended, as it pertains to this Agreement. The City will require the Agency to submit a _single audit, including any management letter, made in accordance with the general program requirements of OMB Circulars A-110, A-122, A-133, and other applicable regulations within 180 days after the end of any fiscal year covered by this agreement in which Federal Funds from all sources are expended. The audit shall be made by a Certified Public Accountant of the Agency's choosing, subject to the City's approval. In the event the Agency is exempt from having an audit conducted under A-133, the City reserves the right to require submission of audited financial statements and/or to conduct a "limited scope audit" of the agency as defined by A-133. 10. Increased Availability: The intent and pUrPose of this Agreement is to increase the availability of the Agency:s services to the community. This Agreement is not to substitute for or replace existing or planned projects or activities of the Agency. The Agency agrees to maintain a level of activ/ties and expenditures, planned or existing, for projects similar to those being assisted under this Agreement which is not less than that level existing prior to this Agreement. 11. Conflict Of Interest Provision: The Agency agrees to abide by and be governed by OMB Circular A-110 pursuant to conflict of interest. The Agency further covenants that no person who presently exercises any functions or responsibilities in connection with the CDBG Project, has any personal financial interest, direct or indirect, in the activities provided under this agreement which would conflict in any manner or degree with the performance of this Agreement and that no person having any conflict of interest shall be employed by or subcontracted by the agency. Any possible conflict of interest on the part of the Agency or its employees shall be disclosed in writing to the CD Division provided, however, that this paragraph shall be interpreted in such a manner so as not to unreasonably impede the statutory requirement that maximum opportunity be provided for employment of and participation of lower-income residents of the project target area. 12. Citizen Participation: The Agency shall~ cooperate with the CD Division in the implementation of the Citizen Participation Plan by establishing a citizen participation process to keep residents and/or clients informed ~)£ the activ~les the Ag~t~cy i~ undertaking in caning out the provisions~'of this Agreement. Appropriate representatives of the Agency shall attend meetings and assist in the implementation of tl~e Citizen Participation Plan, as requested by the City. 13. Suspension and Termination: If through any cause the Agency shall fail t6 fulfill (or materially comply in accordance with 24CFR 85.43) in a timely and proper manner its obligations under this Agreement, or if the Agency shall violate any of' the covenants, agreements, of stipulations of this Agreement, the City shall thereupon have the right to terminate this Agreement or suspend payment in whole or part by giving written notice to the Agency of such terrmnation or suspension of payment and specify the effective date of termination or suspension. At any time during the term of this Agreement, either party may, at its option and for any reason, terminate this Agreement upon ten (10) working days written notice to the other party. Upon termination, the City shall pay the sub-recipient agency for services rendered pursuant to this Agreement through and-including the date of termination. The Agreement may be terminated for convenience in accordance with 24CFR 85.44. In the event the grant to the City under Title I of the Housing and Community Development Act of 1974 (as amended) is suspended or terminated, this Agreement shall be suspended or terminated effective on the date U.S. HUD specifies. 14. Leveraging: The Agency agrees to seek additional supportive or replacement funding from at least two other funding sources (during the time frame covered by this agreement). This will allow, to the greatest extent possible, the leveragmg of U.S. HUD funds. Proposals to other agencies will be made in writing and a copy of such provided to the CD Division, 15. Independent Contractor: The Agency agrees that, in all matters relating to this Agreement, it will be acting as an independent contractor and that its employees are not-City of Delray Beach employees and are not subject to the City provisions of the law applicable to City employees relative to employment compensation and employee benefits. 16. Public Entity Crimes: By entering into this contract or performing any work in furtherance hereof, the contractor (sub-recipient agency) certifies that it, its affiliates, suppliers, subcontractors and consultants who will perform hereunder have not been placed on the convicted vendor list maintained by the State of Florida Department of Management Serwces wlthm the 36 months immediately preceding the date hereof. This notice is required by F.S. 287.133(3)(a). 17. Reversion of Assets: Upon expiration of this Agreement, the sub-recipient shall transfer to the City any CDBG funds on hand at the time of expiration and any accounts receivable attributable to the use of CDBG funds. Additionally, where applicable, any real property under the sub-recipient's control that was acquired or improved m whole or ~n part w~th CDBG funds (including CDBG funds provided to the sub-recipient m the form of a loan) m excess of $25,000 must be used to meet one of the national objectives of the CDBG Program (per 24CFR Part 570) until five years after expiration of the Agreement. 18. Counterparts Of This Agreement: - This Agreement contains all of the parties binding representations to one another. Any amendment or modification hereto must be in writing and is contingent upon approval by the Commumty Improvement Director. Agency/Sub-recipient: Fair Housing Cent, er of Greater Palm Beaches~ Inc. -Signed By: Authorized Agency Official the WITNESSES: CITY OF DELRAY BEACH, FLORIDA Signed By: David W. Schmidt, MAYOR ATTEST: CITY CLERK APPROVED AS TO FORM: ~r~,CITY ATTORNEY AGREEMENT FOR FUNDING AND ACCEPTANCE OF I~S BETWEEN THE CITY OF DELRAY BEACH DELRAY PHOENIX, INC. 2001-2002 (October 1, 2001 - September 30, 2002) TltlS AGREEMENT FOR FUNDING AND ACCEPTANCE .OF FUNDS .'("Agreement")" entered into thig day -o'f .; 2001-~ between the City-of~- Delx:ay Beach, hereinafter referred to_as "City" and Delray Phoemx, Iht., hereinafter' referred to as the "Phoenix Group" and/or "Agency", having its principal office located at 130 N.W. 8t~ Avenue, Delray Beach; Florida,-is related to the provision, as per the budget approved by the City Commission on September 19, 2001 and effective October 1, 2001 through September 30, 2002, of $25,000 in Community Development Block Grant (CDBG) funds. In addition, funding approved for fiscal year 2000-2001 in the amount of $10,000 wall be added for a total available funds of $35,000. These' funds were-approved by the City and U.S. HUD to initiate Economic Development Act~vity/Fa¢ade Improvements in the West Atlantic Avenue Redevelopment Area and will fund a component of the overall renovation of a commercial building located at 700 West Atlantic Avenue, Delray Beach. CDBG dollars will provide site improvements to include parking facility, landscaping, site hghting and other exterior improvements. The "Phoenix Gr6up" agrees to: a.) contract directly with a licensed general contractor to undertake the renovation work; and ~nclude all CD Division reqmred Labor Standard requirements as a component of the contract; and undertake responsibility for the renovation proceedings and the ~elected general contractor's work; and; ensure that the CD Division is notified on an on-going basis as to the progress of the scheduled work; and; submit requests for reimbursement of expenses following completion and payment of ehgible renovation tasks (subJect to approval by the CD Administrator and the D~rector of Commumty Improvement); and comply w~th all other federal monitoring and compliance related isst/es, with a particular emphasis on relevant portions of the Davis-Bacon Act. (See attached Labor Standard Provision) 1. Definitions: a. "City" means the C~ty of Delray Beach, Florida b. "CDBG" means Community Development Block Grant Program of the C~ty of Delray Beach c. "CD" means Community Development Division (City of Delray Beach) d. "The Agency" means Delray Phoenix, Inc. e. "U.S. HUD" means the Secretary of the U. S. Depa~:hnent of Housing and Urban Development or a person authorized to act on U.S. HUD's behalf. f. "Low and Moderate-Income Persons" means the defimtion set by U.S. HUD and Community Development Act of 1974 that all laborers and mechanics employes by contractors or subcontractors on construction work financed in whole or in part with assistance received under the Act shall be paid wages at rates not less than those prevailing on similar construction in the locahty as determined by the Secretary of Labor in accordance with the David-Bacon Act, as amended. g. 2. Purpose / Statement of Work: The purpose of this Agreement is to state the covenants and conditions under which the Agency will ~mplement the agreed upon scope of work supported by the allocation of federal CDBG funds. At least 51 percent (51%) of the be~:ciaries of a project funded-under this Agreement must be low and moderate-income persons (as determined annually by HUD for the area). The Agency shall, m a satisfactory and proper manner as determined by the City, perform the tasks necessary to conduct the proceedings outlined in this agreement and submit requests for reimbursement of approved expenses to the CD Admininstrator. -Disbursements will be released only Ul~On-the receipt of each required request for reimbursement, ~ncludmg all reqmred reports and necessary data (as determined by the City), covering the completed Work by the Agency's selected general contractor. Payments will be made available within thirty (30) days of receipt 'of each invoice, following an inspection of the work completed and approval by the CD Administratbr and the Director of Community In/.proy~ment: Local CDBG (federal) dollars are being provided to the "Phoenix Group" to fund a componbnt of the overall renovation of a commercial building located at 700 West Atlantic Avenue, Delray Beach. Local CDBG dollars will provide for renovations to the existing building and site improvements to include parkdng facility, landscaping, site lighting and other exterior improvements. a.) The City and the Phoenix Group further' agrees that the City shall: 1 .) Prowde $35,000 toward faqade improvements to the commercial building located at 700 West Atlantic Avenue, Delray Beach 2.) Provide technical assistance upon request and throughout the contract period to assist the Phoenix Group in complying with the terms of this contract. This assistance shall inclu6e on-gmng monitoring for Davis-Bacon and related Acts (Labor Standards); 3.) approve contracts for faqade~mprovernents to the commercial building by prowding appropriate work write-ups, building plans and adequate supervision of construction. Further, the Phoenix Group shall secure all necessary bonding and accept all habllity as it may relate directly or indirectly from the construction, and hold harmless and indemnify the City from all construction related deficiencies and liabilities of whatsoever kand as it relates to thc construction and rehabilitation. 3. Time of Performance: The effective date of this agreement and all rights and duties designated hereunder are ~ontmgent upon the timely release of funds ~'or this p~irticular project. The effective date shall be the date of execution of this Agreement or the date of release of funds by U.S. HUD, whichever is later. The services of the Agency shall commence upon the effective date of this Agreement. Reimbursement of associated and approved expenses incurred as of October 1, 2001 will be processed. All sermce required hereunder shall be completed by the Agency by September 30, 2002. 4. Subcontracts: Any work or services subcontracted hereunder shall be specifically by written contract, or written agreement, and shall be subject to each provision of this Agreement. Proper documentation in accordance with City, State, and Federal guidelines and regulations must be submitted by the Agency to the City and approved by the City prior to execution of any subcontract hereunder. In addition, all subcontracts shall be subject to Federal, State, and City laws and regulations. None of the work or services covered by this agreement, including but not limited to consultant work or services, shall be subcontracted or reimbursed without the prior written approval of the Community Improvement Director or designee. 5. Records and Reports: The Phoenix Group agrees to ensure the submission of all contractor payrolls and itemized pay requests. The Phoenix Group further agrees to submit upon request other documentation which may later be determined necessary to assure compliance with this agreement. T-ac City shall have the right under this agreement to suspend or terminate payments until ihe Agency complies with any additional conditions that may be imposed by the City or U.S. HUD at any time. The Agency agrees tO retain supporting documentation relating to the activities funded hereunder and related service provision (activities) for a period of three (3) years, dating from S~.ember'30, 2002. -' '~ .... 6. Program -Generated Income: ' All income earned by the agency from activities financed by CDBG funds must be reported to the City. In ~ddition ~o reporting such~ income, th~ Agency shall report to the City the procedure developed to utilize program income to offset project costs. If program income is used to extend the availability of services provided by the Agency through this Agreement, the prior written approval of the Community Improvement Director or the CD Coordinator will be required. Accounting and disbursement of program income shall be consistent with the procedures outlined in OMB Circular A-110 and other applicable regulations incorporated herein by reference. 7. Other Program Requirements (Civil Rights / Resident Opportunities): The agency agrees that no person shall on the grounds of race, color, mental or physical disability, national origin, religion, or sex be excluded from the benefits of, or be subjected to discrimination under, any activity carried out by the performance of this Agreement. Upon receipt of evidence of such discnrmnatlon, the City shall have the right to terminate this Agreement. To the greatest feasible extent, low-income residents of the project areas shall be given opportunities for training and employment; and to the greatest feasible extent eligible business concerns located in or owned in' substantial part by persons residing in the project areas shall be awarded contracts in connection with the project. 8. Evaluation and Monitoring: The Agency agrees that the City will carry out periodic monitoring and evaluation activities (through in-house and site visitation evaluations) as determined necessary by the Community Development Division or the City and that the continuation of this Agreement is dependent upon satisfactory evaluation conclusions based on the terms of this'Agreement and comparisons of planned versus actual progress relating to project scheduling, budgets, audit reports, and output measures. The Agency agrees to furnish upon request to the CD Division, the City, and/or HUD copies of transcriptions of such records and information as is determined necessary by the City. The Agency shall submit (on a monthly basls)-and at other times upon the request of the City, information and status reports required by the CD Division, the City, or U.S. HUD on forms approved by the CD Division to enable the Division to evaluate said progress and to allow for completion of reports required of the City by HUD. The Agency shall allow the CD Division or HUD to monitor the Agency on site (at least annually). Such visits may be scheduled in advance or unscheduled as determined by the CD Division or HUD. 9. Audits and Inspections: At any time dunng normal business hours and as often as the CD Division, the City, U.S. HUD, or the Comptroller General of the United States may deem necessary, there shall be made available by the agency to the CD D~vision, the City, U.S. HUD, or the Comptroller General for examination all its records w~th respect to all matters covered by this Agreement. The Agency agrees to comply with the provisions of the Single Audit Act of 1984, as amended, as it pertains to this Agreement. The City will require the Agency to submit a single audit, including any management letter, made in accordance with the general program requirements of OMB Circulars A-110, A-122, A-133, and other applicable regulations within 180 days after the end of any fiscal year covered by this agreement in which Federal Funds from all sources are expended. The audit shall be made by a Certified Public Accountant of the Agency's choosing, subject to the City's approval. In the event the Agency is exempt from having an audit conducted under A-133, the City reserves the right to require submission of audited financial s~teme~'~ ~nd/or to conduct a "limited scope audit" of the agency as defined by A-133. 10, Increased Availability: The intent and purpose of this Agreement is to increase the availability of the Agency's services t6 the 'c6mmunity. This A~eemenf is not (o ~iab§titti(e for o~ replace'e~isting or planned projects or activities of the Agency. The Agency agrees to maintain a level of activities and expenditures, planned or existing, for pro. lects similar to those being assisted under this Agreement Which'is not tess than that t~vel exi.sting.pri0r'to this A~r~ement. - - 11. Conflict Of Interest Provision: The Agency agrees to abide by and be governed by OMB Circular A-110 pm'suant to conflict of interest. The Agency further covenants that no person who presently exercises any functions or responsibilities in connection with the CDBG Project, has any personal financial interest, d~rect or indirect, in the activities provided under this agreement which would conflict in any manner or' degree with 1he performance of this Agreement and that no person having any conflict of interest shall be employed by or subcontracted by the agency. Any possible conflict of interest on the part of the Agency or its employees shall be disclosed in writang to the CD Division provided, however, that this paragraph shall be ~nterpreted in such a manner so as not to unreasonably impede the statutory requirement that maximum opportunity be provided for employment of and participation of lower-income residents of the project target area. 12. Citizen Participatign: The Agency shall cooperate with the CD Division in the implementation of the Citizen Participation Plan by establishing a citizen participation process to keep residents and/or clients informed of the activities the Agency is undertaking in carrying out the provisions of th~s Agreement. Appropriate representatives of the Agency shall attend meetings and assist in the implementation of the C~tlzen Participation Plan, as requested by the City. 13. Suspension and Termination: If through any cause the Agency shall fail to fulfill (or materially compiy in accordance with 24CFR 85.43) in a timely and proper manner its obligations under this Agreement, or if the Agency shall violate any of the covenants, agreements, or stipulations of this Agreement, the C~ty shall thereupon have the right to terminate this Agreement or suspend payment in whole or part by giving written notice to the Agency of such termination or suspension of payment and specify the effective date of termination or suspension. At any time dunng the term of this Agreement, either party may, at its option and for any reason, terminate this Agreement upon ten (10) working days written notice to the other party. Upon termination, the City shall pay the sub-recipient agency for services rendered pursuant to this Agreement through and including the date of termination. The Agreement may be terminated for convenience in accordance with 24CFR 85.44. In the event the grant to the City under Title I of the Housing and Community Development Act of 1974 (as amended) is suspended or terminated, this Agreement shall be suspended or terminated effective on the date U.S. HUD specifies. 14. Leveraging: The Agency agrees to seek additional supportive or replacement funding from at least two other funding sources (dunng the time frame covered by this agreement). This will allow, to the greatest extent possible, the leveraging of U.S. HUD funds. Proposals to other agencies will be made m writing and a copy of such provided to the CD Dxvislon. 15. Independent Contractor: The Agency agrees that, in all matters relating to this Agreement, it will be acting as an ~ndependent contractor and that its employees are not City of Delray Beach employees and are not subject to the City provisions of the law applicable to City employees relative to employment compensation and employee benefits. 16. Public Entity Crimes: By entering into th~s contract or performing any work in furtl~erance hereof, tfi~ contractor' (sub-recipient agency) certifies that' it, its affiliates, supphers, subcontractors and consultants who will perform hereunder have not been placed on the convicted vendor list maintained by the State of Florida Department 9f Management Sermces within the 36 months immedmtely preceding the date hereof. This notice is required by-KS. 287.133(3)(a). 17. Counterparts Of This Agreement: .... This Agreement contains all of the parties binding representations to one another. Any amendment or mo&fication hereto must be in whting and is cont/ngent upo~iSPrt}val by the Community Improvement Director. Agency/Sub-recipient:- D¢lra¥ Phoonix, Inc. , , Signed By: Authorized Agency Offici~ WITNESSES: ATTEST: CITY CLERK APPROVED AS TO FORM: CITY ATTORNEY CITY OF DELRAY BEACH, FLORIDA Signed By: David W. Schmidt,'MAY~R Department of Housing · Federal Labor Standards ProVisions And Urban determlnet~- ~he Administ=atOr, or an aut~oflZ~ ProJe~ or program to which the ~nstruc~on work ~vereO ny tnt= ~ ~ int6r~ted ~a~S an= u~ ,=~m'- ~eRalnS is being assisted by the ~mted Steles ~ Aman~ and ~e following . -- A~inls~atof for . . ' Federal L~t Standards precisions are Include~ m ~ls ~ec~pum~nt to the represen~tNe, will issue a dete~inafion ~thm 30 days of red,pt a~d so desigpee or will no~ HUD or tt des~nee w~thm the 30-daY proVis~ns ep~il~ble to such Federal assistance, is neceSsa~. (Approved by ~e Office of A. ~, (t} Minimum wages. All laborem and mechamCs employed or ~o~ing edvis~ HUD or its Manage~nt and Budget under OMB contro~ Number 1215-0140 ) upon the site of the work (or under the Umted States Housing A~ of 1937 or period that additional time under the HouSing Act of 1949 in the construction or development of the -olect), will be paid unconditionally and not less often than once a week, and ~thout subsequent dedUCtiOn or rebate on any account (except such payroll deductK)ns aS are permitted by regulations issued by the SecretarY of Labor under the copeland Act (29 CFR part 3), the full amount of wages and bona fide fringe benefits (or cash equivalents thereof) due at t(me of payment ~omputed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof, regardleSS of any contractual relationship which may be alleged to exist between 1he contractor and such laborers and mechanics. Contributions made or costs reasonably anticipated for bona fide fringe benefits under Section 1(b)(2) of the Davis. Bacon'Act on behalf of laborers or mechanics are considered wages paid to such taborets or mechamCs, subiecl to the provisions of 29 CFR 5.5(a)(1)(w); also, regular contributions r~ade or costs incurred for more than a weekly period (but not less often than quarterly) u~der plans, funds, or programs, which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the classification of work actually performed without regard to skill, except as provided in 29 CFR Part 5.5(a)(4) or mechanics performing work in more than one classification may be ' the time actually Laborers o e~'s pay-rOll records accurately set compensated at the rate specified for each classification for ) rththe .... nv add,t ona class,r, cat,on and g 'determination Unc~uu,,,~ - - Davis-Bacon poster (WH- conformed under 29 CFR part 5,5(a)(1)(il) and the 1321) shall be posted at all times by the contractor and its subcontractors at the site of the work in a prominent and accessible place where it can be easily seen ~ by 1he workers. (ii) (al Any class of laborers or mechanics which is not hated in the wage determination and which is to be employed under the contract shall be classified in conformance with the w~age determination HUD shall apprOve an additional classification and wage rate and fringe benefits therefore onlY when the following criteria have been met. (1) The work to be performed by the classification requested is not performed by a classification m the wage determination; and (2) The classification is utilized in the area by the construcbon industry, and rate, including any bona fide fringe benefits, (3) The proposed wage bears a reasonable re[abonsh~p to the wage rates contained tn the wage in determmation. (b) If the contractor and the laborers and mechanicS to be employed the classification (if known), or their representatives, and HUD or its designee agree on the classification and wage rate (including the amount designated for e, a report of the action taken shall be sent by e its where appropnat ) ...... ~n nd Hour Division, ,adl[,ing_e ...... the Admlnls,ra or o,, ...... e a '% ~'f~lllUD or its u~,~''-e to Employment Standards Admimstrat~On, U S Department of Labor, Washington, D C 20210 The Administrator, or an authorized representative, will approve, modify, or disapprove every addlbonal classlftcabOn acbon within 30 days of receipt and so advise HUD or its designee or wdl notify HUD or its designee within the 30-day period that additional time is neceSsarY (Approved by the Office of Management and Budget under OMB control number 1215-0140) (c) in the event the contractor, the laborers or mechanics to be employed m the classification or their representativeS, and HUD or its designee do not agree on the proposed claSSification and wage rate (including the amount designated for fringe benefits, where appropriate) PreViOUS Edition is Obsolete (d) The wage rate (including fringe benefits where appropriate) determined pursuant to subparagraphs (l)(b) or (c) of this paragraph, shall be paid to ali workers perfohn[ng work in the class fication under this con-tract from the first day on which work is performed in the cl~sslficabon (li~) Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the contractor shall either pay,the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof (iv) If the contractor does not make payments to a trustee or other third the contractor may consider as part of the wages of any laborer or person, any costsYeasonably anticipated ~n providing bona mechaniC the amount of fide fringe benefits under a plan or program, Provided, That the Secretary of LabOr has found, upon the written request of the contractor, that the applicable standards of the Davis-Bacon Act have been met The SecretarY of Labor may require the contractor to set aside in a separate account-assets for the meeting of obhgattons under the plan or program. (Approved by the Office of 2, Withholding. HUD ~r its designee shall upOn its own action or upon written Management of Budget under OMB Control Number 1215-0140') or request of an authorized representative of the Department of Labor withhold cause to be w~thheld from the contractor under this contract of any other prime contractOr, or any other Federally-assisted Federal contract with the same requirements, which is held by contract subiact to Davis-Bacon prevadmg wage the same prime contractor so much of the accrued payments or advances as may be considered necessarY to pay laborers and mechanics, including apprentices, trainees and helpers employed by the contractor or any subcontractor the-full amount of wages required by the contract In the event of failure to pay any laborer or mechanic, including any apprenbce, trainee or helper, employed or working on the site of the work (or under the United States Housing Act of 1937 or under the Housing Act of 1949 irt the construction or development of the project), all or part of the wages required by the contract, HUD or tls designee may, after written notice to the contractor, sponsor, applicant, or owner take such actiOn as may be necessarY to cause the suspension of any further payment advanCe or guarantee of funds until such violations have ceased HUD or its designee may, after written notice to the contractor disburse such amounts withheld for and on account of the contractor or sub.contractor to the respective employees to whom they are due The comptroller Genera[ shall make such disbursements in the case of direct Davis- Bacon Act contracts 3. ti) PayrOlls and basic recordS, Payrolls and basic records relating theretO shall be maintained by the contractor during the course of the work preserved for a period of three years thereafter for all laborers and mechanics working at the site of the work (or under the United States Housing Act of 1937, or under the Housing Act of t949, in the constructmn or development of the project). Such records shall contain the name, address, and social secunty number of each such worker, his or her correct classification, houdy rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equtVa[entS thereof the types described ~n Section l(b)(2)(B) of the Davis-Bacon Act), da~ly and weekly number of hours worked, deductions made and actual wages paid. Whenever the SecretarY of Labor has found under 29 CFR 5.5 (e)(1)(Iv) that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated tn providing benefits under a plan or program described in Section 1 (b)(2)(B) of the Davis-Bacon Act, the contractor shall maintain records which show that the commitment to prowde such benefits is enforceable, that the plan or program m financially responsible, and that the plan or program has been HUD-4010 (2-B4 communicated in wnbng to the laborers or mechamcs affected, and records which show the costs anticipated or the actual cost incurred m prowding such benefits. Contractors employing apprentices or trainees under approved programs st'iall maintain written evidence of the' ~egistration of apprenticeship programs and certification of trainee programs the registration of the apprentices and trainees, and the ratios and wage rates prescnbed m the applicable programs~ (Approved by the Office of Management and Budget under OMB Control Numl:mrs 1215-O140 and 1215-0017.) - (ii) (e) The ~ontraotor shall submit weekly for each week in which any contract won is performed a copy of all payrolls to HUD or its desigRee i-f the agenc~ is a party to the contract, but ~f the agency is not such a party, the contractor will submit the payrolls to the apphcant, sponsor, or owner, as the . may be, for transmission to HUD or its designee. The payrolls submitted 'ase ~all set out accurately and completely all the mformat~on required to be maintained under 29 CFR Part 5 5(a)(3)(I) Th~s information may be submitted ~n any form desired Optional Form WH-347 ~s available for th~s purpose and may be purchased from the Supenntendent of Documents (Federal Stock Number 029-005-000~4-1), U.S. Government Printing Office, Washington, DC 20402. The prime contractor is responsible for the submission of cop~es of payrolls by all subcontractors (Approved by the Office of Management and Budget under OMB Control Number 1215-0149.) (b) Each payroll submitted shall be accompamed by a "Statement of Compliance" signed by the contractor or subcontractor or his or her agent who pays or supervises the payment of the persons employed under the contract and shall certify the following' (1) That the payroll for the payroll per~od contains the mformat~on required to be maintained under 29 CFR Part 5 5 (a)(3)(I) and that such reformation ~s correct and complete, (2) That each laborer or mechanic (including each helper, apprentice, and trainee) employed on the contract during the payroll period has been paid the full weekly wages earned without rebate e~ther d~rectly or indirectly, and that no deductions have been made e~ther directly or indirectly from the full wages earned other than permissible deductions as set forth ~n 29 CFR Part 3, (3) That each laborer or mechanic has been pa~d not less than the ppllcable wage rates and fringe benefits or cash equivalents for the classificabon of work performed as specified in the apphcable wage determination incorporated in the contract (c) The weekly submission of a properly executed certification set forth on the reverse s~de of Opbonal Form WH-347 shall satisfy the requirement for submission of the "Statement of Compliance" required by paragraph A 3 (H)(b) of this section. (i~i) The contractor or subcontractor shall make the records required under paragraph A.3.0) of this section available for inspection, copying, or transcription by authonzed representatives of HUD or its designee or the Department of Labor, and shall permit such representatives to interview employees during working hours on the job. If the contractor or subcontractor fails to submff the required records or to make them available, HUD or its designee may after written not~ce to the contractor, sponsor, appl*cant, or owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds Furthermore, failure to submit the required records upon request or to make such records available may be grounds for debarment acbon pursuant to 29 CFR Part 5 12 4. (I) Apprentices and Trainees. Apprentices. Apprentices w~ll be permitted to work at less than the predetermined rate for the work they per-formed when they are employed pursuant to and individually registered ~n a bona fide apprenticeship program registered w~th the U.S Department of Labor, Employment and Training Adm~mstratlon, Bureau of Apprenticeship and Training, or with a State Apprenticeship Agency recognized by the Bureau, or if a person is employed ~n h~s or her first 90 days of probabonary employment as an apprentice in such an apprenticeship program, who ~s not ~ndlwdually registered ~n the program, but who has been certified by the Bureau of Apprenticeship and Tra~mng or a State Apprenhcesh~p Agency (where appropriate) to be ehg~ble for probationary employment as an apprentice The allowable ratio of apprentices to journeymen on the job s~te ~n any craft classification shall not be greater than the ratio permitted to the contractor as to the enbre work force under the registered program Any worker hsted on a payroll at an apprentice wage rate, who ~s not registered or otherwise employed as stated above, shall be pa~d not less than the apphcable wage rate on the wage determination for the classification of work actually performed in addition, any apprentice performing work on the job site m excess of the ratio p~rmltted.under the registered program shall be paid not less than the applicable wage rate on the wage determination for 1;he work actually ~:)erformed. 'Where a contractor is perfor~-mng const'ructi6~ on a pro)act m a locality other than that in which its program is registered, the ratios and wage rate (expressed ~n percentages of the journeyman's hourly rate specdied in the registered program for the apprenbce's level of p~gress expressed as a percentage of the journeymen hourly rate specified m the appllcabl'e wage determinat;on. AppreMtces ~hali be paid fringe-benefits In accordance with the provisions of the apprenticeship program. If the apprenticeship program does not specify fringe benefits apprentices must be pa~d the full amount of fringe benefits list_ed on the wage determination for the applicable classification If . the Admmistrat6r determines that a different practice prevails for the applicable apprant~ce classification, fringes shall be paid in accordance w~th that determination In the event_the Bureau of Apprenticeship and Traimng, or a State Apprenticeship Agency recogmzed by the Bureau withdraws approval of an apprenticeship program, the contractor will no longer be permitted to utihze apprentices at less than the applicable predetermined rate for the work performed until an acceptable program is approved. (il) Trainees. Except as provided in 29 CFR 5.16, trainees will not be permitted to work at less than the predetermined rate for the work performed unless they are employed pursuant to and individually registered ~n a program which has received prior approval ewdenced by formal certification by the U S. Department of Labor, Employment and Training Administration. The ratio of trainees to journeymen on the job s~te shall not be greater than permitted under the plan approved by the Employment and Tra~mng Adt'mmstrat~on. Every trainee must be pa~d at not less than the rate specified in the approved program for the trainee's level of progress expressed as a percentage of the journeyman hourly rate specified ~n the applicable wage determmabon Trainees shall be pa~d fringe benefits m accordance w~th the provisions of the trainee program if the trainee program does not mention fringe benefits I~sted on the wage determination unless the Admimstrator of the Wage and Hour D~vls~on determines that there ~s an apprenticeship program associated w~th the corresponding journeyman fringe benefits for apprentices Any employee hsted on the payroll at a trainee rate who ~s not registered and participating ~n a training plan approved by the Employment and Training Admlmstrabon shall be pa~d not less than the applicable wage rate on the wage determination for the work actually performed In addition, any trainee performing work on the job site not less than the applicable wage rate on the wage determination for the work actually performed In the event the Employment and '1'raining Administration w~thdraws approval of a tralmng program, the contractor w~ll no longer be permitted to ut~hze trainees at less than the apphcable predetermined rate for the work performed until an acceptable program is approved. (~ii) Equal employment opportunity. The ut~hzation of apprentices, trainees and journeymen under this part shall be in conformity w~th the equal employment opportumty requirements of Executive Order 11246, as amended, and 29 CFR Part 30 5. Compliance with Copeland Act requirements. The contractor shall comply with the requirements of 29 CFR Part 3 which are ~ncorporated by reference m th~s contract. 6. Subcontracts. The contractor or subcontractor w~ll ~nsert in any subcontracts the clauses contained in 29 CFR 5 5(a)(1) through (10) and such other clauses as HUD or its designee may by appropriate instructions require and also a clause requiring the subcontractors to ~nclude these clauses ~n any lower tier subcontracts The prime contractor shall be responsible for the comphance by any subcontractor or lower bet subcontractor with all the contract clauses in 29 CFR Part 5 5. 7. Contract termination; debarment. A breach of the contract clauses m 29 CFR 5.5 may be grounds for term~nabon of the contract, and for debarment as a contractor and a subcontractor as provided ~n 29 CFR 5 12 8. Compliance with Davis-Bacon and Related Act Requirements. All rulings and ~nterpretat~ons of the Daws-Bacon and Related Acts contained in 29 CFR Parts 1 3 and 5 are here~n ~ncorporated by reference m th~s contract. 9. Disputes concerning labor standards. D~sputes arming out of the labor standards prows~ons of th~s contract shall not be subject to the general d~sputes clause of th~s contract Such disputes shall be resolved ~n accordance w~th the procedures of the Department of Labor set forth m 29 CFR Parts 5, 6, and 7 D~sputes w~thm the meaning of th~s clause ~nclude disputes between the contractor (or any of ~ts subcontractors) and HUD or ~ts designee, the U.S. Department of Labor, or the employees or their representatives 10. (i) Certification of Eligibility. By entering ,nto this contract the con-tractor certifies that neither it (nor he or she) nor any person or firm wh.o has an interest in the contYactor's firm lsa [3ersbn or firth ineligible to be awarded Government' contracts by virtue of Section $(a) of the Daws-Bacon Act or 29 CFR 5 12(a)(1) or to be awarded HUD contracts or parbcipate in HUD programs pursuant to 24 CFR Part 24. (1t) Nol)art of this contract shall be subcontracted to any person or firm ineligible for award of a Government contract by virtue of Section 3(a) of the Davis-Bacon Act or 29 CFR 4.~12(a)(1) or to be awarded HUD contract or participate in HUD programs pursuant to 24 CFR Part 24. (,Il) The penalty for making false statements is prescnbed in the U.S im,nal Code 18 U.S.C 1001 Additionally, U S. Criminal Code Section 10, T~tle 18 U S.C "Federal Housing Administration transactions" provides m part "Whoever, for the purpose of . influencing tn any way the acbon of such Administration.. makes, utters or publishes any statement knowing the same to be false shall be fined not more than $5,000 or ~mpr~soned not more than two years or both." (11). Complaints, Proceedings, or Testimony by Employees. No laborer or mechanic to whom the wage, salary, or other labor standards provisions of th~s Contract are applicable shall be d~scharged or ~n any other manner d~scriminated against by the Contractor or any subcontractor because such employee has filed any complaint or Instituted or caused to be instituted any . proceeding or has testified or is about to testify in arty proceeding under or relating to the labor standards applicable under th~s Contract to his employer. B Contract Work Hours and Safety Standards Act. As used ~n this paragraph, the terms ^laborers' and ^mechamcs' include watchmen and guards. (1) Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may require or revolve the employment of laborers or mechanics shall requ~ra or permit any such laborer or mechamc tn any workweek in which he or she ~s employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half brae the bas;c rate of 'II, ay for all hours worked in excess of forty hours m such workweek (2)Violation; liability for unpaid wages; liquidated damages. In the event of any violahon of the clause set forth ~n subparagraph (1) of this paragraph, the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be I~able to the United States (in the case of work done under contract for the D~stnct of Columbia or a territory, to such District or to such territory), for hquidated damages. Suc~h hquldated damages shall be computed' with respect'to each mdiwdual laborer or mechanic, including watchmen and guards, employed m v~olation of th~ clat]se set forth in sub-paragraph (1) 6f thl~ paragraph, each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours w~thout payment of the o~rtlme wages required by ~ clause set forth in subparagraph (1) of th~s paragraph. - (3) Withholding for unpaid wages~,'~d liquidated damages. HUD or its des4gnee sha~ upon its own action or upon written-request ef an authorized representative of the Department of Labor withhold or cause to be withheld from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract w~th the same pnme contract or any other Federally-assistad con-tract subject to the Contract Work Hours and Safety Standards Act which is held by the same prime contractor such sums as may be determined to be necessary to satisfy any hab~hties of such contractor or subcontractor for unpa~ wages and liquidated damages as provided ~n the clause set forth m subparagraph (2) of th~s paragraph. (4) Subcontracts. The contractor or Subcontractor shall Insert in any subcontracts the clauses set forth in subparagraph (1) through (4) of th~s paragraph and also a clause requinng the subcontractors to ~nclude these clauses ~n any lower her subcontracts The prime contractor shall be responsible for comphance by any subcontractor or lower her subcontractor w~h the clauses set forth ~n subparagraphs (1) through (4) of th~s paragraph. C. Health and Safety (1) No laborer or mechanic shall be required to work m surroundings or under working conditions which are unsanitary, hazardous, or dangerous to h~s health and safety as determined under construction safety and health standards promulgated by the Secrataryof Labor by regulabon. (2) The Contractor shall comply with all regulations issued .by the Secretary of Labor pursuant to Title 29 Part 1926 (formerly part 1518) and failure to comply may result in ~mposifion of sanctions pursuant to the Con-tract Work Hours and Safety Standards Act (Public Law 91-54. 83 Stat 96). (3) The Contractor shall ~nclude the prowsions of this Article m every subcontract so that such prows~ons w~ll be binding on each subcontractor The Contractor shall take such achon with respect to any subcontracts as the Secretary of Housing and Urban Development or the Secretary of Labor shall d~rect as a means'of enforcing such provisions. HUD-4010 (2-84) AGENDA REQUEST Request to be placed on: __ Regular Agenda Special Agenda __ Workshop Agenda xxxx Consent Agenda Date: October 29, 2001 When: November 7, 2001 Description of item: Request to approve and execute agreements for funding of eight (8) Community Development Block Grant subrecipients for Fiscal Year 2001-2002. Funding will be made available from various accounts within the CDBG budget. Total funding is $134,650.00. Funds will be distributed as follows: $10,000.00~Alpha-Time; '$22,000.00 Community Child Care Center; $3,650.00 Communi_ty Neighborhood Helping; $35,000.00 Delray Phoenix, Inc., $2,000.00 Fair Housing Center of the Greater Palm Beaches, Inc.; $50,000.00 MAD DADs of Greater Delray Beach; $12,000 Urban League of Palm Beach County ORDINANCE / RESOLUTION REQUIRED: YES/NO Draft Attached: YES/NO Recommendation: Staffrecommends approval and execution of the eight (7) agreements for funding. Department Head Signature: ~ ~ City Attorney Review/Recommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): Funding Available: ~lqO ~ t l [~ 101 Funding Alternatives: (if applicable) Account No. & Description:~l~}4°[~-sxsq-~/B (L~\\fi ~t f.,ev~c ~7~fl) Account Balance: [~- k°!~-55~8'~0~ [}lks~ (Ax-ba~lL~ bS, b,.50 City Manager Review: Approved for Agenda: ~/NO ~ Hold Until: Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved [lTV JIF BELIII:IY BEI:I£H DELRAY BEACH ~ro: ~993 ~oo~ FROM: 100 N.W. 1st AVENUE MEMOR,,WJ DUM David T. Harden, City Manager ~obert A. Barcinski, Assistant City Manager DELRAY BEACH, FLORIDA 33444 DATE: October 31,2001 SUBJECT: AGENDA ITEM REGULAR CITY COMMISSION MEETING NOVEMBER 6, 2001 SPECIAL EVENT REQUEST - 2~' ANNUAL DELRAY BEACH THANKSGIVING ART FAIR 561/243-7000 ACTION City Commission is requested to endorse the 2nd Annual Delray Beach Thanksgiving Art Fair to be held on November 24th and 25th from 10:00 a.m. until 5:00 p.m. to grant a temporary use permit per LDR Section 2.3.6(H) for the use of NE 2nd Avenue, from NE 1st Street to NE 4th Street, and to authorize staff support for traffic control and security. BAGK6ROUND Attached is a request from Howard Alan Events, Ltd. for this event. Part of the proceeds will be shared with the Joint Venture. The City is requested to provide police traffic control and security for this event. The event sponsor will provide vendor approval, site clean up, port-o-lets, barricading, and nighttime security. Police will be paid at the overtime rate. Barricades will be provided and set up by the sponsor. The estimated cost for police overtime is $2,100. The budget for this event and a hold harmless agreement are attached. We also have the Christmas Tree Lighting ceremony and entertainment the night of November 24th. The Police Department staff have advised that they can cover the required overtime without ordering officers to work the event. This is not a new event. RECOMMEJIDATION Staff recommends endorsement of the event, approval of the temporary use permit and approval of staff support for police traffic control and security with the sponsor paying all overtime costs, contingent on the sponsor providing liability insurance. RAB/tas cc: Lt. Geoff Williams File:U:SWEENEY/EVENTS Doc:Howard Alan Thanksgiving 2001 THE EFFORT ALWAYS MATTERS Printed on Recycled Paper October 2, 2001 Mr. Robert Barcinski Assistant City Manager City of Delray 100 NW 1st Avenue Delray Beach, FL 33444 AM£t~RSA 'S FINEST Dear Mr. Barcinski: We are planning for the Downtown Delray Thanksgiving Weekend Art Festival, to be held November 24 & 25, 2001 on NE 2® Avenue from NE 1st Street to NE 4th Street in Pineapple Grove. Please be advised that the following logistics for the Downtown Delray Thanksgiving Weekend Art Festival will be arranged: Street Closure: Bob's Barricades will drop off barricades on Friday, November 23, 2001, and our employees will set them up early Saturday morning. Police: The Delray Police Department will arrange for Police and Security from 10:00 am - 5:00 pm on Saturday and Sunday with 2 officers for daytime security, and 2 overnight security officers on Saturday from 6:00 pm - 6:00 am. Port-O-Lets and Dumpster: 3 regular and 1 handicap portolets have been ordered through Anderson Rentals and will be dropped off on Friday, November 23, 2001 and will be picked up on Monday, November 26, 2001, with servicing on Sunday, November 24, 2001. They will be placed in the parking lot of the deserted Publix. A 20-yard rolloff dumpster is ordered from BFI will be placed in the deserted Publix parking lot. It will be dropped off on Friday and picked up on Monday as well. Trash Receptacles: Trash receptacles will be supplied and maintained by our professional clean-up crew, Profest (Mitch). They will handle clean up of the trash throughout the area each day. Vendor Parking: Parking will be at the deserted Publix parking lot. Insurance: City required certificates will be issued. If you have any questions, please feel free to call me at (954) 472-3755. Howard Alan, President .... HowardAl~yel~t.s,iJ~JOWARD BI,VD. · PL~,NTATION. FLORtD~ 3:~324 (954) 472-3755 · FAX (954) 472-3891 www.arl£cstival.('om Sen( By: HOWARD ALAN EVENTS; 9544723891; 0ct-30-01 17:49; Page 2/2 Howard Alan Events Delray Thanksgiving Weekend Art Festival November 24 - 25, 2001 PROPOSED BUDGET For NOVEMBER 2001 Income Number of Artists Number of Food Vendors Artiet Fee Food Vendor Fee Artist Revenue Food Vendor Revenue Total Revenue EXPENSES Advenlalng: Boca Raton News Palm Beach Post South Florida Newspaper Sun Senhnel Sun Sentinel Charities Ad Program Advertising SubTotal Permit Slgnage Sanitation Sanltahon Sanitation Barricades Security Rentals Graphics for advertising Payroll Rental Property Lodgings and meals, travel One Mil#on Dollar liability ins pohcy Administrative Overhead Palm Beach County Health AA Sign Lines Waste Management-portolets Waste Management - dumpster Pro Fest Bob's Barricades City Of Delray Beach Pro Fast Ex~nse Helayne Stillings & Staff Delray Joint Venture telephone, mailings,arc Service SubTotal Total Expenses Expense Expense Expense Expense Expense Expense Expense Expense Expense Expense Expense Expense Expense Expense Expense Expense Expense Expense Expense 156 6 $200 $650 $31,200 $3,900 $35,t00 $700.00 $3,0~2.00 $$~0.0~ $8,200.00 $2,$00.00 $15,002.00 $25.00 $349.80 $630.70 $749.36 $1,188.00 $2,283.83 $416.~0 $76.00 $t,677,,80 $?,000,00 $400.00 $425.00 $t,t00.00 S16,804,99 $31,806.99 Show Profit $3,293,01 · MAY-22-2001TUE 11:20 aM CITY. MGR. DELRaY. BCH P. 02 HOLD HARMLESS AGENT .. THIS HOLD HARMLES~ AGREEMENT, is enUcrcd into this O' day of ~-~i~/ , 200.{. by and between the CITY OF DELRAY BEACH, FLORIDA, a Florida municipal co~oratiOn SPONSOR"). (hereinafter ' referred to as "CITY") and , (hareinafter referred to as "EVENT ,, WIT, NESSETH: WHEREAS, EVENT SPONSOR seeks to hold a special event known as WHEREAS. the Event will be held within the City limits of Dclray Beach; and WHEREAS, ~he City Commission has determined that such an Event promotes the public's health, safety and welfare. NOW, THEREFORE, for the mutual covenants and matters set forth' herein, as of the da~e set forth above, the parties hereby agree as follows: 1, The recitations set forth above are incorporated herein. 2, Indemnification. EVENT SPONSOR, for good and valuable consideration, agrees to defend, indemnify, a_~J hold harmless the CITY, its agents, officers, employees and servants from any and all suits, causes of action or any claim whatsoever made, and damages, which may result from any activity conducted by EVENT SPONSOR, its agents, em'ploye2s, assigns or contractors, in relation to the Event. 'M~Y-22-2001TU£ 11:21 CITY, MGR, DEL~Y, BCH P, 03 3. Insurance. EVENT SPONSOR shall obtain insurance covering the Event in the amounts and of the types specified in Bxhibit "A" a~achcd hereto which is incorporated herein as if fully set forth. 4. Governing laws; venue. This agreement shall be governed by the laws of the State of Florida, Any proceeding initiated to enforce the provisions of this agreement ihall be ~. . brought in the State or Federal courts located in Palm Beach County, Florida. 5. Binding Effect,, AIl of the terms and provisions of this Agreement shall be binding upon, inure to the benefit of, and l~e enforceable by, the parties hereto and their respective heirs, successors, legal representatives, and permitted assigns. 6. 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 betwcer~ the parties with respect to such matters are merged into this Agreement, which alone fully and completely expresses their understanding. : ?. Amendments. This Agreement may not be amended, modified, altered, or . changed in any respect, except by a further agreement in writing duly executed by each of the parties hereto. $. Third Parties. Nothing in this Agreement, whether express or implied, is intended to confer any rights or remedies under or by reason of this Agreement upon any person other than the parties hereto and their respective heirs, successors, legal representatives, and permitted assigns, nor is anything in this Agreement intended to relieve or discharge the obligation or liability of ally third persons to ally party to .this Agreement, nor shall any provision thereof give any third person any' right of subrogation or action over or against any party to this ALu'cement. 2 ~Y-22-2001 T~ 11:21 CITY, ~GR, DELRAY. BCH P. 04 IN WITNESS WHEREOF, the parUes hereto have entered into thi~ agreement the day and year first w~..itten above. ATTEST: City Clerk Approved as to Form: CITY OF DEl,RAY BEACH, l~,ORmA, a Florida municipal corporation By:. David 8chmidt, Mayor City Attorney (Print or Type Name) STATE OF FLOP. IDA COUNTY OF ~:>~¢~" Siegler # CC 7b'7~1 The foregoing inst~.~nt was ac~:n, owlcdged before me this ~"~'} day of (name of officer or agent, title of (n~me of corporation of .the corporation. He/She an oath. I (s~a~ or place of in~poration) corporation, on behalf is personally known to me or has produced (type of id~fication) ~ntification and did (did not) take '~ Signature of Nblary l~blic- State of Florida EVENT 3 [ITY IIF I]ELIIIIY BEI:I£H DELRAY BEACH ~ro: ~993 2ool FROM: 100 N.W. 1st AVENUE MEMO DUM David T. Harden, City Manager nRortA. Barcinski, Assistant City Manager DATE: October 31, 2001 DELRAY BEACH, FLORIDA 33444 561/243-7000 SUBJECT: AGENDA ITEM CITY COMMISSION MEETING NOVEMBER 6, 2001 SPECIAL EVENT APPROVAL - ART & JAZZ ON THE AVENUE AGIION City Commission is requested to endorse the next Art & Jazz on the Avenue scheduled for December 6, 2001 from 6:00 p.m. to 11:00 p.m., to grant a temporary use permit per LDR Section 2.4.6. (H) for the closure of Atlantic Avenue from Swinton to N.E. 7t~ Avenue, the south side of Atlantic Avenue from N.E. 7th Avenue to just past the Blue Anchor Pub, Railroad Drive from Atlantic to N.E. 1st Street, and NE 2ncl Avenue from Atlantic to NE 2"a Street and to authorize staff support for security and traffic control, banner hanging and removal, barricade set up and removal, clean up, use and set up of City stages. BAGK6ROUND Attached is a request for approval and City assistance for this event from Marjorie Ferrer. The estimated overtime cost for this event is $6,925. City Commission capped the amount the City would pay for overtime at $6,500 for the last event. Actual overtime costs for last year's event were $5,300. Attached is a copy of a certificate of insurance and hold harmless agreement; also attached is a copy of the event budget. This is not a new event. RECOMMENDATION Staff recommends endorsement of the event, approval of the temporary use permit and street closure, staff support as requested, use of stages and City barricades, setting an upper limit of $6,500 for overtime costs with any difference to be paid by the Joint Venture. RAB/tas CC: Lt. Geoff Williams Joe Weldon Rich Olson FiIc:U:SWEENEY/EVENTS Doc:Art & Jazz December 2001 Printed on Recycled Paper THE EFFORT ALWAYS MATTERS October 25, 2001 Mr. Robert A. Barcinski City of Delray Beach 100 N.W 1st Avenue Delray Beach, FL 33444 avenue RE' AGENDA ITEM - CITY COMMISSION APPROVAL SPECIAL EVENT REQUEST - ART & JA?7 ON THE AVENUE Dear Mr. Barcinski' City Commission is requested to endorse the Art & Jazz on the Avenue event scheduled for Thursday, December 6, 2001 and to grant a temporary use permit per LDR'S section 2.4.6(H) for use of City property and right of way. We are requesting street closure on Atlantic Avenue from: o Swinton Avenue to 7th Avenue o South side of Atlantic Avenue from 7th to just past the Blue Anchor Pub o Railroad Way from Atlantic Avenue to N.E. 1't Street o NE 2"d Avenue from Atlantic Avenue to NE 2nd Street Closure will be from 6:00 p.m. to 11:00 p.m. We are requesting that the City provide staff support for barricade setup and removal, trash removal and clean up, police security for traffic control, monitoring the FEC railway crossing, stage use setup and removal, and banners and signage setup and removal. The City support of this event, with no charge to the Joint Venture, is crucial to our success Your consideration and cooperation is very much appreciated. Sincerely, MARJORIE FERRER Downtown Coordinator DELRAY BEACH JOINT VENTURE * Community Redevelopment Agency * Delray Beach Chamber of Commerce * Downtown Development Authority 64-A S E Fifth Avenue, Delray Beach, FL 33483 * Tel 561-278-0424 * 561-278-0555 * www delraybeachwllagebythesea.com 14:47 FAX 15912755244 V~o~e:561-275-5221 ~a.x:561-276-~244 PLAST~ID~ (~ 00 2/ 00 3 CERTIFICATE OF LIABILITY INSURANC~_-2,,,~ 01/lO/OH D64_ S. ~.. Sth COVERAGES ANY I:~UIR~VlENT, TERM O~R CoNon"iON OF ~ CO~ O~ OTH~ ~ W~ ~SP~ ~ ~ ~ ~TE ~Y Bg ~U~ OR an ~ A~Ue & 8 S~r ~ght~ ~ ~e A~ lantle SPECIAL EVENT HOLD HARMLESS AGREEMENT The Downtown Delray Beach Joint Venture in consideration of the payment of ten (10) (Name of Entity) dollars, receipt of which is hereby acknowledged, agrees to indemnify, hold harmless and defend the City of Delray Beac,n, its agents and employees from all suits, actions and claims including attorney's fees and costs attendant to any claim, litigation, administrative proceeding, appeal and judgment of every name and description brought against the City as a result of loss, damage or injury to person or property adsing from and in exchange for the Downtown Detray Beach Joint Venture use of City facilities or (Name of Entity) property for the special event of Art & Jazz on the Avenue* and hereby releases the City of Delray Beach, its agents and employees from all suits, actions and claims including attorney's fees and costs attendant to any claim, litigation, administrative proceedings, appeal and judgment of every name and description brought against the City as a result of loss, damage or injury to person or property adsing from the special event of Art & Jazz on the Avenue (Name of Entity) * This Indemnification and Hold Harmless and Defend A~lreement is only to th& extent of insurance maintained by the Downtown Delray Beach Joint Venture as covered under Scottsdale Insurance Company Policy number CLS0737702 Art & Jazz on the Avenue (Name of .Special Event) Witness (Please type or print name) Witness ~ Name C Michael Listick (Please type or pdnt name) Chairman, Delray Beach Joint Venture Title Please type or pdnt name) DELRAY BEACH JOINT V~ · Commumty Redevelopment Agency · DeE'ay Beach Chamber of Commerce * Downtown Development Authority 6-1-A S.E. Fifth Avenue, Delray Beach, FL 33483 · Tel: 561-278-0424 · 561-278-0555 · www delraybeachvdlagebythesea,com MEMORANDUM TO: FROM: SUBJECT: MAYOR AND CITY COMMISSIONERS CITY MANAGER ~ AGENDA ITEM # ~"~-~- REGULAR MEETING OF NOVEMBER 6, 2001 REVIEW OF APPE~LE LAND DEVELOPMENT BOARD ACTIONS DATE: NOVEMBER 2, 2001 Attached is the Report of Appealable Land Use Items for the period October 15, 2001 through November 2, 2001, it informs the Commission of the various land use actions taken by the designated boards that may be appealed by the City Commission. Recommend review of the appealable actions for the period stated. Receive and file the report as appropriate. RefiApagmemo.Appealables.11-02-01 TO: THRU: FROM: SUBJECT: DAVID T. HARDEN, CITY MANAGER PAUL DORLING, DI(~Ui~CTOR OF PLANNING AND ZONING ALLEN, PLANNER MEETING OF NOVEMBER 6, 2001 *CONSENT AGENDA* REPORT OF APPEALABLE LAND USE ITEMS OCTOBER 15, 2001 THRU NOVEMBER 2, 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 October 15, 2001 through November 2, 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. A. Approved with conditions (4 to 0, Peltzie and Hasner absent, Pike stepped down) a master plan modification to change the land use designation from light industrial to office center for Delray Park of Commerce - Tract D, located on the east side of NW 17th Avenue, north of Lake Ida Road. No other appealable items were considered by the Board. The following items will be forwarded to the City Commission for action. Recommended approval (4 to 0, Pike stepped down) a conditional use request to allow the establishment of a bazaar to be known as the Antique Experience, located at the southeast corner of East Atlantic Avenue and SE 5th Avenue (southbound Federal Highway). City Commission Documentation Appealable Items Meeting of November 6, 2001 Page 2 Recommended approval (5 to 0), of a conditional use modification request associated with the conversion of two single family residences to administrative and maintenance buildings, increasing the sanctuary seating from 204 to 270 seats and construction of a stabilized sod parking lot for Bethel Evangelical Church, located at the northeast corner of SW 8th Avenue and SW 8th Court. Recommended approval (5 to 0), of a conditional use request to allow the establishment of a kennel to be known as Pet Nanny within the Park Ten industrial complex, located on the south side of SW 10th Street, east of 1-95. Recommended approval (5 to 0), of an abandonment request for a portion of Palm Trail, lying approximately 92 feet south of the Centedine of Allen Avenue, adjacent to Lot 25, and the south half of Lot 26, Block B, Snow Hill Subdivision. Recommended approval (5 to 0) of an amendment to the Land Development Regulations Section 2.2.6(B)(2) regarding the composition of and special qualifications for the Historic Preservation Board. Recommended approval (4 to 0, Sowards stepped down) of the combined preliminary/final plat for The Estuary II, a proposed 22-unit townhouse development, located on Royal Palm Boulevard, east of North Federal Highway. Approved (4 to 1, Dowd, Perez-Azua absent, Sneiderman dissenting), a request for a flat wall sign and a freestanding sign panel change for Citibank, located within the Hamlet Plaza on the north side of West Atlantic Avenue, between Homewood Boulevard and Hamlet Drive (4071 West Atlantic Avenue). Approved 4 to 0 (DeCapito stepped down), the master sign program for Delray Bay, located at the southwest corner of South Federal Highway and Lindell Boulevard. o Approved with conditions (5 to 0), a blanket sign program for Delray Beach Shopping Center (aka Antique Mall), located at the southwest corner of North Federal Highway and NE 14th Street (Lake Avenue). An appeal by the applicant of the conditions associated with the approval has been received. Approved (5 to 0), the architectural elevation plan associated with the installation of decorative tiles upon the building elevations for the existing commercial building located at 198 NE 6th Avenue [west side of NE 6th Avenue (northbound Federal Highway), south of NE 2nd Street]. 5. Approved with conditions (5 to 0), the architectural elevation plan associated with the installation of decorative tiles upon the building elevations for Kokopelli, an existing mixed-use (residential and commercial) development located on the west side of NE 6th Avenue(northbound Federal Highway), south of NE 2nd Street (124- 152 NE 6th Avenue). City Commission Documentation Appealable Items Meeting of November 6, 2001 Page 3 Approved with conditions (5 to 0), a request for a color change for Cheeburger Cheeburger of Delray Beach, located at the southwest corner of East Atlantic Avenue and SE 5th Avenue (southbound Federal Highway) - 450 East Atlantic Avenue. Approved with conditions (5 to 0), a request for an extension (expiring May 24, 2003) for a Class IV site plan modification for Drug Abuse Foundation Residential Dormitory, located at the southwest corner of Swinton Avenue and SW 4th Street. o Approved (4 to 0, Sneiderman stepped down), the architectural elevation plan associated with the installation of awnings for St Mary's The Virgin Anglican Church, located at the southeast corner of West Atlantic Avenue and Homewood Boulevard. Approved (5 to 0), the architectural elevation plans associated with the conversion of a service garage into convenience store floor area for Sherwood Texaco, located at the southeast corner of Congress Avenue and SW 10th Street. 10. Approved (5 to 0), the architectural elevation plan associated with the installation of a screen enclosure at the Delray Beach Fire Rescue Headquarters, located at the northeast corner of West Atlantic Avenue and NW 6th Avenue. Il.Approved with conditions (5 to 0), a Class V site plan, landscape plan and architectural elevation plan associated with the construction of a four unit building for Residence for Retired Priests, located south of Sherwood Boulevard, east of the Emmanuel Catholic Church. 12.Approved (6 to 0, Stewart absent), a request for a color change for Gracey Backer Insurance, located at the northwest corner of George Bush Boulevard and NE 3rd Avenue. 13. Approved (6 to 0), the landscape plan associated with the construction of a new three-story office/storage building at Delray Lincoln Mercury, located on the west side of South Federal Highway, south of Linton Boulevard (a Class IV site plan modification and architectural elevation plan were previously approved by the Board. 14.Approved (5 to 0, Eliopoulos stepped down), the architectural elevation plan associated with the renovation of the exterior of the building at the Spanish River Resort, located at the northeast corner of East Atlantic Avenue and Seabreeze Avenue. 15. Approved with conditions (6 to 0), a Class V site plan, landscape plan and architectural elevation plan associated with the demolition of the Stone Grove Coffee Restaurant and construction of a 2,999 sq. ft. Pollo Tropical Restaurant, City Commission Documentation Appealable Items Meeting of November 6, 2001 Page 4 located at the southeast corner of Linton Boulevard and SW 10th Avenue. Concurrently, the Board approved a waiver request reducing the stacking distance of the drive through lane from 100 feet to 80 feet. Approved (5 to 0, Jamison and Bodker absent), a request for a Certificate of Appropriateness associated with a building addition at 330 SE 7th Avenue, a non- contributing single family residence located within the Marina Historic District. By motion, receive and file this report. Attachment: Location Map. CITY OF DELRAY BEACH, FLORIDA - City Commission Meeting - November 6, 2001 GUI,F S TREA~ ~.'CD .I L I L ...................... i i ATLANTIC ~-- ....... ,. ,. I' ill je ..... J L ~i~ i g ..... _1 L..~ CANAL N W 2ND ST S W 2ND ST $W C-15 CANAL S.P.R.A.B.: 1. CITIBANK 2. DELI,AY BAY 3. DELRAY BEACH SHOPPING CENTER 4. 198 NE 6TH AVENUE ,5. KOKOPELLI 6. CHEESEBURGER, CHEESEBURGER OF DELRAY BEACH 7. DRUG ABUSE FOUNDA TION DORMITORY 8. ST. MARY'S THE VIRGIN ANGLICAN CHURCH 9. SHERWOOD TEXACO 10. DELRA Y BEACH FIRE RESCUE HEADOUARTERS 11. RESIDENCE FOR RETIRED PRIESTS 12. GRACEY BAKER INSURANCE 13. DELRAY LINCOLN MERCURY 14. SPANISH RIVER RESORT 15. POLLO TROPICAL A. DELRA Y PARK OF COMMERCE TRACT D H.P.B.: X. 330 SE 7TH A VENUE ......... CITY LIMITS ....... *-- ONE MILE GRAPHIC SCALE CITY OF DELRAY BEACH, FL PLANNING & ZONING DEPARTMENT 1999 - - DIGITAL BASEMAPSYSTEM-. MEMORANDUM TO: FROM: SUBJECT: DATE: MAYOR AND CITY COMMISSIONERS CITY MANAGER ~ AGENDA ITEM ~ - REGULAR MEETING OF NOVEMBER 6, 2001 AWARD OF BIDS AND CONTRACTS NOVEMBER 2, 2001 This is 1. before the City Commission to approve the award of the following purchases: Purchase award in the amount of $206,314.94 to Presidio Corporation, for professional computer services and equipment (backbone infrastructure) to be used in various departments. This emergency purchase was made to take advantage of a 37% cost savings. Funding is available from 334-6112-519-64.40 (Backbone Infrastructure). Purchase award in the amount of $24,821.85 to Presidio Corporation, for backbone infrastructure management software to be used in connection with the purchase of backbone infrastructure computer equipment. This emergency purchase was made to take advantage of a 37% cost savings. Funding is available from 334-6112-519-64.11 (Computer Equipment). Purchase award in the amount of $25,517 to Electronic Services, Inc., for replacement of Pump N2 variable frequency drive unit located at the north pump station. Funding is available from 442-5178-536-64.90 (R&R-Other Machinery & Equipment). Purchase award in the amount of $29,295 via the Broward County Co-op agreement #8998 to Safety Equipment Company for the purchase of 135 sets of replacement boots for use by Fire Department personnel. Funding is available from 115-000-248-64.00. Purchase award in the amount of $38,434.50 to Municipal Equipment Company for the purchase of 146 helmets for use by Fire Department personnel. Funding is available from 001-2313-522-52.22 for $1,350, 001-2315-526-52.22 for $18,000, and 115-000- 248-64.00 for $19,084.50. Purchase award in the amount of $31,132.00 to Dale Carnegie Training for Police Department training courses titled "Leadership Training for Managers" as part of a leadership training program for Command Staff. Funds are available from 115-2124- 521-54.30 (Training/Educational Cost), as part of the Local Law Enforcement Block Grant 2001. Recommend approval of the purchase awards listed above. RefBld Agmemo I 1 06 01 To~ From: Date: David T. Harden, City Manager M. ~ance Director Joseph October 25, 2001 Subject: Commission Approval for Purchase of Backbone Infrastructure The Finance Department, with your approval, has processed P.O. #599208 to Presidio Corporation for $206,314.94 for the purchase of backbone infrastructure. This purchase consists of the following: 1. Professional services and equipment to finalize our conversion from token ring topology to fast Ethernet topology 2. Main Cisco switch for City Hall 3. Secondary Cisco switches for the Police Department and Environmental Services 4. Other switches for Parks and Recreation Department 5. Wireless connections from the Police Department tower to Pompey Park and the Ocean Lifeguard Headquarters These costs are in accordance with Florida State Contract #250-040-99-1. In actuality, Presidio has authorized a 2% discount below the State Contract because the purchase order was executed prior to October 31~t which was their year-end. We would appreciate the submittal of this item to the City Commission for their approval on the November 6th meeting Attached to this transmittal letter is a copy of the purchase order and additional justification materials. Thank you. Cc: Richard Zuccaro, MIS Manager Proposed Backbone Infrastructure Description and Justification We are currently operating the City's computer infrastructure with a fiber optic backbone using IBM switches with "Token Ring" (data transmission) topology. This has served the City well for fifteen years, however technology has advanced exponentially and the current backbone infrastructure is struggling to handle today's automation demands. The proposed infrastructure changes will be good for at least eight years, bring the City up to current industry standards and provide faster, more efficient, cost effective processing. Additionally it will position to take advantage of new technology i.e., Telephony, VPN (an improved communication method, replacing the current problematic dial-up access for remote sites) and Wireless communications. As I stated the current fiber backbone was an excellent investment and is still state-of-the- m today. The internal cabling (IBM Typed is sufficient for now, allowing for a maximum of 100mb data transfer rate (currently nmning at 16mb as a limitation of our 'Token Ring" topology). Therefore, we must first address the main restriction which is the slow 16mb data transmission transfer rate. To accomplish this we must migrate from the current Token Ring topology to the current industry standard "Fast Ethernet" which will accommodate 100mb and more. Fast Ethernet hardware is also more cost effective, for example the Token Ring cards used in each PC cost about $200 each where the Fast Ethernet cards cost $80 each. The fiber optic line and Fast Ethernet Topology will handle data transfer rates up to lgb on the backbone, the only restriction is our current internal (IBM Typel) cabling with 100mb to the desktops. Therefore we would want to include replacing our internal (IBM Typel) cabling to fiber or CAT5E (RJ45) in our long range plan to accommodate the future lgb transfer rate. In order to convert/migrate to Fast Ethernet Topology we must first re-engineer or upgrade our current backbone irrfi:astmcture utilizing intelligent Cisco switches, hubs and balums. Attached is a diagram of the proposed backbone divided into six (6) major components, Police Department (90% completed), City Hall, Environmental Services Complex, Fire Department, City Attorney's Office, and Parks and Recreation with the necessary hardware (switches and hubs) and a cost breakdown for each component. Additionally, upgrading and securing aH existing communications closets/racks is also included in this proposal. In summary, our final objective will be a "Large Campus Network". A typical large carnpus network connects multiple buildings with each other across a high-performance, switched backbone on the main campus with emphases on management and performance. Large campus networks are also used to create an intranet or connect to the Interact. They typically have requirements for high availability, performance, and manageability in handling high bandwidth applications, and services such as voice, video, and IP multicast. As web technologies and applications are deployed throughout enterprise networks, the application of Internet-class technology into intranets is necessary to scale campus networks to meet rising demands. Cisco Switches and Hubs Catalyst~ 6009 at City, Hall (Main Switch) The Catalyst® 6000 family, consisting of the Catalyst 6500 series and the Catalyst 6000 series, delivers high-performance, multilayer switching solutions for Enterprise and Service Provider networks. Designed to address the increased requirements for gigabit scalability, high- availability, and multilayer switching in backbone/distribution and server-aggregation environments, the Catalyst 6000 family delivers exceptional scalability and price/performance, supporting a wide range of interface densities, performance, and high-availability options. By combining superior control-plane and packet-forwarding scalability with a rich set of intelligent services, the Catalyst 6000 family delivers the foundation for new-world Enterprise and Service Provider solutions, such as converged voice/video/data and e-commerce services. · New, industry-leading intelligent services in areas of QoS, high-availability and security, enabling multiple deployment options across Service Provider and Enterprise networks. · Catalyst 6000 family Intrusion Detection System (IDS) module provides comprehensive attack detection against unauthorized and malicious activities, integrating the switching and security functionality in the same chassis. Catalyst~ 4006 at PD and ESD (Secondary, Switches) Cisco Systems introduces new Catalyst® LAN solutions for the Catalyst 4000 family that extend the network services of a Catalyst switch-based backbone to the enterprise wiring closet and branch office. Cisco Systems expands the breadth and depth of its AVVID (architecture for voice, video, and integrated data) solutions with additions and enhancements to its popular Catalyst® 4000 family switches. The Catalyst 4000 family extends convergence to the enterprise wiring closet and branch office with a premium, modular architecture that is consistent with the Catalyst backbone. With fully extended access to AVVID anywhere in the enterprise, networks can enjoy seamless communication and collaboration between the corporate site and branch offices. The Catalyst 4000 family is designed to integrate the features/performance required in today's wiring closets, while protecting the seamless introduction of tomorrow's enterprise enhancements. Wiring closet requirements include wired and wireless PC connections, IP-Telephony appliances and gateways, multicast streaming applications (such as IPTV), and gigabit to the desktop. In the future, Layer 4-7 services, 10-Gigabit connections to the backbone, plus evolving new standards. The Catalyst 4000 modular chassis solution offers flexibility to meet these needs today and tomorrow. Catalyst~ 3500 at FD~ CA and Park & Rec. (Fast Ethernet) The Cisco Systems Catalyst 3500 series XL is a scalable line of stackable 10/100 and Gigabit Fast Ethernet switches that deliver premium performance, manageability, and flexibility, with unparalleled investment protection. This line of low-cost, high-performance switching solutions is ideal for midsize networks deploying Internet business applications such as IP telephony, e- commerce, and ERP. Cisco's latest addition to this family is the Catalyst 3524-PWR series XL featuring integrated inline power for lP telephony Proposed Backbone Infrastructure City Hall Fiscal 01-02 Description Capital Items Page 1 Qt~ Unit Price Total Price Catalyst 650c,' Chassis Catalyst 600(, 1300W AC Power Supply Catalyst 600(, Second 1300W AC Power Supply AC POWER CORD NORTH AMERICA Catalyst 600(, Supervisor 1 Flash Image w/SSH, Release 6.1.1 Catalyst 600f, Supervisor Engine I-A, 2GE, plus MSFC-2 & PFC Catalyst 600(, MSFC2 IOS IP Catalyst 600(, MSFC-2 Mem, 128MB DRAM Option *Cat. 6000 R-.d. Sup IA, 2GE, w/MSFC2 & PFC (Lq Chassis only) Catalyst 600(, MSFC2 lOS IP Catalyst 600(, MSFC-2 Mem, 128MB DRAM Option Catalyst 600(, 16-port Gig-Ethernet Mod. (Req. GBICs) Catalyst 600(, 48-port 10/100, Upgradable to Voice, Enh QoS 1000BASE-SX 'Short Wavelength' GBIC (Multimode only) 8x5xNBD Service, Catalyst 6509 Catalyst 354[ XL Enterprise Edition Power Cord, 110V 8xSxNBD Svc, Catalyst 3548 XL Catalyst 3524 XL Enterprise Edition Power Cord, 110V 8x5xNBD Svc,WS-C3524 PIX 515UR Bundle (Chassis, unrestricted SW, 2 FE ports) Power Cord, 110V PIX v5.3 Sot~ware for the PIX Chassis ONE 10/100 Mbps ETHERNET INTERFACES, IL145 8xSxNBD Sve, PIX-515~UR-BUN Chassis S/W Lie bundle PIX 515FO l:.undle (Chassis, failover SW, 2 FE ports) Power Cord, 110V PIX v5.3 Software for the PIX Chassis ONE 10/100 Mbps ETHERNET INTERFACES, ILI45 8xSxNBD Svc, PIX-515-FO-BUN Chassis S/W Lie bundle 1 $6,396.00 $6,396.00 1 $2,556.00 $2,556.00 1 $2,556.00 $2,556.00 2 $0.00 $0.00 1 $0.00 $0.00 1 $20,397.00 $20,397.00 1 $0.00 $0.00 1 $0.00 $0.00 1 $10,197.00 $10,197.00 1 $0.00 $0.00 1 $0.00 $0.00 1 $13,597.00 $13,597.00 1 8316 8316 8 $320.00 $2,560.00 I $6,250.00 $6,250.00 $72,825.00 4 $3,397.00 $13,588.00 4 $0.00 $0.00 4 $475.00 $0.00 $13,588.00 2 $2,037.00 $4,074.00 2 $0.00 $0.00 2 $375.00 $0.00 $4,074.00 1 $8,160.00 $8,160.00 1 $0.00 $0.00 I $0.00 $0.00 1 $136.00 $136.00 1 S0.00 $0.00 1 $2,040.00 $2,040.00 I $0.00 $0.00 1 $0.00 $0.00 1 $136.00 $136.00 1 $0.00 $0.00 Extra items Product WS-G5484 1000BASE-SX 'Short Wavelength' GBIC (Multimode only) WS-G5486 1000BASE-LX/LH qong haul' GBIC (singlemode or multimode) ws-x3500-xl 3548 uplink cables for both 3524/3548 Compaq rack Vertical Mount 21 receptacle DS6 Six-slot base unit for Vertical Mount DS72 Ethernet (Telnet) Host for Vertical Mount $320.00 $1,020.00 $170.00 $1,900.00 $600.00 $200.00 $350.0O $1,280.00 $4,080.00 $680.00 $5,700.00 $3,000.00 $200.00 $35O. OO DS74 Four-port RS-232 for Verticle Mount Smart-ups 700 RM 2U Smart-ups 1400 RM 5U XL Management SmartSlot Cards 24 by 26 inch Wall Mount Rack K~t Cables & Baluns Fibercat Network Cabling Services 2 10 2 12 6 200 1 $100.00 $500.00 $1,220 O0 $230.00 $835.00 $60.00 $3,000.00 $200.00 $5,000.00 $2,440.00 $2,760.00 $5,010.00 $12,000.00 $3,000.00 $45,700.00 City Hall Total $146,655.00 Capital Items Page 2 Proposed Backbone Infastructure Environmental Services Complex Fiscal 01-02 Description Qty Unit Price Total Price WS-C3524-XL-EN WS-C3548-XL-EN CAB-AC CON-SNT-WS-C3548 CAB -AC WS-G5484 WS-G5486 CON-SNT-WS-C3524 Catalyst 3524 XL Enterprise Edition Catalyst 3548 XL Enterprise Edition Power Cord, 110V 8x5xNBD Sve, Catalyst 3548 XL Power Cord, 110V 1000BASE-SX ~hort Wavelength' GBIC (Multimod 1000BASE-LX/LH long haul' GBIC (singlemode or multimode) 8xSxNBD Sve,WS-C3524 4 1 4 1 1 10 4 $2,037.00 $3,397.00 $0.00 $475.00 $0.00 $320.00 $1,020.00 $375.00 $8,148.00 $3,397.00 $0.00 $0.00 $0.00 $3,200.00 $4,080.00 $1,875.00 $20,700.00 WS-C4006-S2 SC4K-SUP-6.1.1 CAB-7KAC WS-X4148-RJ WS-X4232-GB-RJ WS-X4306-GB Catalyst 4000 Chassis (6-Slot),Suprvsr IL(2)AC PS, Fans Catalyst 4KSupervisor Flash Image, Release 6.1.1 AC Power Cord North America Catalyst 4000 10/100 Auto Module, 48-Ports (IL1-45) Catalyst 4000 E/FE/GE Module,2- GE(GBIC),32- 10/100 (R J-45) Catalyst 4000 G-igabit Ethernet Module, 6-Ports (GBIC) CON-SNT-WS-C3524 8x5xNBD Svc. Cat4000 (6-Slot) SuprvsrlL (2) AC PS Fans $8,157.00 $0.00 $0.00 $3,057.00 $3,057.00 $2,037.00 $1,675.00 $8,157.00 $0.00 $0.00 $3,057.00 $3,057.00 $2,037.00 $1,675.00 $17,983.00 Environmental Services Total $38,683.00 Capital Items Page 3 Proposed Backbone Infastructure City Attorney Fiscal 01-02 Description QTY Unit Price Total Price WS-C3524-XL-EN CAB -AC WS-G5486 CON-SNT-WS-C3524 Catalyst 3524 XL Enterprise Edition Power cora,l 10V 1000BASE-LX/LH long haul' GBIC (singlemode ultimode) 8x5xNBD Svc,WS-C3524 $2,037.00 $2,037.00 $0.00 $0.00 $1,020.00 $4,080.00 $375.00 $375.00 $6,492.00 Parks & Rec Fiscal 01-02 WS-C3524-XL-E CAB -AC WS-G5486 CON-SNT-WS- C3524 Catalyst 3524 XL Enterprise Edition Power Cora'l 10V 1000BASE-LX/LH long haul' GBIC (singlemode 8x5xNBD Svc,WS-C3524 Fire Dept Fiscal 01-02 WS-C3548-X Catalyst 3548 XL Enterprise Edition EN CAB-AC Power Cora'110V WS-G5486 1000BASE-LX/LH long haul' GBIC (singlemode or multin CON-SNT-% 8x5xNBD Svc, Catalyst 3548 XL C3548 City Attorney, Parks & Rec, Fire Dept. Total $2,037.00 $2,037.00 $0.00 $0.00 $1,020.00 $4,080.00 $375.00 $375.00 $6,492.00 $3,397.00 $3,397.00 $0.00 $0.00 $1,020.00 $4,080.00 $475.00 $475.00 Total $7,952.00 $20,936~00 City Total PURCHASE ORDER DATE: 10/Z,~,'ZO0 ! VENDOR: DTV I]F I]EIHIV BEI 31 DELRAY BEACH, FLORIDA 33444 561/243-7115 SHIP TO. THIS NUMBER MUST APPEAR ON ALL INVOICES, PACKING LISTS, LABELS, BILLS OF LADING AND CORRESPONDENCE THE PRESIDIO COORATION City Of Delray Beach Florida 5100-JPHILADELPHDA WAY CITY HALL LANHAM MD 20706 MANGT. INFO. SYSTEMS 100 NW 1ST AVENUE DELRAY BEACH FL 334&~ :~' ;~vENDoR"NO~;J~' ~;i~ ~DATE'NEEDED~i~:~ OB: ~'F ~,~O~hRM TO~J~ F~:~J;~F~'~' 1~060 10/30/Z001 RICK HANNAH 95~-3~6-Z3Z8 FLYNN/ZUCCARO O0000925~Z NET ! l. O0 EA BACKBONE INFRASTRUCTURE HARDWARE 179965.95 179965 FOR ITEMS REFER TO QUOTE KNR-38Z!3 CONTACT KELLI ROBERTS 301-955-3518 FAX 301-955-36ZZ Z 1,00 EA TOKEN RING TO ETHERNET CONVERSION 8~00,00 8~00.0( STATE OF FLORIDA PROFESSIONAL SERVICES CONTRACT ~ 973-586-99-1 3 1.00 EA WIRELESS CONNECTION FOR REMOTES 179~8.99 179~8 FOR POLICE, POMPEY , LIFEGUARDS OUOTE KNR3858Z TOTAL Z0631~. REMARKS: AND FLORIDA STATE CONTRACT CLIENT SERVIER ffZ50-040-99-1 ACCOUNT: 33+61 iZ5 1964~0 BILL TO: CITY OF DELRAY BEACH ACCOUNTS PAYABLE 100 N.W. 1st AVENUE DELRAY BEACH, FLORIDA 33444 FLORIDA STATE SALES TAX EXEMPTION CERTIFICATE NO. 60-08-;,16241-54C APPROVED ORDER SUBJECT TO TERMS AND CONDITIONS AS ON REVERSE OR ATTACHED VENDOR Quote Number: KNR-38582 Prepared by Kelli Roberts PInone: 301-955-3518 Fox: 301-955-3622 Email: kroberts@presidio.com Local TM: Rick Hannah Phone: 301-955-3597 Email: rhannah@presidio.com Date: Custom~zed Quotahon for. Montri Chaisakul City of Delray Beach 100 NW 1st Ave Delray Beach, FL 33444 Phone: 561-243-7116 Fax: 561-243-7147 Email: 10/22/2001 Part Number Description Qty. List Price Ext. Total I~olice Department HQ AIR-BR350A-K9 350 SER WLSS BRG, DSSS 128 WEP 1 $ 1,999 $ 1,259.37 $ 1,259.37 AIR-420-003346-100 LOW LOSS COAXCABLE 100' 1 $ 169 $ 106.47 $ 106.47 AIR-ACC3986-001 SLIDE MOUNT KIT FOR BRIDGES 1 $ 79 $ 49.77 $ 49.77 AIR-ANT4121 12 dbi OMNI ANTENNA I $ 695 $ 437.85 $ 437.85 AIR-ANT3338 21 dbi DISH ANTENNA 0 ~ 1,069 ~ 673.47 ~ - f 1,853.46 Pompey Park AIR-BR350A-K9 350 SER WLSS BRG, DSSS 128WEP 1 ~ 1,999 ~ 1,259.37 ~ 1,259.37 AIR-420-003346-100 LOW LOSS COAXCABLE 100' 1 $ 169 $ 106.47 $ 106.47 AIR-ACC3986-001 SLIDE MOUNT KIT FOR BRIDGES 1 $ 79 $ 49.77 $ 49.77 AIR-ANT1949 5.2 dbi OMNI ANTENNA 1 $ 369 $ 232.47 $ 232.47 $ 1,648.08 Life~luards HQ AIR-BR350A-K9 350 SER WLSS BRG, DSSS 128 WEP 1 ~ 1,999 ~ 1,259.37 ~ 1,259.37 AIR-420-003346-100 LOW LOSS COAX CABLE 100' 1 ~ 169 :~ 106.47 ~ 106.47 AIR-ACC3986-001 SLIDE MOUNT KIT FOR BRIDGES 1 $ 79 $ 49.77 $ 49.77 AIR-ANT1949 5.2 dbi OMNI ANTENNA 1 $ 369 $ 232.47 $ 232.47 $ 1,648.08 Spares AIR-BR350A-K9 I350SER WLSS BEG, DSSS 128 WEP J 1I 1,999 1~ 1,259.37 j $ 1,259.37 I $ 1,259.37 Maintenance CON-STLOC* JSMARTnet8xSxNBD on 350 Series Wireless BridgeI12I $ 16015 I$ - I - Poles and Mechanical Parts Poles and antenna suspensions to include: 1 ~ 7,190 ~ 7,190.00 ~ 7,190.00 Non-penetratin~l roof mounts 1 ~ ~ - Omni Antenna Brackets 1 :~ ~ Telescopic Antenna Mount 1 :~ ~ $ 7,190.00 Services Consulting (Site Support) - Install, Config & Start up 3 $ 1,250 $ 1,250.00 $ 3,750.00 Expenses-Traveling and others 1 $ 244 $ 244.00 $ 244.00 Permitting Expenses - Permitting application with city 1 $ 356 $ 356.00 $ 356.00 J; 4,350.00 State of Florida Client/Server Contract Contract Number: 250-040-99-1 Page 1 of 2 Quote Total Tax ID: 58-1667655 S~ze Business: Small 100% Woman-owned Quote Number: KNR-38213 Prepared by: Kelli Roberts Phone: 301-955-3518 Fax: 301-955-3622 Er'nail: kroberts@presidio.com Local TM: Rick Hannah Phone: 301-955-3597 Email: rhannah@presidio.com Da te: 10/22/2001 Custom~zed Quotation for: Montri Chesukul City of Delray Beach 100 NW 1st Ave Delray Beach, FL 33444 Phone: 561-2437116 Fax: 561-243-7147 Email: Part Number Description Qty. List Price Ext. Total Core Switch WS-C6509- Catalyst 6509 Chassis w/1300W AC Power 1 $ 13,990 $ 8,813.70 $ 8,813.70 1300AC= Supply Catalyst 6000 Second 1300W AC Power WS-CAC-1300W/2 Supply 1 $ 3,995 $ 2,516.85 $ 2,51. 6.85 cAB-7513AC AC POWER CORD NORTH AMERICA 2 $ $ $ - Catalyst 6000 Supervisor 2 Flash Image w/SSH, SC6K-SUP2K9-6.2.2 Release 6.2.2 1 $ $ $ - WS-X6K-S2-MSFC2 Catalyst 6500 Supervisor Engine-2, 2GE, plus 1 $ 34,995 $ 22,046.85 $ 22,046.85 MEM-C6K-FLC16M Catalyst 6000 Supervisor PCMCIA Flash Mere Card, 16MB Option 1 $ 400 $ 252.00 $ 252.00 S6MSFC2DV- 12107E Catalyst 6000 MSFC2 lOS IP/IPX W/VIP 1 $ 2,000 $ 1,260.00 $ 1,260.00 MISC ~MEM-MSFC2-128MB 1 $ $ - WS-X6K-S2-MSFC2 *Cat 65[]0 Red. Sup2, 2GE, MSFC2 & PFC2 (In 1 $ 17,495 $ 11,021.85 $ 11,021.85 Chassis Only) Catalyst 6000 Supervisor PCMCIA Flash Mere MEM-C6K-FLC16MCard, 16MBOpton 1 $ 400 $ 252.00 $ 252.00 S6MSFC2DV-121071Catalyst 6000 MSFC2 lOS IP/IPX W/VIP 1 $ 2,000 $ 1,260.00 $ 1,260.00 MISC MEM-MSFC2-128MB 1 $ $ - WS-X6348-RJ-45 Jcatalyst 6000 48-port 10/100, Upgradable to Voice, Enh QoS 1 $ 12,995 $ 8,186.85 $ 8,186.85 WS-X6348-RJ45V Catalyst 6000 48-port 10/100, Enh QoS, Inline Power, R J-45 2 $ 15,995 $ 10,076.85 $ 20,153.70 WS-X6516-GBIC Catalyst 6500 16-port GigE Mod: Fabric- Enabled,(Req. GBICs), 2 $ 24,995 $ 15,746.85 $ 31,493.70 WS-G5484 1000BASE-SX "Short Wavelength" GBIC 8 $ 500 $ 315.00 $ 2,520.00 (Multimode only) WS-G5486 1000B. ASE-LX/LH"Ion,q haul" GBIC (sin,qlemode 6 $ 995 $ 626.8'5 $ 3,761.10 En~lineering Buildinc. Switch JWS-C4006-S2 Catalyst 4000 Chassis (6-Slot),Suprvsr 11,(2)AC 1 $ 11,995 $ 7,556.85 $ 7,556.85 PS, Fans SC4K~SUP-6.3.1 Catalyst 4K Supervisar Flash Image, Release 1 $ $ $ 6.3.1 CAB-TKAC AC Power Cord North America " 3 $ $ $ WS-X4008/3 Catlayst 4000 AC PS Redundant 1 $ 995 $ 626.85 $ 626.85 State of Flonda Chent/Server Contract Contract Number 250-040-99-1 Page 1 of 2 Tax ID: 58-1667655 Size Business: Small 100% Woman-owned ~WS-X4148-RJ45V 1 $ 5,995 $ 3,776,85 $ 3,776.85 CATALYST 4000 Inline Power 10/1 00, 48-PORTS ~RJ45) WS-X4424-GB- Catalyst 4000 24-port 10/100/1000 Module 1 $ 8,995 $ 5,666.85 $ 5,666.85 RJ45 , (RJ45~) WS-X4095-PEM Catalyst 4000 DC Power Entry Module 1 $ 995 $ 626.85 $ 626.85 WS-P4603-2PSU Catalyst 4000 Aux. Power Shelf (3 slot), inc. two! 1 $ 3,995 $ 2,516.85 $ 2,516.85 WS-X4608 CAB-'7KAC-15 AC Power Cord North America, 15A 2 $ - $ - $ WS-X4608 Catalyst 4603 Redundant Power Supply Unit 1 $ 1,795 $ 1,130.85 $ 1,130.85 for WS-P4603 CAB-7KAC-15 AC Power Cord North America, 15A 1 $ $ - $ WS-65486 1000BASE-LX/LH "lang haul" GBIC (singlemode 2 $ 995 $ 626.85 $ 1,253.70 or multimodem) Stackable Switches WS-C3524-PWR-XL- Catalyst 3524-PWR-XL Enterprise Edition 11 $ 3,995 $ 2,516.85 $ 27,685.35 CAB-AC Power Cord, 110V 11 $ $ $ WS-65486 1000BASE-LX/LH "long hauL" GBIC (singlemode 4 $ 995 $ 626.85 $ 2,507.40 or multimodem) WS-65484 1000BASE-SX "Short Wavelength'" GBIC 16 $ 500 $ 315.00 $ ~,040.00 Gigabit Aggregation in Administration Buildin~l WS-C3508G-XL-EN Catalyst 3508GXLEnterprise Edition 1 $ 4,995 $ 3,146.85 $ 3,146.85 CAB-AC Power Cord, 110V 1 $ $ $ PWR30GAC-RPS-N Redundant Power System 300 (RPS 300) w/1 1 $ 1,595 $ 1,004.85 $ ..1,004.85 CAB-AC Power Cord, 110V 1 $ $ $ CAB-RPS-1414= I"RPS 300CONNECTOR CABLE, 14/14 1 $ 75 $ 47.25 $ 47.25 PIX Firewall PIX-525-FO-BUN PIX 525FO Bundle (Chassis, failover SW, 2 FE 1 $ 5,000 $ 3,200.00 $ 3,200.00 ports) PIX-4FE PIX Four-port 1,0/100, Ethernet interface 1 $ 1,000 $ 640.00 $ 640.00 Quote Total Prices on this quote are valid through 10/23/01. $ ..17~,9~5.95 State of Flortda Client/Server Contract Contract Number: 250-C]40-99-1 Page 2 of 2 Tax ID: 58-1667655 Size Business: Small 100% Woman-owned Token Ring to Ethernet Conversion Proper Layer 2 connectivity from the MDF out to all IDF closets will be verified. The Presidio Engineer will configure multiple Catalyst 3524 Layer 2 switches in the Police Department for gigabit connection to MDF Technical orientation and knowledge transfer for this new platform to be made available to City Hall Staff in regards to the new infrastructure. Note - customer is responsible for physical placement of new networking equipment and all associated cable management Pricing Resource Task Rate Hrs. Total Managing Consultant 2 Token Ring' To Ethernet $150.00 56 $8,400.00 Conversion Total $8,400.00 *****State of Florida Professional Services Contract Number 973-586-99-1. AGENDA ITEM NUMBER: AGENDA REQUEST Request to be placed on: Date: t0-25-01 X Consent Agenda Special Agenda Workshop Agenda When: tl-06-01 Description of agenda item: Purchase of computer equipment for backbone ~nfrastructure. Equipment to be purchased from Presidio Corp Total cost $206,314.94 (PO #599208) This was purchased as an emergency purchase in order to take advantage of a 37% cost savings See attached description/justification. ORDINANCE/RESOLUTION REQUIRED: Draft of Resolution Attached: YES NO X YES NO Recommendation: Finance Director and MIS Manager recommend approval. Determination of Consistency with C~//m~en~i~e City Attorney Review/Recommendation (if applicable): N/A Budget Director Review (required on all items involving expenditure of funds): Funding available: Yes X ~ No Funding alternatives (if applicable): Account Number: 334-6112-519-64.40 Backbone Infrastructure Account Description: Account Balance: $206,314.94 (budget transfer being processed for over- expenditure of $34.94) City Manager Review: Approved for Agenda: Hold Until. No Agenda Coordinator Review: Received: Action: Approved: Disapproved: P.O. # To: David T. Harden, City Manager From: Joseph M. Sa~j~nance Director Date: October 25, 2001 Subject: Commission Approval for Purchase of Backbone Management Software The Finance Department, with your approval, has processed P.O. #599206 to Presidio Corporation for $24,821.85 for the purchase of backbone infrastructure management software. These costs are in accordance with Florida State Contract #250-040-99-1. In actuality, Presidio has authorized a 2% discount below the State Contract because the purchase order was executed prior to October 31~t which was their year-end. We would appreciate the submittal of this item to the City Commission for their approval on the November 6th meeting Attached to this transmittal letter is a copy of the purchase order and additional justification materials. Thank you. Cc: Richard Zuccaro, MIS Manager PURCHASE ORDER DATE: 10/Z4/200! VENDOR: THE PRESIDIO COORATION 5100-JPHILADELPHDA WAY LANHAM MD DTV Ill,ElY BE H PURCHASING DIVISION 100 NW FIRST AVENUE DELRAY BEACH, FLORIDA 33444 561/243-7115 SHIP TO: Z0706 599206 I THIS NUMBER MUST APPEAR ON ALL INVOICES, PACKING LISTS, LABELS, BILLS OF LADING AND CORRESPONDENCE City O£ Delray Beach Florida CITY HALL MANGT. INFO. SYSTEMS 100 NW iST AVENUE DELRAY BEACH FL 33444 14060 10/30/£001 RICK HANNAH 954-3~6-£3£S FLYNN/ZUCCARO ,~ 0000092.541 NET 1 1.00 EA LAN MANAGEMENT Z.0 FOR WIN/SOL; CH 1£5~6,85 12596.8~. DFM RME RTM CV VENDOR ITEM NO. - CWLMS-Z.O Z 1.00 EA CROSS BUNDLE DISCOUNT FOR LMS USERS 47Z5.00 ADDING RWAN VENDOR ITEM NO. - CWRW-i. 1Pi 3 1,00 EA SOFTWARE MAINTENANCE COST FOR 1YR. 7500.00 7500.0£ (CISCO WORKS) PER QUOTE NUMBER KNR-38Z83 TOTAL Z~SZ1.8E REMARKS: PRICING PER STATE OF FLORIDA CONTRACT #Z50-040-99-1 ACCOUNT: 33461115196411 BILL TO: CITY OF DELRAY BEACH ACCOUNTS PAYABLE 100 N.W. 1st AVENUE DELRAY BEACH, FLORIDA 33444 FLORIDA STATE SALES TAX EXEMPTION CERTIFICATE NO. 60-08-I16241-~4C APPROVED ORDER SUBJECT TO TERM5 AND CONDITIONS AS ON REVERSE OR ATTACHED VENDOR )I~IZ~D SIGNATUI~ Quote #: KNR -38326 10/1/01 Prepared by Kelli Roberts 5100-J Philadelphia Way City of Delray Beach Lanham MD 20706 100 NW 1st Ave Phone: 301-955-3518 Delray FL 33444 Fax: 301-459-0358 Phone: 561-2437116 P~ESlDK) Email: kroberts@pmsidio.com Fax: 561-243-7147 COIIPORATION Local TM: Rick Hannah Email: Custom,zed Quotat,onFor ~"[// ' {I ~'~~i~(~ Montri Chaisakul CWLMS-2.0 LAN Manasment 2.0 for WIN/SOL; CM, DFM, RME, RTM, CV $19995.00 I $12,596.85 $12,596.85 cwrw-l.lP1 Cross Bundle Discount -for LMS users adding RWAN 1.1 WIN/SOL $7500.00 1 $4,725.00 $4,725.00 This quote includes 2 days of on-site Cisco Engineering Services for Ciseo Works 2000 LMS trainin$ if purchased by COB 10/24/01. State of Florida Client/Server Contract Grand Total[ $17,321.8~ PLT: ~ Contract Number: 250-040-99-1 ~ Prepared By: Kelli Roberts TAX ID: $8-16676S$ Size Business: Small 100% Women-Owned CAGE CODE: 0KI)0S DUNS: IS-405-0959 CEC: IS-S0600SG Quote valid for 30 days or until expiration of FCS Contract, whichever occurs first. Your network is your business. Making it work is ours. Extended Part Number Description List Qty. Price Total Quote Number:. KNR-38283 Prepared by: Kelli Roberts Phone: 301-955-3518 Fax: 301-955-3622 Email: kroberts@presidio.com Local TM: Rick Hannah Phone: 301-955-3597 Email: rhannah@presidio.com Dote: 1 O/23/200 Customized Quotation fort. Monh'i Chaisakul City of Oelray Beach 100 NW 1 st Ave Delray Beach, FL 33444 Phone: 561-243-7116 Fax: 561-243-7147 Email: Part Number Description Qty. List Price Ext. Total · Year I Maintenance CON-STLOC* SMaRTnet 8x5xNBD Service,Catalyst 6509 1 $ 6,500 ~ ~ CON-STLOC* SMARTnet8xSxNBD Svc, Cat4000 (6- 1 $ 1,675 $ $ - Slot),Suprvsrll,(2)AC PS,Fans CON-STLOC* SMARTnet8xSxNBD Svc,WS-C3508G 1 $ 475 $ $ - CON-STLOC* SMARTnet 8x5xNBD for WS-C3524-PWR-XL-EN 11 $ $ $ - ,CON-STLOC* SMARTnet 8x5xNBD for PWR300-AC-RPS-N1 1 ~ ~ ~ - CON-STLOC* SMARTnet8xSxNBD Svc, PIX-525-FO-BUN Chassis 1 ~ 600 ~ ~ - CON-SAS-CWLMS-2.X Software Application Service for Cisco Works 2000 1 $ 4,000 $ 4,000.00 $ 4,000.00 LMS 2.0 CON~SAS-CWRW-1.X SASSVC.,CW2000RWANI.1 1 ~ 3,500 ~ 3,500.00 ~ 3,500.00 Quote Total ~ 7~500.00 J Prices on this quote are valid through 10/24/01. *CON-STLOC = first Year Basic SMARTnet FREE per fiorida State Contract State of florida Client/Server Contract Contract Number:. 250-040-99-1 Page 1 of I Tax ID: 58-1667655 Size Business: Small 100% Woman-<)wned NETWORK MANAGEMENT The explosion of LAN's, WAN's, and Internet-based applications and content delivery has proliferated at an exponential rate over the last few years. However, one of the areas that still causes significant concern for all major participants in the online environment is that of reliability of the network and information security. We are in the process of developing the industry standard network and thin server appliances. Our server devices will provide the necessary combination of true remote access, both inside and outside the fh'ewall, with complete security. We are paving the way, positioning ourselves to deliver solutions that optimize our resources. Our primary goal is dependable enterprise systems, with emphasis on hosting services, and professional service providers. In summary it is the goal of MIS to provide domain, application, and technical expertise. Maximizing the benefits of the LAN and Internet through new technologies, by employing the following state-of-the-art, complex, Network Management tools to optimize client, and citizen satisfaction and to help achieve efficiency and reliability goals. HP Openview Network Node Manager HP OpenView Network Node Manager (NNM) is a comprehensive network management solution. · It provides network views in an intuitive graphical format. · It discovers network devices and provides a map to illustrate the structure of the network and the status of devices and segments. · When a major device fails, the event correlation engine evaluates the event stream to pinpoint the root cause of the failure. · Other capabilities help network administrators prevent problems by identifying potential trouble spots before a failure occurs. · Administrators are able to manage the network more intelligently, leading to increased network up- time and lower costs. Features · Automated device discovery and layout -- Discovers TCP/IP, IPX, and level 2 devices on both LANs and WANs and presents this information in a graphical format. Continuously monitors the network for new devices and for the status of previously discovered equipment. Event correlation technology -- Pinpoints the cause of network problems by letting the administrator drill down to see all events that contributed to an alarm. Includes out-of-the-box eon'elation logic for some of the most common network management problems. · User interface based on JavaTM -- Provides easy access to network maps and enables management of data from anywhere on the web. · Proactive management through reporting and data warehousing -- Preconfigured web-based reports enable historical data analysis, which provides a unique view of the devices on the network and helps administrators take actions that prevent problems fi'om occurring. Topology, event, and SNMP-collected data is exported to NNM's data warehouse, where it is collected and summarized. Fault tolerance capabilities -- Users can schedule back-ups of business-critical network management information to occur while they continue to manage the network. Also NNM management stations can be configured to take over the functions of the collection stations if one or more collection stations fail. Scalability -- Windows® NT® and UNIX® collection stations can be distributed throughout the environment so that data can be collected locally and forwarded to one or more management stations. Windows NT remote consoles connected to UNIX management and collection stations allow multiple operator access at a lower cost. The Java-based web UI increases the number of supported operators and offers connectivity over WAN links. Cisco Work 2000 The CiscoWorks2000 line of products provides solutions targeted at the wide-area and local-area operations of enterprise networks. There are now four major solutions; The LAN Management Solution offers advanced management of the award-winning Catalyst multilayer switches. The Routed WAN Management Solution provides monitoring, traffic management, and access control to administer the routed infrastructure of multiservice networks. The Service Management Solution and the VPN/Security Management Solution manage and monitor service-level agreements. The Cisco Management Connection integration tool, allows Cisco, third party, or user-developed Web- based tools to be integrated into a single Web desktop. This Web-based management intranet simplifies accessibility and deployment of CiscoWorks2000 solutions. The LAN Management Solution is a part of the CiscoWorks2000 family of products. It provides operationally focused applications for configuration, fault monitoring, and troubleshooting campus networks. This Web-based solution is a next-generation follow-on to the Cisco switch management oriented CWSI Campus bundle. Leveraging Cisco IOS operating systems, the LAN Management Solution enables network administrators to more effectively manage their LAN and campus networks. A browser interface provides easy-to-use access to topology maps, configuration services, and important system, device, and performance information. Because these applications are browser-accessible, administrators now have the freedom to access network tools anywhere from within the network. The Cisco Routed WAN Management Solution extends the CiscoWorks2000 product family, providing a collection of powerful enterprise management applications to configure, administer, monitor, and troubleshoot routed wide-area networks, thereby dramatically reducing their complexity. This suite of solution applications provides increased visibility into network behavior and quickly identifies performance bottlenecks and long-term performance trends. It also provides sophisticated configuration tools to optimize bandwidth and utilization across expensive and critical WAN links in the network. Finally, it can receive and analyze information collected by RMON remote monitoring devices, adding value to existing probe investments. Cisco VPN/Security Management Solution (VMS) provides key functionality to assist customers who are deploying the VPN 3000 Concentrator series and VPN 7100, 7200 series devices and require monitoring of remote access and site to site VPN's, based upon IPSec, L2TP, and PPTP. The solution also provides key features for deployment and management of perimeter security using the Cisco PIX Firewall. dsl800 kvm ip based (Hardware) KVM (Keyboard, Video, and Mouse) switching allows the use of a single keyboard, video monitor and mouse to control multiple computers. Generally, KVM switches are used in situations where there are multiple computers that do not require constant interaction from a single user, but need to be aocessed on a regular basis. Without a Cybex KVM switch, a dedicated keyboard, monitor, and mouse are required for each computer in the "server farm", to be able to operate each computer even though a user can only work on one system at a time. By having the computers on a Cybex KVM switch, the user can eliminate unused keyboards, monitors and mice, and organize their workspace to be more efficient and productive. The most common application of a Cybex KVM switch is in server rooms. By connecting servers to a KVM switch, all of the servers can be monitored and controlled from a central location, reducing the time it might take to walk through rows and rows of equipment to get to the right keyboard. Other applications include help desk, assembly lines, software developers and multicomputer desktops. The first and most obvious benefit of using a KVM switch is the hardware savings. A KVM switch decreases the number of required keyboards, monitors, and mice in a system allowing customers to reduce the cost of peripherals dramatically. A second benefit is the reduction of energy consumption and air conditioning costs that multiple keyboards, monitors, and mice require. A Cybex KVM switch also allows more efficient use of the valuable space available in server rooms and data centers. Customers can use their limited space for productive servers, routers, hubs, and printers, not keyboards, monitors and mice. With a Cybex KVM switch, computers can be controlled more efficiently by centralizing control instead of forcing network managers to spend time walking around in data centers, looking for a particular set of peripherals. AGENDA REQUEST Request to be placed on: Date: 10-25-01 X Consent Agenda Special Agenda ~ Workshop Agenda When: 11-06-01 Description of agenda item: Purchase of computer equipment for network management. Equipment to be purchased from Presidio Corp. Total cost $24,821.85 (PO #599206). This was purchased as an emergency purchase in order to take advantage of a 37% cost savings. See attached description/justification. ORDINANCE/RESOLUTION REQUIRED: Draft of Resolution Attached: YES NO YES NO Recommendation: Finance Director and MIS Manager recommend approval. X Department Head Signature:~ Determination of Consistency with City Attorney Review/Recommendation (if applicable): N/A Budget Director Review (required on all items involving expenditure of funds): Funding available: Yes Funding alternatives (if applicable): Account Number: Account Description: Account Balance: City Manager Review: Approved for Agenda' Yes Hold Until: Agenda Coordinator Review: Received: Action: x .o 334-6112-519-64.11 Computer Equipment $98,915.00 No Approved: D~sapproved: P.O. # City Of Delray Beach Department of Environmental Services M E M 0 R A N D TO: FROM: DATE: SUBJECT: David T. Harden City Manager C. Danvers Beatty, P.E. - Deputy Director of Public ~/~tqt~es --"- October 30, 2001 Replacement of Variable Frequency Drive Unit North Pump Station U M www. delraFesd, com Attached is an Agenda Request and Tabulation of Quotes for purchase of a variable frequency drive unit. This unit will replace the existing unit on pump N2 which is a 300 HP motor and our primary pressure stabilization pump for the north east area. The existing VFD continues to be a maintenance problem and is no longer reliable for such a vital piece of equipment. Electronic Services is the apparent lowest responsive vendor with a total proposal of $25,517.00. Based on their quotation and satisfactory performance of past work in the City, we are recommending award of the purchase to Electronic Services in the total amount of $25,517.00. Funding will be from Account #442-5178-536-64.90, Other Machinery and Equipment Please place this item on the November 6, 2001 Agenda for consideration by City Commission. CDB/pd CC.' Richard Hasko, P.E., Director of Environmental Services Bob Bullard, Manager of Maintenance City Clerks Office Agenda File U.\wwdata~lemo\C~ty Manager~qorth Pump Station.doc No. Request to be placed on: X Regular Agenda __ Special Agenda __ Workshop Agenda AGENDA REQUEST Agenda Item Date: October 30, 2001 When: November 2, 2001 Description of item (who, what, where, how much): Staff requests Commission approval of a purchase from Electronic Services for a variable frequency drive unit to replace an existing unit at the North Pump Station in the amount of $25,517.00. Funding is available from Account #442-5178-536-64.90, Other Machinery_ and Equipment. ORDINANCE/RESOLUTION REQUIRED: YES/NO DRAFT ATTACHED YES/NO Recommendation: Staff recommends approval of purchase from Electronic Services. Department head signature:~-~~- ' Determination of Consistency with Comprehensive Plan: City Attorney Review/Recommendation (if applicable): Budget Director Review ~red on all items involving expenditure of funds): Funding available YE~O ~ Funding alternatives (if applicable). (/~/~X' Account No. & Description ~2- 5~-~o.~ct-°nt3 ~ I'~txCJo,/~ot~~ ~50t~AccountBal~ce ~1> [.~! (o17- - - ' City Manager Review: Approved for agenda: ~OHold Until: Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved \\essrv002~Daws\wwdataWonnsLAgenda Requests~AgendaReq - Miller Park doc MEMORANDUM TO: FROM: THROUGH: DATE: David Harden, City Manager Jacklyn Rooney, Purchasing Supervisor~,, Joseph Saff~~ce Director October 30, 2001 SUBJECT: DOCUMENTATION - CITY COMMISSION MEETING NOVEMBER 06, 2001 - PURCHASE APPROVAL FIRE FIGHTING BOOTS FROM SAFETY EQUIPMENT CO. AND HELMETS FROM MUNICIPAL EQUIPMENT Item Before Commission: City Commission is requested to approve the purchase of one hundred thirty-five (135) sets of replacement fire fighting boots to Safety Equipment Company for $29,295 via the Broward County Co-op Agreement #8998, and the purchase of one hundred forty six (146) replacement fire fighting helmets from Municipal Equipment Company for $38, 434.50. Background: The Fire Department needs to replace one hundred thirty-five (135) sets of fire fighting boots. These boots are available from Safety Equipment Company via the Broward County Co-op Bid #8998 for Turnout Gear at unit price of $217.00 per pair (this is a 33% discount from current manufacture price list). As per attached memo dated October 18, 2001, the vendor has agreed to extend to the City of Delray Beach this co-op pricing via the Broward County Co-op Agreement #8998 with City of Margate. The total purchase amount for the City of Delray Beach would be $29,295. A copy of the City of Margate Agreement #8998 is attached. In addition, the Fire Department needs to purchase one hundred forty-six (146) fire fighting helmets. Quotes were requested from three (3) vendors, and the Fire Department recommends award to low bidder, Municipal Equipment Company for a total amount of $38,477.25. See attached quotes received from the Fire Department. The Fire Department recommends these purchases per memo dated October 23, 2001. Recommendation: Staff recommends approval for the purchase of replacement fire fighting boots from Safety Equipment Company for the total amount of $29,295 and replacement helmets from Municipal Equipment Company for the total amount of $38,434.50. Funding from account codes 001- 2313-522-52.22 for $1,350, 001-2315-526-52.22 for $18,000 and 115-0000-248-64.00 for $48,379.50. Attachments [lTV OF DELRI:I¥ BEI:I[H FIRE DEPARTMENT DELRAY BEACH F L o R I D A Ali. America Cit7 1993 MEMORANDUM TO: FROM: DATE: SUBJECT: SERVING DELRAY BEACH David T. Harden, City Manager RECEIVED OCT 2 2001 (~ITY MANAGER · GULFSTREAM Kerry B. Koen, Fire Chief October 23, 2001 Purchase of Replacement Helmets and Boots · HIGHLAND BEACH The Fire Department recommends awarding the purchase of 135 sets of replacement fire fighting boots to Safety Equipment Company in the amount of $29,295.00 from the Broward County Co-op Bid #8998. Additionally, we recommend the purchase of 146 fire fighting helmets from Municipal Equipment Company, as Iow bid, in the amount of $38,434.50. The total cost for both of these purchases is $67,729.50. Funding for these purchases is available in this current budget year in our uniform categories 001-2313-522-52-22 in the amount of $1,350.00 and 001-2315-526-52-22 in the amount of $18,000 with the balance of $48,379.50 coming from the Paramedic Fund #115-0000-248-64-00. This purchase will enable us to completed our replacement program for helmets and provide all fire fighters improved fire fighting footwear. KBK/tw Kerry B. Koen Fire Chief FIRE DEPARTMENT HEADQUARTERS · 501 WEST ATLANTIC AVENUE · DELRAY BEACH, FLORIDA 33444 !561) 243-7400 · SUNCOM 928-7400 · FAX (561) 243-7461 Pnnted on Recycled Paper QUOTE PRINT MLI~ICIPAL EQUIPMENT COMPANY $00-228-8448 fax 407-648-4142 R NO. 019748 Pa~e 1 lO/ll/Oi _Ship- to: 1 Bi 11-to: 4170 DELP~AY BRACH FZRE DEPT CITY OF D]~LRA¥ BEACI~ ACCOSTS ~AY~LE 501 W. AT--TIC A~ 100 N.W. IST AVE~E D~L~Y ~EACE, FL 3344~ D~L~Y BEA~, FL 33444 REFE~NC~ ~ [ EXPIRES [SLSPITERMS I~ IF~IG~TI SHIR VIA QUOTED BY: DW QUOTED TO: M:~ WI~DERSON ITEM ~ D~SCRIPTION O~R~ I UM I PRICE [ ~ ~ ZX~NS ~0~ 1010XD 203 . 00 2984~ . 00 AS00g F~0 FSL CAIEi~S 10!0 HELMET WITH LEATHER CUSHION LINER, FLkhlEEL CROWN PAD, PBI/KEVSAE EARLAP,. CARVED BRASS EAGLE 6" FRONT iHOLD~R AND ESS GOGGLE SYSTEM CAIRNS 1.7~" X 2.~" VELCRO ACCOUNTABILITY TAG I CAIRN$ 6" PASSPORT FRAME CAII~NS ~A~SPORT INSERT PRICES QUOTED I~CLUDE PREIG~T PRICE ON THE HELMETS IS VALID OI~J~Y IF ALL 1~7 HELMETS ARE 'ORDEI~D ON ONE ORDER. 147 EAI 294 EA1 147 ]gaI .00 .00 .00 .00 4.50 30.80 18.95 .00 .00 .00 .00 .00 1323.00 SA} 4527.60 EAI 2785.65 I MERCHANDISE MtSC TAX FREIGHT TOTAL I 38~77.25 .0O .00 .00 3847~.25 THIS QUOT~ IS VALID FOR DAYS HELMETS MSA Fire Service Praducl~ ~ QUOTATION To: No: H10110'1' City of Delray Beach FD Date: 10/11/01 C/O Chief Hendrix 501 West Atlantic Avenue Your No: Conversation w/ Delray Beach, FL 33444 Brian Podo[ec Your Due Date: ASAP Ten'ns: Net 30 Days Prices quoted are FOB: We are pleased to quote as follows: Cliff_on, N.J. PRICE QUOTES ARE FIRM: .. Ship Date: 3 to 6 Weeks ARO .... Quan~tY Description Price Unit Amount 147 CAIRN~"MODEL 10t 0XP ~304.00 Each Net/Net Features Include MS1010 Hi-Performance Fiberglass Reinforced Shell/Edge Beading/Stainless Steel Helmet Hanger/M16 Mounting Bracket/Drilled for Goggle/Velcro for Impact Cap M604 Impact Cap, Overhead Suspension/RH~ LK29 Deluxe Leather Headband, Ratchet Liner, and Flannel Crown Pad L955 PBI/Kevlar Earlap S550 and S953 ESS Goggle System and Hardware C922 Nomex with QRB and Postman Slide M8 Hand Carved Eagle 6" Front Holder GT20Y GLO-FLEXTetra, Lime-Yellow) 147 F55 Cairns Custom Passport Front $56.00 Each *Pricing valid for 60 Days -- - 'No Furl~er Discount Applies 'All Prices Are Net/Net *Copy of quote must be submitted with PO cc: Brian Podolec/Eric Klotz C14003003.FRM By: _t .J[E F'EN McDONALD~CUSTOMeR SER VI CF. 60 ~'ebro Road, Clifton, NJ 07012 * Phon~ 1-877-]~$A-FIRE · ia&x; 973-473-1357 http://www, lVlSAneccom/Rrehelmets , ~-.-rnai]: fiJccheJmetslo_go@MSAnet.com .... :18107S~69~? Safety Equipment Company Pubfic Safety Division Tarnmy Wheatley Delray Beach Fire Depa~ tment 50l West~Aflautic Avenue Delray Beach, FL 33444 October )8, 2001 Tam_my, Enclose/i, please find a copy oft_he Broward County Co-op Bid Award number $998, for the purchase of fu'e fighter bunker gear, helmets, hoods, gloves, and boots. Pursuant to the award, your price from Safety Equipment Company for the Pro- Wardngton Style 3009 boots is $217.00/pr. These boots are in stock, with a normal le.ad time of one to two days after receipt of. order. Also, per the bid pricing will be held through March 31, 2001. Please let me know if you need additional information. 1 appreciate your inquiry, and look forward to sen, icing your fire and safety needs in in the future. Sincerely, Inside Sales Manager Public Safety Sales Division Safety Equipment Company PH: 888/263-5319 FX: 813/626-8815 EM: cnr~secsafe.com cc: Carter Hall 6507 N. Hamey Road · Tampa, Flodda 33610 (888) 263-5319 · (813) 62~.-7554 · Fax: (813) 621-7413 ATTACHMENT "B" Safety Equipment Company Public Safety Division Februory 2, 2000 To: Pot Greenstein City of/Hargate From: Carter Ho// Safe ty Equipment Company 'SubJect: Coop pricin9 £n accordance w/th our GSA pr/ce structure, we will be able to offer you the fol/owin9 discounts for manufacturers covered under our ayreernent. A4orn in9 Pride (bunker year) 50 ." "~ d nnin~,'/?r, ide,~tm lm et$} · /dornfny Pr. ide~(&oad$)-~: hfornin~ Pride (~loves) H/arrinyton $$ Ser~us These prices will be from the current manufacturer price list. Xn odd/Hon, we wi//extend ~o oil those buyinR throuah the Coop, a 90 day extension of all listed manufacturers price lists. If you hove any questions, p/ease don't hesitate to contact me. Carter Hall Safety Equipment Company , Public Safety Division , Tampa, Florida (888) 263-53t9 , (8[3) 622-7554 , Fax: (8],3) 67.[-74[3 AGENDA ITEM NUMBER: AGENDA REQUEST Request to be placed on: November 06, 2001 XX Consent Agenda __ Special Agenda Date: October 30, 2001 __ Workshop Agenda Description of agenda item: Approval for purchase of 135 sets of replacement fire fighting boots to Safety Equipment Company for $29,29~via the Broward County Co-op Agreement #8998, and the purchase of 146 replacement fire fighting helmets from Municipal Equipment Company for $38,434.50. ORDINANCE/RESOLUTION REQUIRED: YES Draft Attached: YES NO NO Recommendation: Approve award to Safety Equipment Company for the purchase of 135 sets of replacement fire fighting boots and to Municipal Equipment Company for the purchase of 146 fire fighting helmets for the total of $38,434.50. Total amount of purchases $67,729.50. Funding from account codes 001-2313-522-52.22 for $1,350, account code 001-2315-526-52.22 for $18,000 and account code 115-0000-248-64.00 for $48,379.50. Department Head Signature: Determination of Consistency with Comprehensive Plan: City Attorney Review/Recommendation (if applicable): Budget Director Review (required on all items, invplving expenditure of funds): Funding available: Yes ~ '-'-'-'-'-'-'-'-'-'~ Io~ ~o ~ 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 300 West Atlanbc Avenue Delray Beach, Florida 33444-3695 (561) 243-7888 Fax (561) 243-7816 1993 MEMORANDUM TO: FROM: DATE: David T. Hardin City Manager . David Jungh~ Administrativc~-'~ October 31, 2001 ~ces Director SUBJECT: AGENDA REQUEST The requested City Commission Agenda item is for a leadership training program of the Command Staff taught by the Dale Carnegie Training Institute. Chief Schroeder met with you earlier this year reference this program and you verbally approved the expenditure of the Block Grant 01' funds at that time. Should you or your staff require any additional information, please call me at extension 7852. DJ/rmh DAL~ CARNEGIE TRAINING 3970 RCA Boulevard, ,,qulle 7001 Palm Beaoh Gardens, FL 33410 Tel.' 561 624 3660 Fax.' 561.624 3662 Attn: Patty Taylor Delray Beach Police Dept 301 W Atlantic Ave. Deiray Beach, FL 33444 Fax: 561-243.7816 Invoice msme Class Code Class Title Company Class, Class No. DELPOL2 Lead.ship Training for Managers - Tailored Subtoh Le3s Payment Leadership Training Class for 15 particpants. Total Balan~ D~ CERTIFIED OR'IGINAL COPY Nanette Mitchell Admin. Mgr. Thank you for your support of Dale Carnegie Trai Pleoze return copy of invoice with remittance. www. southflorida.dalecarnegte.~om Accredited by fne Accredttin0 Council [or Conttm/ng INVOICE NO. 2001250 Invoice Data: 8epte~nbet 25, 2001 Tuition $13,836.00 $13,836.00 -0,00 $13,836.00 ting. Educa0on & Training Inc I00 'd Z99£-i~[9-19~:qHJ, 'DNHJ, HIDHNH¥O Hq¥{3 1£:£I (fiHJ,) I0 ,/.~-'HH$ D,~. C, ARNEGIE TRAIN, INC," 3970 RCA Ooulevard, SuRe 7001 Palm Beach Gardens, FL 33410 Tel' 561.824.3660 Fax: 561.624 3662 ARm Patty TayLor Delmy Beach Police Dcpt 301 W Allauti¢ Arc. Delmy Beach, FL 33444 Fax: 561-243-7816 Invoice N~m~ Company Class, Class Code Class Title Class No, DI/LPOL1 Leadership Training for Managers - Tailored Subtot Less Paymenl Leadership Training Class for 18 participants. Total Balance Dt CERTIFIED ORIGII~A~ COPY Nanette Mitchell Admin., ~gr. ~'/~/0/ Thank you for your support of Dale Carnegie Tra/ Please return copy of invoice with remittance www.$outhflonda.dalacamegle.com Accredited by Ihe Accted~bng Council for COntlnum~ INVOICE NO. 2001249 Invoice Date: September 25, 2001 ,h Tuition 17,296.00 17~96.00 - 0.00 $17,296,00 ting. Eclucatmn & Training Inc. ~O0'd ~99£-~Z9-I9S:q3~ '9N~£ 3193NaVO 3qVfl Z£:£1 (flH£)I0,L~-'d3S Request to be placed on: X Consent Agenda When: November 6, 201)1 Description of agenda item: AGENDA ITEM NUMBER: ~/~ ~ AGENDA REQUEST Date: October 31, 2001 Special Agenda Workshop Agenda Classroom training for the Departments Command Staff on the Principles of leadership. The Dale Carne.qie pro.qram is the only company that teaches this type of program, and they have exclusive riqhts to the pmqmm. ORDINANCE/RESOLUTION REQUIRED: Draft of Resolution Attached: YES NO X YES NO X Recommendation: Approval ~ Department Head Signature: with Determination of Consistency n: City Attorney Review/Recommendation (if applicable): Budget Director Review (required on all items involving expe~ of funds): Funding available: (,,_~,~ ~ Funding alternatives (if ~'~ ~ applicable): No Account Number: 115-2124-521-5430 Account Description: Training/Educational Cost Account Balance: $31,132.00 City Manager Review: Approved for Agenda: Hold Until: No Agenda Coordinator Review: Received. Action: Approved: D~sapproved: P.O. # TO: THRU: FROM: PAUL DORLING. DIRECTO PLANNING AND SUBJECT: MEETING OF NOVEMBER 6, 2001 CONDITIONAL USE REQUEST FOR THE ANTIQUE EXPERIENCE~ LOCATED AT THE SOUTHEAST CORNER OF E. ATLANTIC AVENUE AND SE 5TM AVENUE. The request is to allow the establishment of an antique mall (bazaar) known as The Antique Experience. The proposal consists of the conversion of the existing 11,539 square foot retail space to an antique mall with 25 booths, 182 display cases and a centrally located cashier station. The request also includes construction of a 233 sq. ft. addition on the west side of the first floor and 840 sq. ft. of new floor area interior to the building on the second floor to accommodate additional display area (12,612 sq. ft. total); and, minor facade renovations. The attached P&Z staff report contains additional background and analysis of the request. The Planning and Zoning Board held a public hearing on this request on October 15, 2001. Two members of the public spoke in support of the proposal, however one of these members expressed concerns relating to parking. After discussion the Board voted 4-0 (Pike abstaining and Hasher and Peltzie absent) to recommend to the City Commission approval of the conditional use request, based upon positive findings with respect to Section 3.1.1 and Section 2.4.5(E)(5) (Conditional Use Finding), and policies of the Comprehensive Plan, subject to the following conditions: 1. That the site plan modification application be in general conformity to the sketch plan and incorporate recommendations made in the staff report; 2. That a revised traffic statement be provided which addresses the proposed 1,073 sq. ft. addition; 3. That the sale of goods is limited to verifiable antiques or new merchandise; 4. That no outdoor display be allowed except for special events which must be approved by the City Commission; 5. That a right-of-way dedication of 7' and a 2.8' sidewalk easement be provided along Atlantic Avenue; and, 6. That the aisle widths are widened to a minimum of 8', or that the aisles be maintained at 6' as proposed with the restriction that no merchandise may be placed in the aisles. By motion, approve the Conditional Use request for The Antique Experience, based upon positive findings with respect to Chapter 3 (Performance Standards), Section 2.4.5(E)(5) of the Land Development Regulations, and the policies of the Comprehensive Plan subject to the conditions recommended by the Planning and Zoning Board. Attachments: P & Z Staff Report and Documentation of October 15, 2001 PLANNING AND ZONING BOARD CITY OF DELRAY BEACH ---STAFF REPORT--- MEETING DATE: AGENDA ITEM: ITEM: October 15, 2001 IV.A. Conditional Use Request to Allow the Establishment of a Bazaar to be Known as The Antique Experience, Located at the Southeast Corner of East Atlantic Avenue and SE 5~ Avenue (Southbound Federal Highway). GENERAL DATA: Owner ......................................... Poughkeepsie Shopping Center, Inc. Applicant ..................................... The Antique Experience, Inc. Agent .......................................... Bradley D. Miller Location ...................................... Southeast corner of East Atlantic Avenue and Southeast 5th Avenue. Property Size .............................. 0.25 Acres Future Land Use Map ................ CC (Commercial Core) Current Zoning ............................ CBD (Central Business District) Adjacent Zoning ................ North: CBD (Central Business District) East: CBD (Central Business District) South' CBD (Central Business District) West: CF CBD (Central Business District) Existing Land Use ...................... Retail Buildings Proposed Land Use .................... Conditional Use request to allow the establishment of a bazaar. Water Service ............................. Existing on site. Sewer Service ............................. Existing on site. N E 2ND 1ST ST. AVENUE ST BUD'S IV.A. The action before the Board is making a recommendation to the City Commission on a request for Conditional Use approval to establish an antique mall (bazaar) for The Antique Experience, pursuant to LDR Section 2.4.5(E). The use is to be established within vacant tenant space in the building located at the southeast corner of E. Atlantic Avenue and SE 5th Avenue. The subject property consists of Lot 1 and the west 40 feet of Lot 2, Block 109, Town of Delray (Linton), is 0.24 acres and zoned CBD (Central Business District). The subject property contains two commercial buildings: a 2,940 sq. ft. two story building fronting on SE 5th Avenue, which was constructed in 1912 and a 12,601 sq. ft. two story building fronting on E. Atlantic Avenue, which was constructed in 1949. Both buildings have undergone various modifications over the years. The request now before the Board is approval to allow the establishment of an antique mall (bazaar) known as The Antique Experience. The development proposal consists of the following: · Conversion of the existing 11,539 square foot retail space within Building A to an antique mall with 25 booths, 182 display cases and centrally located cashier station; Construction of a 233 sq. ft. addition on the west side of the first floor and construction of 840 sq. ft. of new floor area interior to the building on the second floor to accommodate additional display area (12,612 sq. ft. total); and, · Minor fa(;ade renovations. The applicant has submitted the following narrative, which describes the operation: "The applicant is proposing to utilize the ex/sting building for a business to be known as the Antique Experience. Antique dealers will lease interior spaces from the applicant. Their antiques will be displayed in a promenade setting within custom constructed cases for each individual space. Four to six employees are antic/paled to manage the sales of the antiques and purchases will be controlled at one central cashier location on the first floor of the building. Sales of the antiques and operation of the business will be solely under the management of Planning and Zoning Board Staff Report Conditional Use Approval - The Antique Experience Page 2 the applicant. The applicant is anticipating hours of operation along the lines of 10:00 a.m. to 6:00 p.m. Monday through Thursday and Sunday and lO:O0 a.m. to 10:00 p.m. Friday, Saturday and on days of special City events. The intentions are to promote and encourage the public attraction to this area of the downtown with the antique promenade. The overall development plan of the antique promenade (bazaar) will compliment the surrounding uses and the existing attractions of the downtown area. The architectural improvements will be an enhancement to the out-of-date aesthetics of the existing building and surrounding area." REQUIRED FINDINGS: (Chapter 3): Pursuant to Section 3.1.1 (Required Findings), prior to the approval of development applications, certain findings must be made in a form which is part of the official record. This may be achieved through information on the application, the staff report, or minutes. Findings shall be made by the body which has the authority to approve or deny the development application. These findings relate to the following four areas. FUTURE LAND USE MAP: The use or structures must be allowed in the zoning district and the zoning district must be consistent with the land use designation). The subject property has a Future Land Use Map designation of CC (Commercial Core), and a zoning designation of CBD (Central Business District). The CBD zoning is consistent with the Commercial Core FLUM designation. The use as described is that of a "bazaar", which the LDRs define as "A market characterized by shops and stalls along a pathway, usually for the sale of miscellaneous articles." Bazaars are listed as a Conditional Use in the CBD district [LDR Section 4.4.13 (D)(13)], therefore, a positive finding with this section can be made. In addition to the above, pursuant to LDR Section 4.4.13(H)(1), the sale of second hand material, other than verifiable antiques, automotive parts, firearms and lawn care equipment shall not be allowed within businesses nor on properties which have an entry from and/or windows along and/or frontage on East Atlantic Avenue or NE 2nd Avenue (Pineapple Grove Way) between East Atlantic Avenue and NE 4th Street. An antique is described as an object having special value or significance because of its age, made in a former period of at least 40 years ago [Ref. Appendix A of the Land Development Regulations]. The proposal meets this requirement as the applicant has indicated that the items to be sold at the antique mall will be verifiable antiques. Planning and Zoning Board Staff Report Conditional Use Approval - The Antique Experience Page 3 CONCURRENCY: Facilities which are provided by, or through, the City shall be provided to new development concurrent with issuance of a Certificate of Occupancy. These facilities shall be provided pursuant to levels of service established within the Comprehensive Plan. Provision of water, sewer, drainage and impacts on the City's park facilities will not be affected by this proposed use. However, Concurrency as it relates to Traffic and Solid Waste is discussed below. Streets and Traffic: The subject property is located within the TCEA (Transportation Concurrency Exception Area), which encompasses the CBD (Central Business District), CBD-RC (Central Business District - Railroad Corridor), OSSHAD (Old School Square Historic Arts District) and the West Atlantic Avenue Business Corridor. The TCEA exempts the above-described areas from complying with the Palm Beach County Traffic Performance Standards Ordinance. The applicant has submitted a traffic analysis indicating that the proposed antique mall (bazaar) will have similar traffic generation characteristics to retail uses and will therefore not generate additional traffic. However, the traffic statement did not include the additional 1,073 sq. ft. of floor area. A revised traffic statement must be provided which includes the proposed 1,073 sq. ft. addition. This item has been attached as a condition of approval. Solid Waste: Trash generated each year by the proposed 1,073 sq. ft. addition will be 5.47 tons of solid waste per year [1,073 sq. f. x 10.2 lbs. = 10,944 lbs/2,000 = 5.47 tons] and the existing 11,539 sq. ft. will generate 58.84 tons [11.539 sq. ft. x 10.2 lbs. = 117,697 lbs/2,000 = 58.84 tons]. The Solid Waste Authority indicates in its annual report that the established level of service standards for solid waste will be met for all developments until 2021. Therefore, a positive finding can be made to this Level of Service standard. CONSISTENCY: Compliance with performance standards set forth in Chapter 3 and required findings in Section 2.4.5(E)(5) for the Conditional Use request shall be the basis upon which a finding of overall consistency is to be made. Other objectives and policies found in the adopted Comprehensive Plan may be used in making a finding of overall consistency. A review of the goals, objectives and policies of the Cihj's Comprehensive Plan was conducted and no applicable goals, objectives or policies were found. SECTION 2.4.5{E) REQUIRED FINDINGS: (Conditional Use) Pursuant to Section 2.4.5(E)(5) (Findings), in addition to provisions of Chapter 3, the City Commission must make findings that establishing the conditional use will not: Planning and Zoning Board Staff Report Conditional Use Approval - The Antique Experience Page 4 A. Have a significantly detrimental effect upon the stability of the neighborhood within which it will be located; B. Nor that it will hinder development or redevelopment of nearby properties. The subject property is surrounded by CBD (Central Business District) zoning. The existing land uses are: to the north, Rotelli Pizza and Pasta Restaurant; to the east, retail stores; to the south, a municipal parking lot; and to the west, Cheeburger Cheeburger Restaurant and other commercial uses. The request is to establish an antique mall (i.e. bazaar) within an existing retail building, which was formerly utilized as an art gallery. Concerns have been expressed on a staff level and by members of reviewing agencies that the use not present a "flea market" type atmosphere. These concerns are based largely upon the floor plan with its booths and aisle format, which is typical of a flea market operation. Concerns have also been expressed with regard to having individual vendors at each booth or display case, which would have a negative impact on the parking situation as it would create a greater demand. The fact that all sales occur at a central location as opposed to at the individual booths helps to distinguish the use from a typical fl~a market. If the nature of the use were to change in the future to that of bargain goods, clothing and accessories, electronics, etc., it may be detrimental to the downtown. It is recommended that a condition be placed on the use limiting the sale of goods to verifiable antiques or new merchandise. It is also recommended that there be no outside display of goods for sale, unless it is associated with a special event approved by the City Commission. Additionally, parking is somewhat of a concern as the site is deficient per code requirements and additional floor area is being added (see discussion below under Parking). The applicant has requested the in-lieu parking fee option for the additional floor area. Subject to the implementation of the above listed recommendations, a finding can be made that the use will not have a significantly detrimental effect upon the stability of the downtown, nor will it hinder the development or redevelopment of nearby properties. COMPLIANCE WITH LAND DEVELOPMENT REGULATIONS: In conjunction with the Conditional Use request a full site plan application is being processed which has been reviewed. In addition to the items listed under "Conditional Use Findings", the following commentsl~:oncerns are noted. Parkinq: Pursuant to LDR Section 4.4.13(G)(1), parking requirements shall apply to new floor area and restaurants only. Except for restaurants, changes in use (both residential and non-residential) shall not be required to provide additional on-site parking. The parking Planning and Zoning Board Staff Report Conditional Use Approval - The Antique Experience Page 5 requirement for new non-residential floor area, except restaurants, shall be at a rate of 1 space per every 300 sq. ft. There are 6 existing tandem parking spaces on the south side of the building (rear), however the site is deficient in parking which is a legal non-conforming situation. The proposal includes construction of an additional 1,073 sq. ft. of retail floor area which will require 4 parking spaces. Due to site constraints, the 4 additional spaces cannot be accommodated on the site. Therefore, the in-lieu fee option has been selected for 4 required parking spaces per LDR Section 4.4.13(G)(1)(c), which states that within the CBD (Central Business District) when it is impossible or inappropriate to provide the required parking on-site or off-site, the parking requirement may be met by providing an in-lieu parking fee. The in-lieu fee is $12,000 per space ($48,000 for four spaces) as required by LDR Section 4.6.9(E)(2) -Area 2: parcels located west of the Intracoastal Waterway which are zoned CBD and which are not included within the Pineapple Grove Main Street area. The PMAB (Parking Management Advisory Board) will review the request at its October 23, 2001 meeting and will forward a recommendation to the City Commission. Staff supports the in-lieu fee request in that there is available on street parking along Atlantic Avenue and within the three municipal parking lots located to, the south, southeast and southwest of the subject property. The parking lot immediately to the south of the subject property has a capacity of 34 parking spaces with a 2 hour parking limit. The lot to the southeast on the east side of SE 6th Avenue has a capacity 75 parking spaces and an 8 hour parking limit. The lot to the southwest on the west side of SE 5t~ Avenue and adjacent to the Chamber of Commerce, has a capacity of 67 parking spaces and has a 2 hour limit on parking. All of these parking areas are an acceptable walking distance from the subject property. If the City Commission approves the in-lieu parking fee, the fee must be paid in full prior to issuance of a building permit. This item will be discussed further with the site plan submittal. Right-of-Way Dedication: Pursuant to LDR Section 5.3.1(D)(2) and the Transportation Element of the City Comprehensive Plan, the required right-of-way width for this section of East Atlantic Avenue is 80' and 66' currently exists. Thus, this development is responsible for dedication of at least 7' of right-of-way. The portion of the property to be dedicated contains a covered walkway which ranges in width from 9.6' to 9.8'. As this section of sidewalk is extensively used by pedestrians, consideration should be given to providing additional right-of-way to accommodate the sidewalk width. LDR Section 6.3.4 allows covered walkways to extend into the public right-of-way when approved by the Chief Building Official through approval of an applicable agreement with the City. Thus, extension of the overhang into the right-of-way area is not a concern. A condition of approval is that a 9.8' right-of-way dedication be provided for Atlantic Avenue. Planning and Zoning Board Staff Report Conditional Use Approval - The Antique Experience Page 6 Interior Aisle Widths: The proposed intedor aisle widths are 6' wide, which is a concern if merchandise is allowed to be placed in the aisleways. As a condition of approval the aisle widths should either be widened to a minimum of 8', or if only 6' is provided merchandise shall not be placed in the aisles. Community Redevelopment Agency: At its meeting of September 21, 2001, the CRA (Community Redevelopment Agency) recommended approval of the development proposal. Downtown Development Authority: At its meeting of September 19, 2001, the DDA (Downtown Development Authority) recommended approval of the development proposal. While the DDA did recommend approval, they had concerns with the potential increase in t~e number of employees, changes to the operation that would increase the number of employees at one time and/or provision of employees at each booth/display area. Parkin_~ Management Advisory Board: The PMAB (Parking Management Advisory Board) will review the proposal at its meeting of October 23, 2001 and their recommendation will be forwarded to the City Commission. Site Plan Review and Appearance Board (SPRAB): If Conditional Use approval is granted, a site plan modification application must be submitted accommodating the concerns raised through the conditional use petition. Final action on the site plan modification submittal will rest with the SPRAB. Public Notice: Formal public notice has been provided to property owners within a 500 foot radius of the subject property. Letters of objection, if any, will be presented at the Planning and Zoning Board meeting. Courtesy Notice: Courtesy notices have been provided to the following associations that have requested notice of developments in their areas: Planning and Zoning Board Staff Report Conditional Use Approval - The Antique Experience Page 7 · Progressive Residents of Delray (PROD) · President's Council · Chamber of Commerce The conditional use request is to establish an antique mall (bazaar) to be known as The Antique Experience. There are some concerns with respect to parking and the use. However, any negative aspects of the use as a bazaar can be mitigated through proper regulations, which have been attached as.conditions of approval. The proposed use is consistent with the policies of the Comprehensive Plan and Chapter 3 of the Land Development Regulations. Positive findings can be made with respect to Section 2.4.5(E)(5) once all the items of concerns have been addressed as part of the site plan approval process. Continue with direction. Recommend approval of the Conditional Use request for The Antique Experience, based upon positive findings with respect to Section 2.4.5(E)(5) (Conditional Use Findings) and Chapter 3 (Performance Standards) of the Land Development Regulations, and the policies of the Comprehensive Plan, subject to conditions. Recommend denial of the Conditional Use request for The Antique Experience, based upon a failure to make positive findings with respect to Section 2.4.5(E)(5) (Conditional Use Findings), that the use will have a detrimental effect upon the surrounding neighborhood and will hinder development and redevelopment of adjacent properties, with reasons stated. Recommend to the City Commission approval of the Conditional Use request for The Antique Experience, (bazaar) based upon positive findings with respect to Chapter 3 (Performance Standards) and Section 2.4.5(E)(5)'-of the Land Development Regulations, and the policies of the Comprehensive Plan, subject to the following conditions: 1. That the site plan modification application be in general conformity to the sketch plan and incorporate recommendations made in this report; 2. That a revised traffic statement be provided which addresses the proposed 1,073 sq. ft. addition; Planning and Zoning Board Staff Report Conditional Use Approval - The Antique Experience Page 8 3. That the sale of goods is limited to verifiable antiques or new merchandise; 4. That no outdoor display be allowed except for special events which must be approved by the City Commission; 5. That a right-of-way dedication of 9.8' be provided along Atlantic Avenue; and, o That the aisle widths are widened to a minimum of 8', or that the aisles be maintained at 6' as proposed with the restriction that no merchandise may be placed in the aisles. Attachments: · Location Map · Sketch Plan Staff Report Prepared by: Michelle E. Hoyland, Senior Planner N E 2ND ST N E. IST ST ~ Z z ATLAN !~: ~ PL~Z VETERANS PARK ATLANTIC AVE S E 1 ST ST BUD'S N~UE 0 ~EA GA TE TOWERS N CITY OF DEL.RAY BEACH. FL PLANNING & ZONING DEPARTMENT THE ANTIQUE EXPERIENCE -- OI~¥)'AL ~,,4SE MAP ,.,cYS'TEM -- MAP REF LM561 ~ON::tl~clX:fl ::tFIC~IIN¥ -]HI t Atlantic A venue TO: THRU: FROM: SUBdECT: PAU~D~6RLING, DIREC~R OF PLANNING ,A. ND .7.O,NIN,,~ MEETING OF NOVEMBER 6, 2001 CONDITIONAL USE MODIFICATION REQUEST FOR BETHEL EVANGELICAL CHURCH~ LOCATED AT THE NORTHEAST CORNER OF SW 8TH AVENUE AND SW 8TH STREET. On March 7, 2000, a conditional use modification request was approved by the City Commission to allow the conversion of two (2) single family residences to administrative and maintenance buildings, increase in sanctuary seating from 204 seats to 270 seats, and construction of a stabilized sod parking lot. At its meeting of September 27, 2000, the Site Plan Review and Appearance Board (SPRAB) approved the associated site plan. The improvements were never built and the conditional use approval expired on September 7, 2001. The site plan expires on March 27, 2002. The current conditional modification request is for re-approval of the expired conditional use modification. The attached P&Z staff report contains additional background and analysis of the request. The Planning and Zoning Board held a public hearing on this request on October 15, 2001. After discussing the proposal, the Board voted 5-0 (Hasner and Peltzie absent) to recommend to the City Commission approval of the conditional use modification request, based upon positive findings with respect to Section 3.1.1 and Section 2.4.5(E)(5) (Conditional Use Finding), and policies of the Comprehensive Plan, subject to the following conditions: 1. That one tree every 25' be planted to form a solid tree line and that a hedge 4' at time of planting be installed along the perimeter of the property, which abuts residential uses; 2. That all chain link fences are to be provided with a Knox lock for City of Delray Beach, Fire Department access; 3. That a unity of title be provided for the 7 platted lots; and, 4. That the seating capacity is limited to 270 people. By motion, approve the Conditional Use Modification request for Bethel Evangelical Church, based upon positive findings with respect to Chapter 3 (Performance Standards), Section 2.4.5(E)(5) of the Land Development Regulations, and the policies of the Comprehensive Plan subject to the conditions recommended by the Planning and Zoning Board. Attachments: P & Z Staff Report and Documentation of October 15, 2001 PLANNING & ZONING BOARD CITY OF DELRAY BEACH ---STAFF REPORT--- MEETING DATE: AGENDA ITEM: ITEM: GENERAL DATA: October 15, 2001 iV.E. Conditional Use Request to Associated With the Conversion of Two Single Family Residences to Administrative and Maintenance Buildings, Increasing the Sanctuary Seating from 204 to 270 Seats, and Construction of a Stabilized Sod Parking Lot for Bethel Evangelical Church, Located at the Northeast Corner of SW 8th Avenue and SW 8th Court. Owner ............................. Bethel Evangelical Church, Inc. Agent/Applicant .............. Rev. Frank Francois, cio Malek & Associates, Inc. Location .......................... Northeast corner of S.W. 8th Avenue and S.W. 8th Court. Property Size .................. 1.04 Acre Future Land Use Map ..... Low Density Residential (0-5 d.u./a.c.) Current Zoning ................ R-I-A (Single Family Residential) Adjacent Zoning .... North: R-1-A East: R-1-A South: R-1-A West: OSR (Open Space & Recreation) Existing Land Use ........... Church Proposed Land Use ........ Conditional Use Request to allow the expansion of Bethel Evangelical Church N/A. N/A. Water Service ................. Sewer Service ................. s w 4'tH ;T, ' FF' HAlT/AN CA THDLIC 5 W 6TH S W 'TTH ST $ w ~TH CT S w gTH ST MEMORIAl. , GARDENS $ w 0TH CT. , , S.W 10TH STREET = PINE ~,E ~_ F. ELEME~ $CH -~1 ' FALL RIDG£ ~. OF DELRA Y GRDTkEs'~'E ~ D'OUGLA~S '~ ' AVENUE I f tl- I I IV.E. The action before the Board is making a recommendation to the City Commission on a Conditional Use modification request for Bethel Evangelical Church, pursuant to LDR Section 2.4.5(E). The subject property is located at the northeast corner of SW 8th Street and SW 8th Avenue. The subject property consists of Lots 1, 2 and 6, Block 1, Colonial Heights and Lots 4, 5, 6, 19 and 20 Block 8, Rosemont Park and contains a total of 1.04 acres. The property is zoned R-I-A (Single Family Residential). The subject property was developed as an 1,800 sq. ft. church in 1965. A 1,000 square foot Sunday school addition was added in 1967. In 1987, Bethel Evangelical Church received conditional use approval for a 4,080 sq. ft. addition to, the existing church. The previously approved Sunday school was demolished and replaced by a 5,880 sq. ft. building accommodating seating for 140 persons, 4 study rooms, a church choir room, a pastor's office, and 48 parking spaces. Then on June 6, 1995, a conditional use modification was approved by the City Commission to construct a 1,540 sq. ft. building addition and a 26 space stabilized sod parking area. In December of 1996 the City Commission granted an 18-month extension for the 1995 conditional use approval. However, the improvements were never built and the conditional use approval expired in April of 1998. On March 7, 2000, a conditional use modification request was approved by the City Commission to allow the conversion of two (2) single family residences to administrative and maintenance buildings, increase in sanctuary seating from 204 seats to 270 seats, and construction of a stabilized sod parking lot subject to the following conditions: 1. That a site plan be submitted that is in general conformance with the sketch plan and addresses the concerns noted in the staff report; That one tree every 25 feet be planted to form a solid tree line and that a hedge 4 feet at time of planting and maintained at least 6 feet high be installed along the perimeter of the property which immediately abuts residential uses; That the existing stabilized sod parking areas along with the proposed stabilized sod parking area to the east of the administrative and maintenance buildings be converted to paved parking areas and that the landscape islands be curbed with "Type D" curbing; 4. That the dumpster be relocated to the rear of the administrative building; Planning and Zoning Board Staff Report Conditional Use Approval - Bethel Evangelical Church Page 2 5. That a unity-of-title be provided for the seven (7) platted lots; 6. That the seating capacity be limited to 270 people; o That the abandonment of the adjacent section of alleyway be approved or if it is not approved, that the site plan and seating capacity be modified accordingly; 8. That signage be placed at the entry of the existing parking lots along SW 8th Avenue indicating "Additional Parking in the Rear"; 9. That all of the parking lots have security lighting as well as site lighting per LDR Section 4.6.8; 10.That a security gate be installed at the entrance of the proposed parking lot on SW 7th Avenue; and, 11. That the site plan be reviewed by a City of Delray Beach Police Officer trained in CPTED (Crime Prevention Through Environmental Design) principles. At its meeting of September 27, 2000, the Site Plan Review and Appearance Board (SPRAB) approved the associated site plan. The site plan expires on March 27, 2002. On May 16, 2000 the City Commission approved the associated abandonment of a portion of the north/south alley along the north side of the development to accommodate parking. However, the improvements were never built and the conditional use approval expired on September 7, 2001. The development proposal includes the following: · Conversion of 2 single family residences to administrative and maintenance buildings; · Increase in the sanctuary seating from 204 seats to 270 seats; and, · Construction of a stabilized sod parking lot and upgrades to existing parking spaces. The applicant has submitted the following narrative that describes the operation: "The proposed operation is intended to be used as a church place of worship. The church will be operated as follows: Sunday 9:00 a.m. - 10:30 a.m. Sunday school; 11:00 a.m. to 12:00 p.m. Worship service; 7:00 p.m. - 9:00 p.m. Evangelistic services; Monday 7:00 p.m. - 9:00 p.m. Women activities; Wednesday 7:00 p.m. to 9:00 p.m. Bible study; Thursday 7:00 p.m. - 9:00 p.m. Choir practice; Friday 7:00 p.m. to 9:00 p.m. Prayer service; Saturday 5:00 p.m. - 8:00 p.m. Board meeting." Planning and Zoning Board Staff Report Conditional Use Approval - Bethel Evangelical Church Page 3 REQUIRED FINDINGS: (Chapter 3): Pursuant to Section 3.1.1 (Required Findings), prior to the approval of development applications, certain findings must be made in a form which is part of the official record. This may be achieved through information on the application, the staff report, or minutes. Findings shall be made by the body which has the authority to approve or deny the development application. These findings relate to the following four areas. FUTURE LAND USE MAP: The use or structures must be allowed in the zone district and the zoning district must be consistent with the land use designation). The subject property has a Future Land Use Map designation of LD (Low Density Residential) and a zoning designation of R-I-A (Single Family Residential). The zoning district is consistent with the LD Future Land Use Map designation and "churches" are allowed as a Conditional Use in the R-I-A zoning district [LDR Section 4.4.3 (D)(2)]. Based upon the above, positive findings can be made with respect to Future Land Use Map Consistency. CONCURRENCY: Facilities which are provided by, or through, the City shall be provided to new development concurrent with issuance of a Certificate of Occupancy. These facilities shall be provided pursuant to levels of service established within the Comprehensive Plan. Water and Sewer: While not required with a conditional use request, water and sewer plans have been submitted indicating, water service exists via service lateral connections to the existing 6" water main within SW 8t~ Avenue, and sewer service exists via service lateral connections to the 8" sewer main within the north/south alley. No main extensions or upgrades are anticipated with this development proposal. The Comprehensive Plan states that adequate water and sewer treatment capacity exists to meet the adopted level of service at the City's build-out population based on the current FLUM. Based on the above, this proposal should have little or no impact with respect to water and sewer service. Therefore, positi~ve findings with respect to this level of service standard can be made. Drainaqe_: Paving and drainage plans have been provided indicating that drainage will be accommodated via sheet flow to pervious areas and the installation of an exfiltration trench system. Based on the above, there should be little or no impact with respect to drainage. Planning and Zoning Board Staff Report Conditional Use Approval- Bethel Evangelical Church Page 4 Streets and Traffic: Pursuant to LDR Section 2.4.3(E)(2), a traffic statement is required for land use applications that generate 200 or less ADT (Average Daily Trips). A traffic statement has been submitted which indicates that the proposal will generate 5 new average daily trips. Adequate capacity exists on the surrounding roadway network to accommodate the traffic generated from the proposed modification and increase in seating capacity. The traffic statement complies with the Palm Beach County Traffic Performance Standards Ordinance. Based upon the above, a positive finding with respect to traffic concurrency can be made. Parks and Open Space: Park dedication requirements do not apply for nonresidential uses. Thus, there will be no impact on this level of service standard. Solid Waste: The 7,350 sq. ft. church, administrative and maintenance buildings will generate 60.16 tons of solid waste per year [7,350 sq. ft. x 1.6 lbs./sq, ft./ySar = 11,760/2000 = 5.88 tons]. The trash generated by this proposal can be accommodated by existing facilities. Therefore, a positive finding with respect to this level of service standard can be made. CONSISTENCY: Compliance with performance standards set forth in Chapter 3 and required findings in Section 2.4.5(E)(5) for the Conditional Use request shall be the basis upon which a finding of overall consistency is to be made. Other objectives and policies found in the adopted Comprehensive Plan may be used in making a finding of overall consistency. A review of the objectives and policies of the adopted Comprehensive Plan was conducted and the following applicable policy was found. Housin .q Element Policy A-12.3 - In evaluating proposals for new development or redevelopment, the City shall consider the effect that the proposal will have on the stability of nearby neighborhoods. Factors such as noise, odors, dust, traffic volumes and circulation patterns shall be reviewed in terms of their potential to negatively impact the safety, habitability and stability of residential areas. If it is determined that a proposed development will result in a degradation of any neighborhood, the project shall be modified accordingly or denied. The existing church is located in an established residential neighborhood. The construction of the new stabilized sod parking lot is an improvement with regard to parking and the conversion of the two existing single family residences to the north of the sanctuary is Iow in intensity. The adjacent neighbors have voiced concerns with the amount of vehicles parked within the right-of-way during church services. The construction of the stabilized sod parking area will increase the number of parking spaces for the church by 43 spaces, which will eliminate vehicles parking within the right-of-way. The church serves the immediate community therefore much of the traffic is generated from the immediate area as well as other parts of town. The project will Planning and Zoning Board Staff Report Conditional Use Approval- Bethel Evangelical Church Page 5 improve the quality of service the church provides to the public and will not result in a degradation of the neighborhood. SECTION 2.4.5(E) REQUIRED FINDINGS: (Conditional Use) Pursuant to Section 2.4.5(E)(5) (Findings), in addition to provisions of Chapter 3, the City Commission must make findings that establishing the conditional use will not: A. Have a significantly detrimental effect upon the stability of the neighborhood within which it will be located; B. Nor that it will hinder development or redevelopment of nearby properties. The subject property is bordered on the north, east and south sides by R-1-A (Single Family Residential) zoning and the west by OSR (Open Space and Recreation). Single family homes exist to the north, east and south; and to the west, across SW 8th Avenue, the Delray Beach Memorial Gardens cemetery exists. Compatibility with the adjacent residential properties is a concern as the proposed stabilized parking area is situated between two single-family residences. A 5' landscaped area is provided along the north, east and south perimeters of the parking area. However, pursuant to LDR Section 4.6.16(H)(3)(e), where commercial areas abut properties in residential use, one tree shall be planted every 25' to form a solid tree line. This would be required along the north, east and south property lines. To further compatibility, a fence/wall and hedge 4' at time of planting should also be installed along these property lines. The plans indicate that a chain link fence exists along the perimeter of the parking area, however a hedge at least 4' at time of planting should be installed. These measures will help to buffer noise and lighting from the parking area to the adjacent residences. At the Planning and Zoning Board meeting of February 28, 2000, the Board felt that appropriate lighting should be,~)rovided as well as a security gate at the entrance of the proposed parking lot on SW 7"' Avenue, and that the site plan be reviewed by a Police Officer trained in CPTED (Crime Prevention Through Environmental Design). Additionally, the Board felt that signage should be placed at the entry of the existing parking lots along SW 8th Avenue indicating "Additional Parking in the Rear". All of the above items were met and addressed with the site plan approval of September 27, 2000. These conditions have been addressed with this conditional use request. It is noted that three churches are located along the perimeter edge of a 1,000' radius from the site (i.e. Haitian Catholic Church, Pine Grove National Church of God and Calvary Bible Baptist Church). These churches however do not have an intense impact on the neighborhood with respect to traffic. Calvary Bible Baptist Church takes access off of SW 10th Street and Pine Grove National Church of God takes access off of SW 6th Avenue. Haitian Catholic Church is the only church that also has access off of SW 8th Avenue, which is a City Collector and is a main thoroughfare in the neighborhood. Bethel Evangelical Church has operated from this site since the 1960's. An addition of Planning and Zoning Board Staff Report Conditional Use Approval - Bethel Evangelical Church Page 6 66 seats and conversion of 2 homes to administrative/maintenance facilities will not significantly impact the area. Based on the Iow increase in traffic generation, and that the church has provided sufficient on-site parking and security measures, the proposal should not hinder development or redevelopment of nearby properties. COMPLIANCE WITH LAND DEVELOPMENT REGULATIONS: In conjunction with the Conditional Use request a sketch plan was submitted which staff has reviewed. If the Conditional Use is approved, a full site plan submittal complying with LDR Section 2.4.3 will be required. Based upon staff's review of the sketch plan and site inspections, the following analysis is provided. LDR Chapter 4.6 Supplementary District Requlations: Parking: Pursuant to LDR Section 4.6.9(C)(6)(c), churches shall provide parking at the rate of 1 space for every 3 seats in the sanctuary. The sanctuary is to hold 270 seats (30 pews with 9 seats per pew). Based upon the above, 90 parking spaces are required and 92 spaces are provided. Thus, the parking requirement has been~met. Unity of Title: The subject property involves 7 platted lots that are to be utilized as one development. Therefore, a Unity of Title must be provided that ties the lots together. This item has been attached as a condition of approval. Other Technical Items: The following technical items must be addressed with the full site plan submittal, if the conditional use is approved. 1. All chain link fences are to be provided with a Knox lock for City of Delray Beach, Fire Department access. The development proposal is not located within a geographical area requiring review by the DDA (Downtown Development Authority). Community Redevelopment Agency: The CRA (Community Redevelopment Agency) will review the proposal at its meeting of October 11,2001 and their recommendation will be forwarded to the Board. Planning and Zoning Board Staff Report Conditional Use Approval- Bethel Evangelical Church Page 7 Site Plan Review and Appearance Board: The Site Plan which was approved on September 27, 2001, expires on March 27, 2002. An extension request has been submitted and will be reviewed by SPRAB at its November 14, 2001 meeting. Public Notice: Formal public notice has been provided to property owners within a 500-foot radius of the subject property. Letters of objection, if any, will be presented at the Planning and Zoning Board meeting. Courtesy Notice: Courtesy notices have been provided to the following homeowner's associations, which have requested notice of developments in their areas: · Carver Estates · Carver Square · Delray Beach Heights · Progressive Residents of Delray · Bellhaven · Rosemont · Ebonyof D~lray The proposed Conditional Use request involves the conversion of two single family residences to administrative and maintenance buildings, increase in the sanctuary seating by from 204 seats to 270 seats and the construction of a new stabilized sod parking area. The increase in the parking and the improvement of the existing parking areas will alleviate current problems associated with the parking of vehicles within the adjacent rights-of-ways. The proposed use is consistent with the policies of the Comprehensive Plan and Chapter 3 of the Land Development Regulations. Positive findings can be made with respect to Section 2.4.5(E)(5) regarding compatibility of the proposed use with surrounding properties. Continue with direction and concurrence. Recommend approval of the request for Conditional Use Modification for Bethel Evangelical Church, based upon positive findings with respect to Section 2.4.5(E)(5) (Compatibility) and Chapter 3 (Performance Standards) of the Land Development Regulations, and the policies of the Comprehensive Plan subject to conditions. Recommend denial of the Conditional Use Modification for Bethel Evangelical Church, based upon a failure to make positive findings with respect to Section 2.4.5(E)(5) (Compatibility). Planning and Zoning Board Staff Report Conditional Use Approval - Bethel Evangelical Church Page 8 Recommend approval of the Conditional Use modification request for Bethel Evangelical Church, based upon positive findings with respect to Chapter 3 (Performance Standards) and Section 2.4.5(E)(5) of the Land Development Regulations, and the policies of the Comprehensive Plan subject to the following conditions: That one tree every 25' be planted to form a solid tree line and that a hedge 4' at time of planting be installed along the perimeter of the property, which abuts residential uses; 2. That all chain link fences are to be provided with a Knox lock for City of Delray Beach, Fire Department access; 3. That a unity of title be provided for the 7 platted lots; and, 4. That the seating capacity is limited to 270 people. Attachments: · Location Map · Sketch Plan/Approved Site Plan · Approved Landscape Plan AUBURN CIR. S. ~W ~'7TH CARVER ESTA T£S S w 7TH CT SW S W BTH ST CIRCI F NORTH CA THOLIC CHURCH ST ~ <~ L 4TH J.,J SW 7TH SW 6TH ST. $ W 8TH C I S w. 9TH ST. S.W 9TH CT STREET PINE GROVE ELEMEN TAR Y 11TH ST. N CiTY OF DEI.RAY BEACH, FL PLANNING &: ZONING DEPARTMENT BETHEL EVANGELICAL CHURCH --- DI~:I~',41. ,~9,4~,E M.4P $)"~TEM -- MAP REF LM425 HAIN TENANCE BUIL DING I ! I! I ! LFIT ~l it I1£~ 6 SJT P4~EEL -5' 4, 2L~2~ : C 2, W 8TH TO: THRU: FROM: PAUL DORLING, D~R~/~CTOR~ OF P,,,LANNING AND ZONING MICHELLE E. HOYLAND, SENIOR PLANNER SUBJECT: MEETING OF NOVEMBER 6, 2001 CONDITIONAL USE REQUEST FOR THE PET NANNY~ LOCATED IN BUILDING B AT THE PARK TEN INDUSTRIAL COMPLEX ON THE SOUTH SIDE OF SW 10TH STREET. The proposal is to establish a pet day care facility (kennel) within a 2,400 sq. ft. bay of the Park Ten First Addition industrial complex. The bay is located in the middle of the building, immediately south of SW 10th Street. The attached P&Z staff report contains additional background and analysis of the request. The Planning and Zoning Board held a public hearing on this request on October 15, 2001. After discussion the Board voted 5-0 (Hasner and Peltzie absent) to recommend to the City Commission approval of the conditional use request, based upon positive findings with respect to Section 3.1.1 and Section 2.4.5(E)(5) (Conditional Use Finding), and policies of the Comprehensive Plan, subject to the following conditions: 1. That the site plan be in general conformity to the sketch plan and identify the walking areas for the animals (west side of the building adjacent to SW 15th Avenue); 2. That there be no retail sales or photo service associated with the proposed kennel; and, 3. That all solid waste be picked up immediately and disposed of within an appropriate refuse container. By motion, approve the Conditional Use request for The Pet Nanny, based upon positive findings with respect to Chapter 3 (Performance Standards), Section 2.4.5(E)(5) of the Land Development Regulations, and the policies of the Comprehensive Plan subject to the conditions recommended by the Planning and Zoning Board. Attachments: P & Z Staff Report G'AND ZONING BOARD ITY OF DELI=AY BEACH ---STAFF REPORT--- 15, 2001 II AGENDA ITEM: ~v. c. ~] ITEM: Conditional Use Request to Allow the Establishment of a Kennel to be II Known as Pet Nanny within the Park Ten Industrial Complex, located on the' II S°uth Side °f SW 10th Street' East °f 1-95' , !! I ! /s,Ro,~c I J GENERAL DATA: Owner ......................................... The SBNBCA Group Applicant ..................................... Arlene Wilson Location ...................................... South side of SW 10th Street, East of 1-95. Property Size .............................. 0 44 Acres Future Land Use Map ................ IND (Industrial) Current Zoning ............................ I (Industrial) Adjacent Zoning ................ North: I (Industrial) East: I (Industrial) South. I (Industrial) West: I (~ndustrial) Existing Land Use ...................... Vacant bay Proposed Land Use .................... Establishment of a pet day care facility (kennel) within the Park Ten, first addition, located on the south side of SW 10t~ Street, east of 1-95. Water Service ............................ Existing on site. Sewer Service ............................. Existing on s~te. CENTER S W. 10TH PARK TEN 2ND ADD. LINTQN CENTRE The action before the Board is making a recommendation to the City Commission on a request for Conditional Use approval to establish a pet day care facility (kennel) for The Pet Nanny, pursuant to LDR Section 2.4.5(E). The use is to be established within vacant tenant space m Building B located at the Park Ten Industrial Complex on the south side of SW 10th Street. The development proposal encompasses one bay within Building B of the Park Ten First Addition Industrial complex, which was constructed in 1981. The property (Park Ten Complex) is zoned I (Industrial) and contains 3.80 acres. There has been no additional land use activity or development proposals with regard to the subject property. On August 23, 2001, a request for conditional use approval to establish a pet day care facility (kennel) was submitted. The request is now before the Board for action. II The proposal is to establish a pet day care facility (kennel) within a 2,400 sq. ft. bay of the Park Ten First Addition industrial complex. The bay is located in the middle of the building. ,~ The applicant has submitted the following narrative, which describes the operation: "Quality pet sitting services are in big demand in South Florida. There is a growing population of pet lovers everywhere. We at Pet Nanny see our pets as part of the family & feel that they should get the care that they deserve. Pet Nanny's goals are to provide all you pet service needs under one roof. Pet Nanny will offer both boarding services as weft as daycare services for pets. Pet care will range anywhere from a 1 hour stay while the client is away at work to short or long term boarding so that clients can take a vacation & have a piece of mind knowing their family member is well taken care of. We will provide care for all pets including handicapped pets & those with special needs. The Conditional Use request also includes retail components including a gift store and photo services. Planning and Zoning Board S' Report Conditional Use Approval - Th,. Pet Nanny Page 2 REQUIRED FINDINGS: (Chapter 3): Pursuant to Section 3.1.1 (Required Findings), prior to the approval of development applications, certain findings must be made in a form which is part of the official record. This may be achieved through information on the application, the staff report, or minutes. Findings shall be made by the body which has the authority to approve or deny the development application. These findings relate to the following .four areas. FUTURE LAND USE MAP: The use or structures must be allowed in the zoning district and the zoning district must be consistent with the land use designation). The subject property has a Future Land Use Map designation of IND (Industrial), and a zoning designation of l (Industrial). The I zoning is consistent with the Industrial land use designation. Pursuant to LDR Section 4.4.20(D)(10), within the I zoning district, kennels are listed as a conditional use. However, the proposed retail components (gift store and photo service) are not allowed in the Industrial zoning district and therefore need to be eliminated from this request. Based upon the above, with the elimination of the retail components it is appropriate to make a positive finding with respect to the Future Land Use Map. CONCURRENCY: Facilities which are provided by, or through, the City shall be provided to new development concurrent with issuance of a Certificate of Occupancy. These facilities shall be provided pursuant to levels of service established within the COmprehensive Plan. Provision of water, sewer, drainage, traffic and impacts on the City's park facilities will not be affected by this proposed use. However, Concurrency as it relates to Solid Waste is discussed below. Solid Waste: Trash generated each year by the proposed 2,400 sq. ft. pet day care facility "kennel" will be 17.28 tons of solid waste per year [2,400 sq. ft. x 14.4 lbs. = 34,560 lbs/2,000 = 17.28 tons]. A portion of this waste will be animal solid waste and how this will be disposed of is of particular concern. The applicant has indicated that the animal waste will be generated indoors and outdoors. The outdoor waste component accounts for a majority of the animal waste generated at this facility. The attendants at the facility will walk the animals within landscaped areas within the Industrial Park. A condition of approval is that all solid waste be immediately picked-up and appropriately disposed of. The Solid Waste Authority indicates in its annual report that the established level of service standards for solid waste will be met for all developments until 2021. Therefore, a positive finding can be made to this Level of Service standard. Planning and Zoning Board S' Report Conditional Use Approval - Th~ Pet Nanny Page 3 CONSISTENCY: Compliance with performance standards set forth in Chapter 3 and required findings in Section 2.4.5(E)(5) for the Conditional Use request shall be the basis upon which a finding of overall consistency is to be made. Other objectives and policies found in the adopted Comprehensive Plan may be used in making a finding of overall consistency. A review of the goals, objectives and policies of the City's Comprehensive Plan was conducted and no applicable goals, objectives or policies were found. SECTION 2.4.5(E) REQUIRED FINDINGS: (Conditional Use) Pursuant to Section 2.4.5(E)(5) (Findings), in addition to provisions of Chapter 3, the City Commission must make findings that establishing the conditional use will not: A. Have a significantly detrimental effect upon the stability of the neighborhood within which it will be located; B. Nor that it will hinder development or redevelopment of nearby properties. The subject property is surrounded by I (Industrial) zoning except to the north which is zoned LI (Light Industrial). The existing land uses are: to the north, a self storage facility and automotive repair shops; to the east and south, industrial type uses including warehouses; and to the west, a FPL substation. The proposal is for the establishment of a pet day care facility (kennel) within an existing industrial/warehouse build~'ng. Concerns have been expressed on a staff level that the proposed area for walking the animals are not suitable. The existing landscape areas to be utilized currently contain Liriope and Fern (ground cover) rather than sod. A more appropriate place to walk the animals is on the west side of the building adjacent to the SW 15"~ Avenue right-of-way as a large sodded area exists. It is recommended that a condition be placed on the use limiting the walking area to the area on the west side of the building adjacent to the SW 15th Avenue right-of-way. Subject to the implementation of the above listed recommendation, a finding can be made that the use will not have a significantly detrimental effect upon the stability of the area, nor will it hinder the development or redevelopment of nearby properties. COMPLIANCE WITH LAND DEVELOPMENT REGULATIONS: In conjunction with the Conditional Use request a full site inspection was conducted to determine if any site improvements were needed. The inspection of the property did not reveal any deficiencies with respect to the Land Development Regulations, therefore no site improvements are required at this time. Planning and Zoning Board S' Report Conditional Use Approval - Th~- Pet Nanny Page 4 The development proposal is not located within a geographical area requiring review by the CRA (Community Redevelopment Agency) or the DDA (Downtown Development Authority). Site Plan Review and Appearance Board: If Conditional Use approval is granted, a revised site plan must be submitted identifying the relocated dog walk area. Final action on the site plan modification submittal will rest with the SPRAB (Site Plan Review and Appearance Board). Public Notice: Formal public notice has been provided to property owners within a 500 foot radius of the subject property. Letters of objection, if any, will be presented at the Planning and Zoning Board meeting. Courtesy Notice: Courtesy notices have been provided to the following homeowner's associations that have requested notice of developments in their areas: · Progressive Residents of Delray (PROD) · President's Council The proposed conditional use request is for the establishment of a pet day care facility (kennel) to be known as The Pet Nanny. There are some concerns with respect to the location of the walk area and how solid waste will be disposed of. Relocation of the designated walk area is recommended and is attached as a condition of approval. The proposed use is consistent with the policies of the Comprehensive Plan and Chapter 3 of the Land Development Regulations. Positive findings can be made with respect to Section 2.4.5(E)(5) regarding compatibility. Ao Continue with direction. Recommend approval of Conditional Use request for The Pet Nanny, based upon positive findings with respect to Section 2.4.5(E)(5) (Conditional Use Findings) and Chapter 3 (Performance Standards) of the Land Development Regulations, and the policies of the Comprehensive Plan, subject to conditions. Planning and Zoning Board S' Report Conditional Use Approval - Th,. Pet Nanny Page 5 Co Recommend denial of the Conditional Use request for The Pet Nanny, based upon a failure to make positive findings with respect to Section 2.4.5(E)(5) (Conditional Use Findings), that the use will have a detrimental effect upon the surrounding neighborhood and will hinder development and redevelopment of adjacent properties, with reasons stated. Recommend approval of the Conditional Use request for The Pet Nanny, based upon positive findings with respect to Chapter 3 (Performance Standards) and Section 2.4.5(E)(5) of the Land Development Regulations, and the policies of the Comprehensive Plan, subject to the following conditions: 1. That the site plan be in general conformity to the sketch plan and identify the walking areas for the animals (west side of the building adjacent to SW 15th Avenue); 2. That there be no retail sales or photo service associated with the proposed kennel; and, 3. That all solid waste be picked up immediately and disposed of within an appropriate refuse container. Attachments: · Location Map · Sketch Plan · Floor Plan Staff Report Prepared by: Michelle E. Hoyland, Senior Planner Z ABC & HOME the OUTLET DELRA Y COLD $ TORA SE DELRA Y COMMERCIAL CENTER SHER WOOD PLAZA OELRA Y MINI - S TORA GE s.w. 7TH ST PARK TEN LIN TON CENTRE $ W. 7TH CARVER ESTATES S W 7TH CT s.w. 8TH 10TH ST PARK TEN 2ND ADD POINSETTIA DRIVE GEORGIA STREET N CITY OF OELRAY BEACH. F-L PLANNING & ZONINGDEPARTMENT THE PET NANNY -- 121¢IT,4L BAS~- MAP $~ST~'M ---- M,'~ REF Lla562 Z 0 (,~ W ,gl · I ,,7- ConC. ~00 (' TO: THRU: FROM: SUBJECT: MEETING OF NOVEMBER 6, 2001 - REGULAR AGENDA REVIEW A REQUEST FROM SOPRA RESTAURANT TO MODIFY THEIR PARKING LICENSE AGREEMENT BY INCREASING THE APPROVED QUEUE BY TWO SPACES TO ACCOMMODATE THE CREATION OF A SEPARATE PICK-UP AREA At the regular meeting of April 17, 2001, City Commission approved a Parking License Agreement with Sopra Restaurant. The agreement provided two valet queue spaces on the west side of SE 2nd Avenue just south of Atlantic Avenue for customer drop off, with a two space customer pick up area located in the parking spaces behind the restaurant adjacent the Worthing Lot. The applicant is requesting a modification to the agreement to add two additional spaces on the nd east side of SE 2 Avenue to accommodate the creation of a customer pick-up area adjacent the VFW meeting hall. Patrons of the restaurant will retrieve their vehicles at the approved area behind the building. Customers of the valet not patronizing the restaurant or those not retrieving their vehicles immediately after dining would request delivery of their car at the valet stand on SE 2® Avenue. The current pick-up area would require access via the restaurant or through the parking lot creating some inconvenience and increase the City's liability from increased pedestrian traffic through the Worthing Lot. The proposed area on the east side of the street has sufficient space to accommodate the requested customer pick up area and provides for a more efficient operation. The Parking Management Advisory Board considered the request at their meeting of October 23, 2001. Approximately 30 members from the VFW appeared before the Parking Management Advisory Board to oppose the granting of this request. The Board considered tabling the item until after the restaurant opened to determine if the modification was needed. After a lengthy discussion the Board unanimously recommended denial of the request (Onnen and Costin absent). City Commission discretion. Attachment: Area Map ~Iz o~ / I S.E. 1ST AVE. ~ m~ S.E. 2ND AVE. I F. E.C. RAILROAD MEMORANDUM TO: FROM: SUBJECT: DATE: MAYOR AND CITY COMMISSIONERS CITY MANAGER~ AGENDA ITEM q ~' ' - REGULAR MEETING OF NOVEMBER 6, 2001 CONTRACT AWARD TO COLONNA CONSTRUCTION COMPANY, INC./COMMUNITY IMPROVEMENT SIDEWALK PROJECT November 2, 2001 This is before the Commission to consider approval of a contract award in the amount of $139,770.00 to Colonna Construction Company, Inc. for the Community Improvement Sidewalk Project. It is on the regular agenda because the recommendation is to award to the second lowest bidder. The lowest bidder was ARZ Builders, Inc. at $126,150.00, however, City staff checked the references provided by ARZ Builders, Inc. and found a majority of the comments to be less than favorable. In addition, the City of Delray Beach's past experience with ARZ Builders, Inc. has also been less than favorable. Therefore, staff is recommending Colonna Construction Company, Inc. as the lowest, responsible bid. Recommend approval of the bid award in the amount of $139,770.00 to Colonna Construction Company, Inc. for the Community Improvement Sidewalk Project. Funding is available from 118-1965-554-63.11 (Bikepaths/Sidewalks). Ret"S:\Clty Cterk\ClerkXAgmemo 14 B~d award Colonna. 11.06.01 doc City Of Delray Beach Department of Environmental Services M E M 0 R A N D U M TO: THROUGH: FROM: DATE: I I I David T. Harden, City Manager ,,..~ ~/~ Randal Krejcarek, P.E., City Engineer William A. Grieve, P.E., Civil Engineer October 29, 2001 SUBJECT: Community Improvement Sidewalk Project Project # 2001-004 Commission Agenda Item Attached is the agenda item for Commission to award the Community Improvement Sidewalk Project contract. The work generally consists of the following: Construction of 20,000 S.F. of concrete sidewalk along four streets. Clearing and grubbing of the area between the edge of pavement and proposed sidewalk. Approximately 4,300 S.Y. of swale grading and sodding and 9,500 S.F. of concrete driveway apron construction. The apparent Iow bidder was ARZ Builders, Inc. with a bid of $126,150.00. City Staff checked the references provided by ARZ Builders, Inc. and found most of them to be unfavorable. In addition to contacting the references provided, city staff contactedBroward County and the City of Margate (listed by ARZ as a contract on hand). Staff found them to be unfavorable as well. It was indicated to staff that ARZ quality of workmanship was less than expected and contracted work was not completed within allotted time frames. References also indicated ARZ subcontracted a large portion of the work because they neither had the manpower or the equipment to complete the work. The City of Riveria Beach indicated their residents filed complaints regarding the nasty and abusive treatment they had received from ARZ during their sidewalk project. The above references provided staff with four other Municipalities (listed below) that had bad experiences with ARZ. · City of Coral Springs · City of Ft. Lauderdale · City of Plantation · City of Lantana The City of Delray Beach's past experience with ARZ has been less than pleasurable and the last project ARZ Builders completed for the City was Pineapple Grove, which was completed S:~EngAdminV~rojects~2OO1t2OO1-OO4~CONTRACT~agendamemo 11-06-01.doc nine years ago. More recently, ARZ's bid on George Bush Boulevard was determined to be non-responsive, because of past experience with ARZ, unfavorable references and their intent to sublet more than 40% of the total contract work. At that time, City Staff checked the references provided by ARZ Builders, Inc. for the George Bush Boulevard project and they revealed the same comments encounter during the recent most checks. The second lowest bid was of $139,770.00 from Colonna Construction Company, Inc. City Staff checked the references provided by Colonna and found them to be very favorable. Colonna has completed a number of projects for the City of Delray Beach. Including a sidewalk project along SR A1A at Sandoway Park. Article 16 (Award of Contract) of the Instructions to Bidders included in the bid documents allows the City to "reserve the right to accept any Bid...which, in the City's judgment will best serve the City's interest". Articles 16.2 - 16.4 goes on to say that the City shall consider the qualifications and experience of the bidder and to "conduct such investigations as it deems necessary to assist in the evaluation of any Bid". Based on the above and the City's past experience with the ARZ Builders Inc., staff recommends City Commission rejects the lowest bid and approves an award of construction contract to the second bidder, Colonna Construction Company, Inc. in the amount of $139,770.00. The basis of award is the proven qualification and experience of having constructed similar projects for the City of Delray Beach. Colonna Construction Company, Inc. is "the most responsible, responsive Bidder whose evaluation indicates that the award will serve the highest public interest and be in the best interest of the City" (Article 16.5, Instructions to Bidders). Attached is the bid tabulation and location map for the referenced project. Funding Source Bikepaths/Sidewalks Account Number 118-1965-554-63.11 Amount $139,770.00 If this meets with your approval, please place this item on the November 6, 2001 Commission meeting. enc cc' Richard Hasko, P.E., Director of Env. Svcs. Joseph Safford, Finance Director S:~EngAdrnintProjectst2OOl~2OOf-OO4tCONTRACTtagendamemo f 1-06-Of.doc 1,1.1 0 IJ.! I-. IJ.I II.I E~E~AL SE~CES ~PAR~E~ SI DEWALKS · ° Agenda Item No.:_.~.~ AGENDA REQUEST Request to be placed on DATE: October 29, 2001 Regular Agenda Special Agenda Workshop Agenda When: November 6, 2001 Description of item (who, what, where, how much) Award of the contract to Colonna Construction Company, Inc. in the amount of $139,770.00 for the Community Improvement Sidewalk Project, Project #2001-004. The funding for this project will be provided from the following account Funding Source Account Number Current Balance Contract Bikepaths/Sidewalks 118-1985-554-63.11 $150,000.00 $139,770.00 ORDINANCE/RESOLUTION REQUIRED: YES/NO DRAFT ATTACHED YES/NO Recommendation: Staff recommends award of Project No. 2001-004, Community Improvement Sidewalk Project to CoJepna Construction Company, Inc. w~th a bid in the amount of $139,770.00. Department Head ~_~,.(~,~ Signature: / O -~ I - c) Determination of Consistency with Comprehensive Plan: City Attorney Review/Recommendation (if applicable) BudgetDirector Review (required on all items involving expenditure of funds): Funding available _~0 .Funding alternative~-/ (if appliqable) Account No. & Description II ~1~5-55-t~.(~11 '~,~"e--~J~:~/~,~,[ ~ Account Balance ~q'O,,,'b~ ~ F-'/o~ ~-~,,%,,'1~---~}'~ '~ r-ol~_~)v'¢,--- City Manager Review: ~ ~ Approved for agenda' O Hold Until: AgendaCoordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved file 2001-004(A) projects/2000-004/contract/agenda doc TO: THRU: FROM: SUBJECT: MEETING OF NOVEMBER 6, 200'1 - REGULAR AGENDA ESTABLISH THE OFFICIAL CLOSING TIME FOR SANDOWAY LOT TO 9:00 PM. At the City Commission meeting of June 5, 2001 the Sandoway Lot closing time was extended from 8:00 PM to 9:00 PM, on a trial basis, to ascertain utilization of the lot beyond the 8:00 PM closing time. Parks and Recreation's Park Rangers monitored the Sandoway Lot in the evenings (approximately 9:30 PM in May and June) and approximately 8:30 PM thereafter. The number of cars parked during May (45) and June (51) were reduced given the 9:30 check time of the original survey. The change to the 8:30 PM count documents a considerable increase in utilization in July at 72 and the month's of August and September accommodating 102 and 108 vehicles respectively. Utilization in the month of October appears to have declined at 35, however this does not include a total of 9 days, including 3 Saturdays. Additionally, staff requested the Delray Beach Police Department (DBPD) provide any requests for Police assistance during the extended hour to see if it created any issues or inconveniences to the surrounding neighborhood that might affect the quality of life of nearby residents. There was only one occurrence between the hours of 8:00 PM and 9:00 PM relating to a car alarm going off. At their meeting of October 23, 2001 the Parking Management Advisory Board, approved on a 7 to 1 vote (Dahlem opposed / Onnen and Costin absent), recommended to establish 9:00 PM as the official closing time of the Sandoway Lot. By motion, establish the official closing time for Sandoway Lot to 9:00 PM. Attachments: Parking Lot Activity Reports Time _n~e Day # Cars' 9 10 PM 5/1/01 Tue I 9 12 PM 5/2/01 Wed 3 8 43 PM 5/3/01 Thu 0 9 30 PM 5/4/01 Fn 1 9 50 PM 5/5/01 Sat 1 9 10 PM 5/6/01 Sun 1 9 04 PM 5/7/01 Mon 0 9 30 PM 5/8/01 Tue 0 9 06 PM 5/9/01 Wed 0 9 55 PM 5/10/01 Thu 0 9 52 PM 5/11/01 Fn 4 *9 12 PM 5/12/01 Sat 27 9 20 PM 5/13/01 Sun 2 9 07 PM 5/14/01 Mon 0 9 25 PM 5/15/01 Tue 0 9 17 PM 5/16/01 Wed 9 20 PM 5/17/01 Thu 0 948PM 5/18/01 Fn 2 9 00 PM 5/19/01 Sat 3 9 35 PM 5/20/01 Sun 0 9 00 PM 5/21/01 Mon 0 9 00 PM 5/22/01 Tue 0 9 01 PM 5/23/01 Wed 0 9 30 PM 5/24/01 Thu 0 9 16 PM 5/25/01 Fn 0 9 17 PM 5/26/01 Sat 0 9 20 PM 5/27/01 Sun 0 9 19 PM 5/28/01 Mon 0 9 25 PM 5/29/01 Tue 0 9 10 PM 5/30/01 Wed 0 9 17 PM 5/31/01 Thu 0 Total Month 45 * Saturday before Mothers Day Thu 5/31/0t Wed 5/30/01 Tue 5/29101 Mon 5/28/0t Sun 5/27/01 Sat 5/26/01 Fn 5/25/01 Thu Wed 5/23/01 Tue 5/22/01 5/21/01 5/20/01 Sat 5/19/0t Fn 5/18/01 Thu Wed Tue 5/15/0t Mo~ Sat 5/t2/01 Fn 5/11/0t Thu 5/10/01 Wed 5/9/01 Tue 5/6/01 Sat Fn 5/4/01 Thu 5r3/01 Wed Tue 5/1/0t MAY o 1 2 3 4 5 6 7 8 9 101112131415161718192021222324252827282930 Number of Cars Parked Time _r~_t_- Da~ # Cars 10 30 PM 6/1/01 Fn 8 9 00 PM 6/2/01 Sat 3 9 40 PM 6/3/01 Sun 1 9 16 PM 6/4/01 Mon 0 925 PM 6/5/01 Tue 0 949 PM 6/6/01 Wed 0 9 50 PM 6/7/01 Thu 2 9 10 PM 6/8/01 Fn 0 900 PM 6/9/01 Sat 0 9 16 PM 6/10/01Sun 4 9 30 PM 6/11/01Mon 0 8 18 PM 6/12/01Tue 0 9 54 PM 6/13/01Wed 0 9 37 PM 6/14/01Thu 1 10 19 PM 6/15/01Fn 4 900 PM 6/16/01Sat 6 1000PM 6/17/01Sun 0 10 09 PM 6/18/01Mon 0 949 PM 6/19/01Tue 0 9 36 PM 6/20/01Wed 0 12 00 AM 6/21101Thu 13 924 PM 6/22/01Fn 0 9 32 PM 6/23/01Sat 0 9 25 PM 6/24/01Sun 1 9 02 PM 6/25/01Mon 0 9 03 PM 6/26/01Tue 7 9 02 PM 6/27/01Wed 0 902 PM 6/28/01Thu 0 9 22 PM 6/29/01Fn 1 9 10 PM 6/30/01Sat 0 Total Month 51 sat 6/3O/Ol Fn 6/29/01 Thu 6/28/01 Wed 6/27/01 Tue 6/26/01 Mon 6/25/01 Sun 6/24/01 Sat 6/23/01 Fn 6/22/01 Thu 6/21/01 Wed 6/20/01 Tue 6/19/01 Mon 6/18/01 Surl 6/17/01 Sat 6/16/01 C~ 6/15/01 Thu 6/14/01 Wed 6/13/0t Tue 6/12/01 Mon 6/11/01 Sun 6/10/01 Sat 6/9/01 Fn 6/6/01 Thu 6/7/01 Wed 6/6/01 Tue 6/5/01 Mort 6/4/01 Sun 6/3/0t Sat 6/2/01 Fn 6/1/01 0 1 2 3 JUNE 4 5 6 7 8 9 Number of Cam Parked 10 11 12 13 14 Time Date Day fl Can 8 31 PM 715/01 Thu 6 8 30 PM 7/6/01 Fn 4 None 7/7/01 Sat 0 8 32 PM 7/8/01 Sun 2 8 31 PM 7/9/01 Mon 0 8 33 PM 7/10/01 Tue 2 831 PM 7/11/01 Wed 1 8 30 PM 7/12/01 Thu 2 8 31 PM 7/13/01 Fn 4 8 30 PM 7/14/01 Sat 2 8 32 PM 7/15/01 Sun 1 831 PM 7/16/01 Mon 0 8 30 PM 7/17/01 Tue 0 8 33 PM 7/18/01 Wed 1 8 31 PM 7/19/01 Thu 2 8 32 PM 7/20/01 Fn 9 8 30 PM 7/21/01 Sat 1 832 PM 7122/01 Sun 2 835PM 7123/01 Mon 0 831 PM 7/24/01 Tue 3 8 33 PM 7/25/01 Wed 4 8 30 PM 7/26/01 Thu 5 None 7/27/01 Fn 0 t34 PM 7/28/01 Sat 9 130PM 7/29101 Sun 6 132PM 7/30/01 Mon 2 8 31 PM 7/31/01 Tue 4 Total Month 72 JULY Mo~ 7/27101 7/25101 ~ , : 7/24/01 Sun ii 7/21101 ,,::, mm m mm mm Number of Cars Parked Tlrne Data Day # Cam 8 33 PM 8/1/01 Wed 0 8'36 PM 8/2/01 Thu 0 8 35 PM 8/3/01 Fn 0 None 8/4/01 Sat 0 8 33 PM 8/5/01 Sun 0 8 30 PM 8/6/01 Mon 2 8 35 PM 8/7/01 Tue 3 8 29 PM 8/8/01 Wed 5 8 31 PM 8/9/01 Thu 4 8 33 PM 8/10/01 Fr; 7 830PM 8/11/01 Sat 12 8 32 PM 8/12/01 Sun 10 8 30 PM 8/13/01 Mon 0 8 30 PM 8/14/01 Tue 0 8 30 PM 8/15/01 Wed 0 8 32 PM 8/16/01 Thu 6 8 30 PM 8/17/01 Fn 0 8 32 PM 8/18/01 Sat 10 835 PM 8/19/01 Sun 13 830 PM 8/20/01 Mon 0 8 30 PM 8/21/01 Tue 0 8 30 PM 8/22/01 Wed 0 830 PM 8/23/01 Thu 0 8 30 PM 8/24/01 Fr~ 0 8 32 PM 8/25/01 Sat 12 8 34 PM 8/26/01 Sun 10 8 31 PM 8/27/01 Mon 3 8 30 PM 8/28/01 Tue 5 8 35 PM 8/29/01 Wed 6 8 30 PM 8/30/01 Thu 5 8 33 PM 8/31/01 Fn 6 Total Month 102 8/31/Ol Thu 8/30/01 Wed 8/29/01 Tue 8/28/01 Mon 8/27/01 8/26/01 Sat 8/25/01 Fn Thu 8/23/01 Wed Tue 8/2t/01 Mort 8/20/01 6/19/01 Sat 8/16/01 Fn Thu W~d Mo~ 6/t3/01 $~ 6/10/0~ Thu W~d 8/7/01 8/6/01 Sat Fn 8r~O1 Thu 8/2/01 Wed 6/I/01 2 3 4 AUGUST 5 6 7 8 9 10 11 12 t3 14 Number of Cars Parked Time Date Day # Cam N one 9/1/01 Sat 0 8 31 PM 9/2/01 Sun 15 8 29 PM 9/3/01 Mon 10 8 31 PM 9/4/01 Tue 4 8 34 PM 9/5/01 Wed 5 8 35 PM 9/6/01 Thu 7 8 34 PM 9/7/01 Fn 8 8 30 PM 9/8/01 Sat 0 8 32 PM 9/9/01 Sun 6 8 30 PM 9/10/01 Mon 1 832PM 9/11/01 Tue 0 8 30 PM 9/12/01 Wed 0 828PM 9/13/01 Thu 0 8 29 PM 9/14/01 Fn 7 8'28 PM 9/15/01 Sat 4 8 29 PM 9/16/01 Sun 6 8 30 PM 9/17/01 Mon 5 8 31 PM 9/18/01 Tue 7 8 30 PM 9/19/01 Wed 4 6 32 PM 9/20/01 Thu 3 8 31 PM 9/21/01 Fn 7 None 9/22/01 Sat 0 8 30 PM 9/23/01 Sun 1 8 31 PM 9/24/01 Mon 2 8 29 PM 9/25/01 Tue 3 8 31 PM 9/26101 Wed 2 8 30 PM 9/27/01 Thu 0 8 28 PM 9/28/01 Fn 1 830PM 9/29/01 Sat 0 8 29 PM 9/30/01 Sun 0 Total Month 108 Sun 9/30/01 Sat 9/29/01 Frl 9/28/01 Thu 9/27/01 Wed Tue Mon Sun 9/23/01 Sat 9/22/01 Fn Thu 9/29/0t Wed Tue Mort Sun Sat Fn Thu Wed Tue Sun 9/9/01 Sat 9/8/01 Fn 9/7/01 Thu 9/0/01 Wed Tue 9/4/01 9/3/01 Sun 9/2/01 Sat SEPTEMBER NolAy;ilab e 0 1 2 3 4 5 6 7 8 9 10 11 12 13 t4 15 16 Number of Cam Parked Time Date Da), # Cars None 10/1101 Mon 0 8 31 PM 10/2/01 Tue 1 8 29 PM 10/3/01 Wed 2 8.31 PM 10/4/01 Thu 4 8 34 PM 10/5/01 Fn 6 None 10/6/01 Sat 0 8:34 PM 10/7/01 Sun 3 8'30 PM 10/8/01 Mon 2 8.32 PM 10/9/01 Tue 0 830PM 10/10/01 Wed 1 8.32 PM 10/11/01 Thu 2 8'30 PM 10/12/01 Fn 3 None 10/13/01 Sat 0 829PM 10/14/01 Sun 0 830PM 10/15/01 Mon 1 832 PM 10/16/01 Tue 0 8.29 PM 10/17/01 Wed 1 8:31 PM 10/18/01 Thu 0 8:30 PM 10/19/01 Fn 0 8.30 PM 10/20/01 Sat 2 8'33 PM 10/21/01 Sun 0 None 10/22/01 Mon 0 8:32 PM 10/23/01 Tue 0 8.31 PM 10/24/01 Wed 2 8'34 PM 10125/01 Thu 1 8.32 PM 10/26/01 Fn 4 None 10/27/01 Sat 0 8.34 PM 10/28/01 Sun 0 Total Month 35 In add~bon to the 6 days m~ssed, this survey ended on the 28th of the month. sun 10/28/01 Sat 10/27/01 Fn 10/26/01 Thu 10/25/01 Wed 10/24/01 Tue 10/23/01 Mort 10/22/01 Sun 10/21/01 Sat 10/20/01 Fn 10/19/01 Thu 10/15/01 Wed 10117101 Tue 10/16/01 Mon 10/15/01 Sun 10/14/01 Sat 10/13/01 Fn 10/12/01 Thu 10/11/01 Wed 10/10/01 Tue 10/9/01 Mon 10/8/01 Sun 10/7/01 Sat 10/6/01 Fn 1015/01 Thu 10/4/01 Wed 10/'~01 Tue 10/2~1 MO~ 10/1/01 OCTOBER Not ,va~lat ~e Not, ~vail~l~ le Not, ~,vailab e, Not, Wailab e Not, wailab e 0 1 2 3 4 .5 6 7 8 9 10 Nimber of Cars Parked MEMORANDUM TO: FROM: SUBJECT: DATE: MAYOR AND CITY COMMISSIONERS CITY MANAGER ~ AGENDA ITEM q. ~.- REGULAR MEETING OF NOVEMBER 6, 2001 RATIFICATION OF THE WEST ATLANTIC AVENUE REDEVELOPMENT COALITION {~VARC) APPOINTMENT TO THE PARKING MANAGEMENT ADVISORY BOARD NOVEMBER 2, 2001 The Parking Management Advisory Board was established by Resolution No. 88-97 on December 9, 1997. The board was created for the put:pose of advising and making recommendations to the City Commission with respect to parking management policy and related issues including, but no limited to, the planning, financing, development, construction and operation of parking facilities. Attached is a memorandum from Rosalind L. Murray, recommending that Evelyn Dobson be appointed as the West Atlantic Avenue Redevelopment Coalition representative to the Parking Management Advisory Board. The term of appointment is for three 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 will coincide with the dates of appointment for those boards and agencies having representatives on the Parking Board. A copy of Ms. Dobson's application is attached for your review. It is recommended that the Commission approve and ratify the appointment of Evelyn Dobson as the West Atlantic Avenue Redevelopment Coalition representative to the Parking Management Advisory Board for a three year term ending September 1, 2004. Ref:Agmemo3.Ratification of WARC Appt.toPMAB. 11.06.01 3ct .18 O1 lO:OOa D[LRAY BRACH October 18, 2001 karen Snell, City Clerk City of Delray Beach 100NW 1"Avenue Delta) Beach, FL 33444 Dear Karen, The West Atlantic Redevelopment Coalition (WARC) at its October meeting appointed Evelyn Dobson to fill the WARC seat on the Parking Management Advisory Board ~ls Dul,~on's address and telephone number are 130 NW 3rd Ave, Delray Beack, FL ~.~4~4 a~d c~94-1788 (work), and 276-3593 (home) II'you have any further questions pl,~'d~e call me at 561-276-8640 ' S,/acerelv, Rc,sahnd L Murray (~ West Atlantic Program Manager CC Scott Aronson, Parking Management Specialist 24 North ,'q~mton Axem.e Dcha~ Beach Flolid,~ :t344-.1. _61-_/e,-80-0 - Fa, q0~-2-K-b55,5 RECEIVED 0CT I 8 2001 CITY CLERK Ocr 18 [31 11: 57a p. 1 D£LRAY BEACH Facsimile Transmission Form 'PHONE: FROM: NTrMBER OF PAGES: (including this page) MESSAGE: all pao~.s are not received, please noti~' sender at the number '05/0j. 701 FRZ 08:37 FI.,T 561 243 92,62 R~L l~I002 BO~ MEMBER APPLICATION 1993 ~ , foUowing 2. Hom~ Address: ~ %~ st= zip Code. 3. Legal ~i~: 4. P~ B~s 6. ~ ~u 7. ~ B~s) ~. ~o~ ~~o~ 10. ~ '~ ~ pmf~sb~ ~m ~ ~ ~Jch ~u ~: I 11. G~ 12. ~ ~~, ~11~ ~ ~e ~ ~~ m ~ ~ ~ ~ ~ ~ ~ b~f r~) .... ~._ ......... ~ITV Note: This application will remain on t j t period of 2 years from the dare ~t vas ~,kmlrm. A. lr w'll be the at~s resoonsib~to ensure that a curm~ al:~llcation is on DELRAY BEACH, FL 33487 (561) 276-3593 EVELYN S. DOBSON 1994-CURRENT · Ifeel Itat l am best qualif~d for the open eeat on lhe CRA Boardbased upon many factors, including my current involvement with a Property Management Company located in Boca Raton, Flodda. · Forthelast lhree years l havs ~ as Chief Financial Officer for my current employer, Community ~ Services, Inc.. In my posilion as CFO, it is my responsbility to oversee all of Ihe financial obligations and aspects of the coqxxalJon itself, which has been in income was 3.5 mllion dollars, which was an increase of approximately .5 million dollars over lhe previous year. My involvement h that increase · In add,don to my responsibility as it relates to Ihe cor~ itself, as individuaJs who work in capacities of accounts payable, accounts receivable/leg~, and account~g rnanagem~ll-~ bookkeepers. My accounting managers on a monthly basis produce over 125 financial corporations not-for-profit. These financial s~a;ements are reviewed by relied upon by lhe Board as it relates to the ongoing business of the A____~afions. In conj~ with Ihe preparation of Ihe rnoelhly financial positions. It is also my re~ity to provide guidance, not only to lhe corporations so lhat there is proper planning for the future regarding · Community Associal~on Services has had 0~e pleasure of working with [lTV OF DELRrlV BErI[H CITY ATTORNEY'S; OFFICE 200 NW 1st AVENUE · DELRAY BEACH, FLORIDA 33444 TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755 1993 DATE: TO: FROM' SUBJECT: MEMORANDUM November 1, 2001 City Commission David Harden, City Manager Joe Safford, Finance Director Susan A. Ruby, City Attorney Florida Retirement System Option (FRS) Writer's Direct L~ne 561/243-7091 I requested and just received from the City's pension lawyer, Jim Linn, more information on the elected officers' option to participate in the FRS. The election to participate must be by majority vote and if a majority decides to participate, all must participate. The Division of Retirement must receive the applications by November 15, 2001. Because of the impending deadlines, I suggest that the resolution be placed on the November 6, 2001 agenda, to give the Commission the chance to participate if they desire to do so. Attachment cc: Barbara Garito, City Clerk llJ02'01 FRI 12 45 F4X 561 278 4755 DEL BCfl CTY ATTY ~-~-~ CITY HALL ~002 ER. ICB AS11 WILLIad~IG CAPKO BI;TH ANN CA~.SON MICHELLE D~bFEI~)E~ER ROBERTP DIFFENDkRYER KE~AETH x~ DOL)GE ~RZ~N ~ M ~LC~UF DL~DFN W&SNE g FLO~ERS IOb~ ~ FO~H.~D WALTER ~ FO~H~ LEVIS, LONGMAN WALKER, ATTORNEYS AT LAW MELISS A GROSS-AI~;, OLD KEL tN S H:E'CI-,TSSY L,',U~A L JACOBS R STEVEN LEV,IS TERRY E LEVelS J.,U'.,IES W LINN ANNE LONGM ~,N G STEPHIEN MANNING DA'vID[: R.advll3 & K.~NNETH G SPILLIAS EDWIN A STEINMEYER GLENN E THOM AS STEPHENA Wa. LKER Reply To TALLAHA$SEE MEMORANDUM TO: Susan Ruby, City Attorney Oty of Delray Beach FROM Jim Linn DATE November 2, 2001 RE Participabon of City Commissioners in the Florida Retirement System Elected Officers' Class This responds to your request for additional information concerning the recent change state law that allows local elected officials to participate in the elected offtcers' class of the Flonda Rehrement System (FRS). The change, contained ~n Chapter 2001-235, Laws of Flonda, arnends Section 121.052(3)(e), Florida Statutes, to state: Effective July 1, 2001, the governing body of a municipality or special district may, by majority vote, elect to designate all its elected officials for inclusion ~n ti~e Elected Officers' Class. Such election shall be made between July 1, 2001 and December 31, 2001, and shall be irrevocable. The designation of such posmons shall be effective the first day of the month following receipt by the Department [Division of Retirement] of the ordinance or resolution passed by the governing body. Elected Officers' Class - The FRS elected officers' class provides enhanced pension benefits and retirement options for elected officials of participating state agencies and local governments. The benefit formula for members of the elected officers' class is 3% of average final compensation multiplied by years of credited service An elected officer must have at least s~x years of credited service under FRS to become vested (ke., Jackxonvdle Office 9428 Baymeadows Road brute 625 Jackson~ Hie, Florida "y;-2020 · l-ax (904) 937-3221 Tallahas.vee Office Post Office Box 10788 (32302) 125 South Gadsden Street · State 300 Tallahassee, Florida 32301 (850) 222-5'702. Fax (850) 224-9242 W'WW LLW-LAW COM West Palm Beach Office 1700 Palm Beach Lakes Boulevmd West Palm Beach, Florida 334c)1 (561) 640-082g · (56[ t 640-8202 11 /)2 01 FRI 12 45 FAX 561 278 4755 DEL BCH CTY ATTY -.-~ CITY H{LI. [~00'l Susan Ruby, C~ty Attorney November 2, 2001 Page 2 entitled to receive a retirement benefit at early or normal retirement age). For example, an elected official who has s~x years' of credited service as a member of the FRS elected officers' class ~s entitled to receive a pension benefit equal to 18% of average final compensation upon reaching normal retirement age (age 62 or upon completing 30 years of cre&ted service under FRS). The elected officers' class benefit formula can be especially advantageous for a member who earns several years of credited service as an elected officer, and then transitions to a I~gi~er paying position w~th a state or local government agency that participates ~n FRS For example, a City Commissioner who receives an annual salary of $5,000 would be entitled to a pension benefit of $900 per year (at normal retirement age) based on six years of credited service m the elected offtcers' class. However, if the same Commissioner after leaving elected office were to be employed for three or more years in a state or local government pos~t~on under FRS paying $75,000 per year, h~s/her FRS pension benefit would ~ncrease to a~Jproxm~ately $17,000 annually (at normal retirement age). Purchase of Credit for Past Service as a City Commissioner - City Commissioners who become members of the FRS elected officers' class pursuant to the new law w~ll be able to purchase past service credit under the elected officers' class for all years of service as a CIty Commissioner, ff they have not participated tn any other City retirement plan. The cost of such past service may be pa~d either by the City, if the City Commission approves th~s for all eligible members, or by each individual member, by paying the applicable contribution rate for the years of past service, plus 6.5% interest The current contribution rate for the elected officers' class ~s 1 5 14% of compensation. Senior Management Class Option - A member of the FRS elected officers' class may opt to parhcipate in the semor management class of FRS instead of the elected officers' class. -l-h~s election must be made within 6 months after first lo~mng the elected officers' class. The benet~t formula for members of the senior management class is 2% of average final compensation mulhplied by years of credited service. However, members of the sen~or management class can elect to participate in the optional annuity program for sen~or managers. Th~s program prowdes retirement and death benefits through contracts with destgnated tnsurance companies (the two currently designated providers are Aetna and Great We_~t) The C~ty would contribute 12.49% of compensation to the optional annuity program on behalf of each participating elected officer. In addition, each participant ~n the optional annuity program may contribute up to the same amount contnbuted by the C~ty. Upon termination of employment, the member receives a benefit based on the value of their account m the optional annmty program, or may roll over the account balance tutu another qualified retirement plan or IRA, in accordance w~th the provisions of the annuity program selected by the member. DEL BCH CTY ~TTS' Il 02 01 FRI 12 46 FAX 561 278 4755 Susan Ruby, City Attorney November 2, 2001 Page 3 FRS Optional Defined Contribution Retirement Plan - The Legislature enacted an optional defined-contribution (DC) plan for all FRS members last year, which ~s scheduled to beg~n enro/l~ng members in 2002. Under the optional DC plan, an employee may place the employer's pension contribution into an array of mutual funds, annumes, and other ~nvestments The employee's pension benefit will consist of the amounts contnbuted plus the return on his or her investments, rather than the fixed benefit guaranteed under the regular FRS plan. Employee contributions may not be made to the optional DC plan. Participation in the DC program is optional. Any employee, whether current or new, may choose e~ther the traditional defined benefit plan or the new DC option. Vesting under the DC program requires one year of participation, as compared with 6 years under FRS A current FRS member who has more than one year of FRS participation at the time he or she switches to the DC program will vest immediately. FRS members who elect to participate in the optional retirement plan may either leave their accrued benefit in the regular FRS plan, or transfer its discounted present value to the DC plan. The optional defined contribution plan will be available to participating city employees, including members of the elected officers' class, beginning in December 2002. Withdrawal From FRS - A member of the elected officers' class may also elect to withdraw entirely from the Florida Retirement System. Procedure for City Commissioners to Join the FRS Elected Officers' Class -- In order for Gray Comm~ss}oners to participate m the FRS elected officers' class, the C~ty must first apply to become a participating employer in the Florida Retirement System. The C~ty must submit a wntten request for an application form to the D~vis~on of Retirement. Ms. Pat Ochoa in the FRS Enrollment Section appears to be the point person for the D~v~s~on of Retirement on this issue Ms. Ochoa's phone number is 850/488-8837, and her fax number is 850/410- 2043 Although the statute states that the governing body of the municipality must pass an ordinance or resolution by December 31, 2001, designating all its elected posit~ons for inclusion ~n the elected officers' class, the Division of Retirement has indicated that the applmation for FRS membership must be received by November 15, 2001 to insure that elected officers can begin participating in the FRS elected officers' class by January 1, 2002. A draft resolution directing City staff to file an application for FRS participation, and designating all members of the C~ty Commission for participation ~n the elected officers' class, ~s enclosed Please call me if you have further questions concerning this matter Enclosure RESOLUTION NO. 68431 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH AUTHORIZING AND DESIGNATING THE INCLUSION OF THE MAYOR AND CITY COMMISSIONERS IN THE ELECTED OFFICERS' CLASS OF THE FLORIDA RETIREMENT SYSTEM. WHEREAS, the Florida Legislature has amended Section 121.052(1)(e), Florida Statutes, to permit the governing body of a municipality to designate all of its elected positions for inclusion in the Elected Officers' Class of the Florida Retirement System; and WHEREAS, the designation of municipal elected officials to participate in the Elected Officers' Class of the Florida Retirement System must be made between July 1, 2001 and December 31,2001; and WHEREAS, members of the City Commission of the City of Delray Beach have not previously participated in any City retirement program; and WHEREAS, the City Commission of the City of Delray Beach finds that giving elected City Commissioners the ability to participate in the Elected Officers' Class of the Florida Retirement System will benefit the City by making the office of City Commissioner more desirable to citizens of the City, thereby increasing participation in the election process and encouraging qualified individuals to seek and hold elected office as City Commissioners; and WHEREAS, inclusion of City Commissioners in the Elected Officers' Class of the Florida Retirement System requires that the City first apply to become a participating employer in the Florida Retirement System; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the City through its staff immediately apply to become a participating employer in the Florida Retirement System, and provide such additional information as may be requested by the Florida Division of Retirement, such that those persons now serving as elected City Commissioners, as well as those persons elected as City Commissioners in the future, may participate in the Elected Officers' Class of the Florida Retirement System. Section 2. That the City resolves by majority vote of this Commission, its governing body, to designate all its elective positions for inclusion in the Elected Officers' Class of the Florida Retirement System. Section 3. That City staff is authorized and directed to make such payments as may be required to fund the participation of City Commissioners in the Elected Officers' Class of the Florida Retirement System, as well as the cost of credit for prior service as a City Commissioner for all Commissioners who are eligible for such past service credit. 2001. PASSED AND ADOPTED in regular session on tins the 6th day of November, MAYOR ATTEST: City Clerk 11 02 (11 FRI 1'2 45 F4X 561 278 4755 DEL BCH CTY 4TI'Y H 4.1.1~ IO2,5 LA'.2 ,¥iLLI~LM C, CAP1..(, .'-.1 lC HE LL E DLt -sM' ',1 ~.k qLT£1~ [: FOP, ZH,-L?,rD LEwis, LONGMAN &WAL R, PA ATTOrNeYS AT LAw To. TALLAHASSEE MEMORANDUM TO. Susan Ruby, City Attorney City of Delray Beach F R()~,I Jtm Linn D~TE November 2, 2001 RE Partiopahon of City Commmsioners in the Flor:da Retirement System Elected Officers' Class Th,s responds to your request for addlt~onal information concermng the recent change ~;~ stdtp lax'~ that allows local elected officials to participate in the elected officers' class of the F~or.c[a Retirement System IFRS}. The change, contained in Chapter 2001-235, Laws of FI,.~IMa, amends Section 121.05Z3)(e), Florida Statutes, to state. Effective July 1, 2001, the governing body of a municipality or spe(~al &stnct ma~, by malority vote, elect to designate all its elected off~oals for inclusion ~r/ tine Elected Officers' Class. Such electron shall be made between July 1, 20(_11 and December 31, 2001, and shall be irrevocable. Thedesignat~on of such posmons shall be effective the first day of the month follow.ng receipt b') the Department [Div,s~on of Retirement] of the ordinance or resoIution passed by the governing body. Elected Officers' Class - The FRS elected officers' class provides enhanced pension benefits and retirement options for elected officials of participating state agencies and local governments. The benefit formula for members of the elected off<ers' class is 3% of average final compensation multiplied by years of credited service. An elected officer must hax e at least s~x years of credited serwce under FRS to become vested (i.e., Tnllahaxxee Office Post Office Box 10788 (32302) 125 South Gadsden Sweet · State 300 Tallahassee, Florida 32301 (850) 222-5702 - Fax (850) 224-9242 Xx,%VW LLW-LM& COM It e~t Palm B~.acn 1700 Palm Beach ~ est Palm Bca,_h 11 02 01 FR] 1'2 45 F,~X 561 278 4755 DEL BCH CTY ATT~ ~ CIT'~ Ha, l.l~ w_l~' Su~an Ruby, City Attorney November 2, 2001 Pa.ge 2 entitled to receive a retirement benefit at early or normal retirement age). For exam_ p!e, an elected official who has six years' of credited ~ervice as A meml~er of the FRS elected officers' class ~s entitled to receive a pension benefit equal to 1 ~,% of averag(~ final compensation upon reaching normal retirement age (age 62 or-upon completing 30 years of credited sen'ice under FRS). -[he elected officers' class benefit formula can be especially advantageous for a member who earns several years of credited service as an elected officer, and then trans~ttons to a t}~gt~er paying pos~t~on w~th a state or local government agency that participates ~n FRS For e ,ample, a C~t)' Commissioner who receives an annual salary of $5,000 would be entitled to a pension benefit of $900 per year (at normal retirement age) based on s~x years of credited .-e~'~ ~ce m the elected officers' class However, if the same Commissioner after leaving elected office were to be employed for three or more years in a state or local government pos~t~on under FRS paying $75,000 per year, his/her FRS pension benefit would ~ncrease to -~i_,r~x~mately $17,000 annually (at normal retirement age). Purchase of Credit for Past Service as a City Commissioner - City Commissioners ~,. ho become members of the FRS elected officers' class pursuant to the new law will be able to pbrchase past serwce credit under the elected officers' class for all years of service as a C~t.~ Commissioner, if they have not participated ~n any other City retirement plan. The cost of such past service may be paid either by the City, if the C~ty Commission approves this for all eligible members, or by each indwidual member, by paying the applicable contribution rate for tl,e years of past service, plus 6.5% interest The current contribution rate for the elected c~l~ .... rs classes 15 14%of compensation. Senior Management Class Option - A member of the FRS elected officers' class ma3 qt:,t t~.~ participate in the sen~or management class of FRS instead of the elected officers' class ~-t,,~ ,~-Iect~on must be made within 6 months after first jo~mng the elected officers' class The I_,~.~,,:~ formula for members of the senior management class is 2% of average final comf_,e~satlon multiplied by years of credited service. However, members of the senior ma,~c~gement class can elect to participate in the optional annuity program for semor managers. This program provides retirement and death benefits through contracts w~th designated insurance companies (the two currently designated providers are Aetna and Great \,¥ e~t~, The City would contribute 12.49% of compensation to the optional annuity program on behalt of each participating elected officer. In addition, each participant in the optional annulS' program may contribute up to the same amount contributed by the C~ty Upon termination of employment, the member receives a benefit based on the value of their account ~n the optional annuity program, or may roll over the account balance into another qualified retirement plan or IRA, in accordance with the provisions of the annuity progr,~m selected by the member 1~ ~' ~ ~-RI Ig 40 FA\ 561 278 4755 DEl- BCH CT'~ -~TT5 S~.~san Ruby, City Attorney November 2, 2001 Page 3 · FRS Optional Defined Contribution Retirement'Plan - The Legi~lat~ure e~acted an optional defined-contribution (DC) plan for all FRS members last year, which is scheduled to begin enrolling members in 2002. Under the optional DC plan, an employee may pIace the employer's penslon.contributton into an array of mutual funds, annuities, and other ~n~estmentg The employee's pension benefit will consist of the amounts contributed plus the return on his or her investments, rather than the fixed benefit guaranteed under the regular FRS plan. EmpJoyee contributions may not be made to the optional DC plan. Participation in the DC program is optional. Any employee, whether current or new, may choose either the traditionaJ defined benefit plan or the new DC option. Vesting under the DC program requires o~e year of participation, as compared with 6 years under FRS. A current FRS member who has more than one year of FRS participation at the hme he or she swdches to the DC program will vest immediately. FRS members who elect to participate in the optional retirement plan may either leave their accrued benefit in the regular FRS plan, or transfer ~ts discounted _present value to the DC plan. The optional defined ¢onmbution plan will be available to participating city employees, including members of the elected dfhcers' class, beginning in December 2002. Withdrawal From FRS - A member of the elected officers' class may also elect to w~thdraw entirely from the Florida Retirement System. Procedure for City Commissioners to Join the FRS Elected Officers' Class -- In order fe~ C~*,, Commissioners to participate ~n the FRS elected officers' class, the C~ty must first appl',, to become a participating employer ~n the Florida Retirement System. The C~ty must ~ub~-;~t a ~ r~tten reques.t for an applicahon form to the Division of Retirement. Ms Pat Ochoa ~n ti~e FRS Enrollment Sectibn appears to be the point person for the Division of Retirement o.n this issue. Ms. Ochoa's phone number is 850/488-8837, and her fax number ~s 850/410- 2043 Although the statute states that the governing body of the municipality must pass an ordinance or resolution by December 31, 2001, designating all ~ts elected positions for ~nclus~on ~n the elected officers' class, the Division of Retirement has indicated that the application for FRS membership must be received by November 15, 2001 to insure that elected officers can begin participating in the FRS elected officers' class by January 1, 2002 ~ draft resolution directing City staff to file an application for FRS participation, and designating all members of the City Commission for participation in the elected officers' class, ~s enclosed Please call me if you have further questions concerning th~s matter £nclosure N()X,. -01 O1 (THU) 13:30 LEWIS, bONGMAN&WALRER TEL:SSO-224-9242 P. 002 LE S, LONGMAN &WALKER, PA ~TTO~N~¥-~ AT L~W MEMORANDUM REI, L¥ TO: Tallahassee To'- From: Date: Re: Susan Ruby, City Attomey City of Delray Beach Jim Linn -~L- November 1, 2001 Participation of City Commissioners in the Florida Retirement System Elected Officers' Class This responds to your request for additional information concerning the recent change in state law that allows local elected officials to participate in the elected officers' class of the Flodda Retirement System (FRS). The change, contained in Chapter 2001- 23.5, Laws of Florida. amends Section 121.052(3)(e), Flodda Statutes. to state: Effective July 1, 2001, the goveming body of a municipality or special district may, by majority vote, elect to designate all its elected officials for inclusion in the Elected Officers' Class. Such election shall be made between July 1, :2001 and December 31, 2001, and shall be irrevocable. The designation of such positions shall be effective the first day of the month following receipt by the Department [Division of Retirement] of the ordinance or resolution passed by the governing body. e. ay,,,,:ado,,,s Road Suite 625 --- Jackt. onville, rh,6du 32256 7.~7-2020 - F-~, (90&) 737-a221 1700 Palm t~.ach I~lke* ~ev~ Suilc 1~ ~ ~ ~ach. ~u~d~ 3~1 ~551) ~-O~0 · Fax (561) ~202 THU 12:34 [TX/RX NO 8903] \()\' -(11' O1 (THU) 13:30 LEWIS, LONGMAb~&WAL'KER TEL:850-224-9242 ? t)()3 Susan Ruby, City Attorney November 1, 2001 Page :2 Elected Officem' Class -The FRS elected officers' class provides enhanced pension benefits and retirement options for elected officials of participating state agencies and local governments. The benefit formula for members of the elected officers' class is 3% of average final compensation multiplied by years of credited service. An elected officer must have at least six years of credited service under FRS to become vested (i.e,, entitled to receive a retirement benefit at early or normal retirement age). For example, an elected official who has six years' of credited service as a member of the FRS elected officers' class is entitled to receive a pension benefit equal to 18% of average final compensation upon reaching normal retirement age (age 62 or upon completing 30 years of credited service under FRS). The elected officers' class benef~ formula can be especially advantageous for a member who earns several years of credited service as an elected officer, and then transitions to a higher paying position with a state or local govemment agency that participates in FRS. For example, a City Commissioner who receives an annual salary of $5,000 would be entitled to a pension benefit of $900 per year (at normal retirement age) based on six years of credited service in the elected officers' class. However, if the same Commissioner after leaving elected office were to be employed for three or more years in a state or local government position under FRS paying $75,000 per year, his/her FRS pension benefit would increase to approximately $17,000 annually (at normal retirement age). Purchase of Credit for Past Service as a City Commissioner - City Commissioners who become members of the FRS elected officers' class pursuant to the new law will be able to purchase past service credit under the elected officers' class for all years of service as a City Commissioner, if they have not participated in any other City retirement plan. The cost of such past service may be paid either by the City, if the City Commission approves this for all eligible members, or by each individual member, by paying the applicable contribution rate for the years of past service, plus 6,5% interest. The current contribution rate for the elected officers' class is 15.14% of compensation. Senior Management Class Option - A member of the FRS elected officers' class may opt to participate in the senior management class of FRS instead of the elected officers' class. This election must be made within 6 months after first joining the elected officers' class. The benefit formula for members of the senior management class is 2% of average final compensation multiplied by years of credited service. However, members of the senior management class can elect to participate in the optional annuity program for senior managers. This program provides retirement and death benefits through contracts with designated insurance companies (the two currently designated providers are Aetna and Great West). The City would contribute 12.49% of compensation to the optional annuity program on behalf of each participating elected officer. In addition, each participant in the optional annuity program may contribute up to the same amount 11/01/01 THU 12:34 [TX/RX NO 8903] N()V.-01' O1 (THU) 13:31 LEWIS, LONGMAN&WALKER TEL:850-224-9242 P (I04 Susan Ruby, City Attomey November 1,2001 Page 3 contributed by the City. Upon termination of employment, the member receives a benefit based on the value of their account in the optional annuity program, or may roll over the account balance into another qualified retirement plan or IRA, in accordance with the provisions of the annuity program selected by the member. Withdrawal From FRS -- A member of the elected officers' class may also elect to withdraw entirely from the Florida Retirement System. Procedure for City Commissionem to Join the FRS Elected Officers' Class - in order for City Commissioners to participate in the FRS elected officers' class, the City must first apply to become a participating employer in the Florida Retirement System. The City must submit a written request for an application form to the Division of Retirement. Ms. Pat Ochoa in the FRS Enrollment Section appears to be the point person for the Division of Retirement on this issue. Ms. Ochoa's phone number is 850/488-8837, and her fax number is 850/410-2043. Although the statute states that the governing body of the municipality must pass an ordinance or resolution by December 31, 2001, designating all its elected positions for inclusion in the elected officers' class, the Division of Retirement has indicated that the application for FRS membership must be received by November 15, 2001 to insure that elected officers can begin participating in the FRS elected officers' class by January 1, 2002. A draft resolution directing City staff to file an application for FRS participation, and designating all members of the City Commission for participation in the elected officers' class, is enclosed. Please call me if you have further questions concerning this matter. Enclosure 11/01/01 THU 12:34 [TX/RX NO 8903] l I 02 O1 FR1 12 44 F4X 561 278 4755 DEL BCH CTY ATTY £1TY OF DELR;IY BEI3£H ~--,~ CIT~ H4.1.L ~] 0 0 ! CITY ATTORNEY'S OFFICE 200 NW 1st AVENUE · DELRAY BEACH, FLORIDA 3344a TELEPHONE 561/243-7090 · FACSIMILE 561'278-4755 FAX TRANSMITTAL.LETTER DATE: November 2, 2001 TO: David Harden, City Manager Barbara Garito, City Clerk FROM: Susan Ruby Number of pages 0ncluding cover sheet) 4 CITY ATTORNEY'S OFFICE CITY OF DELRAY BEACH, FLORIDA IF ANY OF THE PAGES ARE NOT CLEARLY RECEIVED, PLEASE CALL 1 -561- 243-7092 IMMEDIATELY. COMMENTS: Agenda Item - Attached is a substitute memo from Jim Linn regarding the FRS item on the agenda. Susan